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House
File
2561
-
Introduced
HOUSE
FILE
2561
BY
MEGGERS
A
BILL
FOR
An
Act
relating
to
street
takeovers,
and
providing
penalties.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5743YH
(2)
91
th/ns
H.F.
2561
Section
1.
Section
321.209,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
5A.
For
a
first
violation
for
participating
3
in
a
street
takeover.
4
NEW
SUBSECTION
.
5B.
For
a
second
violation
for
5
participating
in
a
street
takeover,
and
the
department
shall
6
not
grant
an
application
for
a
new
license
until
the
expiration
7
of
two
years
after
the
revocation.
8
NEW
SUBSECTION
.
5C.
For
a
third
or
subsequent
violation
for
9
participating
in
a
street
takeover,
and
the
department
shall
10
not
grant
an
application
for
a
new
license
until
the
expiration
11
of
four
years
after
the
revocation.
12
Sec.
2.
NEW
SECTION
.
321.277B
Street
takeovers.
13
1.
A
person
shall
not
participate
in
a
street
takeover.
14
a.
For
a
first
violation,
a
person
commits
a
simple
15
misdemeanor
punishable
by
a
fine
of
at
least
five
hundred
16
dollars
but
not
to
exceed
two
thousand
dollars
and
the
17
department
shall
revoke
the
person’s
driver’s
license
in
18
accordance
with
section
321.209,
subsection
5A.
19
b.
For
a
second
violation,
a
person
commits
a
serious
20
misdemeanor.
The
court
shall
impose
a
fine
of
at
least
two
21
thousand
five
hundred
dollars
but
not
to
exceed
four
thousand
22
dollars
and
the
court
may
also
order
imprisonment
not
to
exceed
23
one
year.
The
department
shall
revoke
the
person’s
driver’s
24
license
in
accordance
with
section
321.209,
subsection
5B.
25
c.
For
a
third
or
subsequent
violation,
a
person
commits
a
26
class
“D”
felony.
The
court
shall
impose
a
fine
of
at
least
27
three
thousand
five
hundred
dollars
but
not
to
exceed
seven
28
thousand
five
hundred
dollars
and
the
court
may
also
order
29
imprisonment
not
to
exceed
five
years.
The
department
shall
30
revoke
the
person’s
driver’s
license
in
accordance
with
section
31
321.209,
subsection
5C.
32
d.
A
peace
officer
shall
impound
the
motor
vehicle
used
in
33
a
street
takeover
for
thirty
days.
An
unclaimed
motor
vehicle
34
impounded
under
this
paragraph
is
subject
to
section
321.89.
35
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3
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2561
2.
A
person
shall
not
organize
a
street
takeover.
A
person
1
who
violates
this
subsection
commits
a
class
“D”
felony.
2
3.
A
person
shall
not
spectate
at
a
street
takeover.
3
A
person
who
violates
this
subsection
commits
a
simple
4
misdemeanor
punishable
as
a
scheduled
violation
under
section
5
805.8A,
subsection
9,
paragraph
“0e”
.
6
4.
If
a
person
spectating
at
or
participating
in
a
street
7
takeover
blocks
or
prevents
a
peace
officer
from
intervening
in
8
any
manner,
the
person
commits
interference
with
official
acts,
9
in
violation
of
section
719.1,
and
upon
conviction,
shall
be
10
imprisoned
for
not
less
than
two
days
in
addition
to
any
other
11
penalty.
12
5.
For
purposes
of
this
section,
“street
takeover”
means
an
13
event
involving
the
operation
of
a
motor
vehicle
in
violation
14
of
section
321.277,
321.277A,
or
321.278,
with
at
least
three
15
motor
vehicles
present
or
one
or
more
spectators
present.
16
Sec.
3.
Section
805.8A,
subsection
9,
Code
2026,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
0e.
Section
321.277B
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
400.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
prohibits
street
takeovers,
an
event
involving
23
the
operation
of
a
motor
vehicle
in
violation
of
Code
section
24
321.277
(reckless
driving),
321.277A
(careless
driving),
or
25
321.278
(drag
racing),
with
at
least
three
motor
vehicles
26
present
or
one
or
more
spectators
present.
27
A
person
who
participates
in
a
street
takeover
is
subject
28
to
escalating
penalties
depending
on
the
number
of
times
the
29
person
has
participated
in
a
street
takeover,
ranging
from
a
30
$500
fine
to
a
$7,500
fine
and
confinement
for
no
more
than
31
five
years.
Additionally,
the
department
of
transportation
32
is
required
to
revoke
the
driver’s
license
of
a
person
who
33
participates
in
a
street
takeover
for
one
to
four
years,
34
depending
on
the
number
of
prior
violations.
35
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5743YH
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2/
3
H.F.
2561
The
bill
requires
a
peace
officer
to
impound
the
motor
1
vehicle
used
in
a
street
takeover
for
30
days.
An
unclaimed
2
motor
vehicle
is
subject
to
Code
section
321.89
(abandoned
3
vehicles).
4
A
person
who
organizes
a
street
takeover
commits
a
class
“D”
5
felony.
A
class
“D”
felony
is
punishable
by
confinement
for
no
6
more
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
7
than
$10,245.
8
A
person
who
spectates
at
a
street
takeover
commits
a
simple
9
misdemeanor
punishable
by
a
$400
scheduled
fine.
10
If
a
person
spectating
at
or
participating
in
a
street
11
takeover
blocks
or
prevents
a
peace
officer
from
intervening
12
in
any
manner,
the
person
commits
interference
with
official
13
acts
(Code
section
719.1),
and
upon
conviction,
must
be
14
imprisoned
for
not
less
than
two
days
in
addition
to
any
other
15
penalty.
A
violation
of
Code
section
719.1
ranges
from
a
16
simple
misdemeanor
to
a
class
“D”
felony.
A
simple
misdemeanor
17
is
punishable
by
confinement
for
no
more
than
30
days
and
a
18
fine
of
at
least
$105
but
not
more
than
$855.
19
-3-
LSB
5743YH
(2)
91
th/ns
3/
3