Bill Text: IA HF2497 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to drivers who fail to slow or stop when approaching a school bus displaying flashing lights or a stop signal arm, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-14 - Introduced, referred to Public Safety. H.J. 262. [HF2497 Detail]
Download: Iowa-2023-HF2497-Introduced.html
House
File
2497
-
Introduced
HOUSE
FILE
2497
BY
FORBES
A
BILL
FOR
An
Act
relating
to
drivers
who
fail
to
slow
or
stop
when
1
approaching
a
school
bus
displaying
flashing
lights
or
a
2
stop
signal
arm,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5781YH
(4)
90
th/ns
H.F.
2497
Section
1.
Section
321.261,
subsection
2,
Code
2024,
is
1
amended
to
read
as
follows:
2
2.
Any
person
failing
to
stop
or
to
comply
with
the
3
requirements
in
subsection
1
of
this
section
,
in
the
event
of
4
an
accident
resulting
in
an
injury
to
any
person
is
guilty
upon
5
conviction
of
a
serious
misdemeanor.
If
the
violation
occurs
6
in
connection
with
a
violation
of
section
321.372,
subsection
7
3,
the
person
is
guilty
upon
conviction
of
an
aggravated
8
misdemeanor.
9
Sec.
2.
Section
321.372,
subsection
5,
paragraph
b,
Code
10
2024,
is
amended
to
read
as
follows:
11
b.
A
person
convicted
of
a
violation
of
subsection
3
is
12
subject
to
one
of
the
following
penalties,
as
applicable
:
13
(1)
(a)
For
a
first
offense
under
subsection
3
if
no
minor
14
pedestrian
is
present
outside
the
school
bus
,
the
person
is
15
guilty
of
a
simple
misdemeanor
punishable
by
a
fine
of
at
least
16
three
hundred
forty-five
dollars
but
not
more
than
nine
hundred
17
thirty
dollars
or
by
imprisonment
for
not
more
than
thirty
18
days,
or
by
both.
The
department
may
require
the
person
to
19
attend
and
successfully
complete,
at
the
person’s
own
expense,
20
a
driver
improvement
program
approved
by
the
department
in
21
lieu
of
driver’s
license
suspension
for
the
offense
pursuant
22
to
section
321.210
.
23
(b)
For
a
second
or
subsequent
offense
under
subparagraph
24
division
(a),
the
person
is
guilty
of
a
serious
misdemeanor.
25
(2)
If
a
minor
pedestrian
is
present
outside
the
school
bus,
26
the
person
commits
a
serious
misdemeanor.
27
(3)
If
the
person
strikes
a
minor
pedestrian,
the
person
28
commits
an
aggravated
misdemeanor.
29
(4)
If
the
person
causes
bodily
injury,
the
person
commits
a
30
class
“D”
felony.
31
(5)
If
the
person
causes
serious
injury,
as
defined
in
32
section
702.18,
the
person
commits
a
class
“C”
felony.
33
(2)
For
a
second
or
subsequent
offense
under
subsection
3
,
34
the
person
is
guilty
of
a
serious
misdemeanor.
35
-1-
LSB
5781YH
(4)
90
th/ns
1/
4
H.F.
2497
Sec.
3.
Section
321.372,
subsection
5,
Code
2024,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
As
used
in
this
subsection,
“minor
3
pedestrian”
means
a
person
under
the
age
of
eighteen
who
was
a
4
passenger
or
will
be
a
passenger
on
a
school
bus,
including
but
5
not
limited
to
such
a
person
waiting
for
a
school
bus,
entering
6
a
school
bus,
or
exiting
a
school
bus,
if
the
person
is
on
7
the
roadway
or
immediately
adjacent
to
the
roadway
on
which
a
8
school
bus
is
being
operated.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
Current
law
requires
the
driver
of
any
vehicle
who
knows
or
13
has
reason
to
believe
that
the
driver’s
vehicle
was
involved
14
in
an
accident
resulting
in
injury
to
or
death
of
any
person
15
to
immediately
stop
the
vehicle
at
the
scene
of
the
accident
16
or
as
close
as
possible
and
if
able,
return
to
and
remain
at
17
the
scene
of
the
accident.
In
addition,
if
the
driver
leaves
18
the
scene
of
an
accident
resulting
in
injury
to
or
death
of
a
19
person
without
knowledge
or
reason
to
believe
that
the
driver’s
20
vehicle
was
involved
in
the
accident,
and
later
discovers
that
21
the
driver’s
vehicle
may
have
been
involved
in
an
accident
that
22
resulted
in
injury
to
or
death
of
a
person,
the
driver
must,
23
as
soon
as
reasonably
possible,
make
a
good-faith
effort
to
24
immediately
contact
emergency
services
or
make
a
911
call
and
25
provide
the
dispatcher
with
any
requested
information
and
the
26
location
and
possible
time
of
the
accident.
This
bill
enhances
27
the
penalty
for
a
violation
of
this
provision
when
a
person
28
fails
to
yield
or
stop
when
required
while
approaching
a
school
29
bus
when
such
failure
results
in
injury.
Such
a
violation
30
is
an
aggravated
misdemeanor
under
the
bill.
An
aggravated
31
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
32
years
and
a
fine
of
at
least
$855
but
not
more
than
$8,540.
33
Under
current
law,
a
person
operating
a
vehicle
(driver)
34
is
required
to
reduce
the
vehicle’s
speed
to
not
more
than
20
35
-2-
LSB
5781YH
(4)
90
th/ns
2/
4
H.F.
2497
miles
per
hour
when
meeting
a
school
bus
with
flashing
amber
1
warning
lamps,
and
must
bring
the
vehicle
to
a
complete
stop
2
when
the
school
bus
stops
and
the
stop
signal
arm
is
extended.
3
The
driver
must
remain
stopped
until
the
stop
signal
arm
is
4
retracted
after
which
time
the
driver
is
authorized
to
proceed
5
with
due
caution.
Additionally,
a
driver
is
prohibited
from
6
overtaking
or
passing
a
school
bus
when
red
or
amber
warning
7
signal
lights
are
flashing.
The
driver
must
bring
the
vehicle
8
to
a
complete
stop
no
closer
than
15
feet
from
the
school
bus
9
when
the
bus
is
stopped
and
the
stop
arm
is
extended,
and
the
10
driver
must
remain
stopped
until
the
stop
arm
is
retracted
and
11
the
school
bus
resumes
motion.
12
A
driver
who
violates
any
of
these
provisions
(school
bus
13
provisions)
commits
a
simple
misdemeanor
punishable
by
a
fine
14
of
at
least
$340
but
not
more
than
$930
or
by
imprisonment
for
15
not
more
than
30
days,
or
by
both.
This
fine
is
enhanced
from
16
the
standard
simple
misdemeanor
fine
of
at
least
$105
but
not
17
more
than
$855.
However,
the
department
of
transportation
18
(DOT)
may
require
a
person
to
attend
and
successfully
complete,
19
at
the
person’s
own
expense,
a
driver
improvement
program
20
approved
by
the
DOT
in
lieu
of
the
DOT
suspending
the
person’s
21
driver’s
license
pursuant
to
Code
section
321.210.
22
The
bill
enhances
and
adds
new
criminal
penalties
if
a
driver
23
violates
the
school
bus
provisions,
but
does
not
affect
the
24
option
for
a
person
to
complete
a
driver
improvement
program
in
25
lieu
of
a
driver’s
license
suspension
for
a
first
offense
if
no
26
minor
pedestrian
is
present
outside
of
a
school
bus.
27
Under
the
bill,
a
driver
commits
a
serious
misdemeanor
if
the
28
violation
occurs
while
a
minor
pedestrian
is
present
outside
29
of
a
school
bus.
The
bill
defines
“minor
pedestrian”
for
30
purposes
of
Code
section
321.372(5).
A
serious
misdemeanor
is
31
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
32
of
at
least
$430
but
not
more
than
$2,560.
33
Under
the
bill,
a
driver
who
strikes
a
minor
pedestrian
34
commits
an
aggravated
misdemeanor.
35
-3-
LSB
5781YH
(4)
90
th/ns
3/
4
H.F.
2497
If
a
driver
causes
bodily
injury,
the
driver
commits
a
class
1
“D”
felony.
A
class
“D”
felony
is
punishable
by
confinement
2
for
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
3
not
more
than
$10,245.
4
If
a
driver
causes
serious
injury,
defined
by
reference
as
5
a
disabling
mental
illness,
a
bodily
injury
which
(1)
creates
6
a
substantial
risk
of
death,
(2)
causes
serious
permanent
7
disfigurement,
or
(3)
causes
protracted
loss
or
impairment
of
8
the
function
of
any
bodily
member
or
organ,
and
any
injury
to
9
a
child
that
requires
surgical
repair
and
necessitates
the
10
administration
of
general
anesthesia,
including
but
not
limited
11
to
skull
fractures,
rib
fractures,
and
metaphyseal
fractures
12
of
the
long
bones
of
children
under
the
age
of
four
years,
13
the
driver
commits
a
class
“C”
felony.
A
class
“C”
felony
is
14
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
15
of
at
least
$1,370
but
not
more
than
$13,660.
16
-4-
LSB
5781YH
(4)
90
th/ns
4/
4
