Bill Text: IA SF230 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to eluding or attempting to elude a pursuing law enforcement vehicle, and providing penalties.(Formerly SSB 1068.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-04-17 - Withdrawn. S.J. 810. [SF230 Detail]
Download: Iowa-2023-SF230-Introduced.html
Senate
File
230
-
Introduced
SENATE
FILE
230
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1068)
A
BILL
FOR
An
Act
relating
to
eluding
or
attempting
to
elude
a
pursuing
1
law
enforcement
vehicle,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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230
Section
1.
Section
321.279,
subsection
1,
paragraph
b,
Code
1
2023,
is
amended
to
read
as
follows:
2
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
3
or
subsequent
violation
under
this
subsection
and
who
has
4
previously
committed
any
violation
under
this
section
is,
upon
5
conviction,
guilty
of
an
aggravated
misdemeanor.
6
Sec.
2.
Section
321.279,
subsection
2,
Code
2023,
is
amended
7
to
read
as
follows:
8
2.
a.
The
driver
of
a
motor
vehicle
commits
an
aggravated
9
misdemeanor
a
class
“D”
felony
if
the
driver
willfully
fails
10
to
bring
the
motor
vehicle
to
a
stop
or
otherwise
eludes
or
11
attempts
to
elude
a
marked
or
unmarked
official
law
enforcement
12
vehicle
that
is
driven
by
a
peace
officer
after
being
given
a
13
visual
and
audible
signal
as
provided
in
this
section
and
in
14
doing
so
exceeds
the
speed
limit
by
twenty-five
miles
per
hour
15
or
more.
16
b.
The
driver
of
a
motor
vehicle
who
commits
a
violation
17
under
this
subsection
and
who
has
previously
committed
a
any
18
violation
under
this
subsection
or
subsection
3
section
is,
19
upon
conviction,
guilty
of
a
class
“D”
“C”
felony.
20
Sec.
3.
Section
321.279,
subsection
3,
Code
2023,
is
amended
21
by
striking
the
subsection.
22
Sec.
4.
Section
321J.2,
subsection
3,
paragraph
b,
23
subparagraph
(2),
subparagraph
division
(f),
Code
2023,
is
24
amended
to
read
as
follows:
25
(f)
If
the
offense
was
committed
while
also
in
violation
of
26
section
321.279,
subsection
3
,
paragraph
“a”
,
subparagraph
(2)
27
2
.
28
Sec.
5.
Section
907.3,
subsection
1,
paragraph
a,
29
subparagraph
(6),
subparagraph
division
(f),
Code
2023,
is
30
amended
to
read
as
follows:
31
(f)
If
the
offense
was
committed
while
also
in
violation
of
32
section
321.279,
subsection
3
,
paragraph
“a”
,
subparagraph
(2)
33
2
.
34
Sec.
6.
Section
907.3,
subsection
2,
paragraph
a,
35
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subparagraph
(2),
subparagraph
division
(f),
Code
2023,
is
1
amended
to
read
as
follows:
2
(f)
The
offense
is
a
was
committed
while
also
in
violation
3
of
section
321.279,
subsection
3
,
paragraph
“a”
,
subparagraph
4
(2)
2
.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
eluding
or
attempting
to
elude
a
9
pursuing
law
enforcement
vehicle
(eluding).
10
Current
law
generally
provides
that
a
driver
of
a
motor
11
vehicle
who
commits
a
second
or
subsequent
eluding
violation
12
is
subject
to
an
enhanced
penalty
if
the
second
or
subsequent
13
violation
is
found
under
the
same
Code
subsection
as
the
prior
14
violation.
The
bill
amends
current
law
to
provide
that
a
15
person
who
commits
a
second
or
subsequent
eluding
violation
16
is
subject
to
an
enhanced
penalty
regardless
of
the
Code
17
subsection
under
which
the
person
was
previously
convicted.
18
The
bill
increases
the
penalty
for
eluding
when
a
driver
19
exceeds
the
speed
limit
by
25
miles
per
hour
or
more
(Code
20
section
321.279(2))
from
an
aggravated
misdemeanor
to
a
class
21
“D”
felony.
The
penalty
for
a
second
or
subsequent
violation
22
is
increased
from
a
class
“D”
felony
to
a
class
“C”
felony.
A
23
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
24
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
25
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
for
26
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
27
than
$13,660.
28
Because
the
bill
makes
the
penalties
for
a
violation
of
29
Code
section
321.279(2)
identical
to
Code
section
321.279(3)
30
(eluding
and
exceeding
the
speed
limit
by
25
miles
per
hour
31
or
more
while
participating
in
a
felony,
operating
while
32
intoxicated,
violating
Code
section
124.401
(manufacture,
33
delivery,
or
possession
of
a
counterfeit
substance,
simulated
34
controlled
substance,
or
imitation
controlled
substance),
or
35
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