Relating to additional penalties for certain violations against bicyclists causing serious injury or death committed by a person operating a motor vehicle

Description

House File 2446 adds violations of Iowa Code section 321.281(1) to the list of violations subject to additional penalties under Iowa Code section 321.482A. For a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license or operating privileges for not more than 90 days, or both. For a violation causing death, additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.

Background

Under current law, Iowa Code section 321.281(1) prohibits a person operating a motor vehicle from steering the vehicle unreasonably close to or toward a person riding a bicycle on a highway, including the roadway or the shoulder adjacent to the roadway. The scheduled fine for a violation of Iowa Code section 321.281(1) is $250.

Fine revenue is distributed to the State General Fund. A 35.0% criminal penalty surcharge is assessed on all fines. Of the Criminal Penalty Surcharge revenue, 95.0% is remitted to the State, and the remaining 5.0% is remitted to the county treasurer of the county or the city clerk of the city that was the plaintiff in the action. Of the amount remitted to the State, 83.0% is deposited in the State General Fund and 17.0% is deposited in the Victim Compensation Fund. In addition, a $60 court cost fee is assessed and the revenue is distributed to the State General Fund.

Assumptions

In FY 2019, the collection rate for a scheduled violation or fine was 61.0%. It is assumed the collection rate will be similar in future fiscal years.

Fiscal Impact

House File 2446 is estimated to have a minimal fiscal impact. In FY 2019, there were only six citations given for a violation of Iowa Code section 321.482A. It is unknown how many of these citations would be subject to the additional penalties under this Bill. The following table shows the amount assessed and collected under current law and the enhanced penalties. Current Law and HF 2446 Fine Assessments and CollectionsAssessment

Current Law

321.281(1) HF 2446

Serious Injury

Enhancement

HF 2446 Death

Enhancement

Fine 250.00$ 500.00$ 1,000.00$ 911.1 Surcharge 87.50 175.00 350.00 Court Costs 60.00 60.00 60.00 Total Assessed 397.50$ 735.00$ 1,410.00$ Estimated Collection 242.48$ 448.35$ 860.10$ In addition to the fine, if the violator’s driver’s license is suspended, a $200 civil penalty is assessed and must be paid before the license can be reinstated. Revenue from the civil penalty is deposited in the Juvenile Home Detention Fund. At the time of reinstatement, a $20 reinstatement is also assessed and paid to the Department of Transportation.

Sources

• Judicial Branch
• LSA analysis