Prohibiting persons from intentionally blocking the movement of traffic on certain highways, and providing penalties

A person who commits a first violation of the provisions of the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A person who commits a second or subsequent violation of the provisions of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A punishment imposed under the bill is in lieu of any punishment imposed for creating a public nuisance under current law. To the extent practicable, a court may order that the obstruction be abated or removed at the expense of the person. The costs for abatement or removal of the obstruction may be entered as a personal judgment against the person or assessed against the property where the obstruction occurred, or both. A person charged with a violation of the provisions of the bill is subject to prosecution by the county attorney in the county where the highway is located. However, if the county attorney fails to initiate prosecution within days, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney. The bill does not apply to a person who blocks the movement of traffic for the purpose of obtaining law enforcement, medical, or mechanical assistance. In addition, the bill does not apply to a person who is a peace officer or emergency responder, who is engaged in highway construction or maintenance, or who is an employee of a federal, state, or local government, if the person is acting within the scope of the person’s duties.