Proyectos de ley › 89.ª Asamblea General

HF 2326Murió al terminar la sesión · 10 de febrero de 2022

Relating to traffic violations involving the approach of certain stationary vehicles, including by providing for reporting of violations, requiring investigations, and providing for enforcement against vehicle owners

Presentado por el comité Public Safety (companion To Sf 2133 By Committee on Judiciary) de la Cámara

Temas:Public safety & emergenciesTransportation

La misma legislación: SSB 3019, HSB 557, SF 2133

Dónde está ahora

  1. Hecho: Presentado19 de enero de 2022
  2. Hecho: Subcomité19 de enero de 2022
  3. Hecho: Comité de la Cámara8 de febrero de 2022
  4. Se detuvo: Lo aprueba la CámaraMurió al terminar la Asamblea General
  5. Sigue: Comité del Senado
  6. Sigue: Lo aprueba el Senado
  7. Sigue: A gobernador(a)
  8. Sigue: Firmado como ley

Murió al terminar la sesión La sesión de 2022 terminó el 24 de mayo de 2022, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?

Qué contiene

Resumen con IA Drivers of emergency, utility, and maintenance vehicles or police officers can now report motorists who fail to slow down or move over for stationary vehicles with flashing lights. After receiving a report, a police officer will contact the vehicle owner to find out who was driving at the time of the violation. If the driver cannot be identified, the vehicle owner may be held responsible and receive a traffic citation. (Todavía no está traducido al español.)1

Lea la explicación oficial (en inglés)

323A(1) and (2) provide the operator of a motor vehicle must approach certain stationary vehicles displaying flashing lights, including an authorized emergency vehicle, towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, highway maintenance vehicle, construction vehicle, and solid waste or recycling collection service vehicle, with due caution and must make a lane change into a lane not adjacent to the stationary vehicle if possible, or reduce the speed of the motor vehicle to a reasonable and proper speed and be prepared to stop. 323A(1) or (2) to file a written report within hours of the violation to a peace officer of the state or a peace officer of the county or municipality where the violation occurred. The report must include the time and location of the violation and the registration plate number and a description of the vehicle involved in the violation.484.484 provides, among other things, that the owner of the vehicle shall identify the driver to the best of the owner’s ability. However, the owner of the vehicle is not required to supply identification information to the officer if the owner believes the information is self-incriminating. If the investigating peace officer is able to identify the person who was operating the motor vehicle and has reasonable cause to believe the violation occurred, the peace officer must serve a uniform traffic citation for the violation personally or by certified mail to the identified person. If the investigating peace officer has reasonable cause to believe that the violation occurred but is unable to identify the person who was operating the motor vehicle, the peace officer must serve a uniform traffic citation for the violation personally or by certified mail to the owner of the motor vehicle. In a related proceeding, proof that the motor vehicle described in the uniform traffic citation was used to commit the violation, together with proof that the defendant named in the citation was the owner of the motor vehicle at the time the violation occurred, constitutes a permissible inference that the owner was the person who committed the violation. The bill defines “owner” as the term is used in the bill.323A commits a simple misdemeanor punishable by a scheduled fine of $135. If the violation resulted in an accident causing bodily injury to or the death of another person, the violator may be subject to additional penalties including a fine of $500 for a violation causing bodily injury to another person, and a fine of $1,000 for a violation causing death. The department of transportation must suspend a person’s driver’s license for days after receiving a record of a person’s conviction for a violation which resulted in an accident causing damage to the property of another, for 180 days for a violation which resulted in bodily injury to another person, and for one year for a violation causing death.484 commits a simple misdemeanor punishable by confinement for no more than days and a fine of at least $105 but not more than $855.372A for school bus drivers who observe violations of failing to obey school bus warning devices.

Texto completo del proyecto (en inglés)2

House subcommittee

Named January 19, 2022 (as HSB 557). On January 26, 2022 it recommended passage. Vote Total: 3-0.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Nota fiscal

Resumen con IA This bill allows operators of certain stationary vehicles to report drivers who do not follow move over laws to a peace officer for investigation. The fiscal impact of this bill cannot be determined due to a lack of data. Costs to the Department of Public Safety and the Judicial Branch for implementing the bill are estimated to be minimal. (en inglés)3

Lea la nota fiscal (en inglés)

Description

Senate File 2133 relates to traffic violations involving the approach of certain stationary vehicles. The Bill provides that the operator of a motor vehicle protected under Iowa Code section 321.323A(1) or (2) may file a report within 72 hours with a peace officer concerning a violation of the Iowa Code section. Within seven days after receiving the report, the peace officer will investigate the report and, if probable cause of a violation of the Iowa Code section is found, issue a scheduled traffic violation to the operator or owner of the vehicle.

Background

Currently, Iowa Code section 321.323A(1) and (2) provides that motor vehicle operators, when approaching certain stationary vehicles displaying flashing lights, must use due caution and make a lane change into a lane not adjacent to the stationary vehicle. If a lane change is not possible, the motor vehicle operator must reduce speed to a reasonable and proper speed and be prepared to stop.

A person who violates Iowa Code section 321.323A commits a simple misdemeanor, punishable by a scheduled fine of $135. The violator may be subject to additional penalties including a fine of $500 for a violation resulting in bodily injury and a fine of $1,000 for a violation causing death.

Similar provisions to those in the Bill currently exist under Iowa Code section 321.372A for school bus drivers who observe violations for failing to obey school bus warning devices. The Department of Transportation must suspend a person’s driver’s license for 90 days after receiving a record of a person’s conviction for a violation which resulted in an accident causing damage to the property of another, for 180 days for a violation which resulted in bodily injury to another person, and for one year for a violation causing death.

Assumptions

  • Costs to the Department of Public Safety and the Judicial Branch for implementing the Bill are minimal.
  • There may be an increase in the number of convictions due to the new reporting mechanism.

Fiscal Impact

The fiscal impact of SF 2133 cannot be determined due to a lack of data. In FY 2021, there were 606 convictions for violations of Iowa Code section 321.323A(1). Each violation is punishable by a fine of at least $135. The Bill expands the enforcement of existing laws and may result in an increase in the number of scheduled traffic citations issued and an increase in fine revenue.

Sources

  • Criminal and Juvenile Justice Planning Division, Department of Human Rights
  • Department of Public Safety
  • Department of Transportation
  • Judicial Branch

Cómo leer una nota fiscal4

Lo que cambia del Código de Iowa (Iowa Code)

Crea§321.323B

Modifica§321.484

Cómo funciona el Código5

Cabildeo

14 a favor · 1 en contra · 12 indecisos · Quiénes →

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