Bills › 89th General Assembly
Relating to the intentional avoidance of traffic-control devices, providing penalties, and making penalties applicable
Sponsored by the House Transportation Committee
Topics:Crime & correctionsTransportation
Same legislation: HF 28
Where it is now
- Done: IntroducedJanuary 12, 2021
- Done: SubcommitteeFebruary 8, 2021
- Done: House committeeFebruary 18, 2021
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Drivers cannot intentionally ignore traffic signs or signals by driving on private property or non-highway public areas to avoid them. Breaking this rule is a misdemeanor that carries a $35 fine, though police will only issue warnings until the start of 2022. If this violation causes a serious injury or death, a person could face much higher fines or lose their driver's license.1
Read the official explanation
Current law requires the driver of a vehicle to obey traffic-control devices. This bill prohibits a driver of a vehicle from intentionally avoiding obedience to a traffic-control device by operating the vehicle on private property, or public property that is not a street or highway. A violation of the bill is a simple misdemeanor punishable by a scheduled fine of $35. However, the bill requires a peace officer to issue a warning memorandum for the violation until January 1, 2022.482A, if the violation results in a conviction and causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than days, or both. If the violation results in a conviction and causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.256 commits a serious violation that could result in denial, suspension, or revocation of the permit.
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill prohibits drivers from using private property or non-highway public property to avoid traffic-control devices and creates a new $35 fine for this violation. Because it is unknown how many citations will be issued, the resulting increase in fine and surcharge revenue for the state and counties cannot be estimated.3
Read the fiscal note
Description
House File 652 amends Iowa Code section 321.256 by adding a new section that prohibits drivers from using private property, or public property that is not a street or highway, to avoid an official traffic-control device. The Bill creates a new scheduled violation punishable by a fine of $35 under Iowa Code section 805.8A(8). The Bill requires that a peace officer issue a warning in lieu of a citation for violation of Iowa Code section 321.256(2) until January 1, 2022.
Background
Current Iowa law requires that drivers obey official traffic-control devices unless otherwise directed by a peace officer. Violations of this law result in a fine of $135. An official traffic-control device is a sign, signal, or marking placed by a public body to regulate, warn, or guide traffic. Iowa Code section 321.482A also provides for additional penalties when a violation results in serious injury or death. For a violation causing serious injury, Iowa Code section 321.482A provides for a fine of $500, suspension of the person’s driver’s license for no more than 90 days, or both; for a violation causing death, it provides for a fine of $1,000, suspension of the driver’s license for no more than 180 days, or both.
Under Iowa Code section 602.8106(4)(b), scheduled fine revenue for a State law violation is distributed as follows: 91.0% to the State and 9.0% to the county general fund in which the violation occurred. For the State share of citations, 1.3% is distributed to the Emergency Medical Services Fund and 98.7% is distributed to the State General Fund. In addition to the scheduled fine, a Crime Services Surcharge, equal to 15.0% of the fine, and a $55 fee for court costs are also imposed. The Crime Services Surcharge is remitted to the State Court Administrator and is distributed as follows: 46.0% to the Juvenile Detention Home Fund; 32.0% to the Victim Compensation Fund; 20.0% to the Criminalistics Laboratory Fund; and 2.0% to the Drug Abuse Resistance Education Fund. The fee assessed for court costs is remitted to the State Court Administrator and distributed to the State General Fund.
Assumptions
There will be an unknown increase in fine and surcharge revenue as a result of House File 652.
Correctional Impact
House File 652 establishes a new scheduled violation under Iowa Code section 805.8A. The punishment under this Bill does not include the possibility of imprisonment, and as a result, this Bill is not estimated to have a correctional impact. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system.
Minority Impact
House File 652 establishes a new scheduled violation, but it is unknown how many citations may result from this Bill. As a result, the minority impact of House File 652 cannot be estimated. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.
Fiscal Impact
Since House File 652 creates a new scheduled violation and the fiscal impact cannot be determined. Table 1 shows the distribution of revenue for a single citation of Iowa Code section 321.256(2) and with enhanced penalties.
Source
- Legislative Services Agency
- Driving, Avoiding Traffic Lights · February 24, 2021
Iowa Code it changes
Lobbying
0 for · 0 against · 7 undecided · Who →
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89th General Assembly