Bills › 89th General Assembly
Relating to unintentionally causing the death of a person by operating a motor vehicle at an excessive speed, providing penalties, and making penalties applicable
Sponsored by the House Public Safety Committee
Topics:Crime & correctionsPublic safety & emergenciesTransportation
Same legislation: HSB 5
Where it is now
- Done: IntroducedJanuary 12, 2021
- Done: SubcommitteeJanuary 12, 2021
- Done: House committeeMarch 2, 2021
- Done: Passes the HouseMarch 23, 2021
- Done: Senate committeeApril 1, 2021
- Done: Passes the SenateMay 5, 202148–0
- Done: To the GovernorMay 20, 2021
- Done: Signed into lawMay 20, 2021
Signed into law What’s a funnel?
What’s in it
36 (speed limits in state parks and preserves), by miles per hour or more, if the death of the other person directly or indirectly results from the violation. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. The bill exempts members of a public safety agency performing official duties from this provision.208).1).12).6A(4), a person who unintentionally causes a serious injury by the means described in the bill is guilty of a class “D” felony.
Read the full explanation
A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
Changed since by amendment H-1210; see Amendments.
Senate subcommittee
Named March 24, 2021. On March 29, 2021 it recommended passage.
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
Fiscal note
Cost: up to $19,200 Compare with other bills
AI summary This bill makes it a Class C felony to cause a death by driving 25 miles per hour or more above the posted speed limit. Because it is unknown how many deaths are caused by excessive speed, the fiscal impact on the state cannot be estimated.2
Read the fiscal note
Description
House File 753 provides that a person commits a Class C felony when the person exceeds the lawfully posted speed limit by 25 miles per hour or more and the violation is the proximate cause of death of another person. This section does not apply to a member of a public safety agency performing official duties.
Background
A Class C felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. By operation of law, a person who commits a violation under the Bill is subject to a driver’s license suspension for vehicular homicide and is disqualified from operating a commercial motor vehicle for one year. In addition, the person is prohibited from being admitted to bail during the appeal process. If the person fails to remain at the scene of the accident, the person must also be denied parole or work release until the person has served at least 70.0% of the maximum term of the person’s sentence.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates, plea bargaining, and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
In FY 2019 and FY 2020, there were a total of 21 convictions under Iowa Code section 707.6A(2). House File 753 amends Iowa Code section 707.6A to include actions not previously included in this Code section, and the correctional impact cannot be determined because it is unknown using current data how many deaths were caused by excessive speed. Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class C felonies. 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. Table 1 — LOS and Sentencing Estimates
Class
Percent to
Prison
Avg Length
of Stay
Prison
(months) FY 20
Marginal
Cost/Day
Prison
Percent
Ordered
to
Probation
Avg LOS
on
Probation
Avg Cost
Per Day
on
Probation
Percent
Sentenced
to CBC
Residential
Facility
FY 20
Marginal
Cost
CBC Per
Day
Percent
Ordered to
County Jail
Avg
Length of
Stay in
County
Jail
Marginal
Cost Per
Day
Avg LOS
on
Parole
FY 20
Average
Cost Per
Day
Parole
Class C Felony
(Persons) 89.0% 38.6 $20.33 27.9% 34.1 $5.38 5.5% $14.78 49.1% N/A $50.00 21.5 $5.38
Minority Impact
Of the 21 total convictions under Iowa Code section 707.6A in FY 2019 and FY 2020, 85.2% of the convictions involved a Caucasian offender and 13.1% involved an African-American offender. House File 753 amends Iowa Code section 707.6A to include new actions not previously included in this section. As a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing data to estimate the minority impact of HF 753. 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
House File 753 amends Iowa Code section 707.6A to include new actions, and the fiscal impact cannot be estimated due to lack of existing conviction data. The average State cost per conviction of a Class C felony ranges from $9,900 to $19,200. The cost estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- CJJP, Department of Human Rights
- Department of Corrections
- Judicial Branch
- LSA analysis
- Final Fiscal Note — Excessive Speed, Vehicular Homicide · June 11, 2021 · $19,200
- Excessive Speed, Vehicular Homicide · March 9, 2021 · $19,200
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Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.
- SF 114 Relating to unintentionally causing the death of a person by operating a motor vehicle at …88th General Assembly · Passed Senate · same titlePassed a chamber
- HF 567 Relating to unintentionally causing the death of a person by operating a motor vehicle at …88th General Assembly · Approved by committee · nearly identicalCleared committee
Matched by wording or an identical title.