Bills › 89th General Assembly
Where it is now
- Done: IntroducedJanuary 21, 2021
- Done: SubcommitteeJanuary 21, 2021
- Done: House committeeFebruary 11, 2021
- Done: Passes the HouseFebruary 23, 202190–3
- Done: Senate committeeFebruary 24, 2021
- Done: Passes the SenateMay 5, 202148–0
- Done: To the GovernorMay 24, 2021
- Done: Signed into lawJune 16, 2021
HF 524 became law → The same legislation passed as HF 524, so this version was set aside. Go to HF 524 What’s a funnel?
What’s in it
_____ accident resulting in injury to or death of a person must immediately stop the vehicle at the scene of the accident or as close as possible and if able, must then return to and remain at the scene of the accident. This bill applies the provision to a driver who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of a person.263 and the location and possible time of the accident.263, such information includes the driver’s name, address, registration number of the vehicle or other information on the registration receipt, driver’s license information, and other identification data.
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261 relating to an accident resulting in an injury 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 $430 but not more than $2,560.261 relating to an accident resulting in a serious injury is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.261 relating to an accident resulting in death 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 $1,025 but not more than $10,245.4.
Changed since by amendment S-3119; see Amendments.
House subcommittee
Named January 21, 2021. On January 28, 2021 it recommended amendment and 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
Fiscal note
AI summary This bill increases the criminal penalties for drivers who leave the scene of an accident involving injury or death. Because the bill may increase certain convictions to higher-level felonies, the total fiscal impact on the state cannot be estimated.2
Read the fiscal note
Description
House File 524 applies the mandatory license revocation provision under Iowa Code section 321.209 to a driver who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of a person.
House File 524 provides that if a driver knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in an injury to or death of a person, the driver is required to immediately stop the driver’s vehicle at the scene. If the driver leaves the scene and later discovers the driver’s vehicle was involved in such an accident, the driver is required to make a good-faith effort to immediately contact emergency services.
House File 524 expands the penalties applicable under Iowa Code section 321.261 to include:
- Any person failing to stop or to comply with the requirements to stop under this section, who causes an accident resulting in a serious injury to any person, is guilty of a Class D felony.
- A person failing to stop or to comply with the requirements of this section, who causes an accident resulting in the death of a person, is guilty of a Class C felony.
Background
Currently, the following penalties exist under Iowa Code section 321.261:
- Any person failing to stop or to comply with the requirements in this section, in the event of an accident resulting in an injury to any person, is guilty of a serious misdemeanor.
- Any person failing to stop or to comply with the requirements in this section, in the event of an accident resulting in a serious injury to any person, is guilty of an aggravated misdemeanor.
- A person failing to stop or to comply with the requirements in this section, in the event of an accident resulting in the death of a person, is guilty of a Class D felony. A violation of Iowa Code section 321.261 is subject to mandatory driver’s license revocation under Iowa Code section 321.209, is considered an offense for purposes of habitual offender status under Iowa Code section 321.555, and may result in exclusion from an automobile insurance policy under Iowa Code section 515D.4. The penalties under this Bill range from a serious misdemeanor to a Class C felony. Felonies and misdemeanors are punishable by the terms defined in Iowa Code chapters 902 and 903, respectively.
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
House File 524 expands the penalties applicable under Iowa Code section 321.261 if the person caused the accident. In FY 2019 and FY 2020 combined, there were nine Class D felony, 19 aggravated misdemeanor, and 91 serious misdemeanor convictions under Iowa Code section 321.261. Under this Bill, some of those aggravated misdemeanor or Class D felony convictions may be increased to Class D and Class C felonies respectively if the person caused the accident. It is unknown how many of these convictions would have qualified under the enhanced penalties in this Bill; therefore, the impact of adding this provision cannot be determined.
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 ranging from serious misdemeanors to 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
Minority Impact
Of the 119 convictions under Iowa Code section 321.261 in FY 2019 and FY 2020, 75.7% of the convictions involved Caucasian offenders, 16.2% involved African American offenders, and 8.1% involved offenders classified as Other. In FY 2020, Caucasians and African Americans made up 89.9% and 4.1% of the adult population of the State of Iowa, respectively. It is unknown how many of these convictions were caused by the driver and would have qualified under the enhanced penalties in this Bill; therefore, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use existing data to estimate the minority impact. 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 524 expands the penalties applicable under Iowa Code section 321.261 and the fiscal impact cannot be estimated. Under this Bill, some aggravated misdemeanor or Class D felony convictions may be increased to Class D and Class C felonies respectively if the person caused the accident. Table 2 provides the potential cost increase for one conviction under Iowa Code section 321.261. 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.Conviction
Offense 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
Class D Felony
(Persons) 77.0% 16.0 $20.33 47.8% 30.5 $5.38 10.5% $14.78 38.6% N/A $50.00 11.5 $5.38
Aggravated
Misdemeanor
(Persons) 43.0% 7.1 $20.33 51.7% 20.2 $5.38 3.3% $14.78 70.7% N/A $50.00 6.0 $5.38
Serious
Misdemeanor 2.0% 5.0 $20.33 56.0% 13.4 $5.38 1.0% $14.78 69.0% N/A $50.00 2.4 $5.38 Table 2 — Average Cost Difference Per Conviction
Sources
- CJJP, Department of Human Rights
- Department of Corrections
- Judicial Branch
- LSA analysis
- Final Fiscal Note — Motor Vehicle Accidents, Leaving the Scene · June 15, 2021
- Death or Personal Injuries From Motor Vehicle Accident · February 25, 2021
- Motor Vehicle Accidents, Leaving the Scene · February 19, 2021
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Tried before
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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 got through a chamber.
- HF 484 Relating to motor vehicle accidents resulting in injury or death, and making penalties app…88th General Assembly · Approved by committee · nearly identicalCleared committee
Matched by wording or an identical title.