Bills › 91st General Assembly
Related to eluding, including aggravated eluding and fresh pursuit, and providing penalties
Sponsored by Sen. Mark S. Lofgren (R)
Where it is now
- Done: IntroducedJanuary 12, 2026
- Done: SubcommitteeJanuary 14, 2026
- Done: Senate committeeFebruary 3, 2026
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: House committeeFunnel: by March 20, 2026
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, 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 who knowingly cross state lines to escape a police officer would be charged with a felony. Iowa police officers would also be allowed to continue chasing and arrest these drivers even after they enter another state.1
Read the official explanation
This bill relates to eluding, including aggravated eluding and fresh pursuit. The bill provides that the driver of a motor vehicle commits aggravated eluding if the driver, while being pursued by a peace officer within the state, knowingly crosses the state border into another state without yielding to the pursuing peace officer. Aggravated eluding is 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. The bill provides that a peace officer of this state who is in fresh pursuit of a driver of a motor vehicle believed to be committing, or having committed, eluding or aggravated eluding may continue the pursuit of the driver into another state and may arrest the driver in that state, subject to the laws of the state in which the arrest occurs. Fresh pursuit does not require immediate or continuous visual contact but requires pursuit without unreasonable delay. An arrest made in another state shall be reported promptly to the appropriate authorities of the state in which the arrest occurs, and the driver arrested shall be subject to extradition under Code chapter 820.
Senate subcommittee
Named January 14, 2026. On January 21, 2026 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 $18,100 Compare with other bills
AI summary This bill makes it a Class D felony for a driver to knowingly cross state lines to elude a peace officer and allows officers to continue pursuits and make arrests in other states. The fiscal impact on the state's General Fund, including costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, cannot be determined because the number of new convictions cannot be estimated.3
Read the fiscal note
Description
Senate File 2035 relates to eluding, including aggravated eluding and fresh pursuit. Under the Bill, a driver commits aggravated eluding if the driver, while being pursued by a peace officer within the State, knowingly crosses the state border into another state without yielding to the pursuing peace officer. Aggravated eluding is a Class D felony.
The Bill allows an Iowa peace officer in fresh pursuit of a driver believed to be committing, or having committed, eluding or aggravated eluding to continue the pursuit of the driver into another state and to arrest the driver in that state, subject to the laws of the state in which the arrest occurs. The driver arrested shall be subject to extradition under Iowa Code chapter 820.
Background
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245.
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.
- County jail data is unavailable. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
- Conviction data reflects the total number of convictions in adult court, which may include multiple convictions per individual. Not all convictions lead to incarceration, and there may be a delay between conviction and prison admission, which can contribute to differences in totals.
- A six-month delay is assumed from the effective date of the Bill to the date the first offender will enter the correctional system.
- Offender-based convictions are a count of individuals convicted of the same offense. Each offender is counted only once per Iowa Code section, regardless of the number of individual convictions.
- Admissions are a count of individuals newly admitted to the Department of Corrections (DOC) for supervision during a selected time period, based on the most serious offense committed.
Correctional Impact
The correctional impact of the Bill cannot be determined because the number of new convictions cannot be estimated. Figure 1 shows sentencing estimates to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for a Class D felony. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 12, 2026, for information related to the correctional system.
Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months
Conviction Offense Class
Percent
Ordered to
State
Prison
FY 2025 Avg
LOS in
Prison (All Releases)
Marginal
Cost Per
Day
Prison
Percent
Ordered to
Probation
FY 2025
Field Avg
LOS on
Probation
Avg Cost
Per Day
Probation
Marginal
Cost Per
Day CBC
Marginal
Cost Per
Day Jail
FY 2025
Field Avg
LOS on
Parole
Marginal
Cost Per
Day Parole
D Felony Non-Persons 84.2% 12.5 $23.07 69.4% 41.4 $8.00 $16.35 $50.00 15.5 $8.00
Minority Impact
The minority impact cannot be determined since it is not known how many new convictions would result from the changes under the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 12, 2026, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact cannot be determined because the number of new convictions cannot be estimated. The average State cost per offense for a Class D felony is between $13,000 and $18,100. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- Department of Corrections
- Division of Data, Planning, and Improvement (DPI), Department of Management (DOM)
- State Public Defender
- Aggravated Eluding · March 2, 2026 · $18,100
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- HF 2139 Related to eluding, including aggravated eluding and fresh pursuit, and providing penaltie…91st General Assembly · Subcommittee recommends passageNearly identical
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