Iowa 2023-2024 Regular Session Status: Passed House

HF 536 — A bill for an act concerning penalties relating to drug paraphernalia and certain traffic offenses, providing penalties, and making penalties applicable.

Last action — Fiscal note.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

146 added · 217 removed

146 line(s) added, 217 removed.

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House File 536 - Introduced HOUSE FILE 536 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 301) A BILL FOR An Act concerning penalties relating to drug paraphernalia and certain traffic offenses, providing penalties, and making penalties applicable.
House File 536 - Reprinted HOUSE FILE 536 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 301) (As Amended and Passed by the House March 9, 2023) A BILL FOR An Act concerning penalties relating to drug paraphernalia and certain traffic offenses, providing penalties, and making penalties applicable.
TLSB 1961HV (1) 90 th/ns H.F.
HF 536 (2) 90 th/ns/md H.F.
Section 124.401, subsection 5, paragraph a, Code 2023, is amended to read as follows:
a.
It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter.
Any person who violates this subsection is guilty of a serious misdemeanor for a first offense.
A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor.
A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of a class “D” felony.
For purposes of this paragraph, a conviction for violating section 124.414 shall not be considered a previous conviction for violating this chapter.
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Section 124.411, subsection 3, Code 2023, is amended by adding the following new paragraph:
NEW PARAGRAPH .
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An offense under section 124.414.
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A person who violates this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8C .
A person who violates this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8C.
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HF 536 (2) 90 -1- th/ns/md 1/4 H.F.
536 a.
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If a lane change under paragraph “a” would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least LSB 1961HV (1) 90 -1- th/ns 1/6 H.F.
If a lane change under paragraph “a” would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least twenty miles per hour less than the posted speed limit if on a highway that is not part of a municipal street system, and which speed shall be less than the posted speed limit if on a part of a municipal street system, and be prepared to stop.
536 twenty miles per hour less than the posted speed limit, and be prepared to stop.
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HF 536 (2) 90 -2- th/ns/md 2/4 H.F.
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536 Sec.
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An individual applying for a driver’s license following a period of suspension or revocation pursuant to a dispositional order issued under section 232.52, subsection 2, paragraph “a”, or under section 321.180B, section 321.210, subsection 1, paragraph “a”, subparagraph (4), or section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, following a period of suspension or revocation under section 321.178 or 321.194, LSB 1961HV (1) 90 -2- th/ns 2/6 H.F.
An individual applying for a driver’s license following a period of suspension or revocation pursuant to a dispositional order issued under section 232.52, subsection 2, paragraph “a”, or under section 321.180B, section 321.210, subsection 1, paragraph “a”, subparagraph (4), or section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, following a period of suspension or revocation under section 321.178 or 321.194, or section 321.372, subsection 3, or following a period of revocation pursuant to a court order issued under section 321J.2A, is not required to maintain proof of financial responsibility under this section.
536 or section 321.372, subsection 3, or following a period of revocation pursuant to a court order issued under section 321J.2A, is not required to maintain proof of financial responsibility under this section.
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(5) One hundred thirty-five dollars plus five ten dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
(5) One hundred thirty-five dollars plus five ten dollars HF 536 (2) 90 -3- th/ns/md 3/4 H.F.
536 for each mile per hour of excessive speed over twenty miles per hour over the limit.
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NEW PARAGRAPH .
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LSB 1961HV (1) 90 -3- th/ns 3/6 H.F.
NEW SUBSECTION .
536 NEW SUBSECTION.
For violations of section 124.414, the scheduled fine is two hundred sixty dollars.
a.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
For a first violation of section 124.414, the scheduled fine is two hundred sixty dollars.
This bill concerns penalties for certain violations of Code chapters 124 (controlled substances) and 321 (motor vehicles and law of the road).
b.
Under current law, a person who knowingly or intentionally manufactures, delivers, sells, or possesses drug paraphernalia commits a simple misdemeanor.
For a second or subsequent violation of section 124.414, the scheduled fine is five hundred twenty dollars.
A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
HF 536 (2) 90 -4- th/ns/md 4/4
The bill instead makes the violation a simple misdemeanor punishable as a scheduled violation resulting in a fine of $260.
The bill provides that (1) exceeding the posted speed limit by 35 miles per hour (MPH) or more or (2) overtaking and passing another vehicle when approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed for a distance of approximately 700 feet, in violation of Code section 321.304(1), is prima facie evidence of reckless driving.
A person convicted of reckless driving is guilty of a simple misdemeanor.
By operation of law, a person who commits reckless driving, including as described in the bill, commits a class “C” felony if the person unintentionally causes the death of another.
A person who commits reckless driving and unintentionally causes a serious injury commits a class “D” felony.
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.
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.
Under current law, Code section 321.323A requires the operator of a motor vehicle approaching a stationary authorized LSB 1961HV (1) 90 -4- th/ns 4/6 H.F.
536 emergency vehicle, towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, highway maintenance vehicle, construction vehicle, or solid waste or recycling collection service vehicle that is displaying flashing lights to approach the vehicle with due caution and make a lane change into a lane not adjacent to the vehicle if possible in the existing safety and traffic conditions, or if a lane change would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed must be less than the posted speed limit, and be prepared to stop.
The bill applies these requirements when approaching slow-moving (15 MPH or less) vehicles described in the bill and requires the operator of a motor vehicle to reduce the speed of the motor vehicle to a speed at least 20 MPH less than the posted speed limit if the operator does not change lanes.
The bill makes organizational changes to Code section 321.323A and its corresponding penalty provisions.
A violation of Code section 321.323A is a simple misdemeanor punishable by a scheduled fine of $135.
By operation of law, a person convicted of a violation of Code section 321.323A which resulted in an accident causing bodily injury to or the death of another person 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 (DOT) is required to suspend the driver’s license of a person who is convicted of violating Code section 321.323A for 90 days if the violation caused damage to the property of another person;
180 days if the violation caused bodily injury to another person;
and one year if the violation caused death.
Under current law, the DOT is authorized to establish rules for the suspension of the driver’s license of an operator who committed a serious violation of the motor vehicle laws of this state (Code section 321.210(1)(a)(6)).
Pursuant to LSB 1961HV (1) 90 -5- th/ns 5/6 H.F.
536 rules adopted by the DOT, a person who fails to reduce the vehicle’s speed or stop the vehicle when meeting a school bus discharging pupils, or slowing to be ready to discharge pupils, commits a serious violation (Code section 321.372(3) and 761 IAC 615.17(d)).
A person whose license is suspended or revoked by the DOT following a conviction or a forfeiture of bail is required to give proof of financial responsibility (SR-22) with respect to all motor vehicles registered by the person (Code section 321A.17 and 761 IAC 640.6).
The bill provides an exception for persons who violate Code section 321.372(3).
The bill reduces the scheduled fine for a violation of Code section 321.438 (windshields and windows) from $70 to $35.
The bill increases from $5 to $10 the fine for violating a posted speed limit for each MPH over 20 MPH in excess of the limit.
The bill makes a violation of Code section 321.285 (speed restrictions) that does not involve driving a motor vehicle on a highway in excess of a posted speed limit punishable by a scheduled fine of $135.
Such violations include a failure to drive at a careful and prudent speed not greater than nor less than is reasonable and proper, with due regard to the traffic, surface, and width of the highway and of any other conditions then existing, and a failure to drive any vehicle upon a highway at a speed greater than will permit the person to bring the vehicle to a stop within the assured clear distance.
The bill reduces the scheduled fine for a violation under Code section 321.445 (safety belts and safety harnesses —— use required) from $70 to $50.
LSB 1961HV (1) 90 -6- th/ns 6/6
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Amendments

1 amendment

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Action History

  1. Fiscal note.

  2. Subcommittee: Dawson, Bisignano, and Zaun.

  3. Referred to Judiciary.

  4. Read first time, passed on file.

  5. Message from House.

  6. Immediate message.

  7. Passed House, yeas 96, nays 0.

  8. Amendment H-1072 adopted.

  9. Fiscal note.

  10. Amendment H-1072 filed.

  11. Introduced, placed on calendar.

Sponsors

  • COMMITTEE ON PUBLIC SAFETY · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON PUBLIC SAFETY

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare transportation
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Frequently asked questions

Who sponsors HF 536?
HF 536 is sponsored by COMMITTEE ON PUBLIC SAFETY.
What is the current status of HF 536?
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HF 536?
Track HF 536 free on One Click Politics — get push/email alerts when it moves.

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