House File 2020 - Introduced HOUSE FILE 2020 BY ABDUL-SAMAD and HANSON A BILL FOR An Act relating to text messaging and the use of cellular 1 telephones by motor vehicle operators and providing a 2 penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5023HH (7) 83 dea/nh

H.F. 2020 Section 1. NEW SECTION . 321.363A Use of cellular telephones 1 and other devices restricted. 2 1. For purposes of this section, the following definitions 3 apply: 4 a. “Hands-free mode” means the use of a cellular telephone 5 by way of an internal feature or function, or an attachment 6 or addition, whether or not permanently part of the cellular 7 telephone, by which the user engages in a conversation or 8 communication without the use of either hand. 9 b. “Public safety agency” means the same as defined in 10 section 34.1. 11 c. “Text message” means a text-based electronic 12 communication transmitted using the short message service 13 (SMS), a wireless telephone service, or an electronic 14 communication network. 15 d. “Wireless handset” means a handheld portable electronic 16 or computing device capable of transmitting data in the form of 17 a text message. “Wireless handset” includes but is not limited 18 to a cellular telephone or personal digital assistant. 19 2. A person shall not operate or use a cellular telephone 20 while operating a motor vehicle on a street or highway unless 21 the cellular telephone is used in a hands-free mode. 22 3. A person shall not use a wireless handset to write, read, 23 or send a text message while operating a motor vehicle. 24 4. This section does not apply to any of the following: 25 a. A member of a public safety agency while using a cellular 26 telephone or wireless handset in the performance of the 27 member’s official duties. 28 b. The use of a cellular telephone or wireless handset 29 to call 911 or to contact law enforcement authorities or an 30 emergency response agency in an emergency situation. 31 c. The use of a cellular telephone or wireless handset when 32 the motor vehicle is at a complete stop off the roadway. 33 5. A person who violates this section commits a simple 34 misdemeanor, punishable as a scheduled violation under section 35 -1- LSB 5023HH (7) 83 dea/nh 1/ 2

H.F. 2020 805.8A, subsection 6, paragraph “e” . 1 Sec. 2. Section 805.8A, subsection 6, Code Supplement 2009, 2 is amended by adding the following new paragraph: 3 NEW PARAGRAPH . e. For violations under section 321.363A, 4 the scheduled fine is thirty dollars. 5 EXPLANATION 6 This bill prohibits a person from operating or using a 7 cellular telephone while operating a motor vehicle on a 8 street or highway unless the cellular telephone is used in a 9 hands-free mode. 10 The bill also prohibits a person from using a wireless 11 handset to write, read, or send a text message while operating 12 a motor vehicle. 13 The bill defines “hands-free mode” as the use of a cellular 14 telephone by way of an internal feature or function, or 15 an attachment or addition, by which the user engages in 16 a conversation or communication without the use of either 17 hand. “Text message” is defined as a text-based electronic 18 communication transmitted using the short message service 19 (SMS), a wireless telephone service, or an electronic 20 communication network. “Wireless handset” is defined as a 21 handheld portable electronic or computing device capable of 22 transmitting data in the form of a text message. The term 23 includes a cellular telephone or personal digital assistant. 24 The prohibition does not apply to a member of a public safety 25 agency while using a cellular telephone or wireless handset in 26 the performance of official duties. In addition, an exception 27 is allowed for emergency situations when a cellular telephone 28 or wireless handset is used by a driver to call 911 or to 29 contact law enforcement authorities or an emergency response 30 agency. The bill does not prohibit a driver from using any 31 cellular telephone or wireless handset when the motor vehicle 32 is at a complete stop off the roadway. 33 A violation of the bill is a simple misdemeanor punishable by 34 a scheduled fine of $30. 35 -2- LSB 5023HH (7) 83 dea/nh 2/ 2