HF 2020 (LSB 5023HH (7) 83)

HOUSE FILE 2020

BY  ABDUL-SAMAD and HANSON

A BILL FOR

An Act relating to text messaging and the use of cellular telephones by motor vehicle operators and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.363A  Use of cellular telephones and other devices restricted.
   1.  For purposes of this section, the following definitions apply:
   a.  “Hands-free mode” means the use of a cellular telephone by way of an internal feature or function, or an attachment or addition, whether or not permanently part of the cellular telephone, by which the user engages in a conversation or communication without the use of either hand.
   b.  “Public safety agency” means the same as defined in section 34.1.
   c.  “Text message” means a text-based electronic communication transmitted using the short message service (SMS), a wireless telephone service, or an electronic communication network.
   d.  “Wireless handset” means a handheld portable electronic or computing device capable of transmitting data in the form of a text message. “Wireless handset” includes but is not limited to a cellular telephone or personal digital assistant.
   2.  A person shall not operate or use a cellular telephone while operating a motor vehicle on a street or highway unless the cellular telephone is used in a hands-free mode.
   3.  A person shall not use a wireless handset to write, read, or send a text message while operating a motor vehicle.
   4.  This section does not apply to any of the following:
   a.  A member of a public safety agency while using a cellular telephone or wireless handset in the performance of the member’s official duties.
   b.  The use of a cellular telephone or wireless handset to call 911 or to contact law enforcement authorities or an emergency response agency in an emergency situation.
   c.  The use of a cellular telephone or wireless handset when the motor vehicle is at a complete stop off the roadway.
   5.  A person who violates this section commits a simple misdemeanor, punishable as a scheduled violation under section 805.8A, subsection 6, paragraph “e”.
    Sec. 2.  Section 805.8A, subsection 6, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  For violations under section 321.363A, the scheduled fine is thirty dollars.
EXPLANATION
   This bill prohibits a person from operating or using a cellular telephone while operating a motor vehicle on a street or highway unless the cellular telephone is used in a hands-free mode.
   The bill also prohibits a person from using a wireless handset to write, read, or send a text message while operating a motor vehicle.
   The bill defines “hands-free mode” as the use of a cellular telephone by way of an internal feature or function, or an attachment or addition, by which the user engages in a conversation or communication without the use of either hand. “Text message” is defined as a text-based electronic communication transmitted using the short message service (SMS), a wireless telephone service, or an electronic communication network. “Wireless handset” is defined as a handheld portable electronic or computing device capable of transmitting data in the form of a text message. The term includes a cellular telephone or personal digital assistant.
   The prohibition does not apply to a member of a public safety agency while using a cellular telephone or wireless handset in the performance of official duties. In addition, an exception is allowed for emergency situations when a cellular telephone or wireless handset is used by a driver to call 911 or to contact law enforcement authorities or an emergency response agency. The bill does not prohibit a driver from using any cellular telephone or wireless handset when the motor vehicle is at a complete stop off the roadway.
   A violation of the bill is a simple misdemeanor punishable by a scheduled fine of $30.