HF 2078 (LSB 5805YH (2) 88)

HOUSE FILE 2078

BY  KACENA, STAED, BRECKENRIDGE, GASKILL, BEARINGER, KURTZ, HUNTER, EHLERT, WINCKLER, DONAHUE, WILBURN, MASCHER, KURTH, and ABDUL-SAMAD

A BILL FOR

An Act relating to the use of an electronic communication device while driving, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.210, subsection 2, paragraph e, Code 2020, is amended by striking the paragraph.
    Sec. 2.  Section 321.276, subsection 1, Code 2020, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  For purposes of this section:
   a.  “Electronic communication device” means an electronic device capable of being used to compose, send, receive, or read an electronic message. “Electronic communication device” includes but is not limited to a telephone, personal digital assistant, and portable or mobile computer. “Electronic communication device” does not include a device that is physically or electronically integrated into a motor vehicle, including but not limited to an integrated global positioning system or navigation system.
   b.  “Electronic message” means a self-contained piece of digital communication, whether verbal or written, that is designed or intended to be transmitted between electronic communication devices. “Electronic message” includes but is not limited to a telephone call, video call, electronic mail, text message, instant message, and command or request to access an internet site.
    Sec. 3.  Section 321.276, subsections 2, 3, and 4, Code 2020, are amended to read as follows:
   2.  A person shall not use a hand-held an electronic communication device to write, send, or view an electronic message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway.
   a.  A person does not violate this section by using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone an electronic communication device in a hands-free mode.
   b.  The provisions of this subsection relating to writing, sending, or viewing an electronic message the use of an electronic communication device do not apply to the following persons:
   (1)  A member of a public safety agency, as defined in section 34.1, performing official duties.
   (2)  A health care professional in the course of an emergency situation.
   (3)  A person receiving safety-related information including emergency, traffic, or weather alerts using an electronic communication device for the purpose of reporting an emergency situation, including any continued communication with emergency personnel during the emergency situation.
   (4)  A person using an electronic communication device by pressing a single button to initiate or terminate a voice communication.
   3.  Nothing in this section shall be construed to authorize a peace officer to confiscate a hand-held an electronic communication device from the driver or occupant of a motor vehicle.
   4.  a.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “l”.
   b.  A violation of this section shall not be considered a moving violation for purposes of this chapter or rules adopted pursuant to this chapter.
    Sec. 4.  Section 321.555, subsection 2, Code 2020, is amended to read as follows:
   2.  Six or more of any separate and distinct offenses within a two-year period in the operation of a motor vehicle, which are required to be reported to the department by section 321.491 or chapter 321C, except equipment violations, parking violations as defined in section 321.210, violations of registration laws, violations of sections 321.445 and 321.446, violations of section 321.276, operating a vehicle with an expired license or permit, failure to appear, weights and measures violations and speeding violations of less than fifteen miles per hour over the legal speed limit.
    Sec. 5.  Section 707.6A, subsection 2, paragraph a, subparagraphs (1), (2), and (3), Code 2020, are amended by striking the subparagraphs and inserting in lieu thereof the following:
   (1)  For purposes of this paragraph “a”, a person’s use of an electronic communication device while driving a motor vehicle shall be considered prima facie evidence that the person was driving the motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.
   (2)  Subparagraph (1) does not apply to any of the following:
   (a)  A member of a public safety agency, as defined in section 34.1, performing official duties.
   (b)  A health care professional in the course of an emergency situation.
   (c)  A person using an electronic communication device for the purpose of reporting an emergency situation, including any continued communication with emergency personnel during the emergency situation.
   (d)  A person using an electronic communication device by pressing a single button to initiate or terminate a voice communication.
   (e)  A person using an electronic communication device in a hands-free mode.
   (3)  For purposes of this paragraph “a”, “electronic communication device” means the same as defined in section 321.276.
    Sec. 6.  Section 805.8A, subsection 14, paragraph l, Code 2020, is amended to read as follows:
   l.  Writing, sending, or viewing an Use of electronic message communication device while driving violations.  For violations under section 321.276, the scheduled fine is thirty dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code section 321.276 prohibits the use of hand-held electronic communication devices to write, send, or view electronic messages while driving a motor vehicle. This bill expands Code section 321.276 to prohibit any use of an electronic communication device while driving. The bill defines the terms “electronic communication device” and “electronic message”.
   The bill exempts the use of an electronic communication device in a hands-free mode, for members of a public safety agency performing official duties, for health care professionals in the course of emergency situations, for the purpose of reporting an emergency situation, or by pressing a single button to initiate or terminate a voice communication.
   The bill makes a violation of Code section 321.276 a moving violation. Under current law, a moving violation can be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status.
   The scheduled fine for a violation of Code section 321.276 remains $30. Under Code section 321.482A, if the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.
   The bill makes corresponding changes to Code section 707.6A (homicide or serious injury by vehicle) to align the provisions of that Code section related to the use of an electronic communication device while driving to the provisions of Code section 321.276 as amended by the bill.