House File 2119 - Introduced HOUSE FILE 2119 BY A. MEYER A BILL FOR An Act relating to the use of an electronic communication 1 device in a voice-activated or hands-free mode while 2 driving, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5086YH (10) 88 mo/ns

H.F. 2119 Section 1. Section 321.210, subsection 2, paragraph e, Code 1 2020, is amended by striking the paragraph. 2 Sec. 2. Section 321.276, subsection 1, Code 2020, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 1. For purposes of this section: 6 a. “Electronic communication device” means an electronic 7 device capable of being used to compose, send, receive, or 8 read an electronic message. “Electronic communication device” 9 includes but is not limited to a telephone, personal digital 10 assistant, and portable or mobile computer. 11 b. “Voice-activated or hands-free mode” means an attachment, 12 accessory, application, wireless connection, or built-in 13 feature of an electronic communication device or motor vehicle 14 that allows a person to use verbal or single-touch commands to 15 activate or deactivate the device or a function or software 16 application of the device. “Voice-activated or hands-free 17 mode” does not include accessing nonnavigation video content, 18 engaging in a video call, accessing or engaging in video 19 streaming, accessing gaming data, or reading an electronic 20 message. 21 Sec. 3. Section 321.276, subsections 2, 3, and 4, Code 2020, 22 are amended to read as follows: 23 2. A person shall not use a hand-held an electronic 24 communication device to write, send, or view an electronic 25 message while driving a motor vehicle unless the motor vehicle 26 is at a complete stop off the traveled portion of the roadway. 27 a. A person does not violate this section by using a global 28 positioning system or navigation system or when, for the 29 purpose of engaging in a call, the person selects or enters a 30 telephone number or name in a hand-held mobile telephone or 31 activates, deactivates, or initiates a function of a hand-held 32 mobile telephone an electronic communication device in a 33 voice-activated or hands-free mode . 34 b. The provisions of this subsection relating to writing, 35 -1- LSB 5086YH (10) 88 mo/ns 1/ 5

H.F. 2119 sending, or viewing an electronic message the use of an 1 electronic communication device do not apply to the following 2 persons: 3 (1) A member of a public safety agency, as defined in 4 section 34.1 , performing official duties. 5 (2) A health care professional in the course of an emergency 6 situation. 7 (3) A person receiving safety-related information including 8 emergency , traffic, or weather alerts. 9 (4) A person using an electronic communication device for 10 the purpose of reporting an emergency situation, including any 11 continued communication with emergency personnel during the 12 emergency situation. 13 3. Nothing in this section shall be construed to authorize 14 a peace officer to confiscate a hand-held an electronic 15 communication device from the driver or occupant of a motor 16 vehicle. 17 4. a. A person convicted of a violation of this section 18 is guilty of a simple misdemeanor punishable as a scheduled 19 violation under section 805.8A, subsection 14 , paragraph “l” . 20 b. A violation of this section shall not be considered a 21 moving violation for purposes of this chapter or rules adopted 22 pursuant to this chapter . 23 c. Notwithstanding paragraphs “a” and “b” , a peace officer 24 shall issue a warning memorandum in lieu of a citation to a 25 person for violating this section. This paragraph is repealed 26 January 1, 2021. 27 Sec. 4. Section 321.555, subsection 2, Code 2020, is amended 28 to read as follows: 29 2. Six or more of any separate and distinct offenses within 30 a two-year period in the operation of a motor vehicle, which 31 are required to be reported to the department by section 32 321.491 or chapter 321C , except equipment violations, parking 33 violations as defined in section 321.210 , violations of 34 registration laws, violations of sections 321.445 and 321.446 , 35 -2- LSB 5086YH (10) 88 mo/ns 2/ 5

H.F. 2119 violations of section 321.276 , operating a vehicle with an 1 expired license or permit, failure to appear, weights and 2 measures violations and speeding violations of less than 3 fifteen miles per hour over the legal speed limit. 4 Sec. 5. Section 707.6A, subsection 2, paragraph a, 5 subparagraphs (1), (2), and (3), Code 2020, are amended by 6 striking the subparagraphs and inserting in lieu thereof the 7 following: 8 (1) For purposes of this paragraph “a” , a person’s use of an 9 electronic communication device while driving a motor vehicle 10 shall be considered prima facie evidence that the person was 11 driving the motor vehicle in a reckless manner with willful 12 or wanton disregard for the safety of persons or property, in 13 violation of section 321.277. 14 (2) Subparagraph (1) does not apply to any of the following: 15 (a) A member of a public safety agency, as defined in 16 section 34.1, performing official duties. 17 (b) A health care professional in the course of an emergency 18 situation. 19 (c) A person receiving safety-related information including 20 emergency or weather alerts. 21 (d) A person using an electronic communication device for 22 the purpose of reporting an emergency situation, including any 23 continued communication with emergency personnel during the 24 emergency situation. 25 (e) A person using an electronic communication device in a 26 voice-activated or hands-free mode. 27 (3) For purposes of this paragraph “a” , the following 28 definitions apply: 29 (a) “Electronic communication device” means the same as 30 defined in section 321.276. 31 (b) “Voice-activated or hands-free mode” means the same as 32 defined in section 321.276. 33 Sec. 6. Section 805.8A, subsection 14, paragraph l, Code 34 2020, is amended to read as follows: 35 -3- LSB 5086YH (10) 88 mo/ns 3/ 5

H.F. 2119 l. Writing, sending, or viewing an Use of electronic message 1 communication device while driving violations. For violations 2 under section 321.276 , the scheduled fine is thirty one hundred 3 dollars. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Under current law, Code section 321.276 prohibits the use 8 of hand-held electronic communication devices to write, send, 9 or view electronic messages while driving a motor vehicle. 10 This bill expands Code section 321.276 to prohibit any use 11 of an electronic communication device while driving. The 12 bill defines the terms “electronic communication device” and 13 “voice-activated or hands-free mode”. 14 The bill exempts the use of an electronic communication 15 device in a voice-activated or hands-free mode, for members of 16 a public safety agency performing official duties, for health 17 care professionals in the course of emergency situations, for 18 the purpose of receiving safety-related information, or for the 19 purpose of reporting an emergency situation. 20 The bill makes a violation of Code section 321.276 a moving 21 violation. Under current law, a moving violation can be 22 considered for purposes of administrative suspension of a 23 driver’s license or to establish habitual offender status. 24 However, a peace officer is required to issue a warning 25 memorandum in lieu of a citation for violations that occur 26 during the period of time between the effective date of the 27 bill and January 1, 2021. 28 The bill increases the scheduled fine for a violation of Code 29 section 321.276 from $30 to $100. Under Code section 321.482A, 30 if the violation causes a serious injury, a court could impose 31 an additional fine of $500 or suspend the person’s driver’s 32 license for not more than 90 days, or both. If the violation 33 causes a death, a court could impose an additional fine of 34 $1,000 or suspend the person’s driver’s license for not more 35 -4- LSB 5086YH (10) 88 mo/ns 4/ 5

H.F. 2119 than 180 days, or both. 1 The bill makes corresponding changes to Code section 707.6A 2 (homicide or serious injury by vehicle) to align the provisions 3 of that Code section related to the use of an electronic 4 communication device while driving to the provisions of Code 5 section 321.276 as amended by the bill. 6 -5- LSB 5086YH (10) 88 mo/ns 5/ 5