S.F. 2248 Section 1. Section 321.178, subsection 2, paragraph 1 a, subparagraph (2), Code 2020, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 321.178, subsection 2, paragraphs b and c, 4 Code 2020, are amended to read as follows: 5 b. The department may suspend a restricted driver’s license 6 issued under this section upon receiving satisfactory evidence 7 that the licensee has violated the restrictions imposed under 8 paragraph “a” , subparagraph (2), subparagraph division (a). 9 The department may also suspend a restricted license issued 10 under this section upon receiving a record of the person’s 11 conviction for one violation and shall revoke the license upon 12 receiving a record of conviction for two or more violations 13 of a law of this state or a city ordinance regulating the 14 operation of motor vehicles on highways, other than parking 15 violations as defined in section 321.210 . After revoking a 16 license under this section the department shall not grant an 17 application for a new license or permit until the expiration 18 of one year or until the person attains the age of eighteen, 19 whichever is the longer period. 20 c. A person who violates the restrictions imposed under 21 paragraph “a” , subparagraph (2), subparagraph division (a), 22 may be issued a citation under this section and shall not be 23 issued a citation under section 321.193 . A violation of the 24 restrictions imposed under paragraph “a” , subparagraph (2), 25 subparagraph division (a), shall not be considered a moving 26 violation. 27 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code 28 2020, is amended to read as follows: 29 b. The department may suspend an instruction permit, 30 intermediate license, or full license issued under this section 31 upon receiving satisfactory evidence that the person issued 32 the instruction permit, intermediate license, or full license 33 violated the restrictions imposed under subsection 1 , or 2 , or 34 6 during the term of the instruction permit or intermediate 35 -1- LSB 5805SV (2) 88 mo/ns 1/ 7

S.F. 2248 license. 1 Sec. 4. Section 321.180B, subsection 6, Code 2020, is 2 amended by striking the subsection. 3 Sec. 5. Section 321.180B, subsection 7, Code 2020, is 4 amended to read as follows: 5 7. Citations for violation of restrictions. A person who 6 violates the restrictions imposed under subsection 1 , or 2 , or 7 6 may be issued a citation under this section and shall not be 8 issued a citation under section 321.193 . A violation of the 9 restrictions imposed under subsection 1 , or 2 , or 6 shall not 10 be considered a moving violation. 11 Sec. 6. Section 321.194, subsection 2, paragraph b, 12 subparagraph (2), Code 2020, is amended by striking the 13 subparagraph. 14 Sec. 7. Section 321.210, subsection 2, paragraph e, Code 15 2020, is amended by striking the paragraph. 16 Sec. 8. Section 321.276, subsection 1, Code 2020, is amended 17 by striking the subsection and inserting in lieu thereof the 18 following: 19 1. For purposes of this section: 20 a. “Electronic communication device” means an electronic 21 device capable of being used to compose, send, receive, or 22 read an electronic message. “Electronic communication device” 23 includes but is not limited to a telephone, personal digital 24 assistant, and portable or mobile computer. “Electronic 25 communication device” does not include a device that is 26 physically or electronically integrated into a motor vehicle, 27 including but not limited to an integrated global positioning 28 system or navigation system. 29 b. “Voice-activated or hands-free mode” means an attachment, 30 accessory, application, wireless connection, or built-in 31 feature of an electronic communication device or motor vehicle 32 that allows a person to use verbal or single-touch commands to 33 activate or deactivate the device or a function or software 34 application of the device. “Voice-activated or hands-free 35 -2- LSB 5805SV (2) 88 mo/ns 2/ 7

S.F. 2248 mode” does not include accessing nonnavigation video content, 1 engaging in a video call, accessing or engaging in video 2 streaming, accessing gaming data, or reading an electronic 3 message. 4 Sec. 9. Section 321.276, subsections 2, 3, and 4, Code 2020, 5 are amended to read as follows: 6 2. A person shall not use a hand-held an electronic 7 communication device to write, send, or view an electronic 8 message while driving a motor vehicle unless the motor vehicle 9 is at a complete stop off the traveled portion of the roadway. 10 a. A person does not violate this section by using a global 11 positioning system or navigation system or when, for the 12 purpose of engaging in a call, the person selects or enters a 13 telephone number or name in a hand-held mobile telephone or 14 activates, deactivates, or initiates a function of a hand-held 15 mobile telephone an electronic communication device in a 16 voice-activated or hands-free mode . 17 b. The provisions of this subsection relating to writing, 18 sending, or viewing an electronic message the use of an 19 electronic communication device do not apply to the following 20 persons: 21 (1) A member of a public safety agency, as defined in 22 section 34.1 , performing official duties. 23 (2) A health care professional in the course of an emergency 24 situation. 25 (3) A person receiving safety-related information including 26 emergency , traffic, or weather alerts. 27 (4) A person using an electronic communication device for 28 the purpose of reporting an emergency situation, including any 29 continued communication with emergency personnel during the 30 emergency situation. 31 (5) A person using a two-way radio transmitter or receiver 32 who is licensed with the federal communications commission in 33 amateur radio service. 34 3. Nothing in this section shall be construed to authorize 35 -3- LSB 5805SV (2) 88 mo/ns 3/ 7

S.F. 2248 a peace officer to confiscate a hand-held an electronic 1 communication device from the driver or occupant of a motor 2 vehicle. 3 4. a. A person convicted of a violation of this section 4 is guilty of a simple misdemeanor punishable as a scheduled 5 violation under section 805.8A, subsection 14 , paragraph “l” . 6 b. A violation of this section shall not be considered a 7 moving violation for purposes of this chapter or rules adopted 8 pursuant to this chapter . 9 c. Notwithstanding paragraphs “a” and “b” , a peace officer 10 shall issue a warning memorandum in lieu of a citation to a 11 person for violating this section. This paragraph is repealed 12 January 1, 2021. 13 Sec. 10. Section 321.482A, unnumbered paragraph 1, Code 14 2020, is amended to read as follows: 15 Notwithstanding section 321.482 , a person who is convicted 16 of operating a motor vehicle in violation of section 321.178, 17 subsection 2 , paragraph “a” , subparagraph (2), section 18 321.180B, subsection 6 , section 321.194, subsection 2 , 19 paragraph “b” , subparagraph (2), section 321.256 , 321.257 , 20 section 321.275, subsection 4 , section 321.276 , 321.297 , 21 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 22 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 23 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 24 subsection 3 , or section 321.449B , causing serious injury to 25 or the death of another person may be subject to the following 26 penalties in addition to the penalty provided for a scheduled 27 violation in section 805.8A or any other penalty provided by 28 law: 29 Sec. 11. Section 321.555, subsection 2, Code 2020, is 30 amended to read as follows: 31 2. Six or more of any separate and distinct offenses within 32 a two-year period in the operation of a motor vehicle, which 33 are required to be reported to the department by section 34 321.491 or chapter 321C , except equipment violations, parking 35 -4- LSB 5805SV (2) 88 mo/ns 4/ 7

S.F. 2248 violations as defined in section 321.210 , violations of 1 registration laws, violations of sections 321.445 and 321.446 , 2 violations of section 321.276 , operating a vehicle with an 3 expired license or permit, failure to appear, weights and 4 measures violations and speeding violations of less than 5 fifteen miles per hour over the legal speed limit. 6 Sec. 12. Section 707.6A, subsection 2, paragraph a, 7 subparagraphs (1), (2), and (3), Code 2020, are amended by 8 striking the subparagraphs and inserting in lieu thereof the 9 following: 10 (1) For purposes of this paragraph “a” , a person’s use of an 11 electronic communication device while driving a motor vehicle 12 shall be considered prima facie evidence that the person was 13 driving the motor vehicle in a reckless manner with willful 14 or wanton disregard for the safety of persons or property, in 15 violation of section 321.277. 16 (2) Subparagraph (1) does not apply to any of the following: 17 (a) A member of a public safety agency, as defined in 18 section 34.1, performing official duties. 19 (b) A health care professional in the course of an emergency 20 situation. 21 (c) A person receiving safety-related information including 22 emergency or weather alerts. 23 (d) A person using an electronic communication device for 24 the purpose of reporting an emergency situation, including any 25 continued communication with emergency personnel during the 26 emergency situation. 27 (e) A person using an electronic communication device in a 28 voice-activated or hands-free mode. 29 (f) A person using a two-way radio transmitter or receiver 30 who is licensed with the federal communications commission in 31 amateur radio service. 32 (3) For purposes of this paragraph “a” , the following 33 definitions apply: 34 (a) “Electronic communication device” means the same as 35 -5- LSB 5805SV (2) 88 mo/ns 5/ 7

S.F. 2248 defined in section 321.276. 1 (b) “Voice-activated or hands-free mode” means the same as 2 defined in section 321.276. 3 Sec. 13. Section 805.8A, subsection 4, paragraph c, Code 4 2020, is amended by striking the paragraph. 5 Sec. 14. Section 805.8A, subsection 14, paragraph l, Code 6 2020, is amended to read as follows: 7 l. Writing, sending, or viewing an Use of electronic message 8 communication device while driving violations. For violations 9 under section 321.276 , the scheduled fine is thirty dollars. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 Under current law, Code section 321.276 prohibits the use 14 of hand-held electronic communication devices to write, send, 15 or view electronic messages while driving a motor vehicle. 16 This bill expands Code section 321.276 to prohibit any use 17 of an electronic communication device while driving. The 18 bill defines the terms “electronic communication device” and 19 “voice-activated or hands-free mode”. 20 The bill exempts the use of an electronic communication 21 device in a voice-activated or hands-free mode, for members of 22 a public safety agency performing official duties, for health 23 care professionals in the course of emergency situations, for 24 the purpose of receiving safety-related information, for the 25 purpose of reporting an emergency situation, and for certain 26 radio operators. 27 The bill makes a violation of Code section 321.276 a moving 28 violation. Under current law, a moving violation can be 29 considered for purposes of administrative suspension of a 30 driver’s license or to establish habitual offender status. 31 However, a peace officer is required to issue a warning 32 memorandum in lieu of a citation for violations that occur 33 during the period of time between the effective date of the 34 bill and January 1, 2021. 35 -6- LSB 5805SV (2) 88 mo/ns 6/ 7

S.F. 2248 Violations of Code section 321.276 are punishable by a 1 scheduled fine of $30. Under Code section 321.482A, if the 2 violation causes a serious injury, a court could impose an 3 additional fine of $500 or suspend the person’s driver’s 4 license for not more than 90 days, or both. If the violation 5 causes a death, a court could impose an additional fine of 6 $1,000 or suspend the person’s driver’s license for not more 7 than 180 days, or both. 8 The bill makes corresponding changes to Code section 707.6A 9 (homicide or serious injury by vehicle) to align the provisions 10 of that Code section related to the use of an electronic 11 communication device while driving to the provisions of Code 12 section 321.276 as amended by the bill. The bill also makes 13 corresponding changes to Code sections 321.178, 321.180B, 14 and 321.194, by striking provisions relating to the use of 15 electronic communication devices while driving by persons 16 under the age of 18 who are issued certain types of driver’s 17 licenses, thereby making Code section 321.276 as amended by the 18 bill applicable to such persons. 19 -7- LSB 5805SV (2) 88 mo/ns 7/ 7