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House File 64 - IntroducedA Bill ForAn Act 1relating to the use of an electronic device in a
2voice-activated or hands-free mode while driving, providing
3penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 2, paragraph
2a, subparagraph (2), Code 2023, is amended by striking the
3subparagraph.
4 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
5Code 2023, are amended to read as follows:
6b. The department may suspend a restricted driver’s license
7issued under this section upon receiving satisfactory evidence
8that the licensee has violated the restrictions imposed under
9paragraph “a”, subparagraph (2), subparagraph division (a).
10 The department may also suspend a restricted license issued
11under this section upon receiving a record of the person’s
12conviction for one violation and shall revoke the license upon
13receiving a record of conviction for two or more violations
14of a law of this state or a city ordinance regulating the
15operation of motor vehicles on highways, other than parking
16violations as defined in section 321.210. After revoking a
17license under this section the department shall not grant an
18application for a new license or permit until the expiration
19of one year or until the person attains the age of eighteen,
20whichever is the longer period.
21c. A person who violates the restrictions imposed under
22paragraph “a”, subparagraph (2), subparagraph division (a),
23may be issued a citation under this section and shall not be
24issued a citation under section 321.193. A violation of the
25restrictions imposed under paragraph “a”, subparagraph (2),
26subparagraph division (a), shall not be considered a moving
27violation.
28 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The department may suspend an instruction permit,
31intermediate license, or full license issued under this section
32upon receiving satisfactory evidence that the person issued
33the instruction permit, intermediate license, or full license
34violated the restrictions imposed under subsection 1, or 2, or
356 during the term of the instruction permit or intermediate
-1-1license.
2 Sec. 4. Section 321.180B, subsection 6, Code 2023, is
3amended by striking the subsection.
4 Sec. 5. Section 321.180B, subsection 7, Code 2023, is
5amended to read as follows:
67. Citations for violation of restrictions. A person who
7violates the restrictions imposed under subsection 1, or 2, or
86 may be issued a citation under this section and shall not be
9issued a citation under section 321.193. A violation of the
10restrictions imposed under subsection 1, or 2, or 6 shall not
11be considered a moving violation.
12 Sec. 6. Section 321.194, subsection 2, paragraph b,
13subparagraph (2), Code 2023, is amended by striking the
14subparagraph.
15 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
162023, is amended by striking the paragraph.
17 Sec. 8. Section 321.238, Code 2023, is amended to read as
18follows:
19321.238 Use of electronic devices while driving — preemption
20of local legislation.
21The provisions of this chapter restricting the use of
22electronic communication devices and electronic entertainment
23 devices by motor vehicle operators shall be implemented
24uniformly throughout the state. Such provisions shall preempt
25any county or municipal ordinance regarding the use of an
26electronic communication device or electronic entertainment
27 device by a motor vehicle operator. In addition, a county or
28municipality shall not adopt or continue in effect an ordinance
29regarding the use of an electronic communication device or
30electronic entertainment device by a motor vehicle operator.
31 Sec. 9. Section 321.276, subsection 1, Code 2023, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
341. For purposes of this section:
35a. “Electronic device” means a device that is powered by
-2-1electricity, including by a battery, and that is capable of
2being used to compose, send, receive, or read an electronic
3message, or that is capable of storing, retrieving on-demand,
4or displaying videos, movies, broadcast television images,
5visual images, or audio or video data files. “Electronic
6device” includes but is not limited to a telephone including
7a cellular telephone, personal digital assistant, portable
8or mobile computer including a tablet, two-way messaging
9device, electronic gaming device, and any substantially similar
10portable device that is used to initiate, store, or receive
11electronic communication, information, or data. “Electronic
12device” does not include a device that is physically or
13electronically integrated into a motor vehicle, including but
14not limited to an integrated global positioning system or
15navigation system when the destination is entered into such
16system before the vehicle is in motion.
17b. “Use” includes but is not limited to holding, viewing, or
18manipulating an electronic device.
19c. “Voice-activated or hands-free mode” means an attachment,
20accessory, application, wireless connection, or built-in
21feature of an electronic device or motor vehicle that allows
22a person to use verbal commands or a single touch to activate
23or deactivate the device or a function or software application
24of the device. “Voice-activated or hands-free mode” does not
25include accessing nonnavigation video content, engaging in a
26video call, accessing or engaging in video streaming, accessing
27gaming data, or reading an electronic message or notification.
28 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
292023, are amended to read as follows:
302. A person shall not use a hand-held and electronic
31communication device to write, send, or view an electronic
32message while driving a motor vehicle unless the motor vehicle
33is at a complete stop off the traveled portion of the roadway,
34or as far away from the center of the roadway as is practicable
35if the vehicle cannot be entirely removed from the traveled
-3-1portion of the roadway.
2a. A person does not violate this section by using a global
3positioning system or navigation system or when, for the
4purpose of engaging in a call, the person selects or enters a
5telephone number or name in a hand-held mobile telephone or
6activates, deactivates, or initiates a function of a hand-held
7mobile telephone an electronic device in a voice-activated or
8hands-free mode.
9b. The provisions of this subsection relating to writing,
10sending, or viewing an electronic message the use of an
11electronic device do not apply to the following persons:
12(1) A member of a public safety agency, as defined in
13section 34.1, performing official duties.
14(2) A health care professional in the course of an emergency
15situation.
16(3) A person receiving safety-related information including
17emergency, traffic, or weather alerts.
18(4) A person using an electronic device for the purpose
19of reporting an emergency situation, including any continued
20communication with emergency personnel during the emergency
21situation, or public transit personnel responding to a
22transit-specific situation.
23(5) A person operating an implement of husbandry.
24(6) A person using a two-way radio transmitter or receiver,
25including a citizens band radio or amateur radio equipment.
26(7) A member of a public transit system, as defined in
27section 324A.1, performing official duties while in a vehicle
28that is not in motion.
29(8) A utility maintenance employee or contractor using
30an electronic device while in a utility maintenance vehicle,
31for the purpose of providing utility services including
32but not limited to cable, electric, natural gas, telephone,
33telecommunication, water, and wastewater treatment services,
34provided the employee or contractor is acting within the scope
35of their employment or agency.
-4- 1(9) A transportation network company driver, as defined in
2section 321N.1, while engaged in a prearranged ride, as defined
3in section 321N.1, provided the vehicle is not in motion.
4(10) A person using an electronic device for the purpose of
5accessing or using a fleet management system.
63. Nothing in this section shall be construed to authorize
7a peace officer to confiscate a hand-held an electronic
8communication device from the driver or occupant of a motor
9vehicle.
104. a. A person convicted of a violation of this section
11is guilty of a simple misdemeanor punishable as a scheduled
12violation under section 805.8A, subsection 14, paragraph “l”.
13b. A violation of this section shall not be considered a
14moving violation for purposes of this chapter or and rules
15adopted pursuant to this chapter.
16c. Notwithstanding paragraphs “a” and “b”, a peace officer
17shall issue a warning memorandum in lieu of a citation to a
18person for violating this section. This paragraph is repealed
19January 1, 2024.
20 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22Notwithstanding section 321.482, a person who is convicted
23of operating a motor vehicle in violation of section 321.178,
24subsection 2, paragraph “a”, subparagraph (2), section
25321.180B, subsection 6, section 321.194, subsection 2,
26paragraph “b”, subparagraph (2), section 321.256, 321.257,
27section 321.275, subsection 4, section 321.276, 321.297,
28321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
29321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
30321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
31subsection 3, or section 321.449B, causing serious injury to
32or the death of another person may be subject to the following
33penalties in addition to the penalty provided for a scheduled
34violation in section 805.8A or any other penalty provided by
35law:
-5-1 Sec. 12. Section 321.555, subsection 2, Code 2023, is
2amended to read as follows:
32. Six or more of any separate and distinct offenses within
4a two-year period in the operation of a motor vehicle, which
5are required to be reported to the department by section
6321.491 or chapter 321C, except equipment violations, parking
7violations as defined in section 321.210, violations of
8registration laws, violations of sections 321.445 and 321.446,
9violations of section 321.276, operating a vehicle with an
10expired license or permit, failure to appear, weights and
11measures violations and speeding violations of less than
12fifteen miles per hour over the legal speed limit.
13 Sec. 13. Section 707.6A, subsection 2, paragraph a,
14subparagraphs (1), (2), and (3), Code 2023, are amended by
15striking the subparagraphs and inserting in lieu thereof the
16following:
17(1) For purposes of this paragraph “a”, a person’s use of
18an electronic device while driving a motor vehicle shall be
19considered prima facie evidence that the person was driving
20the motor vehicle in a reckless manner with willful or wanton
21disregard for the safety of persons or property, in violation
22of section 321.277.
23(2) Subparagraph (1) does not apply to any of the following:
24(a) A person using an electronic device in a voice-activated
25or hands-free mode.
26(b) A person listed in section 321.276, subsection 2,
27paragraph “b”.
28(3) For purposes of this paragraph “a”, the following
29definitions apply:
30(a) “Electronic device” means the same as defined in section
31321.276.
32(b) “Use” means the same as defined in section 321.276.
33(c) “Voice-activated or hands-free mode” means the same as
34defined in section 321.276.
35 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
-6-12023, is amended by striking the paragraph.
2 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
32023, is amended to read as follows:
4l. Writing, sending, or viewing an Use of electronic message
5 device while driving violations. For violations under section
6321.276, the scheduled fine is forty-five one hundred dollars.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10Under current law, Code section 321.276 prohibits the use of
11hand-held electronic communication devices to write, send, or
12view electronic messages while driving a motor vehicle. This
13bill expands Code section 321.276 to prohibit any use of an
14electronic device while driving. The bill defines the terms
15“electronic device”, “use”, and “voice-activated or hands-free
16mode”. The bill allows the use of an electronic device if the
17vehicle is at a complete stop off the traveled portion of the
18roadway, or as far away from the center of the roadway as is
19practicable if the vehicle cannot be entirely removed.
20The bill provides exceptions for the use of an electronic
21device in a voice-activated or hands-free mode, for members of
22a public safety agency performing official duties, for health
23care professionals in the course of emergency situations,
24for the purpose of receiving safety-related information,
25for the purpose of reporting an emergency situation, for
26persons operating an implement of husbandry, for certain radio
27operators, for members of a public transit system performing
28official duties while in a vehicle that is not in motion, for
29utility maintenance employees or contractors for the purpose of
30providing utility services, for transportation network company
31drivers engaged in a prearranged ride while the vehicle is
32not in motion, and for persons using an electronic device for
33the purpose of accessing or using a fleet management system.
34Under current law, to be considered an implement of husbandry,
35a vehicle must be manufactured, designed, or reconstructed
-7-1for agricultural purposes, exclusively used in the conduct
2of agricultural operations except for incidental uses, and
3operated at speeds of 35 miles per hour or less.
4The bill makes a violation of Code section 321.276 a moving
5violation. Under current law, a moving violation can be
6considered for purposes of administrative suspension of a
7driver’s license or to establish habitual offender status.
8However, a peace officer is required to issue a warning
9memorandum in lieu of a citation for violations that occur
10during the period between the effective date of the bill and
11January 1, 2024.
12The bill increases the scheduled fine for a violation of Code
13section 321.276 from $45 to $100. Under Code section 321.482A,
14if a person is convicted for a violation and the violation
15causes a serious injury, a court could impose an additional
16fine of $500 or suspend the person’s driver’s license for not
17more than 90 days, or both. If a person is convicted for a
18violation and the violation causes a death, a court could
19impose an additional fine of $1,000 or suspend the person’s
20driver’s license for not more than 180 days, or both. By
21operation of law, a person issued a warning memorandum under
22the bill is not subject to the enhanced penalties under Code
23section 321.482A.
24The bill makes corresponding changes to Code sections
25321.238 (preemption of local legislation) and 707.6A (homicide
26or serious injury by vehicle) to align those provisions to the
27provisions of Code section 321.276 as amended by the bill.
28The bill also makes corresponding changes to Code sections
29321.178, 321.180B, and 321.194, by striking provisions relating
30to the use of electronic communication devices while driving
31by persons under the age of 18 who are issued certain types
32of driver’s licenses, thereby making Code section 321.276 as
33amended by the bill applicable to such persons.
-8-th/ns
2voice-activated or hands-free mode while driving, providing
3penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 2, paragraph
2a, subparagraph (2), Code 2023, is amended by striking the
3subparagraph.
4 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
5Code 2023, are amended to read as follows:
6b. The department may suspend a restricted driver’s license
7issued under this section upon receiving satisfactory evidence
8that the licensee has violated the restrictions imposed under
9paragraph “a”, subparagraph (2), subparagraph division (a).
10 The department may also suspend a restricted license issued
11under this section upon receiving a record of the person’s
12conviction for one violation and shall revoke the license upon
13receiving a record of conviction for two or more violations
14of a law of this state or a city ordinance regulating the
15operation of motor vehicles on highways, other than parking
16violations as defined in section 321.210. After revoking a
17license under this section the department shall not grant an
18application for a new license or permit until the expiration
19of one year or until the person attains the age of eighteen,
20whichever is the longer period.
21c. A person who violates the restrictions imposed under
22paragraph “a”, subparagraph (2), subparagraph division (a),
23may be issued a citation under this section and shall not be
24issued a citation under section 321.193. A violation of the
25restrictions imposed under paragraph “a”, subparagraph (2),
26subparagraph division (a), shall not be considered a moving
27violation.
28 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The department may suspend an instruction permit,
31intermediate license, or full license issued under this section
32upon receiving satisfactory evidence that the person issued
33the instruction permit, intermediate license, or full license
34violated the restrictions imposed under subsection 1, or 2, or
356 during the term of the instruction permit or intermediate
-1-1license.
2 Sec. 4. Section 321.180B, subsection 6, Code 2023, is
3amended by striking the subsection.
4 Sec. 5. Section 321.180B, subsection 7, Code 2023, is
5amended to read as follows:
67. Citations for violation of restrictions. A person who
7violates the restrictions imposed under subsection 1, or 2, or
86 may be issued a citation under this section and shall not be
9issued a citation under section 321.193. A violation of the
10restrictions imposed under subsection 1, or 2, or 6 shall not
11be considered a moving violation.
12 Sec. 6. Section 321.194, subsection 2, paragraph b,
13subparagraph (2), Code 2023, is amended by striking the
14subparagraph.
15 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
162023, is amended by striking the paragraph.
17 Sec. 8. Section 321.238, Code 2023, is amended to read as
18follows:
19321.238 Use of electronic devices while driving — preemption
20of local legislation.
21The provisions of this chapter restricting the use of
22electronic communication devices and electronic entertainment
23 devices by motor vehicle operators shall be implemented
24uniformly throughout the state. Such provisions shall preempt
25any county or municipal ordinance regarding the use of an
26electronic communication device or electronic entertainment
27 device by a motor vehicle operator. In addition, a county or
28municipality shall not adopt or continue in effect an ordinance
29regarding the use of an electronic communication device or
30electronic entertainment device by a motor vehicle operator.
31 Sec. 9. Section 321.276, subsection 1, Code 2023, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
341. For purposes of this section:
35a. “Electronic device” means a device that is powered by
-2-1electricity, including by a battery, and that is capable of
2being used to compose, send, receive, or read an electronic
3message, or that is capable of storing, retrieving on-demand,
4or displaying videos, movies, broadcast television images,
5visual images, or audio or video data files. “Electronic
6device” includes but is not limited to a telephone including
7a cellular telephone, personal digital assistant, portable
8or mobile computer including a tablet, two-way messaging
9device, electronic gaming device, and any substantially similar
10portable device that is used to initiate, store, or receive
11electronic communication, information, or data. “Electronic
12device” does not include a device that is physically or
13electronically integrated into a motor vehicle, including but
14not limited to an integrated global positioning system or
15navigation system when the destination is entered into such
16system before the vehicle is in motion.
17b. “Use” includes but is not limited to holding, viewing, or
18manipulating an electronic device.
19c. “Voice-activated or hands-free mode” means an attachment,
20accessory, application, wireless connection, or built-in
21feature of an electronic device or motor vehicle that allows
22a person to use verbal commands or a single touch to activate
23or deactivate the device or a function or software application
24of the device. “Voice-activated or hands-free mode” does not
25include accessing nonnavigation video content, engaging in a
26video call, accessing or engaging in video streaming, accessing
27gaming data, or reading an electronic message or notification.
28 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
292023, are amended to read as follows:
302. A person shall not use a hand-held and electronic
31communication device to write, send, or view an electronic
32message while driving a motor vehicle unless the motor vehicle
33is at a complete stop off the traveled portion of the roadway,
34or as far away from the center of the roadway as is practicable
35if the vehicle cannot be entirely removed from the traveled
-3-1portion of the roadway.
2a. A person does not violate this section by using a global
3positioning system or navigation system or when, for the
4purpose of engaging in a call, the person selects or enters a
5telephone number or name in a hand-held mobile telephone or
6activates, deactivates, or initiates a function of a hand-held
7mobile telephone an electronic device in a voice-activated or
8hands-free mode.
9b. The provisions of this subsection relating to writing,
10sending, or viewing an electronic message the use of an
11electronic device do not apply to the following persons:
12(1) A member of a public safety agency, as defined in
13section 34.1, performing official duties.
14(2) A health care professional in the course of an emergency
15situation.
16(3) A person receiving safety-related information including
17emergency, traffic, or weather alerts.
18(4) A person using an electronic device for the purpose
19of reporting an emergency situation, including any continued
20communication with emergency personnel during the emergency
21situation, or public transit personnel responding to a
22transit-specific situation.
23(5) A person operating an implement of husbandry.
24(6) A person using a two-way radio transmitter or receiver,
25including a citizens band radio or amateur radio equipment.
26(7) A member of a public transit system, as defined in
27section 324A.1, performing official duties while in a vehicle
28that is not in motion.
29(8) A utility maintenance employee or contractor using
30an electronic device while in a utility maintenance vehicle,
31for the purpose of providing utility services including
32but not limited to cable, electric, natural gas, telephone,
33telecommunication, water, and wastewater treatment services,
34provided the employee or contractor is acting within the scope
35of their employment or agency.
-4- 1(9) A transportation network company driver, as defined in
2section 321N.1, while engaged in a prearranged ride, as defined
3in section 321N.1, provided the vehicle is not in motion.
4(10) A person using an electronic device for the purpose of
5accessing or using a fleet management system.
63. Nothing in this section shall be construed to authorize
7a peace officer to confiscate a hand-held an electronic
8communication device from the driver or occupant of a motor
9vehicle.
104. a. A person convicted of a violation of this section
11is guilty of a simple misdemeanor punishable as a scheduled
12violation under section 805.8A, subsection 14, paragraph “l”.
13b. A violation of this section shall not be considered a
14moving violation for purposes of this chapter or and rules
15adopted pursuant to this chapter.
16c. Notwithstanding paragraphs “a” and “b”, a peace officer
17shall issue a warning memorandum in lieu of a citation to a
18person for violating this section. This paragraph is repealed
19January 1, 2024.
20 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22Notwithstanding section 321.482, a person who is convicted
23of operating a motor vehicle in violation of section 321.178,
24subsection 2, paragraph “a”, subparagraph (2), section
25321.180B, subsection 6, section 321.194, subsection 2,
26paragraph “b”, subparagraph (2), section 321.256, 321.257,
27section 321.275, subsection 4, section 321.276, 321.297,
28321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
29321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
30321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
31subsection 3, or section 321.449B, causing serious injury to
32or the death of another person may be subject to the following
33penalties in addition to the penalty provided for a scheduled
34violation in section 805.8A or any other penalty provided by
35law:
-5-1 Sec. 12. Section 321.555, subsection 2, Code 2023, is
2amended to read as follows:
32. Six or more of any separate and distinct offenses within
4a two-year period in the operation of a motor vehicle, which
5are required to be reported to the department by section
6321.491 or chapter 321C, except equipment violations, parking
7violations as defined in section 321.210, violations of
8registration laws, violations of sections 321.445 and 321.446,
9violations of section 321.276, operating a vehicle with an
10expired license or permit, failure to appear, weights and
11measures violations and speeding violations of less than
12fifteen miles per hour over the legal speed limit.
13 Sec. 13. Section 707.6A, subsection 2, paragraph a,
14subparagraphs (1), (2), and (3), Code 2023, are amended by
15striking the subparagraphs and inserting in lieu thereof the
16following:
17(1) For purposes of this paragraph “a”, a person’s use of
18an electronic device while driving a motor vehicle shall be
19considered prima facie evidence that the person was driving
20the motor vehicle in a reckless manner with willful or wanton
21disregard for the safety of persons or property, in violation
22of section 321.277.
23(2) Subparagraph (1) does not apply to any of the following:
24(a) A person using an electronic device in a voice-activated
25or hands-free mode.
26(b) A person listed in section 321.276, subsection 2,
27paragraph “b”.
28(3) For purposes of this paragraph “a”, the following
29definitions apply:
30(a) “Electronic device” means the same as defined in section
31321.276.
32(b) “Use” means the same as defined in section 321.276.
33(c) “Voice-activated or hands-free mode” means the same as
34defined in section 321.276.
35 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
-6-12023, is amended by striking the paragraph.
2 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
32023, is amended to read as follows:
4l. Writing, sending, or viewing an Use of electronic message
5 device while driving violations. For violations under section
6321.276, the scheduled fine is forty-five one hundred dollars.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10Under current law, Code section 321.276 prohibits the use of
11hand-held electronic communication devices to write, send, or
12view electronic messages while driving a motor vehicle. This
13bill expands Code section 321.276 to prohibit any use of an
14electronic device while driving. The bill defines the terms
15“electronic device”, “use”, and “voice-activated or hands-free
16mode”. The bill allows the use of an electronic device if the
17vehicle is at a complete stop off the traveled portion of the
18roadway, or as far away from the center of the roadway as is
19practicable if the vehicle cannot be entirely removed.
20The bill provides exceptions for the use of an electronic
21device in a voice-activated or hands-free mode, for members of
22a public safety agency performing official duties, for health
23care professionals in the course of emergency situations,
24for the purpose of receiving safety-related information,
25for the purpose of reporting an emergency situation, for
26persons operating an implement of husbandry, for certain radio
27operators, for members of a public transit system performing
28official duties while in a vehicle that is not in motion, for
29utility maintenance employees or contractors for the purpose of
30providing utility services, for transportation network company
31drivers engaged in a prearranged ride while the vehicle is
32not in motion, and for persons using an electronic device for
33the purpose of accessing or using a fleet management system.
34Under current law, to be considered an implement of husbandry,
35a vehicle must be manufactured, designed, or reconstructed
-7-1for agricultural purposes, exclusively used in the conduct
2of agricultural operations except for incidental uses, and
3operated at speeds of 35 miles per hour or less.
4The bill makes a violation of Code section 321.276 a moving
5violation. Under current law, a moving violation can be
6considered for purposes of administrative suspension of a
7driver’s license or to establish habitual offender status.
8However, a peace officer is required to issue a warning
9memorandum in lieu of a citation for violations that occur
10during the period between the effective date of the bill and
11January 1, 2024.
12The bill increases the scheduled fine for a violation of Code
13section 321.276 from $45 to $100. Under Code section 321.482A,
14if a person is convicted for a violation and the violation
15causes a serious injury, a court could impose an additional
16fine of $500 or suspend the person’s driver’s license for not
17more than 90 days, or both. If a person is convicted for a
18violation and the violation causes a death, a court could
19impose an additional fine of $1,000 or suspend the person’s
20driver’s license for not more than 180 days, or both. By
21operation of law, a person issued a warning memorandum under
22the bill is not subject to the enhanced penalties under Code
23section 321.482A.
24The bill makes corresponding changes to Code sections
25321.238 (preemption of local legislation) and 707.6A (homicide
26or serious injury by vehicle) to align those provisions to the
27provisions of Code section 321.276 as amended by the bill.
28The bill also makes corresponding changes to Code sections
29321.178, 321.180B, and 321.194, by striking provisions relating
30to the use of electronic communication devices while driving
31by persons under the age of 18 who are issued certain types
32of driver’s licenses, thereby making Code section 321.276 as
33amended by the bill applicable to such persons.
-8-th/ns