Text: HF00395 Text: HF00397 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.232A RADAR OR OTHER SPEED-
1 2 MEASURING DEVICE DETECTORS – POSSESSION, USE, OR SALE
1 3 PROHIBITED.
1 4 1. A person commits a simple misdemeanor by doing either
1 5 of the following:
1 6 a. Operating a vehicle on a highway of this state while
1 7 using or possessing a device designed to detect emissions from
1 8 a radar, laser, or other speed-measuring device and signal the
1 9 existence of those emissions.
1 10 b. Offering for sale or selling in this state a device
1 11 designed to detect emissions from a radar, laser, or other
1 12 speed-measuring device and signal the existence of those
1 13 emissions.
1 14 2. It is an affirmative defense to a charge of violating
1 15 subsection 1 that the device, at the time of the alleged
1 16 offense, had no power source and was not readily accessible
1 17 for use by the driver or an occupant of the vehicle.
1 18 3. A device prohibited by this section may be seized as
1 19 evidence under chapter 809 and shall be disposed of or
1 20 returned to the person from whom it was seized in accordance
1 21 with section 809.5. Upon request and payment of the costs of
1 22 shipment, the seizing agency shall ship the device to an
1 23 address specified by the person from whom the device was
1 24 seized.
1 25 4. This section does not apply to the following:
1 26 a. A device designed exclusively to receive radio signals
1 27 on frequencies lawfully licensed by a state or federal agency.
1 28 b. A device used by a peace officer in the performance of
1 29 the official duties of the peace officer.
1 30 EXPLANATION
1 31 This bill prohibits the use or possession while operating a
1 32 vehicle on a highway in this state, the offer for sale, or the
1 33 sale of radar or laser detectors or similar devices designed
1 34 to detect and warn of the use of speed-measuring devices. A
1 35 violation of these provisions is a simple misdemeanor.
2 1 The bill provides that a prohibited device may be seized
2 2 for use as evidence but cannot be forfeited. Upon payment of
2 3 shipping costs, a person may have a seized device shipped to
2 4 the person.
2 5 The bill also provides that it is an affirmative defense to
2 6 a charge of violating the provisions contained in this bill
2 7 that the device had no power source at the time of the alleged
2 8 offense and was not readily accessible for use by the driver
2 9 or an occupant of the vehicle in which the device was located.
2 10 In addition, the bill exempts radios and detection devices
2 11 used by peace officers in the line of duty.
2 12 LSB 2265HH 77
2 13 mk/sc/14
Text: HF00395 Text: HF00397 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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