S-5054

   Amend the amendment, S-5044, to Senate File 2289 as follows:
   1.  Page 2, after line 12 by inserting: 
   <Sec. ___.  Section 321.276, subsection 3, Code 2014, is amended to read as follows:
   3.  a.  Nothing in this Except as provided in this subsection, this section shall not be construed to authorize a peace officer to confiscate a portable electronic communication device from the driver or occupant of a motor vehicle.
   b.  A peace officer shall not view the contents of an electronic communication device for purposes of enforcement of this section without a search warrant obtained in accordance with chapter 808.
   c.  A peace officer may seize an electronic communication device from the driver or an occupant of a motor vehicle as evidence relating to an investigation of an accident involving the motor vehicle, but shall not view the contents of the device until a search warrant has been obtained in accordance with chapter 808.>
   2.  By renumbering as necessary.

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JACK WHITVER

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TOD R. BOWMAN