Senate
File
444
H-1300
Amend
Senate
File
444,
as
passed
by
the
Senate,
as
follows:
1
1.
By
striking
page
1,
line
9,
through
page
2,
line
9,
and
2
inserting:
3
<
(1)
For
the
purposes
of
this
paragraph
“a”
,
a
person’s
use
4
of
a
hand-held
electronic
communication
device
to
write,
send,
5
or
view
an
electronic
message
while
driving
a
motor
vehicle
6
shall
be
considered
prima
facie
evidence
that
the
person
was
7
driving
the
motor
vehicle
in
a
reckless
manner
with
willful
8
or
wanton
disregard
for
the
safety
of
persons
or
property,
in
9
violation
of
section
321.277.
10
(2)
Subparagraph
(1)
shall
not
apply
to
any
of
the
11
following:
12
(a)
A
member
of
a
public
safety
agency,
as
defined
in
13
section
34.1,
performing
official
duties.
14
(b)
A
health
care
professional
in
the
course
of
an
emergency
15
situation.
16
(c)
A
person
receiving
safety-related
information
including
17
emergency,
traffic,
or
weather
alerts.
18
(3)
For
the
purposes
of
this
paragraph
“a”
,
the
following
19
definitions
apply:
20
(a)
“Hand-held
electronic
communication
device”
means
a
21
mobile
telephone
or
other
portable
electronic
communication
22
device
capable
of
being
used
to
write,
send,
or
view
an
23
electronic
message.
“Hand-held
electronic
communication
device”
24
does
not
include
a
voice-operated
or
hands-free
device
which
25
allows
the
user
to
write,
send,
or
view
an
electronic
message
26
without
the
use
of
either
hand
except
to
activate
or
deactivate
27
a
feature
or
function.
“Hand-held
electronic
communication
28
device”
does
not
include
a
wireless
communication
device
used
to
29
transmit
or
receive
data
as
part
of
a
digital
dispatch
system.
30
“Hand-held
electronic
communication
device”
includes
a
device
31
which
is
temporarily
mounted
inside
the
motor
vehicle,
unless
32
the
device
is
a
voice-operated
or
hands-free
device.
33
(b)
“Electronic
message”
includes
images
visible
on
the
34
screen
of
a
hand-held
electronic
communication
device
including
35
-1-
SF444.2075
(2)
87
ns/nh
1/
2
#1.
a
text-based
message,
an
instant
message,
a
portion
of
1
electronic
mail,
an
internet
site,
a
social
media
application,
2
or
a
game.
3
(c)
The
terms
“write”
,
“send”
,
and
“view”
,
with
respect
to
4
an
electronic
message,
mean
the
manual
entry,
transmission,
5
or
retrieval
of
an
electronic
message,
and
include
playing,
6
browsing,
or
accessing
an
electronic
message.
7
______________________________
NUNN
of
Polk
-2-
SF444.2075
(2)
87
ns/nh
2/
2