House
File
2021
-
Introduced
HOUSE
FILE
2021
BY
TJEPKES
A
BILL
FOR
An
Act
classifying
text
messaging
while
driving
as
reckless
1
driving
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5292YH
(2)
83
dea/nh
H.F.
2021
Section
1.
Section
321.277,
Code
2009,
is
amended
to
read
1
as
follows:
2
321.277
Reckless
driving.
3
1.
Any
A
person
who
drives
any
vehicle
in
such
manner
as
to
4
indicate
either
a
willful
or
a
wanton
disregard
for
the
safety
5
of
persons
or
property
is
guilty
of
reckless
driving.
6
2.
A
person
shall
not
use
a
wireless
handset
to
write,
read,
7
or
send
a
text
message
while
operating
a
motor
vehicle.
8
a.
For
purposes
of
this
subsection:
9
(1)
“Text
message”
means
a
text-based
electronic
10
communication
transmitted
using
the
short
message
service
11
(SMS),
a
wireless
telephone
service,
or
an
electronic
12
communication
network.
13
(2)
“Wireless
handset”
means
a
handheld
portable
electronic
14
or
computing
device
capable
of
transmitting
data
in
the
form
of
15
a
text
message.
“Wireless
handset”
includes
but
is
not
limited
16
to
a
cellular
telephone
or
personal
digital
assistant.
17
b.
A
person
who
violates
this
subsection
commits
reckless
18
driving.
19
3.
Every
A
person
convicted
of
reckless
driving
shall
20
be
is
guilty
of
a
simple
misdemeanor.
21
EXPLANATION
22
This
bill
prohibits
a
person
from
using
a
wireless
handset
23
to
write,
read,
or
send
a
text
message
while
operating
a
motor
24
vehicle.
25
“Text
message”
is
defined
as
a
text-based
electronic
26
communication
transmitted
using
the
short
message
service
27
(SMS),
a
wireless
telephone
service,
or
an
electronic
28
communication
network.
“Wireless
handset”
is
defined
as
a
29
handheld
portable
electronic
or
computing
device
capable
of
30
transmitting
data
in
the
form
of
a
text
message.
The
term
31
includes
a
cellular
telephone
or
personal
digital
assistant.
32
A
person
who
engages
in
text
messaging
while
operating
a
33
motor
vehicle
commits
reckless
driving.
Pursuant
to
current
34
law,
reckless
driving
is
a
simple
misdemeanor,
which
is
35
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2021
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
1
of
at
least
$65
but
not
more
than
$625
or
by
both.
If
a
2
reckless
driving
violation
results
in
serious
injury
to
another
3
person
the
driver
is
guilty
of
a
class
“D”
felony.
A
class
4
“D”
felony
is
punishable
by
confinement
for
no
more
than
five
5
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
6
If
the
violation
results
in
the
death
of
another
person,
the
7
driver
commits
homicide
by
vehicle,
which
is
a
class
“C”
felony
8
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
9
of
at
least
$1,000
but
not
more
than
$10,000.
10
A
person
convicted
of
a
class
“C”
felony
for
homicide
by
11
vehicle
or
a
class
“D”
felony
for
serious
injury
by
vehicle
12
is
not
eligible
to
be
admitted
to
bail
while
appealing
the
13
conviction.
A
person
who
is
convicted
of
both
homicide
by
14
vehicle
and
failure
to
stop
and
remain
at
the
scene
of
the
15
accident
is
required
to
serve
at
least
seven-tenths
of
the
16
maximum
term
of
confinement.
17
A
person
charged
with
homicide
by
vehicle
is
subject
to
18
driver’s
license
suspension,
and
upon
conviction
the
person’s
19
license
is
revoked.
The
class
“C”
and
“D”
felonies
under
the
20
bill
are
included
in
the
list
of
offenses
to
be
considered
for
21
purposes
of
habitual
offender
status.
A
person
who
accumulates
22
convictions
for
three
or
more
specified
motor
vehicle
operating
23
offenses
within
a
six-year
period
is
considered
a
habitual
24
offender
and
may
be
subject
to
driver’s
license
revocation
for
25
at
least
two
years
and
not
more
than
six
years.
26
Under
current
law,
provisions
relating
to
reckless
driving
27
apply
to
a
motor
vehicle
operator
on
highways
and
elsewhere
28
throughout
the
state
and
apply
to
road
workers
as
well
as
29
motorists.
30
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