S.F. 2032 Section 1. NEW SECTION . 321.276 Text messaging while 1 driving. 2 1. For purposes of this section: 3 a. “Text message” means a text-based electronic 4 communication transmitted using the short message service 5 (SMS), a wireless telephone service, or an electronic 6 communication network. 7 b. “Wireless handset” means a handheld portable electronic 8 or computing device capable of transmitting data in the form of 9 a text message. “Wireless handset” includes but is not limited 10 to a cellular telephone or personal digital assistant. 11 2. A person shall not use a wireless handset to write, read, 12 or send a text message while operating a motor vehicle. 13 3. A person convicted of a violation of this section commits 14 a simple misdemeanor punishable as a scheduled violation under 15 section 805.8A, subsection 6, paragraph “e” . 16 Sec. 2. Section 805.8A, subsection 6, Code Supplement 2009, 17 is amended by adding the following new paragraph: 18 NEW PARAGRAPH . e. For violations under section 321.276, the 19 scheduled fine is one hundred dollars. 20 EXPLANATION 21 This bill prohibits a person from using a wireless handset 22 to write, read, or send a text message while operating a motor 23 vehicle. 24 “Text message” is defined as a text-based electronic 25 communication transmitted using the short message service 26 (SMS), a wireless telephone service, or an electronic 27 communication network. “Wireless handset” is defined as a 28 handheld portable electronic or computing device capable of 29 transmitting data in the form of a text message. The term 30 includes a cellular telephone or personal digital assistant. 31 A person who engages in text messaging while operating a 32 motor vehicle commits a simple misdemeanor punishable by a 33 scheduled fine of $100. 34 -1- LSB 5323XS (3) 83 dea/nh 1/ 1