Senate File 2056 - Introduced SENATE FILE 2056 BY APPEL , DEARDEN , HATCH , HOGG , QUIRMBACH , JOCHUM , BLACK , McCOY , COURTNEY , KIBBIE , GRONSTAL , DANDEKAR , SODDERS , STEWART , BEALL , and FRAISE A BILL FOR An Act concerning the operation of a motor vehicle while using 1 an electronic communication device to write, read, or send 2 an electronic message, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5084XS (3) 83 dea/nh

S.F. 2056 Section 1. NEW SECTION . 321.277B Electronic communication 1 devices. 2 1. Definitions. As used in this section, unless the context 3 otherwise requires: 4 a. “Electronic communication device” means an electronic 5 device, including but not limited to a wireless telephone, 6 a personal digital assistant, or a portable or mobile 7 computer, capable of being used for the purpose of writing, 8 reading, or sending an electronic message. “Electronic 9 communication device” does not include a global positioning 10 system or navigation system or a device that is physically or 11 electronically integrated into a motor vehicle. 12 b. “Electronic message” means a self-contained digital 13 communication that is designed or intended to be transmitted 14 between physical devices. “Electronic message” includes but 15 is not limited to electronic mail, a text message, an instant 16 message, or a command or request to access an internet site. 17 2. Prohibition. A person shall not operate a motor vehicle 18 on a roadway while using an electronic communication device to 19 write, read, or send an electronic message. 20 3. Exceptions. This section does not apply to the following 21 persons in the following circumstances: 22 a. A peace officer in the performance of the peace officer’s 23 official duties. 24 b. The operator of an authorized emergency vehicle in 25 the performance of the emergency vehicle operator’s official 26 duties. 27 c. A motor vehicle operator using an electronic 28 communication device for the sole purpose of reporting an 29 emergency situation to law enforcement authorities or an 30 emergency response agency and for continued communication with 31 emergency personnel during the emergency situation. 32 d. A motor vehicle operator using an electronic 33 communication device in hands-free or voice-activated mode to 34 send or receive a voice communication. 35 -1- LSB 5084XS (3) 83 dea/nh 1/ 4

S.F. 2056 e. A commercial motor vehicle operator reading a message 1 displayed on a permanently installed communication device 2 designed for a commercial motor vehicle, with a screen that is 3 no larger than ten inches in height and ten inches in width. 4 f. A motor vehicle operator using an electronic 5 communication device when the motor vehicle is stopped due to 6 the obstruction of normal traffic and the transmission of the 7 motor vehicle is in neutral or park. 8 g. A motor vehicle operator using an electronic 9 communication device when the motor vehicle is at a complete 10 stop off the roadway. 11 4. Penalty. A person convicted of a violation of this 12 section is guilty of a simple misdemeanor punishable as 13 a scheduled violation under section 805.8A, subsection 6, 14 paragraph “e” . 15 Sec. 2. Section 707.6A, subsection 2, Code 2009, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . c. Operating a motor vehicle while using 18 an electronic communication device in violation of section 19 321.277B. 20 Sec. 3. Section 805.8A, subsection 6, Code Supplement 2009, 21 is amended by adding the following new paragraph: 22 NEW PARAGRAPH . e. For a violation under section 321.277B, 23 the scheduled fine is one hundred dollars. 24 EXPLANATION 25 This bill prohibits a person from using an electronic 26 communication device to write, read, or send an electronic 27 message while operating a motor vehicle on the roadway. 28 The bill defines the term “electronic communication device” 29 as an electronic device capable of being used to write, read, 30 or send an electronic message. The term includes a wireless 31 telephone, a personal digital assistant, and a portable or 32 mobile computer, but does not include a global positioning 33 system or navigation system or a device that is physically 34 or electronically integrated into a motor vehicle. The bill 35 -2- LSB 5084XS (3) 83 dea/nh 2/ 4

S.F. 2056 defines “electronic message” as a self-contained digital 1 communication that is designed or intended to be transmitted 2 between physical devices. The term includes electronic mail, a 3 text message, an instant message, or a command or request to 4 access an internet site. 5 The following persons and situations are exempt from the 6 prohibition: a peace officer or emergency vehicle operator 7 using an electronic communication device in the performance 8 of official duties; a motor vehicle operator reporting 9 an emergency situation to law enforcement authorities or 10 an emergency response agency and continuing communication 11 during the emergency situation; a motor vehicle operator 12 using an electronic communication device in hands-free or 13 voice-activated mode to send or receive a voice communication; 14 a commercial motor vehicle operator reading a message displayed 15 on a permanently installed communication device no larger than 16 10 inches by 10 inches and designed for a commercial vehicle; 17 and a motor vehicle operator using an electronic communication 18 device when the vehicle is stopped on the roadway, with the 19 transmission in neutral or park, due to the obstruction of 20 normal traffic or when the motor vehicle is at a complete stop 21 off the roadway. 22 The bill provides several penalties, depending on the 23 consequences of the violation. For the basic offense, a person 24 convicted of a violation is guilty of a simple misdemeanor, 25 punishable by a scheduled fine of $100. 26 If the violation causes serious injury to another person, 27 the offense is considered serious injury by vehicle, which 28 is a class “D” felony. A class “D” felony is punishable by 29 confinement for no more than five years and a fine of at least 30 $750 but not more than $7,500. 31 If the violation results in the unintended death of another 32 person, the offense is considered homicide by vehicle, 33 punishable as a class “C” felony. A class “C” felony is 34 punishable by confinement for no more than 10 years and a fine 35 -3- LSB 5084XS (3) 83 dea/nh 3/ 4