Senate File 2077 - Introduced SENATE FILE 2077 BY SODDERS A BILL FOR An Act relating to the use of a wireless telecommunications 1 device to write, send, or read a text-based communication 2 while operating a motor vehicle and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5749SS (2) 83 dea/nh

S.F. 2077 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. A person shall not operate a motor vehicle on a 7 highway while using a wireless telecommunications device to 8 write, send, or read a text-based communication. 9 b. For purposes of this subsection: 10 (1) “Wireless telecommunications device” means a cellular 11 telephone, a text-messaging device, a personal digital 12 assistant, a stand-alone computer, or any other substantially 13 similar wireless device that is readily removable from a motor 14 vehicle and is capable of being used to write, send, or read 15 text or data through manual input. “Wireless telecommunications 16 device” does not include a citizens band radio, a citizens 17 band radio hybrid, a commercial two-way radio communication 18 device, an electronic communication device with a push-to-talk 19 function, a global positioning system or navigation system 20 installed in a motor vehicle, or a device or component that is 21 permanently affixed to a motor vehicle. 22 (2) “Write, send, or read a text-based communication” means 23 using a wireless telecommunications device to manually 24 communicate with any person by using a text-based communication 25 referred to as a text message, an instant message, or 26 electronic mail. A person is not deemed to be writing, 27 reading, or sending a text-based communication if the person 28 reads, selects, or enters a telephone number or name in a 29 hands-free wireless telephone for the purpose of making a 30 telephone call. 31 c. A person who violates this subsection commits reckless 32 driving. 33 3. Every A person convicted of reckless driving shall 34 be is guilty of a simple misdemeanor. 35 -1- LSB 5749SS (2) 83 dea/nh 1/ 3

S.F. 2077 EXPLANATION 1 This bill prohibits a person from operating a motor 2 vehicle while using a wireless telecommunications device to 3 write, send, or read a text-based communication. The act of 4 reading, selecting, or entering a telephone number or name in 5 a hands-free wireless telephone for the purpose of making a 6 telephone call does not constitute a violation. 7 The bill defines “wireless telecommunications device” as a 8 cellular telephone, text-messaging device, personal digital 9 assistant, stand-alone computer, or any other substantially 10 similar wireless device that is readily removable from the 11 vehicle and is capable of being used to write, send, or read 12 text or data through manual input. The definition excludes a 13 citizens band radio, a citizens band radio hybrid, a commercial 14 two-way radio, an electronic device with a push-to-talk 15 function, a global positioning system or navigation system 16 permanently installed in a motor vehicle, and any device or 17 component that is permanently affixed to a motor vehicle. 18 “Write, send, or read a text-based communication” means using a 19 wireless telecommunications device to manually communicate with 20 any person by using a text-based communication referred to as a 21 text message, an instant message, or electronic mail. 22 A person who operates a motor vehicle while using a wireless 23 telecommunications device to write, send, or read a text-based 24 communication in violation of the bill commits reckless 25 driving. Pursuant to current law, reckless driving is a simple 26 misdemeanor, which is punishable by confinement for no more 27 than 30 days or a fine of at least $65 but not more than $625 or 28 by both. If a reckless driving violation results in serious 29 injury to another person, the driver is guilty of a class “D” 30 felony. A class “D” felony is punishable by confinement for no 31 more than five years and a fine of at least $750 but not more 32 than $7,500. If the violation results in the death of another 33 person, the driver commits homicide by vehicle, which is a 34 class “C” felony punishable by confinement for no more than 10 35 -2- LSB 5749SS (2) 83 dea/nh 2/ 3

S.F. 2077 years and a fine of at least $1,000 but not more than $10,000. 1 A person convicted of a class “C” felony for homicide by 2 vehicle or a class “D” felony for serious injury by vehicle 3 is not eligible to be admitted to bail while appealing the 4 conviction. A person who is convicted of both homicide by 5 vehicle and failure to stop and remain at the scene of the 6 accident is required to serve at least seven-tenths of the 7 maximum term of confinement. 8 A person charged with homicide by vehicle is subject to 9 driver’s license suspension, and upon conviction the person’s 10 license is revoked. The class “C” and “D” felonies under the 11 bill are included in the list of offenses to be considered for 12 purposes of habitual offender status. A person who accumulates 13 convictions for three or more specified motor vehicle operating 14 offenses within a six-year period is considered a habitual 15 offender and may be subject to driver’s license revocation for 16 at least two years and not more than six years. 17 Under current law, provisions relating to reckless driving 18 apply to a motor vehicle operator on highways and elsewhere 19 throughout the state and apply to road workers as well as 20 motorists. 21 -3- LSB 5749SS (2) 83 dea/nh 3/ 3