SF 2077 (LSB 5749SS (2) 83)

SENATE FILE 2077

BY  SODDERS

A BILL FOR

An Act relating to the use of a wireless telecommunications device to write, send, or read a text-based communication while operating a motor vehicle and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.277, Code 2009, is amended to read as follows:
   321.277  Reckless driving.
   1.  Any A person who drives any vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving.
   2.  a.  A person shall not operate a motor vehicle on a highway while using a wireless telecommunications device to write, send, or read a text-based communication. 
   b.  For purposes of this subsection:
   (1)  “Wireless telecommunications device” means a cellular telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, or any other substantially similar wireless device that is readily removable from a motor vehicle and is capable of being used to write, send, or read text or data through manual input. “Wireless telecommunications device” does not include a citizens band radio, a citizens band radio hybrid, a commercial two-way radio communication device, an electronic communication device with a push-to-talk function, a global positioning system or navigation system installed in a motor vehicle, or a device or component that is permanently affixed to a motor vehicle.
   (2)  “Write, send, or read a text-based communication” means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, an instant message, or electronic mail. A person is not deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in a hands-free wireless telephone for the purpose of making a telephone call.
   c.  A person who violates this subsection commits reckless driving.
   3.  Every A person convicted of reckless driving shall be is guilty of a simple misdemeanor.
EXPLANATION
   This bill prohibits a person from operating a motor vehicle while using a wireless telecommunications device to write, send, or read a text-based communication. The act of reading, selecting, or entering a telephone number or name in a hands-free wireless telephone for the purpose of making a telephone call does not constitute a violation.
   The bill defines “wireless telecommunications device” as a cellular telephone, text-messaging device, personal digital assistant, stand-alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is capable of being used to write, send, or read text or data through manual input. The definition excludes a citizens band radio, a citizens band radio hybrid, a commercial two-way radio, an electronic device with a push-to-talk function, a global positioning system or navigation system permanently installed in a motor vehicle, and any device or component that is permanently affixed to a motor vehicle. “Write, send, or read a text-based communication” means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, an instant message, or electronic mail.
   A person who operates a motor vehicle while using a wireless telecommunications device to write, send, or read a text-based communication in violation of the bill commits reckless driving. Pursuant to current law, reckless driving is a simple misdemeanor, which is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. If a reckless driving violation results in serious injury to another person, the driver is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. If the violation results in the death of another person, the driver commits homicide by vehicle, which is a class “C” felony punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. 
   A person convicted of a class “C” felony for homicide by vehicle or a class “D” felony for serious injury by vehicle is not eligible to be admitted to bail while appealing the conviction. A person who is convicted of both homicide by vehicle and failure to stop and remain at the scene of the accident is required to serve at least seven-tenths of the maximum term of confinement.
   A person charged with homicide by vehicle is subject to driver’s license suspension, and upon conviction the person’s license is revoked. The class “C” and “D” felonies under the bill are included in the list of offenses to be considered for purposes of habitual offender status. A person who accumulates convictions for three or more specified motor vehicle operating offenses within a six-year period is considered a habitual offender and may be subject to driver’s license revocation for at least two years and not more than six years.
   Under current law, provisions relating to reckless driving apply to a motor vehicle operator on highways and elsewhere throughout the state and apply to road workers as well as motorists.