S.F. _____ Section 1. Section 321.228, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. The provisions of sections 321.261 to 321.273, and 3 sections 321.277 , 321.277B, and 321.280 shall apply upon 4 highways and elsewhere throughout the state. 5 Sec. 2. Section 321.233, Code Supplement 2009, is amended 6 to read as follows: 7 321.233 Road workers exempted. 8 This chapter, except sections 321.277 , 321.277B, and 9 321.280, does not apply to persons and motor vehicles and other 10 equipment while actually engaged in work upon the surface of 11 a highway officially closed to traffic but does apply to such 12 persons and vehicles when traveling to or from such work. The 13 minimum speed restriction of section 321.285, subsection 5, and 14 the provisions of sections 321.297, 321.298, and 321.323 do 15 not apply to road workers operating maintenance equipment on 16 behalf of any state or local authority while engaged in road 17 maintenance, road blading, snow and ice control and removal, 18 and granular resurfacing work on a highway, whether or not the 19 highway is closed to traffic. 20 Sec. 3. NEW SECTION . 321.277B Writing, reading, or sending 21 a text-based communication while driving. 22 1. For purposes of this section, unless the context 23 otherwise requires: 24 a. “Electronic communication device” means an electronic 25 device, including but not limited to a wireless telephone, a 26 personal digital assistant, or a portable or mobile computer, 27 capable of being used for the purpose of writing, reading, or 28 sending a text-based communication. 29 b. “Text message” means a text-based communication 30 transmitted through the short messaging service (SMS), a 31 wireless telephone service, or an electronic communication 32 network by means of a wireless handset or other electronic 33 communication device. 34 c. “Write, read, or send a text-based communication” means 35 -1- LSB 5533XC (3) 83 dea/nh 1/ 5

S.F. _____ using an electronic communication device to communicate 1 with any person or device using a text-based communication, 2 including but not limited to a text message, an instant 3 message, or electronic mail. 4 2. Except as provided in subsection 3, a person shall not 5 operate a motor vehicle while using an electronic communication 6 device to write, read, or send a text-based communication. 7 3. This section does not apply to the following: 8 a. A member of a public safety agency while using an 9 electronic communication device in performance of the member’s 10 official duties. 11 b. A motor vehicle operator using an electronic 12 communication device in an emergency situation to report 13 illegal activity or to summon medical or emergency help. 14 c. A commercial motor vehicle operator reading a message 15 displayed on a permanently installed communication device 16 designed for a commercial motor vehicle. 17 d. A motor vehicle operator using an electronic 18 communication device while the motor vehicle’s transmission is 19 in park. 20 e. A motor vehicle operator using a global positioning 21 system or navigation system that gives directions aloud. 22 However, a motor vehicle operator shall not enter an address 23 or type on the global positioning system or navigation system 24 while the motor vehicle is in motion. 25 4. A person who is convicted of a violation of this section 26 is guilty of a simple misdemeanor. 27 Sec. 4. Section 707.6A, subsection 2, Code 2009, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. Operating a motor vehicle while writing, 30 reading, or sending a text message in violation of section 31 321.277B. 32 Sec. 5. Section 915.80, subsection 2, Code 2009, is amended 33 to read as follows: 34 2. “Crime” means conduct that occurs or is attempted in 35 -2- LSB 5533XC (3) 83 dea/nh 2/ 5

S.F. _____ this state, poses a substantial threat of personal injury or 1 death, and is punishable as a felony or misdemeanor, or would 2 be so punishable but for the fact that the person engaging in 3 the conduct lacked the capacity to commit the crime under the 4 laws of this state. “Crime” does not include conduct arising 5 out of the ownership, maintenance, or use of a motor vehicle, 6 motorcycle, motorized bicycle, train, boat, or aircraft except 7 for violations of section 321.261, 321.277, 321.277B, 321J.2, 8 462A.7, 462A.12, 462A.14, or 707.6A, or when the intention is 9 to cause personal injury or death. A license revocation under 10 section 321J.9 or 321J.12 shall be considered by the department 11 as evidence of a violation of section 321J.2 for the purposes 12 of this subchapter. A license suspension or revocation under 13 section 462A.14, 462A.14B, or 462A.23 shall be considered by 14 the department as evidence of a violation of section 462A.14 15 for the purposes of this subchapter. 16 EXPLANATION 17 This bill prohibits a person from operating a motor vehicle 18 while using an electronic communication device to write, read, 19 or send a text-based communication. 20 The bill defines “electronic communication device” to 21 include a wireless telephone, a personal digital assistant, or 22 a portable or mobile computer capable of being used to write, 23 read, or send a text-based communication. “Write, read, or 24 send a text-based communication” means using an electronic 25 communication device to communicate with any person or device 26 by means of a text message, instant message, or electronic 27 mail. “Text message” includes a text-based communication 28 transmitted through the short messaging service, a wireless 29 telephone service, or an electronic communication network. 30 The bill provides exceptions for public safety agency 31 personnel using an electronic communication device in 32 performance of official duties; a driver using an electronic 33 communication device in an emergency situation to report 34 illegal activity or to summon medical or emergency help; a 35 -3- LSB 5533XC (3) 83 dea/nh 3/ 5

S.F. _____ commercial motor vehicle operator reading a message displayed 1 on a permanently installed communication device designed for 2 a commercial motor vehicle; a driver using an electronic 3 communication device while the motor vehicle’s transmission 4 is in park; and a driver using a global positioning system 5 or navigation system that gives directions aloud, provided 6 the driver does not enter an address or type on the global 7 positioning system or navigation system while the motor vehicle 8 is in motion. 9 Current provisions applicable to the offense of reckless 10 driving are mirrored in the bill. The ban on the use of 11 an electronic communication device to send a text-based 12 communication applies to a motor vehicle operator on highways 13 and elsewhere throughout the state and applies to road workers 14 as well as motorists. 15 A driver who uses an electronic communication device to send 16 a text-based communication in violation of the bill commits 17 a simple misdemeanor. A simple misdemeanor is punishable by 18 confinement for no more than 30 days or a fine of at least $65 19 but not more than $625 or by both. If the violation results 20 in serious injury to another person the driver is guilty of 21 a class “D” felony. A class “D” felony is punishable by 22 confinement for no more than five years and a fine of at least 23 $750 but not more than $7,500. If the violation results in 24 the death of another person, the driver commits homicide by 25 vehicle, which is a class “C” felony punishable by confinement 26 for no more than 10 years and a fine of at least $1,000 but not 27 more than $10,000. A person charged with homicide by vehicle 28 is subject to driver’s license suspension, and upon conviction 29 the person’s license is revoked. 30 Pursuant to existing motor vehicle law, a person who 31 accumulates convictions for three or more specified motor 32 vehicle operating offenses within a six-year period is 33 considered a habitual offender and may be subject to driver’s 34 license revocation for at least two years and not more than 35 -4- LSB 5533XC (3) 83 dea/nh 4/ 5

S.F. _____ six years. The class “C” and “D” felonies under the bill are 1 included in the list of offenses to be considered for purposes 2 of habitual offender status. 3 A person convicted of a class “C” felony for homicide by 4 vehicle or a class “D” felony for serious injury by vehicle 5 is not eligible to be admitted to bail while appealing the 6 conviction. A person who is convicted of both homicide by 7 vehicle and failure to stop and remain at the scene of the 8 accident is required to serve at least seven-tenths of the 9 maximum term of confinement. 10 -5- LSB 5533XC (3) 83 dea/nh 5/ 5