SF 111 (LSB 1931XS (2) 85)

SENATE FILE 111

BY  SODDERS

A BILL FOR

An Act relating to the sale, operation, and possession of speed detection jamming devices, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.232, Code 2013, is amended to read as follows:
   321.232  Radar
 
Speed detection jamming devices —— penalty.
   1.  A person shall not sell, operate, or possess a radar
 
speed detection jamming device, except as otherwise provided in this section, when the device is in a vehicle operated on the highways of this state or the device is held for sale in this state.
   2.  This section does not apply to radar speed measuring devices purchased by, held for purchase for, or operated by peace officers using the devices in
 
performance of their official duties.
   3.  A radar
 
speed detection jamming device
 
sold, operated, or possessed in violation of subsection 1 may be seized by a peace officer
 
and is subject to forfeiture as provided by chapter 809 or 809A.
   4.  For the purposes of this section “radar jamming device”:
   a.  “Speed detection jamming device”
 
means any mechanism designed or used to transmit radio waves in the electromagnetic wave spectrum to interfere with the reception of those emitted from a device used by peace officers of this state to measure the speed of motor vehicles on the highways of this state and which is not designed for two-way transmission and cannot transmit in plain language
 
active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by a peace officer to measure the speed of motor vehicles. “Speed detection jamming device” does not include equipment that is legal under federal communications commission regulations, such as a citizens’ band radio, a ham radio, or other similar electronic equipment.
   b.  “Speed measuring device” includes but is not limited to devices commonly known as radar speed meters or laser speed meters.
    Sec. 2.  Section 805.8A, subsection 14, paragraph g, Code 2013, is amended to read as follows:
   g.  Radar-jamming
 
Speed detection jamming devices.  For a violation under section 321.232, the scheduled fine is one hundred dollars.
EXPLANATION
   Current Iowa law prohibiting the sale, operation, or possession of a radar jamming device applies only to certain devices which are designed or used to interfere with radio waves emitted by devices used by peace officers to measure the speed of motor vehicles. 
   This bill expands the current law to apply to a broader range of devices that interfere with radar speed meters and laser speed meters. The bill defines “speed detection jamming device” to mean any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by a peace officer to measure the speed of motor vehicles. The definition excludes equipment that is legal under federal communications commission regulations, such as a citizens’ band radio, a ham radio, or other similar electronic equipment.
   The bill specifies that its provisions do not apply to speed measuring devices purchased by, held for purchase for, or operated by peace officers in performance of their official duties.
   Under the bill, the sale, operation, or possession of a speed detection jamming device is prohibited when the device is in a vehicle operated on a highway in this state or held for sale in this state. A speed detection jamming device sold, operated, or possessed in violation of the bill may be seized by a peace officer and is subject to forfeiture, as is currently the case for radar jamming devices.
   Currently, a violation relating to radar jamming devices is a simple misdemeanor punishable by a scheduled fine of $100. That same penalty applies for violations relating to speed detection jamming devices under the bill.