Senate File 2004 - Introduced SENATE FILE 2004 BY JOHNSON A BILL FOR An Act relating to the use of hand-held electronic 1 communication devices while driving, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5037XS (2) 86 ns/nh

S.F. 2004 Section 1. Section 321.276, Code 2016, is amended to read 1 as follows: 2 321.276 Use of electronic communication device while driving 3 —— text-messaging . 4 1. For purposes of this section: 5 a. “Engage in a call” means talking or listening on a mobile 6 telephone or other portable electronic communication device. 7 “Electronic message” means a self-contained piece of digital 8 communication that is designed or intended to be transmitted 9 between physical devices. “Electronic message” includes but is 10 not limited to telephone calls, video calls, electronic mail, 11 text messages, instant messages, and commands or requests to 12 access an internet site. 13 b. “Hand-held electronic communication device” means a 14 mobile telephone or other portable electronic communication 15 device capable of being used to write compose , send, receive, 16 or read a text an electronic message. “Hand-held electronic 17 communication device” does not include a voice-operated or 18 hands-free device which allows the user to write compose , send, 19 receive, or read a text an electronic message without the use 20 of either hand except to activate or deactivate a feature or 21 function. “Hand-held electronic communication device” does not 22 include a wireless communication device used to transmit or 23 receive data as part of a digital dispatch system. “Hand-held 24 electronic communication device” includes a device which is 25 temporarily mounted inside the motor vehicle, unless the device 26 is a voice-operated or hands-free device. 27 c. “Text message” includes a text-based message, an instant 28 message, and electronic mail. 29 d. The terms “write” , “send” , and “read” , with respect 30 to a text message, mean the manual entry, transmission, and 31 retrieval of a text message, respectively, to communicate with 32 any other person or device. 33 2. A person shall not use a hand-held electronic 34 communication device to write, send, or read a text message 35 -1- LSB 5037XS (2) 86 ns/nh 1/ 4

S.F. 2004 while driving a motor vehicle unless the motor vehicle is at a 1 complete stop off the traveled portion of the roadway. 2 a. A person does not violate this section by using a global 3 positioning system or navigation system or when, for the 4 purpose of engaging in a call, the person selects or enters a 5 telephone number or name in a hand-held mobile telephone or 6 activates, deactivates, or initiates a function of a hand-held 7 mobile telephone . 8 b. The provisions of this subsection relating to reading a 9 text message do not apply to the following persons: 10 (1) A member of a public safety agency, as defined in 11 section 34.1 , performing official duties. 12 (2) A health care professional in the course of an emergency 13 situation. 14 (3) A person sending or receiving safety-related 15 information including emergency, traffic, or weather alerts. 16 3. Nothing in this section shall be construed to authorize 17 a peace officer to confiscate a portable hand-held electronic 18 communication device from the driver or occupant of a motor 19 vehicle. 20 4. a. A person convicted of a violation of this section 21 is guilty of a simple misdemeanor punishable as a scheduled 22 violation under section 805.8A, subsection 14 , paragraph “l” . 23 b. A violation of this section shall not be considered a 24 moving violation for purposes of this chapter or rules adopted 25 pursuant to this chapter . 26 5. A peace officer shall not stop or detain a person solely 27 for a suspected violation of this section . This section is 28 enforceable by a peace officer only as a secondary action when 29 the driver of a motor vehicle has been stopped or detained for 30 a suspected violation of another provision of this chapter , a 31 local ordinance equivalent to a provision of this chapter , or 32 other law. 33 6. 5. The department, in cooperation with the department of 34 public safety, shall establish educational programs to foster 35 -2- LSB 5037XS (2) 86 ns/nh 2/ 4

S.F. 2004 compliance with the requirements of this section . 1 Sec. 2. Section 805.8A, subsection 14, paragraph l, Code 2 2016, is amended to read as follows: 3 l. Text-messaging Use of electronic communication device 4 while driving violations. For violations under section 321.276 , 5 the scheduled fine is thirty dollars. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Currently, Code section 321.276 prohibits the use of a 10 hand-held electronic communication device to write, send, or 11 read a text message while driving a motor vehicle. This bill 12 expands that provision to prohibit any use of a hand-held 13 electronic communication device while driving. A hand-held 14 electronic communication device is a device used to compose, 15 send, receive, or read any electronic message, including 16 telephone calls, video calls, electronic mail, text messages, 17 instant messages, and commands or requests to access an 18 internet site. However, the bill does not alter the exceptions 19 existing under current law, including the use of hands-free 20 devices and global positioning systems while driving. The 21 bill eliminates the provision prohibiting a peace officer from 22 stopping or detaining a person solely for a violation of Code 23 section 321.276. 24 The bill rewords the applicable scheduled fine provision 25 to comply with the bill. The scheduled fine for a violation 26 of Code section 321.276 remains $30. Under current law, the 27 offense is not a moving violation, and therefore cannot be 28 considered for purposes of administrative suspension of a 29 driver’s license or to establish habitual offender status. 30 However, under Code section 321.482A, if the violation causes a 31 serious injury, a court could impose an additional fine of $500 32 or suspend the person’s driver’s license for not more than 90 33 days, or both. If the violation causes a death, a court could 34 impose an additional fine of $1,000 or suspend the person’s 35 -3- LSB 5037XS (2) 86 ns/nh 3/ 4

S.F. 2004 driver’s license for not more than 180 days, or both. 1 -4- LSB 5037XS (2) 86 ns/nh 4/ 4