Senate File 391 - Introduced SENATE FILE 391 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1041) A BILL FOR An Act relating to the use of electronic communication devices 1 while driving as a primary offense. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1159SV (2) 86 ns/nh

S.F. 391 Section 1. Section 321.276, subsection 5, Code 2015, is 1 amended by striking the subsection. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill eliminates a provision prohibiting a peace officer 6 from stopping or detaining a person solely for a violation of 7 Code section 321.276, which relates to texting while driving. 8 The scheduled fine for a violation of Code section 321.276 9 remains $30. Under current law, the offense is not a moving 10 violation, and therefore cannot be considered for purposes of 11 administrative suspension of a driver’s license or to establish 12 habitual offender status. However, if the violation causes a 13 serious injury, a court could impose an additional fine of $500 14 or suspend the person’s driver’s license for not more than 90 15 days, or both. If the violation causes a death, a court could 16 impose an additional fine of $1,000 or suspend the person’s 17 driver’s license for not more than 180 days, or both. 18 -1- LSB 1159SV (2) 86 ns/nh 1/ 1