SF 391 (LSB 1159SV (2) 86)

SENATE FILE 391

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 1041)

A BILL FOR

An Act relating to the use of electronic communication devices while driving as a primary offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.276, subsection 5, Code 2015, is amended by striking the subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill eliminates a provision prohibiting a peace officer from stopping or detaining a person solely for a violation of Code section 321.276, which relates to texting while driving.
   The scheduled fine for a violation of Code section 321.276 remains $30. Under current law, the offense is not a moving violation, and therefore cannot be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status. However, if the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.