Senate Study Bill 1041 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the use of electronic communication devices 1 while driving and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1159XD (7) 86 ns/nh

S.F. _____ H.F. _____ Section 1. Section 321.276, subsection 1, Code 2015, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 1. For purposes of this section: 4 a. “Electronic communication device” means an electronic 5 device capable of being used to compose, read, or send an 6 electronic message. “Electronic communication device” includes 7 but is not limited to telephones, personal digital assistants, 8 and portable or mobile computers. 9 b. “Electronic message” means a self-contained piece 10 of digital communication, whether verbal or written, that 11 is designed or intended to be transmitted between physical 12 devices. “Electronic message” includes but is not limited to 13 telephone calls, video calls, electronic mail, text messages, 14 instant messages, and commands or requests to access an 15 internet site. 16 Sec. 2. Section 321.276, subsections 2 and 3, Code 2015, are 17 amended to read as follows: 18 2. A person shall not use a hand-held an electronic 19 communication device to write, send, or read a text message 20 while driving a motor vehicle unless the motor vehicle is at a 21 complete stop off the traveled portion of the roadway. 22 a. A person does not violate this section by using a global 23 positioning system or navigation system or when, for the 24 purpose of engaging in a call, the person selects or enters a 25 telephone number or name in a hand-held mobile telephone or 26 activates, deactivates, or initiates a function of a hand-held 27 mobile telephone by using an electronic communication device in 28 a hands-free or voice-activated mode . 29 b. The provisions of this subsection relating to reading a 30 text message the use of an electronic communication device do 31 not apply to the following persons: 32 (1) A member of a public safety agency, as defined in 33 section 34.1 , performing official duties. 34 (2) A health care professional in the course of an emergency 35 -1- LSB 1159XD (7) 86 ns/nh 1/ 3

S.F. _____ H.F. _____ situation. 1 (3) A person sending or receiving safety-related 2 information including emergency, traffic, or weather alerts. 3 3. Nothing in this section shall be construed to authorize 4 a peace officer to confiscate a portable an electronic 5 communication device from the driver or occupant of a motor 6 vehicle. 7 Sec. 3. Section 321.276, subsection 5, Code 2015, is amended 8 by striking the subsection. 9 Sec. 4. Section 805.8A, subsection 14, paragraph l, Code 10 2015, is amended to read as follows: 11 l. Text-messaging Use of electronic communication devices 12 while driving violations. For violations under section 321.276 , 13 the scheduled fine is thirty dollars. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the use of electronic communication 18 devices while driving and makes penalties applicable. 19 Current law prohibits the use of an electronic device to 20 write, send, or read a text message while operating a motor 21 vehicle. The bill expands this prohibition to include any 22 electronic message, including telephone calls. The bill 23 provides an exception allowing the use of electronic devices in 24 a hands-free or voice-activated mode. 25 The bill does not change the existing exceptions for certain 26 persons under Code section 321.276, subsection 2, paragraph 27 “b”, including a member of a public safety agency performing 28 official duties, a health care professional in the course of 29 an emergency situation, and a person receiving safety-related 30 information including emergency, traffic, or weather alerts. 31 The bill also does not change the existing exception for use of 32 global positioning or navigation systems. 33 The bill eliminates a provision prohibiting a peace officer 34 from stopping or detaining a person solely for a violation of 35 -2- LSB 1159XD (7) 86 ns/nh 2/ 3

S.F. _____ H.F. _____ Code section 321.276. 1 The bill rewords the applicable scheduled fine provision 2 to comply with the bill. The scheduled fine for a violation 3 of Code section 321.276 remains $30. Under current law, the 4 offense is not a moving violation, and therefore cannot be 5 considered for purposes of administrative suspension of a 6 driver’s license or to establish habitual offender status. 7 However, if the violation causes a serious injury, a court 8 could impose an additional fine of $500 or suspend the person’s 9 driver’s license for not more than 90 days, or both. If the 10 violation causes a death, a court could impose an additional 11 fine of $1,000 or suspend the person’s driver’s license for not 12 more than 180 days, or both. 13 -3- LSB 1159XD (7) 86 ns/nh 3/ 3