H.F. 344 Section 1. Section 321.276, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. A peace officer shall not stop or 3 detain a person solely for a suspected violation of this 4 section. This section is enforceable by a peace officer only 5 as a secondary action when the driver of a motor vehicle has 6 been stopped or detained for a suspected violation of another 7 provision of this chapter, a local ordinance equivalent to a 8 provision of this chapter, or other law. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 In 2017, the general assembly authorized peace officers to 13 stop and detain a person solely for a suspected violation of 14 Code section 321.276 (use of electronic communication device 15 while driving) by striking a provision that stated Code section 16 321.276 was enforceable by peace officers only as a secondary 17 action when a driver of a motor vehicle had been stopped or 18 detained for a suspected violation of another law. 19 This bill reenacts that provision. 20 A violation of Code section 321.276 is punishable by 21 a scheduled fine of $45. The offense is not a moving 22 violation, and therefore cannot be considered for purposes 23 of administrative suspension of a driver’s license or for 24 establishing habitual offender status. However, if the 25 violation causes a serious injury, a court could impose an 26 additional fine of $500 or suspend the person’s driver’s 27 license for not more than 90 days, or both. If the violation 28 causes a death, a court could impose an additional fine of 29 $1,000 or suspend the person’s driver’s license for not more 30 than 180 days, or both. 31 -1- LSB 2282YH (2) 89 th/ns 1/ 1