Senate File 234 - Reprinted SENATE FILE 234 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1002) (As Amended and Passed by the Senate March 22, 2017 ) A BILL FOR An Act relating to the use of electronic communication devices 1 to write, send, or view electronic messages while driving as 2 a primary offense, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 234 (3) 87 ns/nh/jh

S.F. 234 Section 1. Section 321.276, subsection 1, paragraphs b, c, 1 and d, Code 2017, are amended to read as follows: 2 b. “Hand-held electronic communication device” means a 3 mobile telephone or other portable electronic communication 4 device capable of being used to write, send, or read a text 5 view an electronic message. “Hand-held electronic communication 6 device” does not include a voice-operated or hands-free device 7 which allows the user to write, send, or read a text view 8 an electronic message without the use of either hand except 9 to activate or deactivate a feature or function. “Hand-held 10 electronic communication device” does not include a wireless 11 communication device used to transmit or receive data as 12 part of a digital dispatch system. “Hand-held electronic 13 communication device” includes a device which is temporarily 14 mounted inside the motor vehicle, unless the device is a 15 voice-operated or hands-free device. 16 c. “Text “Electronic message” includes images visible on the 17 screen of a hand-held electronic communication device including 18 a text-based message, an instant message, and a portion of 19 electronic mail , an internet site, a social media application, 20 or a game . 21 d. The terms “write” , “send” , and “read” “view” , with 22 respect to a text an electronic message, mean the manual entry, 23 transmission, and or retrieval of a text an electronic message, 24 respectively, to communicate with any other person or device 25 and include playing, browsing, or accessing an electronic 26 message . 27 Sec. 2. Section 321.276, subsection 2, unnumbered paragraph 28 1, Code 2017, is amended to read as follows: 29 A person shall not use a hand-held electronic communication 30 device to write, send, or read a text view an electronic 31 message while driving a motor vehicle unless the motor vehicle 32 is at a complete stop off the traveled portion of the roadway. 33 Sec. 3. Section 321.276, subsection 2, paragraph b, 34 unnumbered paragraph 1, Code 2017, is amended to read as 35 -1- SF 234 (3) 87 ns/nh/jh 1/ 2

S.F. 234 follows: 1 The provisions of this subsection relating to reading a text 2 writing, sending, or viewing an electronic message do not apply 3 to the following persons: 4 Sec. 4. Section 321.276, subsection 3, Code 2017, is amended 5 to read as follows: 6 3. Nothing in this section shall be construed to authorize 7 a peace officer to confiscate a portable hand-held electronic 8 communication device from the driver or occupant of a motor 9 vehicle. 10 Sec. 5. Section 321.276, subsection 5, Code 2017, is amended 11 by striking the subsection. 12 Sec. 6. Section 805.8A, subsection 14, paragraph l, Code 13 2017, is amended to read as follows: 14 l. Text-messaging Writing, sending, or viewing an electronic 15 message while driving violations. For violations under section 16 321.276 , the scheduled fine is thirty dollars. 17 -2- SF 234 (3) 87 ns/nh/jh 2/ 2