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Senate File 234 - EnrolledAn Actrelating to the use of electronic communication devices
to write, send, or view electronic messages while driving as
a primary offense, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.276, subsection 1, paragraphs b, c,
and d, Code 2017, are amended to read as follows:
b. “Hand-held electronic communication device” means a
mobile telephone or other portable electronic communication
device capable of being used to write, send, or read a text
view an electronic message. “Hand-held electronic communication
device” does not include a voice-operated or hands-free device
which allows the user to write, send, or read a text view
an electronic message without the use of either hand except
to activate or deactivate a feature or function. “Hand-held
electronic communication device” does not include a wireless
communication device used to transmit or receive data as
part of a digital dispatch system. “Hand-held electronic
communication device” includes a device which is temporarily
mounted inside the motor vehicle, unless the device is a
voice-operated or hands-free device.
c. “Text “Electronic message” includes images visible on the
screen of a hand-held electronic communication device including
a text-based message, an instant message, and a portion of
electronic mail, an internet site, a social media application,
or a game.
d. The terms “write”, “send”, and “read” “view”, with
respect to a text an electronic message, mean the manual entry,
transmission, and or retrieval of a text an electronic message,
respectively, to communicate with any other person or device
and include playing, browsing, or accessing an electronic
message.
Sec. 2. Section 321.276, subsection 2, unnumbered paragraph
1, Code 2017, is amended to read as follows:
A person shall not use a hand-held electronic communication
device to write, send, or read a text view an electronic
message while driving a motor vehicle unless the motor vehicle
is at a complete stop off the traveled portion of the roadway.
Sec. 3. Section 321.276, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2017, is amended to read as
-1-follows:
The provisions of this subsection relating to reading a text
writing, sending, or viewing an electronic message do not apply
to the following persons:
Sec. 4. Section 321.276, subsection 3, Code 2017, is amended
to read as follows:
3. Nothing in this section shall be construed to authorize
a peace officer to confiscate a portable hand-held electronic
communication device from the driver or occupant of a motor
vehicle.
Sec. 5. Section 321.276, subsection 5, Code 2017, is amended
by striking the subsection.
Sec. 6. Section 805.8A, subsection 14, paragraph l, Code
2017, is amended to read as follows:
l. Text-messaging Writing, sending, or viewing an electronic
message while driving violations. For violations under section
321.276, the scheduled fine is thirty dollars.
______________________________
JACK WHITVERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 234, Eighty-seventh General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorns/nh/jh
to write, send, or view electronic messages while driving as
a primary offense, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.276, subsection 1, paragraphs b, c,
and d, Code 2017, are amended to read as follows:
b. “Hand-held electronic communication device” means a
mobile telephone or other portable electronic communication
device capable of being used to write, send, or read a text
view an electronic message. “Hand-held electronic communication
device” does not include a voice-operated or hands-free device
which allows the user to write, send, or read a text view
an electronic message without the use of either hand except
to activate or deactivate a feature or function. “Hand-held
electronic communication device” does not include a wireless
communication device used to transmit or receive data as
part of a digital dispatch system. “Hand-held electronic
communication device” includes a device which is temporarily
mounted inside the motor vehicle, unless the device is a
voice-operated or hands-free device.
c. “Text “Electronic message” includes images visible on the
screen of a hand-held electronic communication device including
a text-based message, an instant message, and a portion of
electronic mail, an internet site, a social media application,
or a game.
d. The terms “write”, “send”, and “read” “view”, with
respect to a text an electronic message, mean the manual entry,
transmission, and or retrieval of a text an electronic message,
respectively, to communicate with any other person or device
and include playing, browsing, or accessing an electronic
message.
Sec. 2. Section 321.276, subsection 2, unnumbered paragraph
1, Code 2017, is amended to read as follows:
A person shall not use a hand-held electronic communication
device to write, send, or read a text view an electronic
message while driving a motor vehicle unless the motor vehicle
is at a complete stop off the traveled portion of the roadway.
Sec. 3. Section 321.276, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2017, is amended to read as
-1-follows:
The provisions of this subsection relating to reading a text
writing, sending, or viewing an electronic message do not apply
to the following persons:
Sec. 4. Section 321.276, subsection 3, Code 2017, is amended
to read as follows:
3. Nothing in this section shall be construed to authorize
a peace officer to confiscate a portable hand-held electronic
communication device from the driver or occupant of a motor
vehicle.
Sec. 5. Section 321.276, subsection 5, Code 2017, is amended
by striking the subsection.
Sec. 6. Section 805.8A, subsection 14, paragraph l, Code
2017, is amended to read as follows:
l. Text-messaging Writing, sending, or viewing an electronic
message while driving violations. For violations under section
321.276, the scheduled fine is thirty dollars.
______________________________
JACK WHITVERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 234, Eighty-seventh General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorns/nh/jh