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Senate File 76 - IntroducedA Bill ForAn Act 1relating to the use of an electronic communication
2device while driving, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.210, subsection 2, paragraph e, Code
22019, is amended by striking the paragraph.
3 Sec. 2. Section 321.276, subsection 1, Code 2019, is amended
4by striking the subsection and inserting in lieu thereof the
5following:
61. For purposes of this section:
7a. “Electronic communication device” means an electronic
8device capable of being used to compose, send, receive, or
9read an electronic message. “Electronic communication device”
10includes but is not limited to a telephone, personal digital
11assistant, and portable or mobile computer. “Electronic
12communication device” does not include a device that is
13physically or electronically integrated into a motor vehicle,
14including but not limited to an integrated global positioning
15system or navigation system.
16b. “Electronic message” means a self-contained piece of
17digital communication, whether verbal or written, that is
18designed or intended to be transmitted between electronic
19communication devices. “Electronic message” includes but is not
20limited to a telephone call, video call, electronic mail, text
21message, instant message, and command or request to access an
22internet site.
23 Sec. 3. Section 321.276, subsections 2, 3, and 4, Code 2019,
24are amended to read as follows:
252. A person shall not use a hand-held an electronic
26communication device to write, send, or view an electronic
27message while driving a motor vehicle unless the motor vehicle
28is at a complete stop off the traveled portion of the roadway.
29a. A person does not violate this section by using a global
30positioning system or navigation system or when, for the
31purpose of engaging in a call, the person selects or enters a
32telephone number or name in a hand-held mobile telephone or
33activates, deactivates, or initiates a function of a hand-held
34mobile telephone an electronic communication device in a
35hands-free mode.
-1- 1b. The provisions of this subsection relating to writing,
2sending, or viewing an electronic message the use of an
3electronic communication device do not apply to the following
4persons:
5(1) A member of a public safety agency, as defined in
6section 34.1, performing official duties.
7(2) A health care professional in the course of an emergency
8situation.
9(3) A person receiving safety-related information including
10emergency, traffic, or weather alerts using an electronic
11communication device for the purpose of reporting an emergency
12situation, including any continued communication with emergency
13personnel during the emergency situation.
14(4) A person using an electronic communication device
15by pressing a single button to initiate or terminate a voice
16communication.
173. Nothing in this section shall be construed to authorize
18a peace officer to confiscate a hand-held an electronic
19communication device from the driver or occupant of a motor
20vehicle.
214. a. A person convicted of a violation of this section
22is guilty of a simple misdemeanor punishable as a scheduled
23violation under section 805.8A, subsection 14, paragraph “l”.
24b. A violation of this section shall not be considered a
25moving violation for purposes of this chapter or rules adopted
26pursuant to this chapter.
27 Sec. 4. Section 321.555, subsection 2, Code 2019, is amended
28to read as follows:
292. Six or more of any separate and distinct offenses within
30a two-year period in the operation of a motor vehicle, which
31are required to be reported to the department by section
32321.491 or chapter 321C, except equipment violations, parking
33violations as defined in section 321.210, violations of
34registration laws, violations of sections 321.445 and 321.446,
35violations of section 321.276, operating a vehicle with an
-2-1expired license or permit, failure to appear, weights and
2measures violations and speeding violations of less than
3fifteen miles per hour over the legal speed limit.
4 Sec. 5. Section 707.6A, subsection 2, paragraph a,
5subparagraphs (1), (2), and (3), Code 2019, are amended by
6striking the subparagraphs and inserting in lieu thereof the
7following:
8(1) For the purposes of this paragraph “a”, a person’s
9use of an electronic communication device while driving a
10motor vehicle shall be considered prima facie evidence that
11the person was driving the motor vehicle in a reckless manner
12with willful or wanton disregard for the safety of persons or
13property, in violation of section 321.277.
14(2) Subparagraph (1) shall not apply to any of the
15following:
16(a) A member of a public safety agency, as defined in
17section 34.1, performing official duties.
18(b) A health care professional in the course of an emergency
19situation.
20(c) A person using an electronic communication device for
21the purpose of reporting an emergency situation, including any
22continued communication with emergency personnel during the
23emergency situation.
24(d) A person using an electronic communication device
25by pressing a single button to initiate or terminate a voice
26communication.
27(e) A person using an electronic communication device in a
28hands-free mode.
29(3) For the purposes of this paragraph “a”, the following
30definitions apply:
31(a) “Electronic communication device” means the same as
32defined in section 321.276.
33(b) “Electronic message” means the same as defined in
34section 321.276.
35 Sec. 6. Section 805.8A, subsection 14, paragraph l, Code
-3-12019, is amended to read as follows:
2l. Writing, sending, or viewing an Use of electronic message
3 communication device while driving violations. For violations
4under section 321.276, the scheduled fine is thirty one hundred
5 dollars.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Under current law, Code section 321.276 prohibits the use
10of hand-held electronic communication devices to write, send,
11or view electronic messages while driving a motor vehicle.
12This bill expands Code section 321.276 to prohibit any use of
13an electronic communication device while driving. The bill
14defines “electronic communication device” to mean a device
15capable of being used to compose, send, receive, or read an
16electronic message. The term includes telephones, personal
17digital assistants, and portable or mobile computers. The
18term does not include devices physically or electronically
19integrated into a vehicle, including but not limited to an
20integrated global positioning system or navigation system. The
21bill defines “electronic message” to mean a self-contained
22piece of digital communication, whether verbal or written, that
23is designed or intended to be transmitted between electronic
24communication devices. The term includes telephone calls,
25video calls, electronic mail, text messages, instant messages,
26and commands or requests to access an internet site.
27The bill exempts the use of an electronic communication
28device in a hands-free mode, for members of a public
29safety agency performing official duties, for health care
30professionals in the course of emergency situations, for the
31purpose of reporting an emergency situation, or by pressing a
32single button to initiate or terminate a voice communication.
33The bill makes a violation of Code section 321.276 a moving
34violation. Under current law, a moving violation can be
35considered for purposes of administrative suspension of a
-4-1driver’s license or to establish habitual offender status.
2The bill increases the scheduled fine for a violation of Code
3section 321.276 from $30 to $100. Under Code section 321.482A,
4if the violation causes a serious injury, a court could impose
5an additional fine of $500 or suspend the person’s driver’s
6license for not more than 90 days, or both. If the violation
7causes a death, a court could impose an additional fine of
8$1,000 or suspend the person’s driver’s license for not more
9than 180 days, or both.
10The bill makes corresponding changes to Code section 707.6A
11(homicide or serious injury by vehicle) to align the provisions
12of that Code section related to the use of an electronic
13communication device while driving to the provisions of Code
14section 321.276 as amended by the bill.
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2device while driving, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.210, subsection 2, paragraph e, Code
22019, is amended by striking the paragraph.
3 Sec. 2. Section 321.276, subsection 1, Code 2019, is amended
4by striking the subsection and inserting in lieu thereof the
5following:
61. For purposes of this section:
7a. “Electronic communication device” means an electronic
8device capable of being used to compose, send, receive, or
9read an electronic message. “Electronic communication device”
10includes but is not limited to a telephone, personal digital
11assistant, and portable or mobile computer. “Electronic
12communication device” does not include a device that is
13physically or electronically integrated into a motor vehicle,
14including but not limited to an integrated global positioning
15system or navigation system.
16b. “Electronic message” means a self-contained piece of
17digital communication, whether verbal or written, that is
18designed or intended to be transmitted between electronic
19communication devices. “Electronic message” includes but is not
20limited to a telephone call, video call, electronic mail, text
21message, instant message, and command or request to access an
22internet site.
23 Sec. 3. Section 321.276, subsections 2, 3, and 4, Code 2019,
24are amended to read as follows:
252. A person shall not use a hand-held an electronic
26communication device to write, send, or view an electronic
27message while driving a motor vehicle unless the motor vehicle
28is at a complete stop off the traveled portion of the roadway.
29a. A person does not violate this section by using a global
30positioning system or navigation system or when, for the
31purpose of engaging in a call, the person selects or enters a
32telephone number or name in a hand-held mobile telephone or
33activates, deactivates, or initiates a function of a hand-held
34mobile telephone an electronic communication device in a
35hands-free mode.
-1- 1b. The provisions of this subsection relating to writing,
2sending, or viewing an electronic message the use of an
3electronic communication device do not apply to the following
4persons:
5(1) A member of a public safety agency, as defined in
6section 34.1, performing official duties.
7(2) A health care professional in the course of an emergency
8situation.
9(3) A person receiving safety-related information including
10emergency, traffic, or weather alerts using an electronic
11communication device for the purpose of reporting an emergency
12situation, including any continued communication with emergency
13personnel during the emergency situation.
14(4) A person using an electronic communication device
15by pressing a single button to initiate or terminate a voice
16communication.
173. Nothing in this section shall be construed to authorize
18a peace officer to confiscate a hand-held an electronic
19communication device from the driver or occupant of a motor
20vehicle.
214. a. A person convicted of a violation of this section
22is guilty of a simple misdemeanor punishable as a scheduled
23violation under section 805.8A, subsection 14, paragraph “l”.
24b. A violation of this section shall not be considered a
25moving violation for purposes of this chapter or rules adopted
26pursuant to this chapter.
27 Sec. 4. Section 321.555, subsection 2, Code 2019, is amended
28to read as follows:
292. Six or more of any separate and distinct offenses within
30a two-year period in the operation of a motor vehicle, which
31are required to be reported to the department by section
32321.491 or chapter 321C, except equipment violations, parking
33violations as defined in section 321.210, violations of
34registration laws, violations of sections 321.445 and 321.446,
35violations of section 321.276, operating a vehicle with an
-2-1expired license or permit, failure to appear, weights and
2measures violations and speeding violations of less than
3fifteen miles per hour over the legal speed limit.
4 Sec. 5. Section 707.6A, subsection 2, paragraph a,
5subparagraphs (1), (2), and (3), Code 2019, are amended by
6striking the subparagraphs and inserting in lieu thereof the
7following:
8(1) For the purposes of this paragraph “a”, a person’s
9use of an electronic communication device while driving a
10motor vehicle shall be considered prima facie evidence that
11the person was driving the motor vehicle in a reckless manner
12with willful or wanton disregard for the safety of persons or
13property, in violation of section 321.277.
14(2) Subparagraph (1) shall not apply to any of the
15following:
16(a) A member of a public safety agency, as defined in
17section 34.1, performing official duties.
18(b) A health care professional in the course of an emergency
19situation.
20(c) A person using an electronic communication device for
21the purpose of reporting an emergency situation, including any
22continued communication with emergency personnel during the
23emergency situation.
24(d) A person using an electronic communication device
25by pressing a single button to initiate or terminate a voice
26communication.
27(e) A person using an electronic communication device in a
28hands-free mode.
29(3) For the purposes of this paragraph “a”, the following
30definitions apply:
31(a) “Electronic communication device” means the same as
32defined in section 321.276.
33(b) “Electronic message” means the same as defined in
34section 321.276.
35 Sec. 6. Section 805.8A, subsection 14, paragraph l, Code
-3-12019, is amended to read as follows:
2l. Writing, sending, or viewing an Use of electronic message
3 communication device while driving violations. For violations
4under section 321.276, the scheduled fine is thirty one hundred
5 dollars.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Under current law, Code section 321.276 prohibits the use
10of hand-held electronic communication devices to write, send,
11or view electronic messages while driving a motor vehicle.
12This bill expands Code section 321.276 to prohibit any use of
13an electronic communication device while driving. The bill
14defines “electronic communication device” to mean a device
15capable of being used to compose, send, receive, or read an
16electronic message. The term includes telephones, personal
17digital assistants, and portable or mobile computers. The
18term does not include devices physically or electronically
19integrated into a vehicle, including but not limited to an
20integrated global positioning system or navigation system. The
21bill defines “electronic message” to mean a self-contained
22piece of digital communication, whether verbal or written, that
23is designed or intended to be transmitted between electronic
24communication devices. The term includes telephone calls,
25video calls, electronic mail, text messages, instant messages,
26and commands or requests to access an internet site.
27The bill exempts the use of an electronic communication
28device in a hands-free mode, for members of a public
29safety agency performing official duties, for health care
30professionals in the course of emergency situations, for the
31purpose of reporting an emergency situation, or by pressing a
32single button to initiate or terminate a voice communication.
33The bill makes a violation of Code section 321.276 a moving
34violation. Under current law, a moving violation can be
35considered for purposes of administrative suspension of a
-4-1driver’s license or to establish habitual offender status.
2The bill increases the scheduled fine for a violation of Code
3section 321.276 from $30 to $100. Under Code section 321.482A,
4if the violation causes a serious injury, a court could impose
5an additional fine of $500 or suspend the person’s driver’s
6license for not more than 90 days, or both. If the violation
7causes a death, a court could impose an additional fine of
8$1,000 or suspend the person’s driver’s license for not more
9than 180 days, or both.
10The bill makes corresponding changes to Code section 707.6A
11(homicide or serious injury by vehicle) to align the provisions
12of that Code section related to the use of an electronic
13communication device while driving to the provisions of Code
14section 321.276 as amended by the bill.
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