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House File 2129 - IntroducedA Bill ForAn Act 1relating to the use of an electronic device in a
2voice-activated or hands-free mode while driving, providing
3penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 2, paragraph
2a, subparagraph (2), Code 2022, is amended by striking the
3subparagraph.
4 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
5Code 2022, are amended to read as follows:
6b. The department may suspend a restricted driver’s license
7issued under this section upon receiving satisfactory evidence
8that the licensee has violated the restrictions imposed under
9paragraph “a”, subparagraph (2), subparagraph division (a).
10 The department may also suspend a restricted license issued
11under this section upon receiving a record of the person’s
12conviction for one violation and shall revoke the license upon
13receiving a record of conviction for two or more violations
14of a law of this state or a city ordinance regulating the
15operation of motor vehicles on highways, other than parking
16violations as defined in section 321.210. After revoking a
17license under this section the department shall not grant an
18application for a new license or permit until the expiration
19of one year or until the person attains the age of eighteen,
20whichever is the longer period.
21c. A person who violates the restrictions imposed under
22paragraph “a”, subparagraph (2), subparagraph division (a),
23may be issued a citation under this section and shall not be
24issued a citation under section 321.193. A violation of the
25restrictions imposed under paragraph “a”, subparagraph (2),
26subparagraph division (a), shall not be considered a moving
27violation.
28 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
292022, is amended to read as follows:
30b. The department may suspend an instruction permit,
31intermediate license, or full license issued under this section
32upon receiving satisfactory evidence that the person issued
33the instruction permit, intermediate license, or full license
34violated the restrictions imposed under subsection 1, or 2, or
356 during the term of the instruction permit or intermediate
-1-1license.
2 Sec. 4. Section 321.180B, subsection 6, Code 2022, is
3amended by striking the subsection.
4 Sec. 5. Section 321.180B, subsection 7, Code 2022, is
5amended to read as follows:
67. Citations for violation of restrictions. A person who
7violates the restrictions imposed under subsection 1, or 2, or
86 may be issued a citation under this section and shall not be
9issued a citation under section 321.193. A violation of the
10restrictions imposed under subsection 1, or 2, or 6 shall not
11be considered a moving violation.
12 Sec. 6. Section 321.194, subsection 2, paragraph b,
13subparagraph (2), Code 2022, is amended by striking the
14subparagraph.
15 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
162022, is amended by striking the paragraph.
17 Sec. 8. Section 321.238, Code 2022, is amended to read as
18follows:
19321.238 Use of electronic devices while driving — preemption
20of local legislation.
21The provisions of this chapter restricting the use of
22electronic communication devices and electronic entertainment
23 devices by motor vehicle operators shall be implemented
24uniformly throughout the state. Such provisions shall preempt
25any county or municipal ordinance regarding the use of an
26electronic communication device or electronic entertainment
27 device by a motor vehicle operator. In addition, a county or
28municipality shall not adopt or continue in effect an ordinance
29regarding the use of an electronic communication device or
30electronic entertainment device by a motor vehicle operator.
31 Sec. 9. Section 321.276, subsection 1, Code 2022, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
341. For purposes of this section:
35a. “Electronic device” means a device powered by electricity
-2-1that is capable of being used to compose, send, receive, or
2read an electronic message, or that is capable of storing,
3retrieving on-demand, or displaying videos, movies, broadcast
4television images, visual images, or audio or video data
5files. “Electronic device” includes but is not limited to
6a telephone, personal digital assistant, portable or mobile
7computer, and any substantially similar portable device that is
8used to initiate, store, or receive electronic communication,
9information, or data. “Electronic device” does not include a
10device that is physically or electronically integrated into
11a motor vehicle, including but not limited to an integrated
12global positioning system or navigation system.
13b. “Voice-activated or hands-free mode” means an attachment,
14accessory, application, wireless connection, or built-in
15feature of an electronic device or motor vehicle that allows a
16person to use verbal or single-touch commands to activate or
17deactivate the device or a function or software application
18of the device. “Voice-activated or hands-free mode” does not
19include accessing nonnavigation video content, engaging in a
20video call, accessing or engaging in video streaming, accessing
21gaming data, or reading an electronic message.
22 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
232022, are amended to read as follows:
242. A person shall not use a hand-held an electronic
25communication device to write, send, or view an electronic
26message while driving a motor vehicle unless the motor vehicle
27is at a complete stop off the traveled portion of the roadway.
28a. A person does not violate this section by using a global
29positioning system or navigation system or when, for the
30purpose of engaging in a call, the person selects or enters a
31telephone number or name in a hand-held mobile telephone or
32activates, deactivates, or initiates a function of a hand-held
33mobile telephone an electronic device in a voice-activated or
34hands-free mode.
35b. The provisions of this subsection relating to writing,
-3-1sending, or viewing an electronic message the use of an
2electronic device do not apply to the following persons:
3(1) A member of a public safety agency, as defined in
4section 34.1, performing official duties.
5(2) A health care professional in the course of an emergency
6situation.
7(3) A person receiving safety-related information including
8emergency, traffic, or weather alerts.
9(4) A person using an electronic device for the purpose
10of reporting an emergency situation, including any continued
11communication with emergency personnel during the emergency
12situation, or public transit personnel responding to a
13transit-specific situation.
14(5) A person using a two-way radio transmitter or receiver
15who is licensed with the federal communications commission in
16amateur radio service.
17(6) A member of a public transit system, as defined in
18section 324A.1, performing official duties while in a vehicle
19that is not in motion.
20(7) A utility maintenance employee or contractor using
21an electronic device while in a utility maintenance vehicle,
22for the purpose of providing utility services including
23but not limited to cable, electric, natural gas, telephone,
24telecommunication, water, and wastewater treatment services,
25provided the employee or contractor is acting within the scope
26of their employment or agency.
27(8) A transportation network company driver, as defined in
28section 321N.1, while engaged in a prearranged ride, as defined
29in section 321N.1, provided the vehicle is not in motion.
303. Nothing in this section shall be construed to authorize
31a peace officer to confiscate a hand-held an electronic
32communication device from the driver or occupant of a motor
33vehicle.
344. a. A person convicted of a violation of this section
35is guilty of a simple misdemeanor punishable as a scheduled
-4-1violation under section 805.8A, subsection 14, paragraph “l”.
2b. A violation of this section shall not be considered a
3moving violation for purposes of this chapter or rules adopted
4pursuant to this chapter.
5c. Notwithstanding paragraphs “a” and “b”, a peace officer
6shall issue a warning memorandum in lieu of a citation to a
7person for violating this section. This paragraph is repealed
8January 1, 2023.
9 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
102022, is amended to read as follows:
11Notwithstanding section 321.482, a person who is convicted
12of operating a motor vehicle in violation of section 321.178,
13subsection 2, paragraph “a”, subparagraph (2), section
14321.180B, subsection 6, section 321.194, subsection 2,
15paragraph “b”, subparagraph (2), section 321.256, 321.257,
16section 321.275, subsection 4, section 321.276, 321.297,
17321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
18321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
19321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
20subsection 3, or section 321.449B, causing serious injury to
21or the death of another person may be subject to the following
22penalties in addition to the penalty provided for a scheduled
23violation in section 805.8A or any other penalty provided by
24law:
25 Sec. 12. Section 321.555, subsection 2, Code 2022, is
26amended to read as follows:
272. Six or more of any separate and distinct offenses within
28a two-year period in the operation of a motor vehicle, which
29are required to be reported to the department by section
30321.491 or chapter 321C, except equipment violations, parking
31violations as defined in section 321.210, violations of
32registration laws, violations of sections 321.445 and 321.446,
33violations of section 321.276, operating a vehicle with an
34expired license or permit, failure to appear, weights and
35measures violations and speeding violations of less than
-5-1fifteen miles per hour over the legal speed limit.
2 Sec. 13. Section 707.6A, subsection 2, paragraph a,
3subparagraphs (1), (2), and (3), Code 2022, are amended by
4striking the subparagraphs and inserting in lieu thereof the
5following:
6(1) For purposes of this paragraph “a”, a person’s use of
7an electronic device while driving a motor vehicle shall be
8considered prima facie evidence that the person was driving
9the motor vehicle in a reckless manner with willful or wanton
10disregard for the safety of persons or property, in violation
11of section 321.277.
12(2) Subparagraph (1) does not apply to any of the following:
13(a) A person using an electronic device in a voice-activated
14or hands-free mode.
15(b) A member of a public safety agency, as defined in
16section 34.1, performing official duties.
17(c) A health care professional in the course of an emergency
18situation.
19(d) A person receiving safety-related information including
20emergency or weather alerts.
21(e) A person using an electronic device for the purpose
22of reporting an emergency situation, including any continued
23communication with emergency personnel during the emergency
24situation, or public transit personnel responding to a
25transit-specific situation.
26(f) A person using a two-way radio transmitter or receiver
27who is licensed with the federal communications commission in
28amateur radio service.
29(g) A member of a public transit system, as defined in
30section 324A.1, performing official duties while in a vehicle
31that is not in motion.
32(h) A utility maintenance employee or contractor using
33an electronic device while in a utility maintenance vehicle,
34for the purpose of providing utility services including
35but not limited to cable, electric, natural gas, telephone,
-6-1telecommunication, water, and wastewater treatment services,
2provided the employee or contractor is acting within the scope
3of their employment or agency.
4(i) A transportation network company driver, as defined in
5section 321N.1, while engaged in a prearranged ride, as defined
6in section 321N.1, provided the vehicle is not in motion.
7(3) For purposes of this paragraph “a”, the following
8definitions apply:
9(a) “Electronic device” means the same as defined in section
10321.276.
11(b) “Voice-activated or hands-free mode” means the same as
12defined in section 321.276.
13 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
142022, is amended by striking the paragraph.
15 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
162022, is amended to read as follows:
17l. Writing, sending, or viewing an Use of electronic message
18 device while driving violations. For violations under section
19321.276, the scheduled fine is forty-five one hundred dollars.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23Under current law, Code section 321.276 prohibits the use of
24hand-held electronic communication devices to write, send, or
25view electronic messages while driving a motor vehicle. This
26bill expands Code section 321.276 to prohibit any use of an
27electronic device while driving. The bill defines the terms
28“electronic device” and “voice-activated or hands-free mode”.
29The bill provides exceptions for the use of an electronic
30device in a voice-activated or hands-free mode, for members of
31a public safety agency performing official duties, for health
32care professionals in the course of emergency situations, for
33the purpose of receiving safety-related information, for the
34purpose of reporting an emergency situation, for certain radio
35operators, for members of a public transit system performing
-7-1official duties while in a vehicle that is not in motion, for
2utility maintenance employees or contractors for the purpose
3of providing utility services, and for transportation network
4company drivers engaged in a prearranged ride while the vehicle
5is not in motion.
6The bill makes a violation of Code section 321.276 a moving
7violation. Under current law, a moving violation can be
8considered for purposes of administrative suspension of a
9driver’s license or to establish habitual offender status.
10However, a peace officer is required to issue a warning
11memorandum in lieu of a citation for violations that occur
12during the period between the effective date of the bill and
13January 1, 2023.
14The bill increases the scheduled fine for a violation of Code
15section 321.276 from $45 to $100. Under Code section 321.482A,
16if a person is convicted for a violation and if the violation
17causes a serious injury, a court could impose an additional
18fine of $500 or suspend the person’s driver’s license for not
19more than 90 days, or both. If a person is convicted for a
20violation and if the violation causes a death, a court could
21impose an additional fine of $1,000 or suspend the person’s
22driver’s license for not more than 180 days, or both.
23The bill makes corresponding changes to Code sections
24321.238 (preemption of local legislation) and 707.6A (homicide
25or serious injury by vehicle) to align those provisions to the
26provisions of Code section 321.276 as amended by the bill.
27The bill also makes corresponding changes to Code sections
28321.178, 321.180B, and 321.194, by striking provisions relating
29to the use of electronic communication devices while driving
30by persons under the age of 18 who are issued certain types
31of driver’s licenses, thereby making Code section 321.276 as
32amended by the bill applicable to such persons.
-8-th/ns
2voice-activated or hands-free mode while driving, providing
3penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 2, paragraph
2a, subparagraph (2), Code 2022, is amended by striking the
3subparagraph.
4 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
5Code 2022, are amended to read as follows:
6b. The department may suspend a restricted driver’s license
7issued under this section upon receiving satisfactory evidence
8that the licensee has violated the restrictions imposed under
9paragraph “a”, subparagraph (2), subparagraph division (a).
10 The department may also suspend a restricted license issued
11under this section upon receiving a record of the person’s
12conviction for one violation and shall revoke the license upon
13receiving a record of conviction for two or more violations
14of a law of this state or a city ordinance regulating the
15operation of motor vehicles on highways, other than parking
16violations as defined in section 321.210. After revoking a
17license under this section the department shall not grant an
18application for a new license or permit until the expiration
19of one year or until the person attains the age of eighteen,
20whichever is the longer period.
21c. A person who violates the restrictions imposed under
22paragraph “a”, subparagraph (2), subparagraph division (a),
23may be issued a citation under this section and shall not be
24issued a citation under section 321.193. A violation of the
25restrictions imposed under paragraph “a”, subparagraph (2),
26subparagraph division (a), shall not be considered a moving
27violation.
28 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
292022, is amended to read as follows:
30b. The department may suspend an instruction permit,
31intermediate license, or full license issued under this section
32upon receiving satisfactory evidence that the person issued
33the instruction permit, intermediate license, or full license
34violated the restrictions imposed under subsection 1, or 2, or
356 during the term of the instruction permit or intermediate
-1-1license.
2 Sec. 4. Section 321.180B, subsection 6, Code 2022, is
3amended by striking the subsection.
4 Sec. 5. Section 321.180B, subsection 7, Code 2022, is
5amended to read as follows:
67. Citations for violation of restrictions. A person who
7violates the restrictions imposed under subsection 1, or 2, or
86 may be issued a citation under this section and shall not be
9issued a citation under section 321.193. A violation of the
10restrictions imposed under subsection 1, or 2, or 6 shall not
11be considered a moving violation.
12 Sec. 6. Section 321.194, subsection 2, paragraph b,
13subparagraph (2), Code 2022, is amended by striking the
14subparagraph.
15 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
162022, is amended by striking the paragraph.
17 Sec. 8. Section 321.238, Code 2022, is amended to read as
18follows:
19321.238 Use of electronic devices while driving — preemption
20of local legislation.
21The provisions of this chapter restricting the use of
22electronic communication devices and electronic entertainment
23 devices by motor vehicle operators shall be implemented
24uniformly throughout the state. Such provisions shall preempt
25any county or municipal ordinance regarding the use of an
26electronic communication device or electronic entertainment
27 device by a motor vehicle operator. In addition, a county or
28municipality shall not adopt or continue in effect an ordinance
29regarding the use of an electronic communication device or
30electronic entertainment device by a motor vehicle operator.
31 Sec. 9. Section 321.276, subsection 1, Code 2022, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
341. For purposes of this section:
35a. “Electronic device” means a device powered by electricity
-2-1that is capable of being used to compose, send, receive, or
2read an electronic message, or that is capable of storing,
3retrieving on-demand, or displaying videos, movies, broadcast
4television images, visual images, or audio or video data
5files. “Electronic device” includes but is not limited to
6a telephone, personal digital assistant, portable or mobile
7computer, and any substantially similar portable device that is
8used to initiate, store, or receive electronic communication,
9information, or data. “Electronic device” does not include a
10device that is physically or electronically integrated into
11a motor vehicle, including but not limited to an integrated
12global positioning system or navigation system.
13b. “Voice-activated or hands-free mode” means an attachment,
14accessory, application, wireless connection, or built-in
15feature of an electronic device or motor vehicle that allows a
16person to use verbal or single-touch commands to activate or
17deactivate the device or a function or software application
18of the device. “Voice-activated or hands-free mode” does not
19include accessing nonnavigation video content, engaging in a
20video call, accessing or engaging in video streaming, accessing
21gaming data, or reading an electronic message.
22 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
232022, are amended to read as follows:
242. A person shall not use a hand-held an electronic
25communication device to write, send, or view an electronic
26message while driving a motor vehicle unless the motor vehicle
27is at a complete stop off the traveled portion of the roadway.
28a. A person does not violate this section by using a global
29positioning system or navigation system or when, for the
30purpose of engaging in a call, the person selects or enters a
31telephone number or name in a hand-held mobile telephone or
32activates, deactivates, or initiates a function of a hand-held
33mobile telephone an electronic device in a voice-activated or
34hands-free mode.
35b. The provisions of this subsection relating to writing,
-3-1sending, or viewing an electronic message the use of an
2electronic device do not apply to the following persons:
3(1) A member of a public safety agency, as defined in
4section 34.1, performing official duties.
5(2) A health care professional in the course of an emergency
6situation.
7(3) A person receiving safety-related information including
8emergency, traffic, or weather alerts.
9(4) A person using an electronic device for the purpose
10of reporting an emergency situation, including any continued
11communication with emergency personnel during the emergency
12situation, or public transit personnel responding to a
13transit-specific situation.
14(5) A person using a two-way radio transmitter or receiver
15who is licensed with the federal communications commission in
16amateur radio service.
17(6) A member of a public transit system, as defined in
18section 324A.1, performing official duties while in a vehicle
19that is not in motion.
20(7) A utility maintenance employee or contractor using
21an electronic device while in a utility maintenance vehicle,
22for the purpose of providing utility services including
23but not limited to cable, electric, natural gas, telephone,
24telecommunication, water, and wastewater treatment services,
25provided the employee or contractor is acting within the scope
26of their employment or agency.
27(8) A transportation network company driver, as defined in
28section 321N.1, while engaged in a prearranged ride, as defined
29in section 321N.1, provided the vehicle is not in motion.
303. Nothing in this section shall be construed to authorize
31a peace officer to confiscate a hand-held an electronic
32communication device from the driver or occupant of a motor
33vehicle.
344. a. A person convicted of a violation of this section
35is guilty of a simple misdemeanor punishable as a scheduled
-4-1violation under section 805.8A, subsection 14, paragraph “l”.
2b. A violation of this section shall not be considered a
3moving violation for purposes of this chapter or rules adopted
4pursuant to this chapter.
5c. Notwithstanding paragraphs “a” and “b”, a peace officer
6shall issue a warning memorandum in lieu of a citation to a
7person for violating this section. This paragraph is repealed
8January 1, 2023.
9 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
102022, is amended to read as follows:
11Notwithstanding section 321.482, a person who is convicted
12of operating a motor vehicle in violation of section 321.178,
13subsection 2, paragraph “a”, subparagraph (2), section
14321.180B, subsection 6, section 321.194, subsection 2,
15paragraph “b”, subparagraph (2), section 321.256, 321.257,
16section 321.275, subsection 4, section 321.276, 321.297,
17321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
18321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
19321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
20subsection 3, or section 321.449B, causing serious injury to
21or the death of another person may be subject to the following
22penalties in addition to the penalty provided for a scheduled
23violation in section 805.8A or any other penalty provided by
24law:
25 Sec. 12. Section 321.555, subsection 2, Code 2022, is
26amended to read as follows:
272. Six or more of any separate and distinct offenses within
28a two-year period in the operation of a motor vehicle, which
29are required to be reported to the department by section
30321.491 or chapter 321C, except equipment violations, parking
31violations as defined in section 321.210, violations of
32registration laws, violations of sections 321.445 and 321.446,
33violations of section 321.276, operating a vehicle with an
34expired license or permit, failure to appear, weights and
35measures violations and speeding violations of less than
-5-1fifteen miles per hour over the legal speed limit.
2 Sec. 13. Section 707.6A, subsection 2, paragraph a,
3subparagraphs (1), (2), and (3), Code 2022, are amended by
4striking the subparagraphs and inserting in lieu thereof the
5following:
6(1) For purposes of this paragraph “a”, a person’s use of
7an electronic device while driving a motor vehicle shall be
8considered prima facie evidence that the person was driving
9the motor vehicle in a reckless manner with willful or wanton
10disregard for the safety of persons or property, in violation
11of section 321.277.
12(2) Subparagraph (1) does not apply to any of the following:
13(a) A person using an electronic device in a voice-activated
14or hands-free mode.
15(b) A member of a public safety agency, as defined in
16section 34.1, performing official duties.
17(c) A health care professional in the course of an emergency
18situation.
19(d) A person receiving safety-related information including
20emergency or weather alerts.
21(e) A person using an electronic device for the purpose
22of reporting an emergency situation, including any continued
23communication with emergency personnel during the emergency
24situation, or public transit personnel responding to a
25transit-specific situation.
26(f) A person using a two-way radio transmitter or receiver
27who is licensed with the federal communications commission in
28amateur radio service.
29(g) A member of a public transit system, as defined in
30section 324A.1, performing official duties while in a vehicle
31that is not in motion.
32(h) A utility maintenance employee or contractor using
33an electronic device while in a utility maintenance vehicle,
34for the purpose of providing utility services including
35but not limited to cable, electric, natural gas, telephone,
-6-1telecommunication, water, and wastewater treatment services,
2provided the employee or contractor is acting within the scope
3of their employment or agency.
4(i) A transportation network company driver, as defined in
5section 321N.1, while engaged in a prearranged ride, as defined
6in section 321N.1, provided the vehicle is not in motion.
7(3) For purposes of this paragraph “a”, the following
8definitions apply:
9(a) “Electronic device” means the same as defined in section
10321.276.
11(b) “Voice-activated or hands-free mode” means the same as
12defined in section 321.276.
13 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
142022, is amended by striking the paragraph.
15 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
162022, is amended to read as follows:
17l. Writing, sending, or viewing an Use of electronic message
18 device while driving violations. For violations under section
19321.276, the scheduled fine is forty-five one hundred dollars.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23Under current law, Code section 321.276 prohibits the use of
24hand-held electronic communication devices to write, send, or
25view electronic messages while driving a motor vehicle. This
26bill expands Code section 321.276 to prohibit any use of an
27electronic device while driving. The bill defines the terms
28“electronic device” and “voice-activated or hands-free mode”.
29The bill provides exceptions for the use of an electronic
30device in a voice-activated or hands-free mode, for members of
31a public safety agency performing official duties, for health
32care professionals in the course of emergency situations, for
33the purpose of receiving safety-related information, for the
34purpose of reporting an emergency situation, for certain radio
35operators, for members of a public transit system performing
-7-1official duties while in a vehicle that is not in motion, for
2utility maintenance employees or contractors for the purpose
3of providing utility services, and for transportation network
4company drivers engaged in a prearranged ride while the vehicle
5is not in motion.
6The bill makes a violation of Code section 321.276 a moving
7violation. Under current law, a moving violation can be
8considered for purposes of administrative suspension of a
9driver’s license or to establish habitual offender status.
10However, a peace officer is required to issue a warning
11memorandum in lieu of a citation for violations that occur
12during the period between the effective date of the bill and
13January 1, 2023.
14The bill increases the scheduled fine for a violation of Code
15section 321.276 from $45 to $100. Under Code section 321.482A,
16if a person is convicted for a violation and if the violation
17causes a serious injury, a court could impose an additional
18fine of $500 or suspend the person’s driver’s license for not
19more than 90 days, or both. If a person is convicted for a
20violation and if the violation causes a death, a court could
21impose an additional fine of $1,000 or suspend the person’s
22driver’s license for not more than 180 days, or both.
23The bill makes corresponding changes to Code sections
24321.238 (preemption of local legislation) and 707.6A (homicide
25or serious injury by vehicle) to align those provisions to the
26provisions of Code section 321.276 as amended by the bill.
27The bill also makes corresponding changes to Code sections
28321.178, 321.180B, and 321.194, by striking provisions relating
29to the use of electronic communication devices while driving
30by persons under the age of 18 who are issued certain types
31of driver’s licenses, thereby making Code section 321.276 as
32amended by the bill applicable to such persons.
-8-th/ns