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House Study Bill 139 - IntroducedA Bill ForAn Act 1relating to the use of electronic communication devices
2while driving, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.210, subsection 2, paragraph e, Code
22017, is amended by striking the paragraph.
3 Sec. 2. Section 321.276, Code 2017, is amended to read as
4follows:
5321.276 Use of electronic communication device while driving
6— text-messaging.
71. For purposes of this section:
8a. “Engage in a call” means talking or listening on a mobile
9telephone or other portable electronic communication device.
10 “Electronic communication device” means an electronic device
11capable of being used to compose, send, receive, or read an
12electronic message. “Electronic communication device” includes
13but is not limited to telephones, personal digital assistants,
14and portable or mobile computers.
15b. “Hand-held electronic communication device” means a mobile
16telephone or other portable electronic communication device
17capable of being used to write, send, or read a text message.
18“Hand-held electronic communication device” does not include a
19voice-operated or hands-free device which allows the user to
20write, send, or read a text message without the use of either
21hand except to activate or deactivate a feature or function.
22“Hand-held electronic communication device” does not include a
23wireless communication device used to transmit or receive data
24as part of a digital dispatch system. “Hand-held electronic
25communication device” includes a device which is temporarily
26mounted inside the motor vehicle, unless the device is a
27voice-operated or hands-free device. “Electronic message” means
28a self-contained piece of digital communication, whether verbal
29or written, that is designed or intended to be transmitted
30between electronic communication devices. “Electronic message”
31 includes but is not limited to telephone calls, video calls,
32electronic mail, text messages, instant messages, and commands
33or requests to access an internet site.
34c. “Text message” includes a text-based message, an instant
35message, and electronic mail.
-1- 1d. The terms “write”, “send”, and “read”, with respect
2to a text message, mean the manual entry, transmission, and
3retrieval of a text message, respectively, to communicate with
4any other person or device.
52. A person shall not use a hand-held an electronic
6communication device to write, send, or read a text message
7 while driving a motor vehicle unless the motor vehicle is at a
8complete stop off the traveled portion of the roadway.
9a. A person does not violate this section by using a global
10positioning system or navigation system or when, for the
11purpose of engaging in a call, the person selects or enters a
12telephone number or name in a hand-held mobile telephone or
13activates, deactivates, or initiates a function of a hand-held
14mobile telephone by using an electronic communication device in
15a hands-free mode.
16b. The provisions of this subsection relating to reading a
17text message the use of an electronic communication device do
18not apply to the following persons:
19(1) A member of a public safety agency, as defined in
20section 34.1, performing official duties.
21(2) A health care professional in the course of an emergency
22situation.
23(3) A person sending or receiving safety-related
24information including emergency, traffic, or weather alerts.
253. Nothing in this section shall be construed to authorize
26a peace officer to confiscate a portable an electronic
27communication device from the driver or occupant of a motor
28vehicle.
294. a. A person convicted of a violation of this section
30is guilty of a simple misdemeanor punishable as a scheduled
31violation under section 805.8A, subsection 14, paragraph “l”.
32b. A violation of this section shall not be considered a
33moving violation for purposes of this chapter or rules adopted
34pursuant to this chapter.
355. A peace officer shall not stop or detain a person solely
-2-1for a suspected violation of this section. This section is
2enforceable by a peace officer only as a secondary action when
3the driver of a motor vehicle has been stopped or detained for
4a suspected violation of another provision of this chapter, a
5local ordinance equivalent to a provision of this chapter, or
6other law.
76. 5. The department, in cooperation with the department of
8public safety, shall establish educational programs to foster
9compliance with the requirements of this section.
10 Sec. 3. Section 321.555, subsection 2, Code 2017, is amended
11to read as follows:
122. Six or more of any separate and distinct offenses within
13a two-year period in the operation of a motor vehicle, which
14are required to be reported to the department by section
15321.491 or chapter 321C, except equipment violations, parking
16violations as defined in section 321.210, violations of
17registration laws, violations of sections 321.445 and 321.446,
18violations of section 321.276, operating a vehicle with an
19expired license or permit, failure to appear, weights and
20measures violations and speeding violations of less than
21fifteen miles per hour over the legal speed limit.
22 Sec. 4. Section 805.8A, subsection 14, paragraph l, Code
232017, is amended to read as follows:
24l. Text-messaging Use of electronic communication device
25 while driving violations. For violations under section 321.276,
26the scheduled fine is thirty dollars.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30Under current law, Code section 321.276 prohibits the
31use of hand-held electronic communication devices to write,
32send, or read text messages while driving a motor vehicle.
33This bill expands that provision to prohibit any use of an
34electronic communication device while driving. An electronic
35communication device is a device capable of being used to
-3-1compose, send, receive, or read an electronic message, and
2includes telephones, personal digital assistants, and portable
3or mobile computers. An electronic message is a self-contained
4piece of digital communication, whether verbal or written, that
5is designed or intended to be transmitted between electronic
6communication devices, and includes telephone calls, video
7calls, electronic mail, text messages, instant messages, and
8commands or requests to access an internet site.
9Generally, the bill does not alter the exceptions existing
10under current law, and adds an exception for the use of an
11electronic communication device in a hands-free mode.
12The bill eliminates the provision prohibiting a peace
13officer from stopping or detaining a person solely for a
14suspected violation of Code section 321.276, and makes a
15violation of Code section 321.276 a moving violation. Under
16current law, a moving violation can be considered for purposes
17of administrative suspension of a driver’s license or to
18establish habitual offender status.
19The bill rewords the applicable scheduled fine provision to
20comply with the bill. The scheduled fine for a violation of
21Code section 321.276 remains $30. Under Code section 321.482A,
22if the violation causes a serious injury, a court could impose
23an additional fine of $500 or suspend the person’s driver’s
24license for not more than 90 days, or both. If the violation
25causes a death, a court could impose an additional fine of
26$1,000 or suspend the person’s driver’s license for not more
27than 180 days, or both.
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2while driving, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.210, subsection 2, paragraph e, Code
22017, is amended by striking the paragraph.
3 Sec. 2. Section 321.276, Code 2017, is amended to read as
4follows:
5321.276 Use of electronic communication device while driving
6— text-messaging.
71. For purposes of this section:
8a. “Engage in a call” means talking or listening on a mobile
9telephone or other portable electronic communication device.
10 “Electronic communication device” means an electronic device
11capable of being used to compose, send, receive, or read an
12electronic message. “Electronic communication device” includes
13but is not limited to telephones, personal digital assistants,
14and portable or mobile computers.
15b. “Hand-held electronic communication device” means a mobile
16telephone or other portable electronic communication device
17capable of being used to write, send, or read a text message.
18“Hand-held electronic communication device” does not include a
19voice-operated or hands-free device which allows the user to
20write, send, or read a text message without the use of either
21hand except to activate or deactivate a feature or function.
22“Hand-held electronic communication device” does not include a
23wireless communication device used to transmit or receive data
24as part of a digital dispatch system. “Hand-held electronic
25communication device” includes a device which is temporarily
26mounted inside the motor vehicle, unless the device is a
27voice-operated or hands-free device. “Electronic message” means
28a self-contained piece of digital communication, whether verbal
29or written, that is designed or intended to be transmitted
30between electronic communication devices. “Electronic message”
31 includes but is not limited to telephone calls, video calls,
32electronic mail, text messages, instant messages, and commands
33or requests to access an internet site.
34c. “Text message” includes a text-based message, an instant
35message, and electronic mail.
-1- 1d. The terms “write”, “send”, and “read”, with respect
2to a text message, mean the manual entry, transmission, and
3retrieval of a text message, respectively, to communicate with
4any other person or device.
52. A person shall not use a hand-held an electronic
6communication device to write, send, or read a text message
7 while driving a motor vehicle unless the motor vehicle is at a
8complete stop off the traveled portion of the roadway.
9a. A person does not violate this section by using a global
10positioning system or navigation system or when, for the
11purpose of engaging in a call, the person selects or enters a
12telephone number or name in a hand-held mobile telephone or
13activates, deactivates, or initiates a function of a hand-held
14mobile telephone by using an electronic communication device in
15a hands-free mode.
16b. The provisions of this subsection relating to reading a
17text message the use of an electronic communication device do
18not apply to the following persons:
19(1) A member of a public safety agency, as defined in
20section 34.1, performing official duties.
21(2) A health care professional in the course of an emergency
22situation.
23(3) A person sending or receiving safety-related
24information including emergency, traffic, or weather alerts.
253. Nothing in this section shall be construed to authorize
26a peace officer to confiscate a portable an electronic
27communication device from the driver or occupant of a motor
28vehicle.
294. a. A person convicted of a violation of this section
30is guilty of a simple misdemeanor punishable as a scheduled
31violation under section 805.8A, subsection 14, paragraph “l”.
32b. A violation of this section shall not be considered a
33moving violation for purposes of this chapter or rules adopted
34pursuant to this chapter.
355. A peace officer shall not stop or detain a person solely
-2-1for a suspected violation of this section. This section is
2enforceable by a peace officer only as a secondary action when
3the driver of a motor vehicle has been stopped or detained for
4a suspected violation of another provision of this chapter, a
5local ordinance equivalent to a provision of this chapter, or
6other law.
76. 5. The department, in cooperation with the department of
8public safety, shall establish educational programs to foster
9compliance with the requirements of this section.
10 Sec. 3. Section 321.555, subsection 2, Code 2017, is amended
11to read as follows:
122. Six or more of any separate and distinct offenses within
13a two-year period in the operation of a motor vehicle, which
14are required to be reported to the department by section
15321.491 or chapter 321C, except equipment violations, parking
16violations as defined in section 321.210, violations of
17registration laws, violations of sections 321.445 and 321.446,
18violations of section 321.276, operating a vehicle with an
19expired license or permit, failure to appear, weights and
20measures violations and speeding violations of less than
21fifteen miles per hour over the legal speed limit.
22 Sec. 4. Section 805.8A, subsection 14, paragraph l, Code
232017, is amended to read as follows:
24l. Text-messaging Use of electronic communication device
25 while driving violations. For violations under section 321.276,
26the scheduled fine is thirty dollars.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30Under current law, Code section 321.276 prohibits the
31use of hand-held electronic communication devices to write,
32send, or read text messages while driving a motor vehicle.
33This bill expands that provision to prohibit any use of an
34electronic communication device while driving. An electronic
35communication device is a device capable of being used to
-3-1compose, send, receive, or read an electronic message, and
2includes telephones, personal digital assistants, and portable
3or mobile computers. An electronic message is a self-contained
4piece of digital communication, whether verbal or written, that
5is designed or intended to be transmitted between electronic
6communication devices, and includes telephone calls, video
7calls, electronic mail, text messages, instant messages, and
8commands or requests to access an internet site.
9Generally, the bill does not alter the exceptions existing
10under current law, and adds an exception for the use of an
11electronic communication device in a hands-free mode.
12The bill eliminates the provision prohibiting a peace
13officer from stopping or detaining a person solely for a
14suspected violation of Code section 321.276, and makes a
15violation of Code section 321.276 a moving violation. Under
16current law, a moving violation can be considered for purposes
17of administrative suspension of a driver’s license or to
18establish habitual offender status.
19The bill rewords the applicable scheduled fine provision to
20comply with the bill. The scheduled fine for a violation of
21Code section 321.276 remains $30. Under Code section 321.482A,
22if the violation causes a serious injury, a court could impose
23an additional fine of $500 or suspend the person’s driver’s
24license for not more than 90 days, or both. If the violation
25causes a death, a court could impose an additional fine of
26$1,000 or suspend the person’s driver’s license for not more
27than 180 days, or both.
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