Bill Text: IA SF234 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the use of electronic communication devices to write, send, or view electronic messages while driving as a primary offense, and making penalties applicable. (Formerly SSB 1002.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-17 - Signed by Governor. S.J. 1043. [SF234 Detail]

Download: Iowa-2017-SF234-Enrolled.html

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Senate File 234 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON
                                  TRANSPORTATION

                              (SUCCESSOR TO SSB
                                  1002)
 \5
                                   A BILL FOR
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                                        Senate File 234

                             AN ACT
 RELATING 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
 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 WHITVER


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            TERRY E. BRANSTA

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