Bill Text: IA SSB1139 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of an electronic communication device while driving, and making penalties applicable.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-08 - Subcommittee reassigned: Rozenboom, Dickey, and Giddens. [SSB1139 Detail]
Download: Iowa-2021-SSB1139-Introduced.html
Senate
Study
Bill
1139
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
the
use
of
an
electronic
communication
1
device
while
driving,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
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Section
1.
Section
321.210,
subsection
2,
paragraph
e,
Code
1
2021,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
321.276,
subsection
1,
Code
2021,
is
amended
3
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
4
following:
5
1.
For
purposes
of
this
section:
6
a.
“Electronic
communication
device”
means
an
electronic
7
device
capable
of
being
used
to
compose,
send,
receive,
or
8
read
an
electronic
message.
“Electronic
communication
device”
9
includes
but
is
not
limited
to
a
telephone,
personal
digital
10
assistant,
and
portable
or
mobile
computer.
“Electronic
11
communication
device”
does
not
include
a
device
that
is
12
physically
or
electronically
integrated
into
a
motor
vehicle,
13
including
but
not
limited
to
an
integrated
global
positioning
14
system
or
navigation
system.
15
b.
“Electronic
message”
means
a
self-contained
piece
of
16
digital
communication,
whether
verbal
or
written,
that
is
17
designed
or
intended
to
be
transmitted
between
electronic
18
communication
devices.
“Electronic
message”
includes
but
is
not
19
limited
to
a
telephone
call,
video
call,
electronic
mail,
text
20
message,
instant
message,
and
command
or
request
to
access
an
21
internet
site.
22
Sec.
3.
Section
321.276,
subsections
2,
3,
and
4,
Code
2021,
23
are
amended
to
read
as
follows:
24
2.
A
person
shall
not
use
a
hand-held
an
electronic
25
communication
device
to
write,
send,
or
view
an
electronic
26
message
while
driving
a
motor
vehicle
unless
the
motor
vehicle
27
is
at
a
complete
stop
off
the
traveled
portion
of
the
roadway.
28
a.
A
person
does
not
violate
this
section
by
using
a
global
29
positioning
system
or
navigation
system
or
when,
for
the
30
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
31
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
32
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
33
mobile
telephone
an
electronic
communication
device
in
a
34
hands-free
mode
.
35
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b.
The
provisions
of
this
subsection
relating
to
writing,
1
sending,
or
viewing
an
electronic
message
the
use
of
an
2
electronic
communication
device
do
not
apply
to
the
following
3
persons:
4
(1)
A
member
of
a
public
safety
agency,
as
defined
in
5
section
34.1
,
performing
official
duties.
6
(2)
A
health
care
professional
in
the
course
of
an
emergency
7
situation.
8
(3)
A
person
receiving
safety-related
information
including
9
emergency,
traffic,
or
weather
alerts
using
an
electronic
10
communication
device
for
the
purpose
of
reporting
an
emergency
11
situation,
including
any
continued
communication
with
emergency
12
personnel
during
the
emergency
situation
.
13
(4)
A
person
using
an
electronic
communication
device
14
by
pressing
a
single
button
to
initiate
or
terminate
a
voice
15
communication.
16
3.
Nothing
in
this
section
shall
be
construed
to
authorize
17
a
peace
officer
to
confiscate
a
hand-held
an
electronic
18
communication
device
from
the
driver
or
occupant
of
a
motor
19
vehicle.
20
4.
a.
A
person
convicted
of
a
violation
of
this
section
21
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
22
violation
under
section
805.8A,
subsection
14
,
paragraph
“l”
.
23
b.
A
violation
of
this
section
shall
not
be
considered
a
24
moving
violation
for
purposes
of
this
chapter
or
rules
adopted
25
pursuant
to
this
chapter
.
26
Sec.
4.
Section
321.555,
subsection
2,
Code
2021,
is
amended
27
to
read
as
follows:
28
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
29
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
30
are
required
to
be
reported
to
the
department
by
section
31
321.491
or
chapter
321C
,
except
equipment
violations,
parking
32
violations
as
defined
in
section
321.210
,
violations
of
33
registration
laws,
violations
of
sections
321.445
and
321.446
,
34
violations
of
section
321.276
,
operating
a
vehicle
with
an
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expired
license
or
permit,
failure
to
appear,
weights
and
1
measures
violations
and
speeding
violations
of
less
than
2
fifteen
miles
per
hour
over
the
legal
speed
limit.
3
Sec.
5.
Section
707.6A,
subsection
2,
paragraph
a,
4
subparagraphs
(1),
(2),
and
(3),
Code
2021,
are
amended
by
5
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
6
following:
7
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
an
8
electronic
communication
device
while
driving
a
motor
vehicle
9
shall
be
considered
prima
facie
evidence
that
the
person
was
10
driving
the
motor
vehicle
in
a
reckless
manner
with
willful
11
or
wanton
disregard
for
the
safety
of
persons
or
property,
in
12
violation
of
section
321.277.
13
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
14
(a)
A
person
using
an
electronic
communication
device
in
a
15
hands-free
mode.
16
(b)
A
member
of
a
public
safety
agency,
as
defined
in
17
section
34.1,
performing
official
duties.
18
(c)
A
health
care
professional
in
the
course
of
an
emergency
19
situation.
20
(d)
A
person
using
an
electronic
communication
device
for
21
the
purpose
of
reporting
an
emergency
situation,
including
any
22
continued
communication
with
emergency
personnel
during
the
23
emergency
situation.
24
(e)
A
person
using
an
electronic
communication
device
25
by
pressing
a
single
button
to
initiate
or
terminate
a
voice
26
communication.
27
(3)
For
purposes
of
this
paragraph
“a”
,
“electronic
28
communication
device”
means
the
same
as
defined
in
section
29
321.276.
30
Sec.
6.
Section
805.8A,
subsection
14,
paragraph
l,
Code
31
2021,
is
amended
to
read
as
follows:
32
l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
33
communication
device
while
driving
violations.
For
violations
34
under
section
321.276
,
the
scheduled
fine
is
forty-five
one
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hundred
dollars.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
Under
current
law,
Code
section
321.276
prohibits
the
use
5
of
hand-held
electronic
communication
devices
to
write,
send,
6
or
view
electronic
messages
while
driving
a
motor
vehicle.
7
This
bill
expands
Code
section
321.276
to
prohibit
any
use
8
of
an
electronic
communication
device
while
driving.
The
9
bill
defines
the
terms
“electronic
communication
device”
and
10
“electronic
message”.
11
The
bill
exempts
the
use
of
an
electronic
communication
12
device
in
a
hands-free
mode,
for
members
of
a
public
13
safety
agency
performing
official
duties,
for
health
care
14
professionals
in
the
course
of
emergency
situations,
for
the
15
purpose
of
reporting
an
emergency
situation,
or
by
pressing
a
16
single
button
to
initiate
or
terminate
a
voice
communication.
17
The
bill
makes
a
violation
of
Code
section
321.276
a
moving
18
violation.
Under
current
law,
a
moving
violation
can
be
19
considered
for
purposes
of
administrative
suspension
of
a
20
driver’s
license
or
to
establish
habitual
offender
status.
21
The
bill
increases
the
scheduled
fine
for
a
violation
of
Code
22
section
321.276
from
$45
to
$100.
Under
Code
section
321.482A,
23
if
the
violation
causes
a
serious
injury,
a
court
could
impose
24
an
additional
fine
of
$500
or
suspend
the
person’s
driver’s
25
license
for
not
more
than
90
days,
or
both.
If
the
violation
26
causes
a
death,
a
court
could
impose
an
additional
fine
of
27
$1,000
or
suspend
the
person’s
driver’s
license
for
not
more
28
than
180
days,
or
both.
29
The
bill
makes
corresponding
changes
to
Code
section
707.6A
30
(homicide
or
serious
injury
by
vehicle)
to
align
the
provisions
31
of
that
Code
section
related
to
the
use
of
an
electronic
32
communication
device
while
driving
to
the
provisions
of
Code
33
section
321.276
as
amended
by
the
bill.
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