Iowa-2021-SSB1139-Introduced

S.F. _____ H.F. _____ 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 -1- LSB 1350XD (1) 89 th/ns 1/ 4

S.F. _____ H.F. _____ 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 35 -2- LSB 1350XD (1) 89 th/ns 2/ 4

S.F. _____ H.F. _____ 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 35 -3- LSB 1350XD (1) 89 th/ns 3/ 4

S.F. _____ H.F. _____ 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. 34 -4- LSB 1350XD (1) 89 th/ns 4/ 4