Bill Text: IA HF2119 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of an electronic communication device in a voice-activated or hands-free mode while driving, and providing penalties. (See HF 2375.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-11 - Committee report, recommending amendment and passage. H.J. 254. [HF2119 Detail]
Download: Iowa-2019-HF2119-Introduced.html
House
File
2119
-
Introduced
HOUSE
FILE
2119
BY
A.
MEYER
A
BILL
FOR
An
Act
relating
to
the
use
of
an
electronic
communication
1
device
in
a
voice-activated
or
hands-free
mode
while
2
driving,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.210,
subsection
2,
paragraph
e,
Code
1
2020,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
321.276,
subsection
1,
Code
2020,
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.
11
b.
“Voice-activated
or
hands-free
mode”
means
an
attachment,
12
accessory,
application,
wireless
connection,
or
built-in
13
feature
of
an
electronic
communication
device
or
motor
vehicle
14
that
allows
a
person
to
use
verbal
or
single-touch
commands
to
15
activate
or
deactivate
the
device
or
a
function
or
software
16
application
of
the
device.
“Voice-activated
or
hands-free
17
mode”
does
not
include
accessing
nonnavigation
video
content,
18
engaging
in
a
video
call,
accessing
or
engaging
in
video
19
streaming,
accessing
gaming
data,
or
reading
an
electronic
20
message.
21
Sec.
3.
Section
321.276,
subsections
2,
3,
and
4,
Code
2020,
22
are
amended
to
read
as
follows:
23
2.
A
person
shall
not
use
a
hand-held
an
electronic
24
communication
device
to
write,
send,
or
view
an
electronic
25
message
while
driving
a
motor
vehicle
unless
the
motor
vehicle
26
is
at
a
complete
stop
off
the
traveled
portion
of
the
roadway.
27
a.
A
person
does
not
violate
this
section
by
using
a
global
28
positioning
system
or
navigation
system
or
when,
for
the
29
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
30
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
31
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
32
mobile
telephone
an
electronic
communication
device
in
a
33
voice-activated
or
hands-free
mode
.
34
b.
The
provisions
of
this
subsection
relating
to
writing,
35
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sending,
or
viewing
an
electronic
message
the
use
of
an
1
electronic
communication
device
do
not
apply
to
the
following
2
persons:
3
(1)
A
member
of
a
public
safety
agency,
as
defined
in
4
section
34.1
,
performing
official
duties.
5
(2)
A
health
care
professional
in
the
course
of
an
emergency
6
situation.
7
(3)
A
person
receiving
safety-related
information
including
8
emergency
,
traffic,
or
weather
alerts.
9
(4)
A
person
using
an
electronic
communication
device
for
10
the
purpose
of
reporting
an
emergency
situation,
including
any
11
continued
communication
with
emergency
personnel
during
the
12
emergency
situation.
13
3.
Nothing
in
this
section
shall
be
construed
to
authorize
14
a
peace
officer
to
confiscate
a
hand-held
an
electronic
15
communication
device
from
the
driver
or
occupant
of
a
motor
16
vehicle.
17
4.
a.
A
person
convicted
of
a
violation
of
this
section
18
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
19
violation
under
section
805.8A,
subsection
14
,
paragraph
“l”
.
20
b.
A
violation
of
this
section
shall
not
be
considered
a
21
moving
violation
for
purposes
of
this
chapter
or
rules
adopted
22
pursuant
to
this
chapter
.
23
c.
Notwithstanding
paragraphs
“a”
and
“b”
,
a
peace
officer
24
shall
issue
a
warning
memorandum
in
lieu
of
a
citation
to
a
25
person
for
violating
this
section.
This
paragraph
is
repealed
26
January
1,
2021.
27
Sec.
4.
Section
321.555,
subsection
2,
Code
2020,
is
amended
28
to
read
as
follows:
29
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
30
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
31
are
required
to
be
reported
to
the
department
by
section
32
321.491
or
chapter
321C
,
except
equipment
violations,
parking
33
violations
as
defined
in
section
321.210
,
violations
of
34
registration
laws,
violations
of
sections
321.445
and
321.446
,
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violations
of
section
321.276
,
operating
a
vehicle
with
an
1
expired
license
or
permit,
failure
to
appear,
weights
and
2
measures
violations
and
speeding
violations
of
less
than
3
fifteen
miles
per
hour
over
the
legal
speed
limit.
4
Sec.
5.
Section
707.6A,
subsection
2,
paragraph
a,
5
subparagraphs
(1),
(2),
and
(3),
Code
2020,
are
amended
by
6
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
7
following:
8
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
an
9
electronic
communication
device
while
driving
a
motor
vehicle
10
shall
be
considered
prima
facie
evidence
that
the
person
was
11
driving
the
motor
vehicle
in
a
reckless
manner
with
willful
12
or
wanton
disregard
for
the
safety
of
persons
or
property,
in
13
violation
of
section
321.277.
14
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
15
(a)
A
member
of
a
public
safety
agency,
as
defined
in
16
section
34.1,
performing
official
duties.
17
(b)
A
health
care
professional
in
the
course
of
an
emergency
18
situation.
19
(c)
A
person
receiving
safety-related
information
including
20
emergency
or
weather
alerts.
21
(d)
A
person
using
an
electronic
communication
device
for
22
the
purpose
of
reporting
an
emergency
situation,
including
any
23
continued
communication
with
emergency
personnel
during
the
24
emergency
situation.
25
(e)
A
person
using
an
electronic
communication
device
in
a
26
voice-activated
or
hands-free
mode.
27
(3)
For
purposes
of
this
paragraph
“a”
,
the
following
28
definitions
apply:
29
(a)
“Electronic
communication
device”
means
the
same
as
30
defined
in
section
321.276.
31
(b)
“Voice-activated
or
hands-free
mode”
means
the
same
as
32
defined
in
section
321.276.
33
Sec.
6.
Section
805.8A,
subsection
14,
paragraph
l,
Code
34
2020,
is
amended
to
read
as
follows:
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l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
1
communication
device
while
driving
violations.
For
violations
2
under
section
321.276
,
the
scheduled
fine
is
thirty
one
hundred
3
dollars.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
Under
current
law,
Code
section
321.276
prohibits
the
use
8
of
hand-held
electronic
communication
devices
to
write,
send,
9
or
view
electronic
messages
while
driving
a
motor
vehicle.
10
This
bill
expands
Code
section
321.276
to
prohibit
any
use
11
of
an
electronic
communication
device
while
driving.
The
12
bill
defines
the
terms
“electronic
communication
device”
and
13
“voice-activated
or
hands-free
mode”.
14
The
bill
exempts
the
use
of
an
electronic
communication
15
device
in
a
voice-activated
or
hands-free
mode,
for
members
of
16
a
public
safety
agency
performing
official
duties,
for
health
17
care
professionals
in
the
course
of
emergency
situations,
for
18
the
purpose
of
receiving
safety-related
information,
or
for
the
19
purpose
of
reporting
an
emergency
situation.
20
The
bill
makes
a
violation
of
Code
section
321.276
a
moving
21
violation.
Under
current
law,
a
moving
violation
can
be
22
considered
for
purposes
of
administrative
suspension
of
a
23
driver’s
license
or
to
establish
habitual
offender
status.
24
However,
a
peace
officer
is
required
to
issue
a
warning
25
memorandum
in
lieu
of
a
citation
for
violations
that
occur
26
during
the
period
of
time
between
the
effective
date
of
the
27
bill
and
January
1,
2021.
28
The
bill
increases
the
scheduled
fine
for
a
violation
of
Code
29
section
321.276
from
$30
to
$100.
Under
Code
section
321.482A,
30
if
the
violation
causes
a
serious
injury,
a
court
could
impose
31
an
additional
fine
of
$500
or
suspend
the
person’s
driver’s
32
license
for
not
more
than
90
days,
or
both.
If
the
violation
33
causes
a
death,
a
court
could
impose
an
additional
fine
of
34
$1,000
or
suspend
the
person’s
driver’s
license
for
not
more
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than
180
days,
or
both.
1
The
bill
makes
corresponding
changes
to
Code
section
707.6A
2
(homicide
or
serious
injury
by
vehicle)
to
align
the
provisions
3
of
that
Code
section
related
to
the
use
of
an
electronic
4
communication
device
while
driving
to
the
provisions
of
Code
5
section
321.276
as
amended
by
the
bill.
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