Bill Text: IA SF2004 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the use of hand-held electronic communication devices while driving, and making penalties applicable.

Sponsorship: Partisan Bill (Independent 1)

Status: (Introduced - Dead) 2016-01-11 - Introduced, referred to Transportation. S.J. 31. [SF2004 Detail]

Download: Iowa-2015-SF2004-Introduced.html

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Senate File 2004 - Introduced




                                 SENATE FILE       
                                 BY  JOHNSON

                                      A BILL FOR

  1 An Act relating to the use of hand=held electronic
  2    communication devices while driving, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.276, Code 2016, is amended to read
  1  2 as follows:
  1  3    321.276  Use of electronic communication device while driving
  1  4  == text=messaging.
  1  5    1.  For purposes of this section:
  1  6    a.  "Engage in a call" means talking or listening on a mobile
  1  7 telephone or other portable electronic communication device.
  1  8 "Electronic message" means a self=contained piece of digital
  1  9 communication that is designed or intended to be transmitted
  1 10 between physical devices. "Electronic message" includes but is
  1 11 not limited to telephone calls, video calls, electronic mail,
  1 12 text messages, instant messages, and commands or requests to
  1 13 access an internet site.
  1 14    b.  "Hand=held electronic communication device" means a
  1 15 mobile telephone or other portable electronic communication
  1 16 device capable of being used to write compose, send, receive,
  1 17  or read a text an electronic message. "Hand=held electronic
  1 18 communication device" does not include a voice=operated or
  1 19 hands=free device which allows the user to write compose, send,
  1 20 receive, or read a text an electronic message without the use
  1 21 of either hand except to activate or deactivate a feature or
  1 22 function. "Hand=held electronic communication device" does not
  1 23 include a wireless communication device used to transmit or
  1 24 receive data as part of a digital dispatch system. "Hand=held
  1 25 electronic communication device" includes a device which is
  1 26 temporarily mounted inside the motor vehicle, unless the device
  1 27 is a voice=operated or hands=free device.
  1 28    c.  "Text message" includes a text=based message, an instant
  1 29 message, and electronic mail.
  1 30    d.  The terms "write", "send", and "read", with respect
  1 31 to a text message, mean the manual entry, transmission, and
  1 32 retrieval of a text message, respectively, to communicate with
  1 33 any other person or device.
  1 34    2.  A person shall not use a hand=held electronic
  1 35 communication device to write, send, or read a text message
  2  1  while driving a motor vehicle unless the motor vehicle is at a
  2  2 complete stop off the traveled portion of the roadway.
  2  3    a.  A person does not violate this section by using a global
  2  4 positioning system or navigation system or when, for the
  2  5 purpose of engaging in a call, the person selects or enters a
  2  6 telephone number or name in a hand=held mobile telephone or
  2  7 activates, deactivates, or initiates a function of a hand=held
  2  8 mobile telephone.
  2  9    b.  The provisions of this subsection relating to reading a
  2 10 text message do not apply to the following persons:
  2 11    (1)  A member of a public safety agency, as defined in
  2 12 section 34.1, performing official duties.
  2 13    (2)  A health care professional in the course of an emergency
  2 14 situation.
  2 15    (3)  A person sending or receiving safety=related
  2 16 information including emergency, traffic, or weather alerts.
  2 17    3.  Nothing in this section shall be construed to authorize
  2 18 a peace officer to confiscate a portable hand=held electronic
  2 19 communication device from the driver or occupant of a motor
  2 20 vehicle.
  2 21    4.  a.  A person convicted of a violation of this section
  2 22 is guilty of a simple misdemeanor punishable as a scheduled
  2 23 violation under section 805.8A, subsection 14, paragraph "l".
  2 24    b.  A violation of this section shall not be considered a
  2 25 moving violation for purposes of this chapter or rules adopted
  2 26 pursuant to this chapter.
  2 27    5.  A peace officer shall not stop or detain a person solely
  2 28 for a suspected violation of this section. This section is
  2 29 enforceable by a peace officer only as a secondary action when
  2 30 the driver of a motor vehicle has been stopped or detained for
  2 31 a suspected violation of another provision of this chapter, a
  2 32 local ordinance equivalent to a provision of this chapter, or
  2 33 other law.
  2 34    6.  5.  The department, in cooperation with the department of
  2 35 public safety, shall establish educational programs to foster
  3  1 compliance with the requirements of this section.
  3  2    Sec. 2.  Section 805.8A, subsection 14, paragraph l, Code
  3  3 2016, is amended to read as follows:
  3  4    l.  Text=messaging Use of electronic communication device
  3  5  while driving violations.  For violations under section 321.276,
  3  6 the scheduled fine is thirty dollars.
  3  7                           EXPLANATION
  3  8 The inclusion of this explanation does not constitute agreement with
  3  9 the explanation's substance by the members of the general assembly.
  3 10    Currently, Code section 321.276 prohibits the use of a
  3 11 hand=held electronic communication device to write, send, or
  3 12 read a text message while driving a motor vehicle. This bill
  3 13 expands that provision to prohibit any use of a hand=held
  3 14 electronic communication device while driving. A hand=held
  3 15 electronic communication device is a device used to compose,
  3 16 send, receive, or read any electronic message, including
  3 17 telephone calls, video calls, electronic mail, text messages,
  3 18 instant messages, and commands or requests to access an
  3 19 internet site. However, the bill does not alter the exceptions
  3 20 existing under current law, including the use of hands=free
  3 21 devices and global positioning systems while driving. The
  3 22 bill eliminates the provision prohibiting a peace officer from
  3 23 stopping or detaining a person solely for a violation of Code
  3 24 section 321.276.
  3 25    The bill rewords the applicable scheduled fine provision
  3 26 to comply with the bill. The scheduled fine for a violation
  3 27 of Code section 321.276 remains $30. Under current law, the
  3 28 offense is not a moving violation, and therefore cannot be
  3 29 considered for purposes of administrative suspension of a
  3 30 driver's license or to establish habitual offender status.
  3 31 However, under Code section 321.482A, if the violation causes a
  3 32 serious injury, a court could impose an additional fine of $500
  3 33 or suspend the person's driver's license for not more than 90
  3 34 days, or both. If the violation causes a death, a court could
  3 35 impose an additional fine of $1,000 or suspend the person's
  4  1 driver's license for not more than 180 days, or both.
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