Bill Text: IA SF33 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to driving while engaged in a distracting activity and providing penalties.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF33 Detail]
Download: Iowa-2013-SF33-Introduced.html
Senate
File
33
-
Introduced
SENATE
FILE
33
BY
JOHNSON
A
BILL
FOR
An
Act
relating
to
driving
while
engaged
in
a
distracting
1
activity
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
321.210,
subsection
2,
paragraph
e,
Code
1
2013,
is
amended
to
read
as
follows:
2
e.
Violations
of
section
321.276
321.276A
.
3
Sec.
2.
NEW
SECTION
.
321.276A
Driving
while
distracted
——
4
penalty.
5
1.
a.
A
person
shall
not
engage
in
a
distracting
activity
6
while
operating
a
motor
vehicle
unless
the
motor
vehicle
is
at
7
a
complete
stop
off
the
traveled
portion
of
the
roadway.
8
b.
For
purposes
of
this
section,
“distracting
activity”
9
means
any
activity
that
is
not
immediately
necessary
to
the
10
operation
of
the
motor
vehicle
and
that
impairs,
or
could
11
reasonably
be
expected
to
impair,
the
person’s
ability
to
drive
12
safely.
“Distracting
activity”
includes
but
is
not
limited
to
13
the
use
of
a
wireless
telephone.
14
2.
This
section
does
not
apply
to
a
member
of
a
public
15
safety
agency,
as
defined
in
section
34.1,
while
engaged
in
the
16
performance
of
the
member’s
official
duties.
17
3.
A
person
convicted
of
a
violation
of
this
section
commits
18
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
19
section
805.8A,
subsection
6,
paragraph
“0c”
.
20
Sec.
3.
Section
321.482A,
unnumbered
paragraph
1,
Code
21
2013,
is
amended
to
read
as
follows:
22
Notwithstanding
section
321.482
,
a
person
who
is
convicted
23
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
24
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
25
321.180B,
subsection
6
,
section
321.194,
subsection
1
,
26
paragraph
“c”
,
section
321.256
,
section
321.257
,
section
27
321.275,
subsection
4
,
section
321.276
321.276A
,
321.297
,
28
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
29
321.307
,
321.308
,
section
321.309,
subsection
2
,
or
section
30
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
321.324
,
31
321.324A
,
321.327
,
321.329
,
321.333
,
or
321.372,
subsection
3
,
32
causing
serious
injury
to
or
the
death
of
another
person
may
be
33
subject
to
the
following
penalties
in
addition
to
the
penalty
34
provided
for
a
scheduled
violation
in
section
805.8A
or
any
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other
penalty
provided
by
law:
1
Sec.
4.
Section
321.555,
subsection
2,
Code
2013,
is
amended
2
to
read
as
follows:
3
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
4
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
5
are
required
to
be
reported
to
the
department
by
section
6
321.491
or
chapter
321C
,
except
equipment
violations,
parking
7
violations
as
defined
in
section
321.210
,
violations
of
8
registration
laws,
violations
of
sections
321.445
and
321.446
,
9
violations
of
section
321.276
321.276A
,
operating
a
vehicle
10
with
an
expired
license
or
permit,
failure
to
appear,
weights
11
and
measures
violations
and
speeding
violations
of
less
than
12
fifteen
miles
per
hour
over
the
legal
speed
limit.
13
Sec.
5.
Section
805.8A,
subsection
6,
Code
2013,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
0c.
Section
321.276A
...............
$30.
16
Sec.
6.
Section
805.8A,
subsection
14,
paragraph
l,
Code
17
2013,
is
amended
by
striking
the
paragraph.
18
Sec.
7.
REPEAL.
Section
321.276,
Code
2013,
is
repealed.
19
EXPLANATION
20
This
bill
prohibits
a
person
from
engaging
in
a
distracting
21
activity
while
operating
a
motor
vehicle.
22
The
bill
repeals
Code
section
321.276,
which
prohibits
a
23
person
from
using
a
hand-held
electronic
communication
device
24
to
write,
send,
or
read
a
text
message
while
driving
a
motor
25
vehicle.
The
Code
section
is
only
enforceable
as
a
secondary
26
action
when
a
peace
officer
stops
or
detains
a
driver
for
a
27
suspected
violation
of
another
motor
vehicle
law.
A
violation
28
is
punishable
by
a
scheduled
fine
of
$30,
with
higher
penalties
29
applicable
if
the
violation
causes
serious
injury
to
or
the
30
death
of
another
person.
A
violation
may
not
be
considered
by
31
the
department
of
transportation
for
purposes
of
suspending
32
a
person’s
driver’s
license
or
determining
a
person
to
be
a
33
habitual
offender.
34
The
bill
establishes
the
broader
offense
of
driving
while
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engaged
in
a
distracting
activity,
which
is
defined
to
mean
any
1
activity
that
is
not
immediately
necessary
to
the
operation
2
of
the
motor
vehicle
and
that
impairs,
or
could
reasonably
3
be
expected
to
impair,
the
person’s
ability
to
drive
safely.
4
The
bill
specifies
that
the
use
of
a
wireless
telephone
is
a
5
distracting
activity.
The
bill
does
not
apply
to
a
driver
6
when
the
motor
vehicle
is
at
a
complete
stop
off
the
traveled
7
portion
of
the
roadway,
and
the
bill
does
not
apply
to
members
8
of
public
safety
agencies
while
engaged
in
the
performance
of
9
official
duties.
10
Under
the
bill,
driving
while
distracted
is
enforceable
as
a
11
primary
offense,
but
may
not
be
considered
by
the
department
12
of
transportation
for
purposes
of
driver’s
license
suspensions
13
or
habitual
offender
determinations.
A
person
convicted
14
of
driving
while
distracted
commits
a
simple
misdemeanor
15
punishable
by
a
scheduled
fine
of
$30.
If
the
violation
causes
16
serious
injury
to
another
person,
the
court
may
impose
an
17
additional
fine
of
$500
or
suspension
of
the
person’s
driver’s
18
license
for
not
more
than
90
days,
or
both.
If
the
violation
19
causes
the
death
of
another
person,
the
court
may
impose
an
20
additional
fine
of
$1,000
or
suspend
the
person’s
driver’s
21
license
for
not
more
than
180
days,
or
both.
22
Under
current
law,
young
drivers
who
have
an
instruction
23
permit,
an
intermediate
license,
a
special
minor’s
license
24
(school
license),
or
a
restricted
license
to
travel
to
and
from
25
work
are
prohibited
from
using
an
electronic
communication
26
device
or
an
electronic
entertainment
device
while
driving.
27
A
violation
is
not
considered
a
moving
violation,
but
is
28
considered
to
be
a
violation
of
the
restrictions
of
the
29
driver’s
license,
punishable
by
license
sanctions
in
addition
30
to
a
scheduled
fine
of
$50.
The
bill
does
not
affect
this
31
current
law
relating
specifically
to
the
use
of
electronic
32
devices
by
young
drivers.
The
new
provisions
under
the
bill
33
prohibiting
distracted
driving
would
also
apply
to
young
34
drivers.
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Currently
under
Code
section
321.238,
the
provisions
of
Iowa
1
law
restricting
the
use
of
electronic
communication
devices
or
2
electronic
entertainment
devices
by
a
motor
vehicle
operator
3
preempt
any
county
or
municipal
ordinance
relating
to
such
use.
4
The
bill
does
not
affect
that
preemption
provision.
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