Bill Summary – FastDemocracy

House File 75 - Introduced
                                  HOUSE FILE 75
                                  BY A. MEYER
                            A BILL FOR
An Act relating to the use of an electronic communication
  device in a voice-activated or hands-free mode while
  driving, providing penalties, and making penalties
  applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 321.178, subsection 2, paragraph
 a, subparagraph (2), Code 2021, is amended by striking the
 subparagraph.
    Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
 Code 2021, are amended to read as follows:
    b. The department may suspend a restricted driver’s license
 issued under this section upon receiving satisfactory evidence
 that the licensee has violated the restrictions imposed under
 paragraph “a”, subparagraph (2), subparagraph division (a).
 The department may also suspend a restricted license issued
 under this section upon receiving a record of the person’s
 conviction for one violation and shall revoke the license upon
 receiving a record of conviction for two or more violations
 of a law of this state or a city ordinance regulating the
 operation of motor vehicles on highways, other than parking
 violations as defined in section 321.210. After revoking a
 license under this section the department shall not grant an
 application for a new license or permit until the expiration
 of one year or until the person attains the age of eighteen,
 whichever is the longer period.
    c. A person who violates the restrictions imposed under
 paragraph “a”, subparagraph (2), subparagraph division (a),
 may be issued a citation under this section and shall not be
 issued a citation under section 321.193. A violation of the
 restrictions imposed under paragraph “a”, subparagraph (2),
 subparagraph division (a), shall not be considered a moving
 violation.
    Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
 2021, is amended to read as follows:
    b. The department may suspend an instruction permit,
 intermediate license, or full license issued under this section
 upon receiving satisfactory evidence that the person issued
 the instruction permit, intermediate license, or full license
 violated the restrictions imposed under subsection 1, or 2, or
 6 during the term of the instruction permit or intermediate
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 license.
    Sec. 4. Section 321.180B, subsection 6, Code 2021, is
 amended by striking the subsection.
    Sec. 5. Section 321.180B, subsection 7, Code 2021, is
 amended to read as follows:
    7. Citations for violation of restrictions. A person who
 violates the restrictions imposed under subsection 1, or 2, or
 6 may be issued a citation under this section and shall not be
 issued a citation under section 321.193. A violation of the
 restrictions imposed under subsection 1, or 2, or 6 shall not
 be considered a moving violation.
    Sec. 6. Section 321.194, subsection 2, paragraph b,
 subparagraph (2), Code 2021, is amended by striking the
 subparagraph.
    Sec. 7. Section 321.210, subsection 2, paragraph e, Code
 2021, is amended by striking the paragraph.
    Sec. 8. Section 321.276, subsection 1, Code 2021, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    1. For purposes of this section:
    a. “Electronic communication device” means an electronic
 device capable of being used to compose, send, receive, or
 read an electronic message. “Electronic communication device”
 includes but is not limited to a telephone, personal digital
 assistant, and portable or mobile computer. “Electronic
 communication device” does not include a device that is
 physically or electronically integrated into a motor vehicle,
 including but not limited to an integrated global positioning
 system or navigation system.
    b. “Voice-activated or hands-free mode” means an attachment,
 accessory, application, wireless connection, or built-in
 feature of an electronic communication device or motor vehicle
 that allows a person to use verbal or single-touch commands to
 activate or deactivate the device or a function or software
 application of the device. “Voice-activated or hands-free
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 mode” does not include accessing nonnavigation video content,
 engaging in a video call, accessing or engaging in video
 streaming, accessing gaming data, or reading an electronic
 message.
    Sec. 9. Section 321.276, subsections 2, 3, and 4, Code 2021,
 are amended to read as follows:
    2. A person shall not use a hand-held an electronic
 communication device to write, send, or view an electronic
 message while driving a motor vehicle unless the motor vehicle
 is at a complete stop off the traveled portion of the roadway.
    a. A person does not violate this section by using a global
 positioning system or navigation system or when, for the
 purpose of engaging in a call, the person selects or enters a
 telephone number or name in a hand-held mobile telephone or
 activates, deactivates, or initiates a function of a hand-held
 mobile telephone an electronic communication device in a
 voice-activated or hands-free mode.
    b. The provisions of this subsection relating to writing,
 sending, or viewing an electronic message the use of an
 electronic communication device do not apply to the following
 persons:
    (1) A member of a public safety agency, as defined in
 section 34.1, performing official duties.
    (2) A health care professional in the course of an emergency
 situation.
    (3) A person receiving safety-related information including
 emergency, traffic, or weather alerts.
    (4) A person using an electronic communication device for
 the purpose of reporting an emergency situation, including any
 continued communication with emergency personnel during the
 emergency situation, or public transit personnel responding to
 a transit-specific situation.
    (5) A person using a two-way radio transmitter or receiver
 who is licensed with the federal communications commission in
 amateur radio service.
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    (6) A member of a public transit system, as defined in
 section 324A.1, performing official duties while in a vehicle
 that is not in motion.
    3. Nothing in this section shall be construed to authorize
 a peace officer to confiscate a hand-held an electronic
 communication device from the driver or occupant of a motor
 vehicle.
    4. a. A person convicted of a violation of this section
 is guilty of a simple misdemeanor punishable as a scheduled
 violation under section 805.8A, subsection 14, paragraph “l”.
    b. A violation of this section shall not be considered a
 moving violation for purposes of this chapter or rules adopted
 pursuant to this chapter.
    c. Notwithstanding paragraphs “a” and “b”, a peace officer
 shall issue a warning memorandum in lieu of a citation to a
 person for violating this section. This paragraph is repealed
 January 1, 2022.
    Sec. 10. Section 321.482A, unnumbered paragraph 1, Code
 2021, is amended to read as follows:
    Notwithstanding section 321.482, a person who is convicted
 of operating a motor vehicle in violation of section 321.178,
 subsection 2, paragraph “a”, subparagraph (2), section
 321.180B, subsection 6, section 321.194, subsection 2,
 paragraph “b”, subparagraph (2), section 321.256, 321.257,
 section 321.275, subsection 4, section 321.276, 321.297,
 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
 321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
 321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
 subsection 3, or section 321.449B, causing serious injury to
 or the death of another person may be subject to the following
 penalties in addition to the penalty provided for a scheduled
 violation in section 805.8A or any other penalty provided by
 law:
    Sec. 11. Section 321.555, subsection 2, Code 2021, is
 amended to read as follows:
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    2. Six or more of any separate and distinct offenses within
 a two-year period in the operation of a motor vehicle, which
 are required to be reported to the department by section
 321.491 or chapter 321C, except equipment violations, parking
 violations as defined in section 321.210, violations of
 registration laws, violations of sections 321.445 and 321.446,
 violations of section 321.276, operating a vehicle with an
 expired license or permit, failure to appear, weights and
 measures violations and speeding violations of less than
 fifteen miles per hour over the legal speed limit.
    Sec. 12. Section 707.6A, subsection 2, paragraph a,
 subparagraphs (1), (2), and (3), Code 2021, are amended by
 striking the subparagraphs and inserting in lieu thereof the
 following:
    (1) For purposes of this paragraph “a”, a person’s use of an
 electronic communication device while driving a motor vehicle
 shall be considered prima facie evidence that the person was
 driving the motor vehicle in a reckless manner with willful
 or wanton disregard for the safety of persons or property, in
 violation of section 321.277.
    (2) Subparagraph (1) does not apply to any of the following:
    (a) A person using an electronic communication device in a
 voice-activated or hands-free mode.
    (b) A member of a public safety agency, as defined in
 section 34.1, performing official duties.
    (c) A health care professional in the course of an emergency
 situation.
    (d) A person receiving safety-related information including
 emergency or weather alerts.
    (e) A person using an electronic communication device for
 the purpose of reporting an emergency situation, including any
 continued communication with emergency personnel during the
 emergency situation, or public transit personnel responding to
 a transit-specific situation.
    (f) A person using a two-way radio transmitter or receiver
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 who is licensed with the federal communications commission in
 amateur radio service.
    (g) A member of a public transit system, as defined in
 section 324A.1, performing official duties while in a vehicle
 that is not in motion.
    (3) For purposes of this paragraph “a”, the following
 definitions apply:
    (a) “Electronic communication device” means the same as
 defined in section 321.276.
    (b) “Voice-activated or hands-free mode” means the same as
 defined in section 321.276.
    Sec. 13. Section 805.8A, subsection 4, paragraph c, Code
 2021, is amended by striking the paragraph.
    Sec. 14. Section 805.8A, subsection 14, paragraph l, Code
 2021, is amended to read as follows:
    l. Writing, sending, or viewing an Use of electronic message
 communication device while driving violations. For violations
 under section 321.276, the scheduled fine is forty-five one
 hundred dollars.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    Under current law, Code section 321.276 prohibits the use
 of hand-held electronic communication devices to write, send,
 or view electronic messages while driving a motor vehicle.
 This bill expands Code section 321.276 to prohibit any use
 of an electronic communication device while driving. The
 bill defines the terms “electronic communication device” and
 “voice-activated or hands-free mode”.
    The bill exempts the use of an electronic communication
 device in a voice-activated or hands-free mode, for members of
 a public safety agency performing official duties, for health
 care professionals in the course of emergency situations,
 for the purpose of receiving safety-related information, for
 the purpose of reporting an emergency situation, for certain
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 radio operators, and for members of a public transit system
 performing official duties while in a vehicle that is not in
 motion.
    The bill makes a violation of Code section 321.276 a moving
 violation. Under current law, a moving violation can be
 considered for purposes of administrative suspension of a
 driver’s license or to establish habitual offender status.
 However, a peace officer is required to issue a warning
 memorandum in lieu of a citation for violations that occur
 during the period of time between the effective date of the
 bill and January 1, 2022.
    The bill increases the scheduled fine for a violation of Code
 section 321.276 from $45 to $100. Under Code section 321.482A,
 if the violation causes a serious injury, a court could impose
 an additional fine of $500 or suspend the person’s driver’s
 license for not more than 90 days, or both. If the violation
 causes a death, a court could impose an additional fine of
 $1,000 or suspend the person’s driver’s license for not more
 than 180 days, or both.
    The bill makes corresponding changes to Code section 707.6A
 (homicide or serious injury by vehicle) to align the provisions
 of that Code section related to the use of an electronic
 communication device while driving to the provisions of Code
 section 321.276 as amended by the bill. The bill also makes
 corresponding changes to Code sections 321.178, 321.180B,
 and 321.194, by striking provisions relating to the use of
 electronic communication devices while driving by persons
 under the age of 18 who are issued certain types of driver’s
 licenses, thereby making Code section 321.276 as amended by the
 bill applicable to such persons.
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Statutes affected: 
Introduced: 321.178, 321.180B, 321.210, 321.276, 321.482A, 321.482, 805.8A