Bill Text: IA SF2289 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act establishing electronic messaging while driving as a moving violation and a primary traffic offense for purposes of law enforcement, and making penalties applicable. (Formerly SSB 3191.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-03-13 - Read first time, referred to Public Safety. H.J. 494. [SF2289 Detail]
Download: Iowa-2013-SF2289-Amended.html
Senate
File
2289
-
Reprinted
SENATE
FILE
2289
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
3191)
(As
Amended
and
Passed
by
the
Senate
March
11,
2014
)
A
BILL
FOR
An
Act
establishing
electronic
messaging
while
driving
as
a
1
moving
violation
and
a
primary
traffic
offense
for
purposes
2
of
law
enforcement,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
SF
2289
(2)
85
dea/nh/jh
S.F.
2289
Section
1.
Section
321.210,
subsection
2,
paragraph
e,
Code
1
2014,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
321.276,
subsections
1
and
2,
Code
2014,
are
3
amended
to
read
as
follows:
4
1.
For
purposes
of
this
section:
5
a.
“Engage
in
a
call”
means
talking
or
listening
on
a
mobile
6
telephone
or
other
portable
electronic
communication
device.
7
b.
“Hand-held
electronic
“Electronic
communication
device”
8
means
a
mobile
telephone
,
portable
or
mobile
computer,
or
other
9
portable
electronic
communication
device
capable
of
being
used
10
to
write
compose
,
send,
or
read
a
text
an
electronic
message.
11
“Hand-held
electronic
“Electronic
communication
device”
does
12
not
include
a
voice-operated
or
hands-free
device
which
allows
13
the
user
to
write
compose
,
send,
or
read
a
text
an
electronic
14
message
without
the
use
of
either
hand
except
to
activate
15
or
deactivate
a
feature
or
function.
“Hand-held
electronic
16
“Electronic
communication
device”
does
not
include
a
wireless
17
communication
device
used
to
transmit
or
receive
data
as
part
18
of
a
digital
dispatch
system.
“Hand-held
electronic
“Electronic
19
communication
device”
includes
a
device
which
is
temporarily
20
mounted
inside
the
motor
vehicle,
unless
the
device
is
a
21
voice-operated
or
hands-free
device.
22
c.
“Text
“Electronic
message”
means
a
self-contained
23
piece
of
digital
communication
that
is
designed
or
intended
24
or
be
transmitted
by
electronic
means.
“Electronic
message”
25
includes
but
is
not
limited
to
a
text-based
message,
an
instant
26
message,
and
electronic
mail
an
electronic
mail
message,
and
a
27
communication
designed
to
initiate
access
to
an
internet
site
.
28
d.
The
terms
“write”
“compose”
,
“send”
,
and
“read”
,
with
29
respect
to
a
text
an
electronic
message,
mean
the
manual
entry,
30
transmission,
and
retrieval
of
a
text
an
electronic
message,
31
respectively,
to
communicate
with
any
other
person
or
device.
32
2.
A
person
shall
not
use
a
hand-held
an
electronic
33
communication
device
to
write
compose
,
send,
or
read
a
text
an
34
electronic
message
while
driving
a
motor
vehicle
unless
the
35
-1-
SF
2289
(2)
85
dea/nh/jh
1/
3
S.F.
2289
motor
vehicle
is
at
a
complete
stop
off
the
traveled
portion
1
of
the
roadway.
2
a.
A
person
does
not
violate
this
section
by
using
a
global
3
positioning
system
or
navigation
system
or
when,
for
the
4
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
5
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
6
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
7
mobile
telephone.
8
b.
The
provisions
of
this
subsection
relating
to
reading
9
a
text
an
electronic
message
do
not
apply
to
the
following
10
persons:
11
(1)
A
member
of
a
public
safety
agency,
as
defined
in
12
section
34.1
,
performing
official
duties.
13
(2)
A
health
care
professional
in
the
course
of
an
emergency
14
situation.
15
(3)
A
person
receiving
safety-related
information
including
16
emergency,
traffic,
or
weather
alerts.
17
Sec.
3.
Section
321.276,
subsection
4,
Code
2014,
is
amended
18
to
read
as
follows:
19
4.
a.
A
person
convicted
of
a
violation
of
this
section
20
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
21
violation
under
section
805.8A,
subsection
14
6
,
paragraph
“l”
22
“0c”
.
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
321.276,
subsection
5,
Code
2014,
is
amended
27
by
striking
the
subsection.
28
Sec.
5.
Section
321.555,
subsection
2,
Code
2014,
is
amended
29
to
read
as
follows:
30
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
31
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
32
are
required
to
be
reported
to
the
department
by
section
33
321.491
or
chapter
321C
,
except
equipment
violations,
parking
34
violations
as
defined
in
section
321.210
,
violations
of
35
-2-
SF
2289
(2)
85
dea/nh/jh
2/
3
S.F.
2289
registration
laws,
violations
of
sections
321.445
and
321.446
,
1
violations
of
section
321.276
,
operating
a
vehicle
with
an
2
expired
license
or
permit,
failure
to
appear,
weights
and
3
measures
violations
and
speeding
violations
of
less
than
4
fifteen
miles
per
hour
over
the
legal
speed
limit.
5
Sec.
6.
Section
805.8A,
subsection
6,
Code
2014,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
0c.
Section
321.276
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$30
8
Sec.
7.
Section
805.8A,
subsection
14,
paragraph
l,
Code
9
2014,
is
amended
by
striking
the
paragraph.
10
-3-
SF
2289
(2)
85
dea/nh/jh
3/
3
