Bill > SF71

Introduced Session

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 device while driving. The bill defines the terms “electronic device” and “voice-activated or hands-free mode”. The bill allows the use of an electronic device if the vehicle is at a complete stop off the traveled portion of the roadway, or as far away from the center of the roadway as is practicable if the vehicle cannot be entirely removed. The bill provides exceptions for the use of an electronic 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 radio operators, for members of a public transit system performing official duties while in a vehicle that is not in motion, for utility maintenance employees or contractors for the purpose of providing utility services, for transportation network company drivers engaged in a prearranged ride while the vehicle is not in motion, and for persons using an electronic device for the purpose of accessing or using a fleet management system. The scheduled fine for a violation of Code section 321.276 remains $45. 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 between the effective date of the bill and January 1, 2024. Under Code section 321.482A, if a person is convicted for a violation and 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 a person is convicted for a violation and 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. By operation of law, a person issued a warning memorandum under the bill is not subject to the enhanced penalties under Code section 321.482A. The bill makes corresponding changes to Code sections 321.238 (preemption of local legislation) and 707.6A (homicide or serious injury by vehicle) to align those provisions 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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Pam Jochum (D)*, 

Subcommittee: Klimesh, Celsi, and Dickey. S.J. 159. (on 01/19/2023)

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Official Document