Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits handheld cell phone usage while driving.

Highlights:

• Prohibits operating a wireless communications device while operating a motor vehicle (Sec. 2).

• Defines “operating a wireless communications device” as the following actions, including (Sec. 2):

• Engaging in a call; 

• Writing, sending, or reading a text-based communication; 

• Accessing, reading or posting to a social networking site; 

• Accessing, viewing, posting, editing, or creating a video, photograph, or another image; and

• Accessing, reading, viewing, composing, browsing, transmitting, saving, or retrieving electronic data from any application other than media.

• Exempts the following people from the prohibitions of this bill while they are performing their official duties (Sec. 2):

• A law enforcement officer; 

• A firefighter; 

• The operator of an authorized emergency vehicle.

• Authorizes individuals doing the following actions to use a wireless telecommunications device (Sec. 2):

• Reporting a traffic collision, medical emergency, another emergency, or a serious road hazard; 

• Reporting a situation in which the person believes that an individual is in jeopardy of serious bodily injury or death; 

• Relaying information between a transit or for-hire operator, including a transportation network company driver, and that operator’s dispatch, in which the device is affixed to the vehicle; 

• Viewing data or images related to the navigation of a motor vehicle using hands-free GPS; or 

• Operating a wireless telecommunications device while the motor vehicle is lawfully stationary and not a violation of any other law.

• Specifies that an individual found in violation of this bill prior to January 1, 2021, will be issued a written warning (Sec. 2).

• Prohibits a law enforcement officer from doing any of the following based solely on a violation of this bill (Sec. 2):

• Seize, search, view, or require the forfeiture of a wireless telecommunications device; 

• Search or request to search a motor vehicle, motor vehicle operator, or passenger; or

• Make a custodial arrest except upon a warrant issued for failure to appear in court when summoned, or for failure to pay an imposed fine.

• Specifies that violations of this bill will result in the following penalties (Sec. 2):

• For a first violation, a fine of between $50 and $100 and, at the judge’s discretion, community service up to 15 hours of at least half must consist of litter collection; 

• For a second violation, a fine of between $100 and $300 and, at the judge’s discretion, community service up to 30 hours of at least half must consist of litter collection; and

• For a third violation, a fine of between $100 and $300 and will include the suspension of the individual’s driver’s license for 30 days and, at the judge’s discretion, community service up to 60 hours of at least half must consist of litter collection.

Full Bill Text

Highlights:

• Prohibits operating a wireless communications device while operating a motor vehicle (Sec. 2).

• Defines “operating a wireless communications device” as the following actions, including (Sec. 2):

• Engaging in a call; 

• Writing, sending, or reading a text-based communication; 

• Accessing, reading or posting to a social networking site; 

• Accessing, viewing, posting, editing, or creating a video, photograph, or another image; and

• Accessing, reading, viewing, composing, browsing, transmitting, saving, or retrieving electronic data from any application other than media.

• Exempts the following people from the prohibitions of this bill while they are performing their official duties (Sec. 2):

• A law enforcement officer; 

• A firefighter; 

• The operator of an authorized emergency vehicle.

• Authorizes individuals doing the following actions to use a wireless telecommunications device (Sec. 2):

• Reporting a traffic collision, medical emergency, another emergency, or a serious road hazard; 

• Reporting a situation in which the person believes that an individual is in jeopardy of serious bodily injury or death; 

• Relaying information between a transit or for-hire operator, including a transportation network company driver, and that operator’s dispatch, in which the device is affixed to the vehicle; 

• Viewing data or images related to the navigation of a motor vehicle using hands-free GPS; or 

• Operating a wireless telecommunications device while the motor vehicle is lawfully stationary and not a violation of any other law.

• Specifies that an individual found in violation of this bill prior to January 1, 2021, will be issued a written warning (Sec. 2).

• Prohibits a law enforcement officer from doing any of the following based solely on a violation of this bill (Sec. 2):

• Seize, search, view, or require the forfeiture of a wireless telecommunications device; 

• Search or request to search a motor vehicle, motor vehicle operator, or passenger; or

• Make a custodial arrest except upon a warrant issued for failure to appear in court when summoned, or for failure to pay an imposed fine.

• Specifies that violations of this bill will result in the following penalties (Sec. 2):

• For a first violation, a fine of between $50 and $100 and, at the judge’s discretion, community service up to 15 hours of at least half must consist of litter collection; 

• For a second violation, a fine of between $100 and $300 and, at the judge’s discretion, community service up to 30 hours of at least half must consist of litter collection; and

• For a third violation, a fine of between $100 and $300 and will include the suspension of the individual’s driver’s license for 30 days and, at the judge’s discretion, community service up to 60 hours of at least half must consist of litter collection.