Bill Text: AZ HB2434 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Driving; handheld communications devices; prohibition
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2017-02-08 - House read second time [HB2434 Detail]
Download: Arizona-2017-HB2434-Introduced.html
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REFERENCE TITLE: driving; handheld communications devices; prohibition |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2434 |
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Introduced by Representatives Clodfelter: Engel, Friese, Hernandez, Martinez
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AN ACT
amending sections 28-672 and 28-676, Arizona Revised Statutes; amending title 28, chapter 3, article 15, Arizona Revised Statutes, by adding section 28‑913; relating to the operation of motor vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-672, Arizona Revised Statutes, is amended to read:
28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; classification; definitions
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates does any one of the following and the violation that results in an accident a collision causing serious physical injury or death to another person:
1. Violates section 28‑645, subsection A, paragraph 3, subdivision (a).
2. Violates section 28‑729.
3. Violates section 28‑771.
4. Violates section 28‑772.
5. Violates section 28‑773.
6. Violates section 28‑792.
7. Violates section 28‑794.
8. Violates section 28‑797, subsection F, G, H or I.
9. Violates section 28‑855, subsection B.
10. Violates section 28‑857, subsection A.
11. Operates a motor vehicle while using a cellular telephone or handheld wireless communications device to manually type, send, read or enter a written or visual communication, including a text message, an instant message, an e‑mail or a communication on social media. This paragraph does not apply if the motor vehicle is an authorized emergency or law enforcement vehicle and is operated within the course and scope of the person's emergency or law enforcement duties.
B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.
C. The court shall report a conviction for a violation of this section to the department and:
1. For a first violation of this section, may direct the department to suspend the person's driving privilege for not more than ninety days if the violation results in serious physical injury and not more than one hundred eighty days if the violation results in death.
2. For a second or subsequent violation of this section within a period of thirty‑six months, shall direct the department to suspend the person's driving privilege for ninety days if the violation results in serious physical injury and one hundred eighty days if the violation results in death.
D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run concurrently with the other suspension period.
E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.
F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.
G. Restitution awarded pursuant to section 13‑603 as a result of a violation of this section shall not exceed ten thousand dollars.
H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
I. A person who violates this section is guilty of a class 3 misdemeanor, except that if the violation results in the death of another person the maximum fine for the person shall be one thousand dollars.
J. For the purposes of this section: ,
1. "Handheld wireless communications device":
(a) Means a handheld device for the transfer of information without the use of electrical conductors or wires and includes a cellular telephone, a personal digital assistant, a pager and a text messaging device.
(b) Does not include a device that is used for two‑way radio communications if the person using the device has a license to operate the device, if required, and all the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit that is used to transmit and receive communications and that is separate from the microphone and is not intended to be held.
2. "Serious physical injury" has the same meaning prescribed in section 13‑105.
Sec. 2. Section 28-676, Arizona Revised Statutes, is amended to read:
28-676. Causing serious physical injury by use of a vehicle; classification; definition
A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:
1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.
2. While operating a motor vehicle, the person causes serious physical injury as defined in section 13‑105 to another person.
3. The person commits a violation of does any of the following:
(a) Violates section 28‑645, subsection A, paragraph 3, subdivision (a).
(b) Violates section 28‑729.
(c) Violates section 28‑771.
(d) Violates section 28‑772.
(e) Violates section 28‑773.
(f) Violates section 28‑792.
(g) Violates section 28‑794.
(h) Violates section 28‑797, subsection F, G, H or I.
(i) Violates section 28‑855, subsection B.
(j) Violates section 28‑857, subsection A.
(k) Operates a motor vehicle while using a cellular telephone or other handheld wireless communications device to manually type, send, read or enter a written or visual communication, including a text message, an instant message, an e‑mail or a communication on social media. This subdivision does not apply if the motor vehicle is an authorized emergency or law enforcement vehicle and is operated within the course and scope of the person's emergency or law enforcement duties.
B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:
1. The person's driving privilege is revoked for any reason.
2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.
3. The person's driving privilege is suspended pursuant to section 28‑1321.
4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28‑3473.
5. The person's driving privilege is suspended pursuant to section 28‑3306, subsection A.
6. The person's driving privilege is suspended pursuant to section 28‑3308 and the person has had one or more previous suspensions pursuant to that section.
7. The person does one of the following to obtain a driver license:
(a) Knowingly uses a false or fictitious name.
(b) Knowingly makes a false statement.
(c) Knowingly conceals a material fact.
(d) Commits fraud.
(e) Violates section 28‑3479.
8. The person does not have a valid driver license and a proper endorsement, if required, as prescribed by chapter 8 of this title and the person is not exempt pursuant to chapter 8 of this title.
C. Causing serious physical injury by use of a vehicle is a class 5 felony.
D. For the purposes of this section, "handheld wireless communications device":
1. Means a handheld device for the transfer of information without the use of electrical conductors or wires and includes a cellular telephone, a personal digital assistant, a pager and a text messaging device.
2. Does not include a device that is used for two‑way radio communications if the person using the device has a license to operate the device, if required, and all the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit that is used to transmit and receive communications and that is separate from the microphone and is not intended to be held.
Sec. 3. Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-913, to read:
28-913. Using handheld wireless communications devices while operating motor vehicle; civil traffic violation; definition
A. While operating a motor vehicle on a highway in this state a person may not do either of the following:
1. Manually type or enter written or visual messages into a cellular telephone or other handheld wireless communications device or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including texting, electronic messaging and instant messaging.
2. Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory that allows the person to communicate without using the person's hands other than to activate, deactivate or initiate a feature or function on the device.
B. Subsection A of this section does not apply to any of the following:
1. A paid or volunteer firefighter or an emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services while acting within the course and scope of the person's employment.
2. A law enforcement officer or any person designated by a sheriff or chief of police or the director of the department of public safety while acting within the course and scope of the person's employment.
3. A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.
4. A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.
5. A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test or other exercise in preparation for a disaster or emergency or otherwise communicating public information.
6. An employee or contractor of a public utility who uses a handheld wireless communications device provided by the public utility While responding to a dispatch by the public utility to respond to an emergency, including a response to a power outage or an interruption in utility service.
C. This section does not prohibit the use of a voice-operated global positioning or navigation system that is affixed to the vehicle.
D. For the purposes of this section, a person shall be deemed not to be operating a motor vehicle if the motor vehicle is driven autonomously through the use of artificial intelligence software and the autonomous operation of the motor vehicle is authorized by law.
E. A violation of this section is a civil traffic violation, except that the department shall treat a first offense of this section as a nonmoving traffic violation.
F. For the purposes of this section, "Handheld wireless communications device":
1. Means a handheld device for the transfer of information without the use of electrical conductors or wires and includes a cellular telephone, a personal digital assistant, a pager and a text messaging device.
2. Does not include a device that is used for two‑way radio communications if the person using the device has a license to operate the device, if required, and all the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit that is used to transmit and receive communications and that is separate from the microphone and is not intended to be held.
