Bill Text: IN HB1129 | 2011 | Regular Session | Engrossed
Bill Title: Use of telecommunications device while driving.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1129 Detail]
Download: Indiana-2011-HB1129-Engrossed.html
Citations Affected: IC 9-13; IC 9-21; IC 9-24.
Synopsis: Use of telecommunications device while driving. Provides
that it is a Class C infraction if a person uses a telecommunications
device to type, transmit, or read a text message or electronic mail
message, or to place or receive a telephone call while operating a
moving motor vehicle. Allows a person to use hands free or voice
operated technology to transmit a text message or electronic mail
message, or to place or receive a telephone call while operating a
moving motor vehicle, and permits a person to call 911 to report an
emergency. Provides, for purposes of the prohibition against using a
telecommunications device while operating a motor vehicle, that
"telecommunications device" does not include: (1) amateur radio
equipment operated by a person licensed by the Federal
Communications Commission as an amateur radio operator; or (2) a
communications system installed in a commercial vehicle weighing
more than 10,000 pounds. Prohibits a police officer from confiscating
a telecommunications device for the purpose of determining
compliance or confiscating a telecommunications device and retaining
it as evidence pending trial for the violation. Repeals the current
definition of "telecommunications device".
Effective: July 1, 2011.
(SENATE SPONSORS _ HOLDMAN, RANDOLPH, LANANE)
January 6, 2011, read first time and referred to Committee on Roads and Transportation.
January 20, 2011, amended, reported _ Do Pass.
January 24, 2011, read second time, amended, ordered engrossed.
January 25, 2011, engrossed. Read third time, passed. Yeas 85, nays 11.
February 17, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
March 3, 2011, amended, reported favorably _ Do Pass.
March 14, 2011, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial vehicle weighing more than ten thousand (10,000) pounds.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 177.4. "Text message", for
purposes of IC 9-21-8, has the meaning set forth in IC 9-21-8-0.5.
(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message;
(3) read a text message or an electronic mail message; or
(4) place or receive a telephone call;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.
(b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for the violation.