Bill Text: IN HB1279 | 2010 | Regular Session | Amended

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Bill Title: Texting while driving.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2010-02-16 - Senator Zakas added as cosponsor [HB1279 Detail]

Download: Indiana-2010-HB1279-Amended.html

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January 29, 2010

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HOUSE BILL No. 1279

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DIGEST OF HB 1279 (Updated January 27, 2010 2:08 pm - DI 14)

Citations Affected: IC 9-13; IC 9-21; IC 9-24.

Synopsis: Texting while driving. Provides that it is a Class C infraction if a person uses a telecommunications device to transmit a text message or electronic mail message while operating a moving motor vehicle. Provides, for purposes of the prohibition against using a telecommunications device while operating a motor vehicle, that "telecommunications device" does not include amateur radio equipment operated by a person licensed by the FCC as an amateur radio operator. Allows a person to use hands-free or voice-operated technology to transmit a text message or electronic mail message while operating a moving motor vehicle. Repeals the current definition of "telecommunications device".

Effective: July 1, 2010.

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Pearson , Summers , Michael, Koch

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    January 12, 2010, read first time and referred to Committee on Public Policy.
    January 28, 2010, amended, reported _ Do Pass.

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January 29, 2010

Second Regular Session 116th General Assembly (2010)

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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1279

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    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-13-2-177.3; (10)HB1279.1.1. -->     SECTION 1. IC 9-13-2-177.3, AS ADDED BY P.L.101-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 177.3. (a) "Telecommunications device", for purposes of IC 9-21-8 and IC 9-24-11-3.3, has the meaning set forth in IC 9-24-11-0.5. means an electronic or digital telecommunications device. The term includes a:
        (1) wireless telephone;
        (2) personal digital assistant;
        (3) pager; or
        (4) text messaging device.
     (b) The term does not include 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.

SOURCE: IC 9-13-2-177.4; (10)HB1279.1.2. -->     SECTION 2. IC 9-13-2-177.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 177.4. "Text message", for

purposes of IC 9-21-8, means a communication in the form of electronic text sent from a telecommunications device.

SOURCE: IC 9-21-8-58; (10)HB1279.1.3. -->     SECTION 3. IC 9-21-8-58 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 58. A person may not use a telecommunications device to transmit a text message or electronic mail message while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology.

SOURCE: IC 9-24-11-0.5; (10)HB1279.1.4. -->     SECTION 4. IC 9-24-11-0.5 IS REPEALED [EFFECTIVE JULY 1, 2010].