Bill Text: IN SB0111 | 2010 | Regular Session | Introduced
Bill Title: Texting while driving.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0111 Detail]
Download: Indiana-2010-SB0111-Introduced.html
Citations Affected: IC 9-24-11-0.5; IC 9-30-10-4; IC 35-41-1;
IC 35-42-2-4.5.
Synopsis: Texting while driving. Makes it a Class C misdemeanor to
use a handheld wireless communications device to transmit a text
message or electronic mail message while operating a moving motor
vehicle, and enhances the penalty for repeat offenses or if a person is
injured or killed. Provides that texting while driving may constitute a
predicate offense for a habitual traffic violator determination. Makes
conforming amendments.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) Reckless homicide resulting from the operation of a motor vehicle.
(2) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an accident
resulting in death or injury to any person to stop at the scene of
the accident and give the required information and assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in
death.
(6) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(8) Texting while driving (IC 35-42-2-4.5) as a felony.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, not arising out of the same incident, and
with at least one (1) violation occurring after March 31, 1984, is a
habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-3, or
IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained a license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor vehicle.
(9) Drag racing or engaging in a speed contest in violation of law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46 (repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-1(4), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4.
(11) Texting while driving as a Class A misdemeanor or as a felony (IC 35-42-2-4.5).
A judgment for a violation enumerated in subsection (a) shall be added to the violations described in this subsection for the purposes of this subsection.
(c) A person who has accumulated at least ten (10) judgments within a ten (10) year period for any traffic violation, except a parking or an equipment violation, of the type required to be reported to the bureau, singularly or in combination, not arising out of the same incident, and with at least one (1) violation occurring after March 31, 1984, is a habitual violator. However, at least one (1) of the judgments must be for a violation enumerated in subsection (a) or (b). A judgment for a violation enumerated in subsection (a) or (b) shall be added to the judgments described in this subsection for the purposes of this subsection.
(1) A wireless telephone.
(2) A personal digital assistant.
(3) A pager.
(4) A text messaging device.
(b) A person who knowingly or intentionally uses a handheld wireless communications device to transmit a text message or electronic mail message while operating a moving motor vehicle on a public highway (as defined in IC 9-25-2-4) commits texting while driving, a Class C misdemeanor. However, the offense is:
(1) a Class A misdemeanor if, not more than five (5) years before the commission of the offense, the person was convicted of one (1) prior unrelated offense under this section;
(2) a Class D felony if:
(A) the offense results in serious bodily injury to any person; or
(B) not more than five (5) years before the commission of the offense, the person was convicted of two (2) or more prior unrelated offenses under this section;
(3) a Class C felony:
(A) if:
(i) the offense results in serious bodily injury to any person; and
(ii) not more than five (5) years before the commission of the offense, the person was convicted of one (1) or more prior unrelated offenses under this section; or
(B) if the offense results in death; and
(4) a Class B felony if:
(A) the offense results in death; and
(B) not more than five (5) years before the commission of the offense, the person was convicted of one (1) or more prior unrelated offenses under this section.
