Bill Text: IN SB0342 | 2012 | Regular Session | Introduced
Bill Title: Work zone cell phone ban.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0342 Detail]
Download: Indiana-2012-SB0342-Introduced.html
Introduced Version
SENATE BILL No. 342
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-21-8-56.
Synopsis: Work zone cell phone ban. Provides that a person who
recklessly, knowingly, or intentionally uses a telecommunications
device while operating a motor vehicle in a highway work zone when
workers are present commits a Class A misdemeanor. Provides
exceptions for the use of a device in conjunction with hands free or
voice activated technology or for 911 calls.
Effective: July 1, 2012.
Broden
January 9, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 342
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 9-21-8-56; (12)IN0342.1.1. -->
SECTION 1. IC 9-21-8-56, AS AMENDED BY P.L.66-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 56. (a) For purposes of this section, "highway
work zone" has the meaning set forth in IC 8-23-2-15.
(b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
(d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter; or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(f) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the person who commits the offense:
(1) has a prior unrelated conviction under this section in the previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the offense results in bodily injury to a worker in the worksite.
(h) An offense under subsection (b), (c), (d), or (e) is a Class C felony if the offense results in the death of a worker in the worksite.
(i) A person who knowingly, intentionally, or recklessly engages in an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a highway work zone when workers are present commits a Class B infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for an infraction under this subsection shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
(j) A person who recklessly, knowingly, or intentionally uses a telecommunications device while operating a motor vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor, unless the device is used:
(1) in conjunction with hands free or voice operated technology; or
(2) to call 911 to report a bona fide emergency.
(b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
(d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter; or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(f) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the person who commits the offense:
(1) has a prior unrelated conviction under this section in the previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the offense results in bodily injury to a worker in the worksite.
(h) An offense under subsection (b), (c), (d), or (e) is a Class C felony if the offense results in the death of a worker in the worksite.
(i) A person who knowingly, intentionally, or recklessly engages in an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a highway work zone when workers are present commits a Class B infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for an infraction under this subsection shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
(j) A person who recklessly, knowingly, or intentionally uses a telecommunications device while operating a motor vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor, unless the device is used:
(1) in conjunction with hands free or voice operated technology; or
(2) to call 911 to report a bona fide emergency.
