Bill Text: MI HB4394 | 2009-2010 | 95th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Traffic control; violations; operating a motor vehicle while reading, typing, or sending a text message on an electronic wireless device; prohibit, and provide penalties for. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding sec. 602b. TIE BAR WITH: HB 4370'09, SB 0468'09

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-05-04 - Assigned Pa 60'10 With Immediate Effect [HB4394 Detail]

Download: Michigan-2009-HB4394-Engrossed.html

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HB-4394, As Passed House, December 8, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4394

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 602b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 602b. (1) A person shall not read, write, or send a text

 

message on a wireless 2-way communication device that is located in

 

the person's hand or in the person's lap, including a wireless

 

telephone used in cellular telephone service or personal

 

communication service, while operating a motor vehicle that is

 

moving on a highway or street in this state. As used in this

 

subsection, a wireless 2-way communication device does not include

 

a global positioning or navigation system.

 

     (2) Subsection (1) does not apply to an individual who is

 

using a device described in subsection (1) to do any of the

 

following:

 

     (a) Report a traffic accident, medical emergency, or serious

 

road hazard.

 

     (b) Report a situation in which the person believes his or her

 

personal safety is in jeopardy.

 

     (c) Report or avert the perpetration or potential perpetration

 

of a criminal act against the individual or another person.

 

     (d) Carry out official duties as a police officer, law

 

enforcement official, member of a paid or volunteer fire

 

department, or operator of an emergency vehicle.

 

     (e) Determine a location or route by using the device's global

 

positioning or navigation system or navigation service.

 

     (3) Enforcement of this section by state or local law

 

enforcement agencies shall be accomplished only as a secondary

 

action when the operator of a motor vehicle has been detained for a

 

suspected violation of another section of this act.

 

     (4) An individual who violates this section is responsible for

 

a civil infraction.