Restrictions on the operation of motor vehicles by persons using electronic text messaging devices and providing a penalty

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law prohibits inattentive driving of a motor vehicle, which means that a driver of a motor vehicle may not be so engaged or occupied as to interfere with the safe driving of the vehicle. Any person convicted of inattentive driving may be required to forfeit not less than $20 nor more than $400.

This bill prohibits the use of an electronic text messaging device, except to report an emergency, by anyone who is operating a motor vehicle in this state. An "electronic text messaging device" is defined as an electronic device, including a cellular telephone, personal digital assistant, or portable or mobile computer while being used for purposes of text communications, that is capable of transmitting or receiving text communications to or from one or more other persons. The definition of electronic text messaging device does not include devices that transmit or receive emergency alert messages or messages relating to the operation of the vehicle or an accessory that is integrated into the electrical system of a vehicle, including global positioning system devices. The bill provides an exception to this prohibition for persons operating authorized emergency vehicles. Persons who violate this prohibition may be required to forfeit not less than $100 nor more than $400 for a first offense, and not less than $200 nor more than $800 for a second or subsequent conviction. Persons who, in the course of using an electronic text messaging device while operating a motor vehicle, cause bodily harm to another person must be fined not less than $300 nor more than $2,000 or be imprisoned for not more than 30 days in the county jail, or both. Persons who, in the course of using an electronic text messaging device while operating a motor vehicle, cause great bodily harm to another person must be fined not less than $300 nor more than $2,000 or be imprisoned for not less than 30 days nor more than one year in the county jail, or both. Persons who, in the course of using an electronic text messaging device while operating a motor vehicle, cause the death of another person or an unborn child are guilty of a Class G felony, which is punishable by a fine not to exceed $25,000 or imprisonment not to exceed ten years, or both.

Who's behind it

12 senators are its authors⁠. 6 are Democrats and 6 are Republicans.

11 more lawmakers signed on in support⁠.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment SA1-SB103
• Amendment SA2-SB103
• Amendment SSA1-SB103
• Amendment SA1-SSA1-SB103
• Amendment SA2-SSA1-SB103
• Amendment SA3-SSA1-SB103
• LC Amendment Memo