SB 103

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.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.