SB 380

This bill prohibits, with certain exceptions, any person from using an

interactive electronic device to enter, transmit, or access data while driving.

Current law prohibits inattentive driving of a motor vehicle, which includes 1)

being engaged or occupied with an activity, other than driving the vehicle, that

interferes with the person's ability to drive the vehicle safely; 2) driving a motor

vehicle while composing or sending a text message or an e-mail message; 3) a

probationary license or instructional permit holder driving a motor vehicle while

using a wireless telephone; 4) driving a motor vehicle while using a wireless

telephone in a highway construction zone; and 5) driving a motor vehicle while

operating or being in a position to directly view an electronic device that provides

visual entertainment. Any person convicted of the first two forms of inattentive

driving may be required to forfeit not less than $20 nor more than $400, and any

person convicted of the latter three forms of inattentive driving may be required to

forfeit not less than $20 nor more than $40 for a first offense and not less than $50

nor more than $100 for a second or subsequent offense within one year.

This bill expands the prohibition on composing or sending a text message while

driving to prohibit the use of an interactive electronic device to enter, transmit, or

access data, other than for purposes of verbal communication or reporting an

emergency, while driving. The bill also increases the penalty for a violation of this

provision to a forfeiture of not less than $100 nor more than $400. Also, a person who

violates this provision and causes the death of another person in the course of the

violation is guilty of homicide by negligent operation of a vehicle, a Class G felony.

The penalty for a Class G felony is a fine not to exceed $25,000 or imprisonment not

to exceed ten years, or both.