Introduced Version






SENATE BILL No. 129

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2 ; IC 9-21-21 .

Synopsis: Driving while using a hand held mobile telephone. Provides that a person who operates a motor vehicle and simultaneously uses a hand held mobile telephone commits a Class D infraction. Creates exceptions for: (1) a person who uses a mobile telephone in an emergency situation; (2) an authorized emergency vehicle; (3) a medical services vehicle; and (4) a privately owned vehicle if the operator of or a passenger in the vehicle is a volunteer firefighter or a certified emergency medical technician en route to the scene of an emergency and a warning light is displayed on the vehicle. Defines various terms concerning the use of a mobile telephone.

Effective: July 1, 2002.





Howard




    December 7, 2001, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.







Introduced

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 129



    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:

    SECTION 1. IC 9-13-2-30.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 30.7. "Commercial mobile radio service", for purposes of IC 9-21-21-6, has the meaning set forth in IC 36-8-16.5-5.
    
SECTION 2. IC 9-13-2-49.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 49.7. "Emergency situation", for purposes of IC 9-21-21-7(c), has the meaning set forth in IC 9-21-21-7(c).
    SECTION 3. IC 9-13-2-72.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 72.1. "Hand held mobile telephone", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-1.
    SECTION 4. IC 9-13-2-72.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 72.3. "Hands free mobile telephone", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-2.


    SECTION 5. IC 9-13-2-76.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 76.1. "Immediate proximity", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-3.
    SECTION 6. IC 9-13-2-103.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 103.3. "Mobile telephone", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-4.
    SECTION 7. IC 9-13-2-195.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 195.1. "Use", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-5.
    SECTION 8. IC 9-13-2-199.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 199.1. "Wireless telephone service", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-6.
    SECTION 9. IC 9-21-21 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 21. Use of Mobile Telephones
     Sec. 1. As used in this chapter, "hand held mobile telephone" means a mobile telephone with which a user engages in a call using at least one (1) hand.
    Sec. 2. As used in this chapter, "hands free mobile telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition whether or not permanently part of the mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to:
        (1) activate;
        (2) deactivate; or
        (3) initiate a function of;
the mobile telephone.
    Sec. 3. As used in this chapter, "immediate proximity" means the distance that permits the user of a mobile telephone to hear the telecommunication transmitted over the mobile telephone that does not require physical contact with the ear of the user.

     Sec. 4. As used in this chapter, "mobile telephone" means the device used by a subscriber and another operator of a wireless telephone service to access the service.
     Sec. 5. As used in this chapter, "use" means holding a mobile

telephone to, or in the immediate proximity of, the ear of the operator of a motor vehicle. The term does not include holding a mobile telephone to:
        (1) activate;
        (2) deactivate; or
        (3) initiate a function of;
the telephone.
    Sec. 6. As used in this chapter, "wireless telephone service" means two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service (as defined in IC 36-8-16.5-5 ).

     Sec. 7. (a) Except as provided in subsections (b), (c), and (d), a person who operates a motor vehicle and simultaneously uses a hand held mobile telephone commits a Class D infraction.
    (b) Subsection (a) does not apply to an operator of:
        (1) an authorized emergency vehicle;

         (2) a medical services vehicle;
         (3) a privately owned vehicle if:
            (A) the operator of or a passenger in the vehicle is a volunteer firefighter en route to the scene of a fire or other emergency in the line of duty; and
            (B) a blue light is displayed on the vehicle under IC 36-8-12-11 ; or
        (4) a privately owned vehicle if:
            (A) the operator of or a passenger in the vehicle is a certified emergency medical technician, a certified emergency medical service driver, or a certified emergency medical service first responder en route to the scene of emergency medical service activities in the line of duty; and
            (B) a green light is displayed on the vehicle under IC 9-19-14.5-1.

     (c) Subsection (a) does not apply if the mobile telephone is used in an emergency situation to:
        (1) transmit an emergency call (as defined in IC 35-45-2-3 (c));
        (2) contact a health care provider (as defined in IC 16-18-2-163 );
        (3) contact a police and law enforcement system established under IC 36-8-2-2; or
        (4) contact a firefighting and fire prevention system established under IC  36-8-2-3.


As used in this subsection, "emergency situation" means a threat to the safety or security of persons or property, or both.
    (d) Subsection (a) does not prohibit the use of a hands free mobile telephone by the operator of a motor vehicle.