Introduced Version






SENATE BILL No. 110

_____


DIGEST OF INTRODUCED BILL



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

Synopsis: Use of mobile telephone while driving. Makes it a Class B infraction with a fine of $1,000 to operate a motor vehicle and simultaneously use a mobile telephone except in an emergency situation. Authorizes a person who views an operator of a motor vehicle simultaneously using a mobile telephone on certain highways to report the incident to the state police. Requires the state police to issue a notice to the registered owner of the motor vehicle stating that an offense has been observed.

Effective: July 1, 2003.





Antich




    January 7, 2003, read first time and referred to Committee on Transportation and Homeland Security.







Introduced

First Regular Session 113th General Assembly (2003)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 110



    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, 2003]: Sec. 30.7. "Commercial mobile radio service", for purposes of IC 9-21-21-3 , 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, 2003]: Sec. 49.7. "Emergency situation", for purposes of IC 9-21-21-4 , has the meaning set forth in IC 9-21-21-4 (d).
    SECTION 3. IC 9-13-2-103.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 103.3. "Mobile telephone", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-1.
    SECTION 4. IC 9-13-2-124 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 124. (a) "Person" means, except as otherwise provided in this section, an individual, a firm, a partnership, an association, a fiduciary, an executor or

administrator, a governmental entity, a limited liability company, or a corporation.
    (b) "Person", for purposes of IC 9-14-3.5 , does not include the state or an agency of the state.
    (c) "Person", for purposes of IC 9-20-14 , IC 9-20-15 , and IC 9-20-18-13 (b), means a mobile home or sectionalized building transport company, mobile home or sectionalized building manufacturer, mobile home or sectionalized building dealer, or mobile home or sectionalized building owner.
    (d) "Person", for purposes of IC 9-21-21 , means an individual.
    (e)
"Person" for purposes of IC 9-23, means an individual, a corporation, a limited liability company, an association, a partnership, a trust, or other entity. The term does not include the state, an agency of the state, or a municipal corporation.
    SECTION 5. IC 9-13-2-195.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 195.1. "Use", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-2.
    SECTION 6. IC 9-13-2-199.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 199.1. "Wireless telephone service", for purposes of IC 9-21-21 , has the meaning set forth in IC 9-21-21-3.
    SECTION 7. IC 9-21-21 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 21. Use of Mobile Telephones
     Sec. 1. As used in this chapter, "mobile telephone" means a device used by subscribers of a wireless telephone service to access the service.
     Sec. 2. As used in this chapter, "use" means using a mobile telephone to place or receive a call.
    Sec. 3. 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.

     Sec. 4. (a) An individual who operates a motor vehicle and simultaneously uses a mobile telephone commits a Class B infraction.
    (b) Notwithstanding IC 34-28-5-4 (b), a judgment of one thousand dollars ($1,000) shall be entered for a violation of subsection (a).


    (c) Subsection (a) does not apply to an operator of:
        (1) an authorized emergency vehicle;

         (2) a medical services vehicle;
         (3) a privately owned vehicle when:
            (A) the operator 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 when:
            (A) the operator 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.

     (d) 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.
    Sec. 5. (a) A person who views a violation of section 4 of this chapter on an interstate highway or a state highway
when the operator of the vehicle has not been stopped or issued a traffic information and summons by a law enforcement officer may report the violation to the state police department in the following manner:
        (1) The report must include pertinent information regarding the motor vehicle, including the license plate number and color and line make of the motor vehicle.
        (2) The report shall be made to:
            (A) the nearest state police post; or
            (B) the superintendent of the state police.
    (b) The name and address of the person making the report in subsection (a) shall be confidential.
    (c) Upon receipt of the report in subsection (a), the state police department shall issue a notice to the registered owner of the vehicle stating:
        (1) the particulars of the violation;
        (2) that the offense of operating a motor vehicle while using a mobile telephone has been observed; and

         (3) that the offense is a Class B infraction for which the fine is one thousand dollars ($1,000).
     (d) A court may not enter a judgment for a violation of section 4 of this chapter based solely on a report made under this section.