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 and driving on certain
highways to report the incident to the state police or sheriff. Requires
the state police or sheriff to issue a notice to the registered owner of the
motor vehicle stating that an offense has been observed.
Effective: July 1, 2004.
January 6, 2004, read first time and referred to Committee on Criminal, Civil and Public
Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
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, 2004]: 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, 2004]: 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, 2004]: 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, 2004]: 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, 2004]: 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, 2004]: 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, 2004]:
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 or the sheriff's
department in the county in which the use occurred 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 must be made to:
(A) the state police post with jurisdiction; or
(B) the sheriff's department;
in the county in which the use occurred.
(b) The name and address of the person making the report in
subsection (a) is confidential.
(c) Upon receipt of the report in subsection (a), the state police
department or the county sheriff's 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.