Introduced Version






SENATE BILL No. 119

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2; IC 9-21-22.

Synopsis: Cell phone use while driving. Makes it a Class D infraction for a person less than 18 years of age to operate a motor vehicle while using a hand held mobile telephone. Exempts: (1) a person who uses a mobile telephone in an emergency situation; (2) the operator of an authorized emergency vehicle; (3) the operator of a medical services vehicle; and (4) a volunteer firefighter and certain emergency services professionals en route to the scene of an emergency.

Effective: July 1, 2008.





Kruse




    January 8, 2008, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 115th General Assembly (2008)


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. 119



    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:

SOURCE: IC 9-13-2-30.7; (08)IN0119.1.1. -->     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, 2008]: Sec. 30.7. "Commercial mobile radio service", for purposes of IC 9-21-22, has the meaning set forth in IC 36-8-16.5-5.
SOURCE: IC 9-13-2-49.7; (08)IN0119.1.2. -->     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, 2008]: Sec. 49.7. "Emergency situation", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-6(c).
SOURCE: IC 9-13-2-72.1; (08)IN0119.1.3. -->     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, 2008]: Sec. 72.1. "Hand held mobile telephone", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-1.
SOURCE: IC 9-13-2-72.3; (08)IN0119.1.4. -->     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, 2008]: Sec. 72.3. "Hands free mobile telephone", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-2.
SOURCE: IC 9-13-2-103.3; (08)IN0119.1.5. -->     SECTION 5. IC 9-13-2-103.3 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 103.3. "Mobile telephone", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-3.

SOURCE: IC 9-13-2-193.5; (08)IN0119.1.6. -->     SECTION 6. IC 9-13-2-193.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 193.5. "Use", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-4.
SOURCE: IC 9-13-2-199.1; (08)IN0119.1.7. -->     SECTION 7. IC 9-13-2-199.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 199.1. "Wireless telephone service", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-5.
SOURCE: IC 9-21-22; (08)IN0119.1.8. -->     SECTION 8. IC 9-21-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 22. 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:
        (1) has an internal feature or function; or
        (2) is equipped with an attachment or addition;
by which a user engages in a call without the use of either hand.

     Sec. 3. As used in this chapter, "mobile telephone" means the device used by subscribers of a wireless telephone service to access the service.
     Sec. 4. (a) 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 mobile telephone.
    (b) For purposes of this section, a mobile telephone that does not require physical contact with the ear of the user is held in the immediate proximity of a motor vehicle operator's ear if the distance between the mobile telephone and the motor vehicle operator's ear permits the motor vehicle operator to hear the telecommunication transmitted over the mobile telephone.
    Sec. 5. As used in this chapter, "wireless telephone service"

means a two-way real time voice telecommunications service that is:
        (1) interconnected to a public switched telephone network; and
        (2) provided by a commercial mobile radio service.

     Sec. 6. (a) Except as provided in subsections (b) and (c), an individual who is less than eighteen (18) years of age and simultaneously:
        (1) operates a motor vehicle; and
        (2) 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 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 or a passenger in the vehicle is a certified:
                (i) paramedic;
                (ii) emergency medical technician-intermediate;
                (iii) emergency medical technician-basic advanced;
                (iv) emergency medical technician;
                (v) emergency medical service driver; or
                (vi) emergency medical service first responder;
            en route to the scene of emergency medical services activities in the line of duty; and
            (B) a green light is displayed on the vehicle under IC 9-19-14.5-1.

     (c) As used in this subsection, "emergency situation" means a situation threatening the safety or security of persons or property. Subsection (a) does not apply if the hand held 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.
    (d) Subsection (a) does not prohibit the use of a hands free mobile telephone by an operator of a motor vehicle.