Introduced Version






HOUSE BILL No. 1242

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2; IC 9-21-22; IC 9-24-11-3.

Synopsis: Mobile telephone use. Prohibits the use of a handheld mobile telephone by all operators of motor vehicles. Prohibits the use of a hands free mobile telephone by a motor vehicle operator who holds a probationary license. Exempts: (1) individuals who use a mobile telephone in an emergency situation; and (2) operators of certain emergency and medical services vehicles. Imposes civil penalties for violations. Provides for deposit of the penalties in the state general fund.

Effective: July 1, 2009.





Summers




    January 12, 2009, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 116th General Assembly (2009)


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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HOUSE BILL No. 1242



    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 9-13-2-103.3; (09)IN1242.1.1. -->     SECTION 1. IC 9-13-2-103.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 103.3. "Mobile telephone", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-1.
SOURCE: IC 9-13-2-193.1; (09)IN1242.1.2. -->     SECTION 2. IC 9-13-2-193.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 193.1. "Use", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-2.
SOURCE: IC 9-13-2-199.1; (09)IN1242.1.3. -->     SECTION 3. IC 9-13-2-199.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 199.1. "Wireless telephone service", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-3.
SOURCE: IC 9-21-22; (09)IN1242.1.4. -->     SECTION 4. IC 9-21-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 22. 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. (a) As used in this chapter, "use" means holding a mobile telephone to or in the immediate proximity of an ear of an 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 an 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. 3. 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 (as defined in IC 36-8-16.5-5).
    Sec. 4. (a) This section applies to an individual who holds an operator's license other than a probationary license issued under IC 9-24-11-3.
    (b) Except as provided in sections 6 and 7 of this chapter, an individual shall not operate a motor vehicle while using a mobile telephone unless the mobile telephone:
        (1) has an internal feature or function; or
        (2) is equipped with an attachment or addition;
by which the individual engages in a call without the use of either hand.
    Sec. 5. (a) This section applies to an individual who holds a probationary license issued under IC 9-24-11-3.
    (b) Except as provided in sections 6 and 7 of this chapter, an individual shall not operate a motor vehicle while using a mobile telephone, including a mobile telephone that:
        (1) has an internal feature or function; or
        (2) is equipped with an attachment or addition;
by which the individual engages in a call without the use of either

hand.
    Sec. 6. Sections 4 and 5 of this chapter do 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 service activities in the line of duty; and
            (B) a green light is displayed on the vehicle under IC 9-19-14.5-1.

    Sec. 7. Sections 4 and 5 of this chapter do not apply to an operator of a motor vehicle who uses a mobile telephone 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.
    Sec. 8. An individual who violates section 4 or 5 of this chapter is subject to a civil penalty as follows:
        (1) Twenty-five dollars ($25) for the first violation.
        (2) Fifty dollars ($50) for the second violation.
        (3) One hundred dollars ($100) for the third and each subsequent violation.
Penalties collected under this subsection shall be deposited in the state general fund.
    Sec. 9. The bureau may not assess points under the point system

for a violation of this chapter.

SOURCE: IC 9-24-11-3; (09)IN1242.1.5. -->     SECTION 5. IC 9-24-11-3, AS AMENDED BY P.L.184-2007, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) A license issued to an individual less than eighteen (18) years of age is a probationary license.
    (b) An individual holds a probationary license subject to the following conditions:
        (1) Except as provided in IC 31-37-3, the individual may not operate a motor vehicle during the curfew hours specified in IC 31-37-3-2.
        (2) During the ninety (90) days following the issuance of the probationary license, the individual may not operate a motor vehicle in which there are passengers unless another individual who:
            (A) is at least twenty-one (21) years of age; and
            (B) holds a valid operator's license issued under this article;
        is present in the front seat of the motor vehicle.
        (3) The individual may operate a motor vehicle only if the individual and each occupant of the motor vehicle has a safety belt properly fastened about the occupant's body at all times when the motor vehicle is in motion.
         (4) Except as provided in IC 9-21-22-6 and IC 9-21-22-7, the individual may not operate a motor vehicle while using a mobile telephone.
    (c) An individual who holds a probationary license issued under this section may receive an operator's license, a chauffeur's license, a public passenger chauffeur's license, or a commercial driver's license when the individual is at least eighteen (18) years of age.
    (d) Except as provided in subsection (e), a probationary license issued under this section:
        (1) expires at midnight of the twenty-first birthday of the holder; and
        (2) may not be renewed.
    (e) A probationary license issued under this section to an individual who complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9) expires:
        (1) at midnight one (1) year after issuance if there is no expiration date on the authorization granted to the individual to remain in the United States; or
        (2) if there is an expiration date on the authorization granted to the individual to remain in the United States, the earlier of the following:
            (A) At midnight of the date the authorization to remain in the

United States expires.
            (B) At midnight of the twenty-first birthday of the holder.