Introduced Version






SENATE BILL No. 18

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2-195.7; IC 9-21-22.

Synopsis: Handheld communication devices while driving. Prohibits an individual who is at least 18 years of age and holds an operator's license (including a probationary license) from using a handheld personal communications device while operating a motor vehicle. Exempts the use of a handheld personal communications device in emergency situations. Makes conforming amendments.

Effective: July 1, 2011.





Holdman




    January 5, 2011, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 117th General Assembly (2011)


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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 18



    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 9-13-2-177.3; (11)IN0018.1.1. -->     SECTION 1. IC 9-13-2-177.3, AS ADDED BY P.L.101-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 177.3. "Telecommunications device", for purposes of IC 9-21-22, IC 9-24-11-3.3, and this chapter, has the meaning set forth in IC 9-24-11-0.5.
SOURCE: IC 9-13-2-195.7; (11)IN0018.1.2. -->     SECTION 2. IC 9-13-2-195.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 195.7. "Using a telecommunications device" has the meaning set forth in IC 9-21-22-1.
SOURCE: IC 9-21-22; (11)IN0018.1.3. -->     SECTION 3. IC 9-21-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 22. Use of Telecommunications Devices
    Sec. 1. As used in this chapter, "using a telecommunications device" means using a telecommunications device to communicate orally or in writing or text.
    Sec. 2. (a) This section applies to an individual who:
        (1) is at least eighteen (18) years of age; and
        (2) holds an operator's license, including a probationary license issued under IC 9-24-11-3 or IC 9-24-11-3.3.
    (b) Except as provided in sections 3 and 4 of this chapter, an individual described in subsection (a) shall not operate a motor vehicle while using a telecommunications device unless:
        (1) the individual uses the telecommunications device only for oral communication; and
        (2) the telecommunications device:
            (A) has an internal feature or function; or
            (B) is equipped with an attachment or addition;
        by which the individual engages in the oral communication without the use of either hand. However, the individual may use the individual's hand or hands to initiate or terminate the oral communication.
    Sec. 3. Section 2 of this chapter 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 in accordance with 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 in accordance with IC 9-19-14.5-1.

    Sec. 4. Section 2 of this chapter does not apply to an operator of a motor vehicle who uses a telecommunications device in an emergency situation to:
        (1) transmit an emergency call (as defined in IC 35-45-2-3(c)) or other emergency communication;
        (2) contact a health care provider (as defined in IC 16-18-2-163);
        (3) contact the state police department or 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. 5. An individual who violates section 2 of this chapter commits a Class C infraction.