Introduced Version






HOUSE BILL No. 1050

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2; IC 9-21-8; IC 9-24-11-0.5.

Synopsis: Texting while operating a motor vehicle. Provides that a person who uses a telecommunications device to transmit a text message or electronic mail message while operating a moving motor vehicle commits a Class D infraction. Provides that a person who uses a telecommunications device to transmit a text message or electronic mail message while operating a moving vehicle and causes an accident commits a Class B infraction. Repeals a definition of "telecommunications device" that is superseded by this act.

Effective: July 1, 2011.





Moses




    January 5, 2011, read first time and referred to Committee on Roads and Transportation.







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.
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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.

HOUSE BILL No. 1050



    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)IN1050.1.1. -->     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 9-21-8 and IC 9-24-11-3.3, has the meaning set forth in IC 9-24-11-0.5. means an electronic or digital telecommunications device. The term includes a:
        (1) wireless telephone;
        (2) personal digital assistant;
        (3) pager; or
        (4) text messaging device.

SOURCE: IC 9-13-2-177.4; (11)IN1050.1.2. -->     SECTION 2. IC 9-13-2-177.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 177.4. "Text message", for purposes of IC 9-21-8, means a communication in the form of electronic text sent from a telecommunications device.
SOURCE: IC 9-21-8-49; (11)IN1050.1.3. -->     SECTION 3. IC 9-21-8-49, AS AMENDED BY P.L.65-2010, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2011]: Sec. 49. Except as provided in sections 50, 51, 52, 54, 55, 56, and 58, and 59 of this chapter, a person who violates this chapter commits a Class C infraction.

SOURCE: IC 9-21-8-59; (11)IN1050.1.4. -->     SECTION 4. IC 9-21-8-59 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 59. (a) A person may not use a telecommunications device to transmit a text message or electronic mail message while operating a moving motor vehicle.
     (b) A motor vehicle may be stopped to determine compliance with this section. However, a motor vehicle, the contents of a motor vehicle, the driver of a motor vehicle, or a passenger in a motor vehicle may not be inspected, searched, or detained solely because of a violation of this section.
     (c) A person who violates subsection (a) commits a Class D infraction.
    (d) A person who violates subsection (a) and causes a traffic accident as the result of committing the act in violation of subsection (a) commits a Class B infraction.
    (e) The bureau may not assess points under the point system for Class D infractions under this section.

SOURCE: IC 9-24-11-0.5; (11)IN1050.1.5. -->     SECTION 5. IC 9-24-11-0.5 IS REPEALED [EFFECTIVE JULY 1, 2011].