Introduced Version
HOUSE BILL No. 1050
_____
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"telecommunications device" that is superseded by this act.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
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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].