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Wed Feb 3 20:56:29 UTC 2010

this is the bill that goes in effect July 1 2010 in the state of indiana. what next?

HOUSE BILL No. 1060

_____

DIGEST OF INTRODUCED BILL

Citations Affected: IC 9-13-2-195.7; IC 9-21-22; IC 9-24-11.

Synopsis: Use of telecommunications devices while driving. Prohibits the use of a handheld personal communications device by a motor vehicle operator who is at least 18 years of age and holds an operator's license, including a probationary license. Exempts individuals in emergency situations. Imposes civil penalties for violations. Provides for the deposit of the penalties in the state general fund. Make conforming amendments.

Effective: July 1, 2010.

Summers

    January 5, 2010, read first time and referred to Committee on Public Policy.

Introduced

Second Regular Session 116th General Assembly (2010)

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 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1060

    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 9-13-2-195.7; (10)IN1060.1.1. -->     SECTION 1. IC 9-13-2-195.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 195.7. "Using a telecommunications device" has the meaning set forth in IC 9-21-22-1.

SOURCE: IC 9-21-22; (10)IN1060.1.2. -->     SECTION 2. IC 9-21-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 22. Use of Telecommunications Devices
    Sec. 1. As used in this chapter, "using a telecommunications device" includes 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 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 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. 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 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 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. 6. The bureau may not assess points under the point system for a violation of this chapter.

SOURCE: IC 9-24-11-0.5; (10)IN1060.1.3. -->     SECTION 3. IC 9-24-11-0.5, AS ADDED BY P.L.101-2009, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 0.5. As used in this chapter, "telecommunications device" means an electronic or digital telecommunications device. The term includes any device used to access a wireless telecommunications service.

SOURCE: IC 9-24-11-8; (10)IN1060.1.4. -->     SECTION 4. IC 9-24-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Except as provided in subsections (b), and (c), and (e), a person who violates this chapter commits a Class C infraction.
    (b) A person who:
        (1) has been issued a permit or license on which there is a printed or stamped restriction as provided under section 7 of this chapter; and
        (2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person who violates this subsection may be suspended in the manner provided for the suspension or revocation of an operator's license.
    (c) A person who causes serious bodily injury to or the death of another person when operating a motor vehicle after knowingly or intentionally failing to take prescribed medication, the taking of which was a condition of the issuance of the operator's restricted license under section 7 of this chapter, commits a Class A misdemeanor. However, the offense is a Class D felony if, within the five (5) years preceding the commission of the offense, the person had a prior unrelated conviction under this subsection.
    (d) A person who violates subsection (c) commits a separate offense for each person whose serious bodily injury or death is caused by the violation of subsection (c).
     (e) A person who violates section 3.3(b)(4) 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. The bureau may not assess points under the point system for a violation described in this subsection. 

WX9RUB- William Lower 
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