S.B. 113

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Senate 3rd Reading Amendments 2-25-2010 rd/sch

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Senate 3rd Reading Amendments 2-24-2010 rd/sch This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 24, 2010 at 11:28 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 25, 2010 at 1:09 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 26, 2010 at 11:40 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 4, 2010 at 5:58 PM by lerror. --> 1

WIRELESS TELEPHONE USE RESTRICTION
2 FOR MINORS IN VEHICLES
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 House Sponsor: Phil Riesen
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to driving
11 by a person younger than 18 years of age.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person younger than 18 years of age from using a wireless telephone
15 while operating a motor vehicle;
16 . provides exceptions to the wireless telephone prohibition;
17 . provides penalties for violating the wireless telephone prohibition;
18 . provides that a violation is a reportable violation; S. [ and ] .S
19 . S. [ requires ] prohibits .S the Driver License Division S. [ to assess ] from
19a assessing .S points against a person's driving
20 record for being convicted of violating the wireless telephone prohibition S. ; and
20a . provides that enforcement for a violation of the prohibition on using a wireless
20b telephone while operating a motor vehicle shall only be as a secondary action when the vehicle
20c has been detained for a suspected violation of certain offenses .S .
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:

27 41-8-4, Utah Code Annotated 1953

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House Floor Amendments 3-4-2010 le/sch

Senate 3rd Reading Amendments 2-26-2010 rd/sch

Senate 3rd Reading Amendments 2-25-2010 rd/sch

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Senate 3rd Reading Amendments 2-24-2010 rd/sch 28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-8-4 is enacted to read:
31 41-8-4. Operation of a vehicle by a person under 18 -- Use of wireless telephones
32 prohibited -- Exceptions -- Penalty.
33 (1) Except as provided in Subsection (2), a person younger than 18 years of age,
34 whether a resident or nonresident of this state, may not use a wireless telephone while
35 operating a motor vehicle upon a highway of this state.
36 (2) Subsection (1) does not prohibit a person younger than 18 years of age from using a
37 wireless telephone while operating a motor vehicle:
38 (a) during a medical emergency;
39 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
40 S. [ or ] .S
41 (c) when reporting a criminal activity or requesting assistance relating to a criminal
42 activity S. ; or
42a (d) when communicating with a parent or legal guardian .S .
43 (3) H. [ (a) Except as provided in Subsection (3)(b), a ] A .H person who violates this
43a section is
44 guilty of an infraction.
45 H. [ (b) A person who violates this section is guilty of a class C misdemeanor if:
46 (i) the person is involved in a motor vehicle accident; and
47 (ii) the motor vehicle accident described in Subsection (3)(b)(i) is a proximate result of
48 the person's negligent operation of the motor vehicle due to a violation of this section. ] .H
49 (4) (a) A violation of this section is a reportable violation as defined under Section
50 53-3-102 .
51 (b) Upon receiving a record of conviction under this section, the Driver License
52 Division S. [ shall ] may not .S assess points against the driving record of the person
52a S. [ convicted in accordance
53 with ] who violates this section under .S Section 53-3-221 .
53a S. (5) Enforcement of this section by a state or local law enforcement officer shall be only as a
53b secondary action when the vehicle has been detained for a suspected violation by any person in
53c the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense. .S

Legislative Review Note
as of 1-27-10 10:55 AM

Office of Legislative Research and General Counsel