S.B. 98

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Senate 2nd Reading Amendments 2-28-2012 cm/sch This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 28, 2012 at 11:22 AM by cmillar. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 28, 2012 at 11:44 AM by cmillar. --> 1

AMENDMENTS TO PROHIBITION ON USING A HANDHELD
2 WIRELESS COMMUNICATION DEVICE WHILE OPERATING
3 A VEHICLE
4 2012 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Lyle W. Hillyard
7 House Sponsor: Richard A. Greenwood
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Traffic Code and the Utah Criminal Code by amending
12 provisions to relating the prohibition of using a wireless communication device while
13 operating a moving motor vehicle.
14 Highlighted Provisions:
15 This bill:
16 . amends definitions;
17 . provides that a person may not use a handheld wireless communication device while
18 operating a moving motor vehicle on a highway in this state to:
19 . text message;
20 . S. manually .S communicate through an electronic mail system;
21 . manually enter data into a handheld wireless communication device;
22 . send data, read text, or view images on a handheld wireless communication
23 device; or
24 . manipulate an application from a handheld wireless communication device
24a S. [ S. , unless the application is being manipulated with a hands free application .S ] .S ;
25 . provides that a person is not prohibited from using a handheld wireless
26 communication device while operating a moving motor vehicle:
27 . when making or receiving a telephone call; S. [ or ] .S

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Senate 3rd Reading Amendments 2-28-2012 cm/sch 28

. when using a handheld wireless communication device for global positioning or
29 navigation services; S. or
29a . to operate a hands-free or voice operated technology or to operate a system that is
29b physically or electronically integrated into the motor vehicle; .S
30 . provides that a person is guilty of automobile homicide involving a handheld
31 wireless communication device if the person uses a handheld wireless
32 communication device for certain purposes while operating a moving motor vehicle
33 in a negligent or criminally negligent manner and causes the death of another
34 person; and
35 . makes technical changes.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 41-6a-1716, as enacted by Laws of Utah 2009, Chapter 291
43 76-5-207.5, as enacted by Laws of Utah 2009, Chapter 291
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 11. Section 41-6a-1716 is amended to read:
47 41-6a-1716. Prohibition on using a handheld wireless communication device for
48 text messaging communication while operating a moving motor vehicle -- Penalties.
49 (1) As used in this section:
50 (a) (i) "Handheld wireless communication device" means a handheld device used for
51 the transfer of information without the use of electrical conductors or wires.
52 (ii) "Handheld wireless communication device" includes a:
53 (A) wireless telephone;
54 (B) personal digital assistant;
55 (C) pager; or
56 (D) text messaging device.
57 (b) (i) "Text [messaging" has the same meaning as defined in Section 76-4-401 .]
58 message" means to S. manually .S communicate in the form of electronic text or one or more
58a electronic

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Senate 2nd Reading Amendments 2-28-2012 cm/sch 59

images sent by the actor from a handheld wireless communication device to another person's
60 handheld wireless communication device or computer by addressing the communication to the
61 person's telephone number.
62 (ii) "Text message" includes S. manually .S composing a communication in the form of
62a electronic text
63 or an electronic image by the actor even if the electronic text or image has not been sent to
64 another person.
64a S. [ S. (iii) "Text message" does not include communicating, composing a communication,
64b or receiving a communication in the form of electronic text or one or more electronic images
64c sent by the actor from a handheld wireless communication device to another person's
64d handheld wireless communication device or computer by addressing the communication to the
64e person's telephone number if the electronic text or image is communicated, composed, or
64f received using a hands free application. .S ] .S
65 (2) Except as provided in Subsection (3), a person may not use a handheld wireless
66 communication device [for text messaging or electronic mail communication] while operating
67 a moving motor vehicle on a highway in this state[.] to:
68 (a) text message;
69 (b) S. manually .S communicate through an electronic mail system;
70 (c) manually enter data into a handheld wireless communication device;
71 (d) send data, read text, or view images on a handheld wireless communication device;
72 or
73 (e) manipulate an application from a handheld wireless communication device
73a S. [ S. , unless the application is being manipulated with a hands free application .S ] .S .
74 (3) Subsection (2) does not prohibit a person from using a handheld wireless
75 communication device while operating a moving motor vehicle:
76 (a) when making or receiving a telephone call;
77 (b) when using a handheld wireless communication device for global positioning or
78 navigation services;
79 [(a)] (c) during a medical emergency;
80 [(b)] (d) when reporting a safety hazard or requesting assistance relating to a safety
81 hazard;
82 [(c)] (e) when reporting criminal activity or requesting assistance relating to a criminal
83 activity;
84 [(d)] (f) when providing roadside or medical assistance; S. [ or ] .S
85 [(e)] (g) when used by a law enforcement officer or emergency service personnel acting

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Senate 2nd Reading Amendments 2-28-2012 cm/sch 86

within the course and scope of the law enforcement officer's or emergency service personnel's
87 employment S. ; or
87a (h) to operate:
87b (i) hands-free or voice operated technology; or
87c (ii) a system that is physically or electronically integrated into the motor vehicle .S .
88 (4) A person convicted of a violation of this section is guilty of a:
89 (a) class C misdemeanor; or

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- 4 - 90 (b) class B misdemeanor if the person:
91 (i) has also inflicted serious bodily injury upon another as a proximate result of using a
92 handheld wireless communication device for text messaging or electronic mail communication
93 while operating a moving motor vehicle on a highway in this state; or
94 (ii) has a prior conviction under this section, that is within three years of:
95 (A) the current conviction under this section; or
96 (B) the commission of the offense upon which the current conviction is based.
97 Section 2. Section 76-5-207.5 is amended to read:
98 76-5-207.5. Automobile homicide involving using a handheld wireless
99 communication device while driving.
100 (1) As used in this section:
101 (a) "Criminally negligent" means criminal negligence as defined by Subsection
102 76-2-103 (4).
103 [(a)] (b) "Handheld wireless communication device" has the same meaning as defined
104 in Section 41-6a-1716 .
105 [(b)] (c) "Motor vehicle" means any self-propelled vehicle and includes any
106 automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
107 [(c) "Text messaging" has the same meaning as defined in Section 76-4-401 .]
108 [(2) (a) As used in this Subsection (2), "negligent"]
109 (d) "Negligent" means simple negligence, the failure to exercise that degree of care that
110 reasonable and prudent persons exercise under like or similar circumstances.
111 [(b)] (2) Criminal homicide is automobile homicide, a third degree felony, if the person
112 operates a moving motor vehicle in a negligent manner:
113 [(i)] (a) while using a handheld wireless communication device [for text messaging or
114 electronic mail communication] in violation of Section 41-6a-1716 ; and
115 [(ii)] (b) causing the death of another person.
116 [(3) (a) As used in this Subsection (3), "criminally negligent" means criminal
117 negligence as defined by Subsection 76-2-103 (4).]
118 [(b)] (3) Criminal homicide is automobile homicide, a second degree felony, if the
119 person operates a moving motor vehicle in a criminally negligent manner:
120 [(i)] (a) while using a handheld wireless communication device [for text messaging or

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- 5 - 121 electronic mail communication] in violation of Section 41-6a-1716 ; and
122 [(ii)] (b) causing the death of another person.

Legislative Review Note
as of 2-3-12 3:39 PM

Office of Legislative Research and General Counsel