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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 . 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;
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; or
28 . when using a handheld wireless communication device for global positioning or
29 navigation services;
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:
38 Other Special Clauses:
40 Utah Code Sections Affected:
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
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 [
58 message" means to communicate in the form of electronic text or one or more electronic
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 composing a communication in the form of 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.
65 (2) Except as provided in Subsection (3), a person may not use a handheld wireless
66 communication device [
67 a moving motor vehicle on a highway in this state[
68 (a) text message;
69 (b) 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;
73 (e) manipulate an application from a handheld wireless communication device.
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;
86 within the course and scope of the law enforcement officer's or emergency service personnel's
88 (4) A person convicted of a violation of this section is guilty of a:
89 (a) class C misdemeanor; or
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).
104 in Section 41-6a-1716 .
106 automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
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.
112 operates a moving motor vehicle in a negligent manner:
119 person operates a moving motor vehicle in a criminally negligent manner:
Legislative Review Note
as of 2-3-12 3:39 PM