STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 808	By:	Paddack

AS INTRODUCED

An Act relating to motor vehicles; limiting use of wireless telecommunication device; defining terms; allowing for exemptions; establishing penalties; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 15-102.1a of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  No person, eighteen (18) years or younger, shall operate a motor vehicle upon a public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication.  A person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
B.  For purposes of this section:
1.  "Wireless telecommunications device" means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input.  A wireless telecommunications device shall not include any device or component that is permanently affixed to a motor vehicle. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, or electronic communication devices with a push-to-talk function; and
2.  "Write, send, or read a text-based communication" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail.
C.  The provisions of this section shall not apply to the following:
1.  Any law enforcement officer, firefighter, or operator of an authorized emergency vehicle while engaged in the actual performance of his or her official duties;
2.  An operator of a moving motor vehicle using a wireless
telecommunications device to:
a.	report illegal activity,
b.	summon medical or other emergency help,
c.	prevent injury to a person or property,
d.	relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle,
e.	navigate using a global positioning system; or
3.  A physician or other health care provider using a wireless
telecommunications device to communicate with a hospital, health clinic or the office of the physician, or to otherwise provide for the health care of an individual or medical emergency through a text-based communication.
D.  1.  The first violation of the provisions of this section shall be punishable by a fine of not more than One Hundred Dollars ($100.00).
2.  Each subsequent violation shall be punishable by a fine of not more than Two Hundred Fifty Dollars ($250.00).
3.  If the person is involved in a crash at the time of violation, then the fine shall be equal to double the amount of the standard fine imposed in this subsection and the law enforcement officer investigating the crash shall indicate on the written accident form that the person was using a wireless telecommunications device at the time of the crash.
4.  Any violation of this section shall constitute a moving violation.  A law enforcement officer shall enforce the provisions of this section only as a secondary action when the officer detains a driver for an alleged violation of another provision of this section.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-938	MRB	1/14/2009 3:33:08 PM