Reprinted

February 24, 2009





HOUSE BILL No. 1242

_____


DIGEST OF HB 1242 (Updated February 23, 2009 10:26 pm - DI 96)



Citations Affected: IC 9-13; IC 9-21; IC 9-24.

Synopsis: Personal communication devices. Prohibits the use of a personal communication device by a motor vehicle operator less than 18 years of age except in certain public safety or emergency situations and prohibits a county, city, town or other governmental unit from adopting a more restrictive ordinance concerning personal communication devices. Provides that personal communication devices do not include two-way radios or walkie-talkies. Imposes civil penalties for violations and restricts the bureau of motor vehicles from assessing points for a violation. Provides for the deposit of the penalties in the state general fund.

Effective: July 1, 2009.





Summers , Welch




    January 12, 2009, read first time and referred to Committee on Public Policy.
    February 12, 2009, amended, reported _ Do Pass.
    February 16, 2009, read second time, amended, call withdrawn.
    February 23, 2009, re-read second time, ordered engrossed.





Reprinted

February 24, 2009

First Regular Session 116th General Assembly (2009)


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.
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HOUSE BILL No. 1242



    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 9-13-2-124.3; (09)HB1242.2.1. -->     SECTION 1. IC 9-13-2-124.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 124.3. "Personal communication device", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-1.
SOURCE: IC 9-13-2-195.2; (09)HB1242.2.2. -->     SECTION 2. IC 9-13-2-195.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 195.2. "Using a personal communication device", for purposes of IC 9-21-22, has the meaning set forth in IC 9-21-22-2.
SOURCE: IC 9-21-22; (09)HB1242.2.3. -->     SECTION 3. IC 9-21-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 22. Use of Personal Communication Devices
    Sec. 1. As used in this chapter, "personal communication device" includes the following:
        (1) A device, including a mobile or cellular telephone, used to

access wireless telephone service.
        (2) A personal data assistant.
The term does not include a two-way radio, including, but not limited to, a citizens band (CB) radio or a handheld, portable, two-way radio transceiver commonly known as a walkie-talkie.
    Sec. 2. As used in this chapter, "using a personal communication device" includes using a personal communication device to communicate orally or in writing or text.
    Sec. 3. Except as provided in sections 4 and 5 of this chapter, an individual who is less than eighteen (18) years of age shall not operate a motor vehicle while using a personal communication device.
    Sec. 4. Section 3 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. 5. Section 3 of this chapter does not apply to an operator of a motor vehicle who uses a personal communication 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. 6. An individual who violates section 3 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. 8. The bureau may not assess points under the point system for a violation of this chapter.

     Sec. 9. A county, city, town, or other governmental unit may not adopt an ordinance more restrictive than this chapter.
SOURCE: IC 9-24-11-3; (09)HB1242.2.4. -->     SECTION 4. IC 9-24-11-3, AS AMENDED BY P.L.184-2007, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) A license issued to an individual less than eighteen (18) years of age is a probationary license.
    (b) An individual holds a probationary license subject to the following conditions:
        (1) Except as provided in IC 31-37-3, the individual may not operate a motor vehicle during the curfew hours specified in IC 31-37-3-2.
        (2) During the ninety (90) days following the issuance of the probationary license, the individual may not operate a motor vehicle in which there are passengers unless another individual who:
            (A) is at least twenty-one (21) years of age; and
            (B) holds a valid operator's license issued under this article;
        is present in the front seat of the motor vehicle.
        (3) The individual may operate a motor vehicle only if the individual and each occupant of the motor vehicle has a safety belt properly fastened about the occupant's body at all times when the motor vehicle is in motion.
         (4) Except as provided in IC 9-21-22-4 and IC 9-21-22-5, the individual who is less than eighteen years of age may not operate a motor vehicle while using a personal communication device.
    (c) An individual who holds a probationary license issued under this section may receive an operator's license, a chauffeur's license, a public passenger chauffeur's license, or a commercial driver's license when the individual is at least eighteen (18) years of age.
    (d) Except as provided in subsection (e), a probationary license issued under this section:
        (1) expires at midnight of the twenty-first birthday of the holder; and
        (2) may not be renewed.
    (e) A probationary license issued under this section to an individual who complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9) expires:
        (1) at midnight one (1) year after issuance if there is no expiration date on the authorization granted to the individual to remain in the United States; or
        (2) if there is an expiration date on the authorization granted to the individual to remain in the United States, the earlier of the following:
            (A) At midnight of the date the authorization to remain in the United States expires.
            (B) At midnight of the twenty-first birthday of the holder.
SOURCE: IC 9-24-11-8; (09)HB1242.2.5. -->     SECTION 5. IC 9-24-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) Except as provided in subsections (b), and (c), and (d), 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) The penalty for a violation of section 3(b)(4) of this chapter is a civil penalty as set forth in IC 9-21-22-7.
    (d) (e) 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).