First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1129
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-177.3; (11)HE1129.1.1. -->
SECTION 1. IC 9-13-2-177.3, AS ADDED BY P.L.101-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 177.3. (a) "Telecommunications device", for
purposes of IC 9-21-8 and IC 9-24-11-3.3,
has the meaning set forth
in IC 9-24-11-0.5. means an electronic or digital
telecommunications device. The term includes a:
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a
person licensed as an amateur radio operator by the Federal
Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial motor
vehicle weighing more than ten thousand (10,000) pounds.
SOURCE: IC 9-13-2-177.4; (11)HE1129.1.2. -->
SECTION 2. IC 9-13-2-177.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 177.4. "Text message", for
purposes of IC 9-21-8, has the meaning set forth in IC 9-21-8-0.5.
SOURCE: IC 9-21-8-0.5; (11)HE1129.1.3. -->
SECTION 3. IC 9-21-8-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.5. As used in this chapter, "text message" means a
communication in the form of electronic text sent from a
SOURCE: IC 9-21-8-59; (11)HE1129.1.4. -->
SECTION 4. IC 9-21-8-59 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 59. (a) A person may not use a telecommunications
(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in
conjunction with hands free or voice operated technology, or unless
the device is used to call 911 to report a bona fide emergency.
(b) A police officer may not confiscate a telecommunications
device for the purpose of determining compliance with this section
or confiscate a telecommunications device and retain it as evidence
pending trial for a violation of this section.
SOURCE: IC 9-24-11-0.5; (11)HE1129.1.5. -->
SECTION 5. IC 9-24-11-0.5 IS REPEALED [EFFECTIVE JULY
HEA 1129 _ CC 1
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