First Regular Session 117th General Assembly (2011)


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.
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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 telecommunications device.

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 device to:
        (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 1, 2011].


HEA 1129 _ CC 1

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