H. B. 4344
(By Delegates Martin, Klempa, Barker, Ferro,
Guthrie, Shook, Stephens Swartzmiller)
[Introduced February 4, 2010; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-14-15, relating
to establishing the misdemeanor offenses of operating a motor
vehicle while writing, reading or sending a text-based
communication and using a wireless communication device to
send or receive conversation; providing exceptions; providing
definitions; establishing criminal penalties; and limiting
enforcement of the offense of driving while using a cellular
telephone.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-14-15, to read as
follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Writing, sending or reading a text message by means of a wireless communications device and verbal
communication on a cellular phone while driving
unlawful; definitions; exceptions; penalties.
(a) The use of a wireless communications device by an
operator of a moving motor vehicle on a public road or highway to
write, send or read a text-based communication is unlawful. A
person is not writing, sending or reading a text message when he or
she is reading, selecting or entering a phone number or name in a
wireless communications device for the purpose of making a phone
call.
(b) The use of a wireless communications device for the
purpose of receiving or sending conversation by an operator of a
moving motor vehicle on a public road or highway is unlawful except
when the wireless communication device is a hands-free wireless
communication device being used hands-free, provided that its
placement does not interfere with the operation of federally
required safety equipment and the operator exercises a high degree
of caution in the operation of the motor vehicle.
(c) The provisions of this section do not apply to a driver
who uses a wireless communication device when:
(1) The driver immediately fears for his, her or another
person's life or safety, or the driver believes that he, she or
another person is, or is about to become, the victim of a criminal
act;
(2) The driver uses the wireless communication device to
contact law-enforcement authorities, emergency personnel for the
purpose of reporting criminal activity, a fire, a traffic accident,
a serious road hazard, a medical emergency, a hazardous materials
emergency or any other condition which threatens bodily injury,
public health, welfare or safety; or
(3) Acting in the course and scope of his or her employment as
an emergency services personnel, the driver is responding to an
emergency situation while operating an authorized emergency
vehicle, as defined in section six, article one of this chapter.
(d) The provisions of this section do not apply to any person
under the age of eighteen who operates a motor vehicle pursuant to
section three-a, article two, chapter seventeen-b of this code.
(e) As used in this section:
(1) "Hands-free wireless communication device" means a
wireless communication device equipped with an internal feature or
function, or an attachment or addition, whether or not permanently
part of the device, by which a user engages in a conversation,
sends or receives a message, interchanges information or otherwise
communicates without the use of either hand: Provided, That this
definition does not preclude the use of either hand to activate,
deactivate or initiate a function of the device;
(2) "Use a wireless communication device" means to verbally or
visually converse, message or otherwise interchange information, including utilization of the Internet on a wireless communication
device, whether by audio or video communication, telephone, text
messaging or any other form of electronic communication; and
(3) "Wireless communication device" means a cellular, analog,
wireless or digital device, computer or telephone capable of
accessing, sending or receiving wireless electronic messages,
conversation or other interchange of information, including, but
not limited to, a wireless telephone service, a wireless Internet
service or a wireless text messaging service. A "wireless
communication device" does not include:
(A) Voice radios, mobile radios, land mobile radios,
commercial mobile radios or two-way radios with the capability to
transmit and receive voice transmissions utilizing a "push to talk"
or "press to transmit" function; or
(B) Other voice radios used by a law-enforcement officer, an
emergency services provider, an employee or agent of public safety
organizations, first responders, Amateur Radio Operators(HAM)
licensed by the Federal Communications Commission and school bus
operators.
(f) Any person who violates the provisions of subsection (a)of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall for a first offense be fined $50; for a second
offense be fined $100; and for a third or subsequent offense be
fined $200. No court costs or other fees shall be assessed for a violation of subsection (a).
(g) Any person who violates the provisions of subsection (b)of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall for a first offense be fined $25; for a second
offense be fined $50; and for a third or subsequent offense be
fined $75. No court costs or other fees shall be assessed for a
violation of subsection (b).
(h) Enforcement of subsection (b) of this section may be
accomplished only as a secondary action when a driver has been
detained for probable cause of violating another section of this
code or a municipal ordinance.
(i) Notwithstanding any other provision of this code to the
contrary, no points may be entered on any driver's record
maintained by the Division of Motor Vehicles as a result of a
violation of this section.
NOTE: The purpose of this bill is to create the misdemeanor
offenses of operating a motor vehicle while writing, reading or
sending a text-based communication and using a wireless
communication device to send or receive conversation while
operating a motor vehicle and establishing criminal penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added