H. B. No. 431
*HR40/R145*
G1/209/HR40/R145PAGE 1
(DJ\BD)
To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2009 By: Representatives Broomfield, Bailey,Burnett, Buck (72nd), Clark, Gardner,Hamilton (109th), Myers, Palazzo, Peranich,Upshaw, Whittington HOUSE BILL NO. 431 AN ACT TO PROHIBIT THE USE OF WIRELESS TELEPHONES OR1ELECTRONIC COMMUNICATION DEVICES TO MAKE PHONE CALLS WHILE2OPERATING A MOTOR VEHICLE EXCEPT WHEN THE WIRELESS TELEPHONE OR3ELECTRONIC COMMUNICATION DEVICE IS HANDS-FREE; TO PROHIBIT THE USE4OF WIRELESS TELEPHONES OR ELECTRONIC COMMUNICATION DEVICES TO5WRITE, SEND OR READ A TEXT-BASED COMMUNICATION WHILE OPERATING A6MOTOR VEHICLE; TO PROVIDE EXEMPTIONS FROM COMPLIANCE WITH THE7REQUIREMENTS OF THIS ACT; TO PROVIDE PENALTIES FOR VIOLATIONS;8AND FOR RELATED PURPOSES.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:10
SECTION 1.
(1) (a) The use of a wireless telephone or11electronic communication device by an operator of a moving motor12vehicle on a public road or highway of this state shall be13unlawful except when the telephone is a hands-free wireless14telephone or the electronic communication device is used15hands-free, provided that its placement does not interfere with16the operation of the motor vehicle.17(b) For the purpose of this section, an "electronic18communication device" shall not include an amateur radio.19(c) As used in this act, "hands-free wireless20telephone" means a mobile telephone that has an internal feature21or function, or that is equipped with an attachment or addition,22whether or not permanently part of such mobile telephone, by which23a user engages in a conversation without the use of either hand;24provided, however, this definition shall not prevent the use of25either hand to activate, deactivate or initiate a function of the26telephone.27(2) (a) It shall be unlawful for an operator of a moving28motor vehicle on a public road or highway of this state to use a29
H. B. No. 431
*HR40/R145*
09/HR40/R145PAGE 2
(DJ\BD)
wireless telephone or electronic communication device to write,30send or read a text-based communication.31(b) As used in this section, "write, send or read a32text-based communication" means using a wireless telephone or33electronic communication device to manually communicate with any34person using a text-based communication, including, but not35limited to, communications referred to as a text message, instant36message or electronic mail.37(c) For purposes of subsection (2) of this section, a38person shall not be deemed to be writing, sending or reading a39text-based communication if the person reads, selects or enters a40telephone number or name in a wireless telephone or electronic41communication device for the purpose of making or receiving a42telephone call.43(3) The provisions of this section shall not apply if:44(a) The operator is any law enforcement officer, fire45fighter or operator of an authorized emergency vehicle while46engaged in the actual performance of official duties;47(b) The operator makes the call or writes, sends or48reads a text-based communication after steering the vehicle onto49the right-hand shoulder of the road or highway and has brought the50vehicle to a complete stop and placed in the park position;51(c) The operator has reason to fear for his life or52safety, or believes that a criminal act may be perpetrated against53himself or another person; or54(d) The operator is using the telephone to report to55appropriate authorities:56(i) A fire;57(ii) A traffic accident;58(iii) A serious road hazard;59(iv) A medical or hazardous materials emergency;60or61
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