Prohibiting the use of a hand-held electronic communication device while driving in a road work zone or school zone, providing penalties, and making penalties applicable

276 prohibits a person from using a hand-held electronic communication device to write, send, or view an electronic message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway. “Hand-held electronic communication device” is defined as a mobile telephone or other portable electronic communication device capable of being used to write, send, or view an electronic message. “Hand-held electronic communication device” does not include a voice-operated or hands-free device which allows the user to write, send, or view an electronic message without the use of either hand except to activate or deactivate a feature or function. The prohibition does not apply to the use of a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone. Persons engaged in public safety and health care professions or persons who receive safety-related information are exempt from the prohibition under certain circumstances.276 is not considered a moving violation and is a simple misdemeanor punishable by a scheduled fine of $45. This bill prohibits the use of a hand-held electronic communication device by any person while driving in a road work zone or a school zone. The exceptions under current law for global positioning or navigation systems, entering a telephone number or name, public safety or health care professionals, or persons receiving safety-related information do not apply to this prohibition. A person convicted under the bill is guilty of a simple misdemeanor punishable by a scheduled fine of $100 and the violation is considered a moving violation. Under current law, a moving violation can be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status.482A, if the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.6A (homicide or serious injury by vehicle). The bill adds to this provision a person’s use of a hand-held electronic communication device for any purpose while driving in a road work zone or school zone. A person commits a class “C” felony when the person unintentionally causes the death of another in this manner, and a class “D” felony when the person unintentionally causes serious injury in this manner. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.