2009 -- S 0204 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     Introduced By: Senators Sosnowski, Perry, Tassoni, and DiPalma

     Date Introduced: February 04, 2009

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

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hereby amended by adding thereto the following section:

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     31-22-11.10. Text messaging while operating a motor vehicle. – (a) For purposes of

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this section, the following terms shall have the following meanings:

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     (1) “Hands Free” means the manner in which a wireless handset is operated for the

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purpose of composing, reading or sending text messages, by using an internal feature or function,

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or through an attachment or addition, including but not limited to, an earpiece, headset, remote

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microphone or short range wireless connection, thereby allowing the user to operate said device

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without the use of hands.

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     (2) “Inoperability” means a motor vehicle that is incapable of being operated or being

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operated in a safe and prudent manner due to mechanical failure, including but not limited to,

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engine overheating or tire failure.

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     (3) “Motor Vehicle” means any vehicle that is self-propelled by a motor, including but

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not limited to, automobiles, trucks, vans, construction vehicles, etc.

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     (4) “Person” means any natural person, corporation, unincorporated association, firm,

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partnership, joint venture, joint stock association or other entity or business organization of any

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kind.

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     (5) “Stopped” means not in motion.

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     (6) “Text Message”, also referred to as short messaging service (SMS) means the process

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by which users send, read, or receive messages on a wireless handset, including but not limited to,

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text messages, instant messages, electronic messages or e-mails, in order to communicate with

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any person or device.

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     (7) “Use” means to hold a wireless handset in one’s hands.

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     (8) “Wireless Handset” means a portable electronic or computing device, including

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cellular telephones and digital personal assistants (PDAs), capable of transmitting data in the

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form of a text message.

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     (b) No person shall use a wireless handset to compose, read or send text messages while

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operating a motor vehicle on any public street or public highway within the state of Rhode Island.

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     (c) Notwithstanding the provisions of subsection (b), this section shall not be construed

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to prohibit the use of any wireless handset by:

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     (1) Any law enforcement, public safety or police officers, emergency services officials,

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first aid, emergency medical technicians and personnel, and fire safety officials in the

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performance of duties arising out of and in the course of their employment as such;

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     (2) A person using a wireless handset to contact an individual listed in subsection (c)(1);

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or

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     (3) A person using a wireless handset inside a motor vehicle while such motor vehicle is

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parked, standing or stopped and is removed from the flow of traffic, in accordance with

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applicable laws, rules or ordinances, or is stopped due to the inoperability of such motor vehicle.

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     (d) Nothing in this section shall be construed to prohibit a person operating a motor

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vehicle from utilizing a hands-free wireless handset.

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     (e) Any person who violates any of the provisions of this section shall, upon conviction,

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be subject to a fine of fifty dollars ($50.00); for a second conviction shall be subject to a fine of

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seventy-five dollars ($75.00); and for a third or subsequent conviction a person shall be subject to

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a fine of one hundred dollars ($100).

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

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     This act would make text messaging while driving a motor vehicle offense and provide

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fines and penalties.

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     This act would take effect upon passage.

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