Bill
Number: S.B. 1274
Farley
Floor Amendment #1
Reference
to: printed bill
Amendment
drafted by: Aaron Latham
FLOOR
AMENDMENT EXPLANATION
1. Prohibits
an individual from operating a motor vehicle on a highway while using a
wireless communication device to manually write, send or read a written
message.
2. Exempts the following individuals while in
performance of official duties:
a) law enforcement and safety personnel; and
b) drivers of authorized emergency vehicles.
3. Exempts the use
of a wireless communication device for global positioning or navigation
services.
4. Classifies the offense as a nonmoving civil traffic
violation.
5. Establishes the following civil penalties
for drivers not involved in a motor vehicle accident:
a) $100 for a first-time offense; and
b) $300 for a second or subsequent offense.
6. Establishes the following civil penalties
for offenders involved in a motor vehicle accident:
a) $500; or
b) $1,000 if the accident results in a person’s death.
7. Requires a law enforcement officer
investigating a motor vehicle accident that requires a written accident
report to indicate on the form that the driver was texting while
driving, if the person is cited for violating the prohibition.
Page 1, between lines 1 and 2,
insert:
“Section 1. Title 28, chapter 3, Arizona
Revised Statutes, is amended by adding article 22, to read:
ARTICLE 22. TEXT MESSAGING WHILE DRIVING
START_STATUTE28-1211. Text messaging while driving; prohibition; exceptions
A. A
person shall not operate a motor vehicle on a highway while using a wireless
communication device to Manually write, send or read a written message.
B. This
section does not apply to any of the following:
1. Law
enforcement and safety personnel while in performance of official duties.
2. Drivers
of authorized emergency vehicles while in performance of official duties.
3. the
use of wireless communication device for global positioning or navigation
services.END_STATUTE
START_STATUTE28-1212. Nonmoving violation; civil penalties; accident reports
A. A
violation of this article is a nonmoving civil traffic violation.
B. If
a person commits a first violation of this article and the person is not
involved in a motor vehicle accident, the person is subject to a civil penalty
of one hundred dollars.
C. If
a person commits a second or subsequent violation of this article and the
person is not involved in a motor vehicle accident, the person is subject to a
civil penalty of three hundred dollars.
D. If
a person violates this article and the person is involved in a motor vehicle
accident, the person is subject to a civil penalty of five hundred dollars
except that if the accident results in the death of another person, the person
is subject to a civil penalty of ten thousand dollars.
E. If
a person is cited for violating this article, the person is involved in a motor
vehicle accident and a written accident report is required pursuant to article
4 of this chapter, the law enforcement officer investigating the accident shall
indicate on the written accident form the person's use of a wireless
communication device to manually write, send or read a written message at the
time of the accident.”
Renumber to conform
Amend title to conform