Bill
Number: S.B. 1274
Farley Floor Amendment #1
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.
FARLEY FLOOR AMENDMENT #1
SENATE AMENDMENTS TO S.B. 1274
(Reference to printed bill)
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
28-1211. 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.
28-1212. 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