Senate Bill No. 98, introduced by Senator McMath, seeks to streamline and update Louisiana's laws regarding the use of wireless telecommunications devices while driving. The bill prohibits the use of handheld devices on public roadways for all individuals, consolidating previous specific restrictions into a single statute (R.S. 32:300.8) and repealing earlier laws (R.S. 32:300.5, 300.6, and 300.7). It clarifies definitions related to "hands-free" devices and outlines illegal actions while driving. The bill establishes a graduated fine system for violations, ranging from $50 to $1,000, with community service requirements for certain offenses, and maintains that fines will be doubled if a violation occurs during a crash. Exceptions are made for emergency situations and specific professional roles, while also ensuring that law enforcement cannot search or seize devices based solely on a violation of this statute.

The bill classifies the use of wireless devices while driving as a moving violation, primarily enforcing it as a secondary offense unless the driver is already being detained for another traffic violation. However, it allows this violation to be treated as a primary offense in school and construction zones. It preserves affirmative defenses for individuals under existing exemptions and mandates that law enforcement issue only written warnings for violations occurring before January 1, 2025. Additionally, the bill allows probable cause determinations based on an officer's clear view of the infraction and prohibits searches or seizures related to the violation, while permitting custodial arrests in specific circumstances. The bill is set to take effect on August 1, 2024, and includes technical corrections regarding the indigent defender fund.

Statutes affected:
SB98 Original: 15:11(A)(4)
SB98 Engrossed: 15:11(A)(4)
SB98 Reengrossed: 15:11(A)(4)