Senate Bill No. 98, introduced by Senator McMath, seeks to amend existing laws regarding the use of wireless telecommunications devices while operating a motor vehicle in Louisiana. The bill prohibits the use of handheld devices on public roadways, repealing previous statutes that applied only to specific groups or situations, such as school zones or individuals with learner's permits. The new law will apply universally, with exceptions for emergency situations, utility workers, and law enforcement officers. It also clarifies definitions related to "hands-free" devices and establishes a structured penalty system for violations, including escalating fines for repeated offenses and doubled fines if a violation occurs during a crash.

The bill retains the classification of using a wireless telecommunications device while driving as a moving violation, enforcing it as a secondary offense unless the driver is already being detained for another traffic violation. However, it introduces a provision allowing this violation to be treated as a primary offense in school or construction work zones. Additionally, it preserves the affirmative defense for individuals under existing exceptions and mandates that law enforcement officers issue only written warnings for violations occurring before January 1, 2025. The bill also stipulates that probable cause for violations can be established through an officer's clear observation, while limiting the ability of officers to search or seize devices without probable cause. The legislation is set to take effect on August 1, 2024.

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