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) that applied only to certain groups like minors and learners' permit holders. It clarifies definitions related to wireless device usage and outlines exceptions for emergency situations and utility workers. The bill also introduces a graduated fine system for violations, with increased penalties for repeat offenses and additional consequences if a violation occurs during a crash.

In terms of enforcement, the bill maintains the classification of using a wireless device while driving as a moving violation, primarily enforceable 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. The bill 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. Additionally, it establishes that probable cause for violations can be determined based on the officer's clear observation, while restricting officers from searching or seizing devices without probable cause. The effective date for these changes is set for August 1, 2024.

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