Bill Summary – FastDemocracy

Enrolled Copy                                                                       S.B. 102
            WIRELESS COMMUNICATION DEVICE USE IN A MOTOR
                                            VEHICLE
                                    2022 GENERAL SESSION
                                         STATE OF UTAH
                              Chief Sponsor: Chris H. Wilson
                                House Sponsor: Mike Schultz
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 LONG TITLE
 General Description:
        This bill amends provisions related to the use of a wireless communication device while
 operating a motor vehicle.
 Highlighted Provisions:
        This bill:
        < amends definitions;
        < prohibits an individual from using a wireless communication device to view or take
 a photograph while operating a moving motor vehicle;
        < modifies provisions related to suspending an individual's driver license upon a
 conviction of using a wireless communication device while operating a moving
 motor vehicle;
        < modifies the conduct that constitutes automobile homicide involving using a
 wireless communication device while operating a moving motor vehicle; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        41-6a-1716, as last amended by Laws of Utah 2021, Chapter 232
       S.B. 102                                                                        Enrolled Copy
        53-3-218, as last amended by Laws of Utah 2021, Chapter 120
        53-3-402, as last amended by Laws of Utah 2015, Chapters 52 and 422
        76-5-207.5, as last amended by Laws of Utah 2012, Chapter 193
        80-6-712, as enacted by Laws of Utah 2021, Chapter 261
        80-6-804, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
35
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-6a-1716 is amended to read:
        41-6a-1716. Prohibition on using a wireless communication device while
 operating a motor vehicle -- Exceptions -- Penalties.
        (1) As used in this section:
        [(a) "Handheld wireless communication device" means a handheld device used for the
 transfer of information without the use of electrical conductors or wires.]
        [(b) "Handheld wireless communication device" includes a:]
        [(i) wireless telephone;]
        [(ii) text messaging device;]
        [(iii) laptop; or]
        [(iv) any substantially similar communication device that is readily removable from the
 vehicle and is used to write, send, or read text or data through manual input.]
        [(c) "Handheld wireless communication device" does not include a two-way radio
 device described in 47 C.F.R. Part 90, 95, or 97.]
        (a) "Wireless communication device" means:
        (i) a cellular phone;
        (ii) a portable telephone;
        (iii) a text messaging device;
        (iv) a personal digital assistant;
        (v) a stand-alone computer, including a tablet, laptop, or notebook computer;
        (vi) a global positioning receiver;
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       Enrolled Copy                                                                          S.B. 102
        (vii) a device used to display a video, movie, broadcast television image, or visual
 image; or
        (viii) a substantially similar communication device used to initiate or receive
 communication, information, or data.
        (b) "Wireless communication device" does not include a two-way radio device
 described in 47 C.F.R. Part 90, 95, or 97, or a functional equivalent.
        (2) Except as provided in Subsection (3), [a person] an individual may not use a
 [handheld] wireless communication device while operating a moving motor vehicle on a
 highway in this state to manually:
        [(a) write, send, or read a written communication, including:]
        [(i) a text message;]
        [(ii) an instant message; or]
        [(iii) electronic mail;]
        [(b) dial a phone number;]
        [(c) access the Internet;]
        [(d) view or record video; or]
        [(e) enter data into a handheld wireless communication device.]
        (a) (i) write or send a written communication, including:
        (A) a text message;
        (B) an instant message; or
        (C) electronic mail;
        (ii) dial a phone number;
        (iii) access the internet;
        (iv) record video;
        (v) take a photograph; or
        (vi) enter data into a wireless communication device;
        (b) read a written communication, including:
        (i) a text message;
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        S.B. 102                                                                          Enrolled Copy
         (ii) an instant message; or
         (iii) electronic mail; or
         (c) view a video or photograph.
         (3) Subsection (2) does not prohibit [a person] an individual from using a [handheld]
 wireless communication device while operating a moving motor vehicle:
         (a) when using a [handheld] wireless communication device for voice communication;
         (b) to view a global positioning or navigation device or a global positioning or
 navigation application;
         (c) during a medical emergency;
         (d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
         (e) when reporting criminal activity or requesting assistance relating to a criminal
 activity;
         (f) when used by a law enforcement officer or emergency service personnel acting
 within the course and scope of the law enforcement officer's or emergency service personnel's
 employment; or
         (g) to operate:
         (i) hands-free or voice operated technology; or
         (ii) a system that is physically or electronically integrated into the motor vehicle.
         (4) [A person] An individual convicted of a violation of this section is guilty of a:
         (a) class C misdemeanor with a maximum fine of $100; or
         (b) class B misdemeanor if the [person] individual:
         (i) has also inflicted serious bodily injury upon another as a proximate result of using a
 [handheld] wireless communication device in violation of this section while operating a
 moving motor vehicle on a highway in this state; or
         (ii) has a prior conviction under this section, that is within three years of:
         (A) the current conviction under this section; or
         (B) the commission of the offense upon which the current conviction is based.
         Section 2. Section 53-3-218 is amended to read:
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        Enrolled Copy                                                                             S.B. 102
        53-3-218. Court to report convictions and may recommend suspension of license
 -- Severity of speeding violation defined.
        (1) As used in this section, "conviction" means conviction by the court of first
 impression or final administrative determination in an administrative traffic proceeding.
        (2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over
 offenses committed under this chapter or any other law of this state, or under any municipal
 ordinance regulating driving motor vehicles on highways or driving motorboats on the water,
 shall forward to the division within five days, an abstract of the court record of the conviction
 or plea held in abeyance of any person in the court for a reportable traffic or motorboating
 violation of any laws or ordinances, and may recommend the suspension of the license of the
 person convicted.
        (b) When the division receives a court record of a conviction or plea in abeyance for a
 motorboat violation, the division may only take action against a person's driver license if the
 motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
 Influence and Reckless Driving.
        (c) A court may not forward to the division an abstract of a court record of a conviction
 for a violation described in Subsection 53-3-220(1)(c)(i) or (ii), unless the court found that the
 person convicted of the violation was an operator of a motor vehicle at the time of the
 violation.
        (3) (a) A court may not order the division to suspend a person's driver license based
 solely on the person's failure to pay a penalty accounts receivable.
        (b) The court may notify the division, and the division may, prior to sentencing,
 suspend the driver license of a person who fails to appear if the person is charged with:
        (i) an offense of any level that is a moving traffic violation;
        (ii) an offense described in Title 41, Chapter 12a, Part 3, Owner's or Operator's
 Security Requirement; or
        (iii) an offense described in Subsection 53-3-220(1)(a) or (b).
        (4) The abstract shall be made in the form prescribed by the division and shall include:
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        S.B. 102                                                                          Enrolled Copy
         (a) the name, date of birth, and address of the party charged;
         (b) the license certificate number of the party charged, if any;
         (c) the registration number of the motor vehicle or motorboat involved;
         (d) whether the motor vehicle was a commercial motor vehicle;
         (e) whether the motor vehicle carried hazardous materials;
         (f) whether the motor vehicle carried 16 or more occupants;
         (g) whether the driver presented a commercial driver license;
         (h) the nature of the offense;
         (i) whether the offense involved an accident;
         (j) the driver's blood alcohol content, if applicable;
         (k) if the offense involved a speeding violation:
         (i) the posted speed limit;
         (ii) the actual speed; and
         (iii) whether the speeding violation occurred on a highway that is part of the interstate
 system as defined in Section 72-1-102;
         (l) the date of the hearing;
         (m) the plea;
         (n) the judgment or whether bail was forfeited; and
         (o) the severity of the violation, which shall be graded by the court as "minimum,"
 "intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
         (5) When a convicted person secures a judgment of acquittal or reversal in any
 appellate court after conviction in the court of first impression, the division shall reinstate the
 convicted person's license immediately upon receipt of a certified copy of the judgment of
 acquittal or reversal.
         (6) Upon a conviction for a violation of the prohibition on using a [handheld] wireless
 communication device [for text messaging or electronic mail communication] while operating
 a moving motor vehicle under Section 41-6a-1716, a judge may order a suspension of the
 convicted person's license for a period of three months.
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        Enrolled Copy                                                                         S.B. 102
         (7) Upon a conviction for a violation of careless driving under Section 41-6a-1715 that
 causes or results in the death of another person, a judge may order a revocation of the convicted
 person's license for a period of one year.
         Section 3. Section 53-3-402 is amended to read:
         53-3-402. Definitions.
         As used in this part:
         (1) "Alcohol" means any substance containing any form of alcohol, including ethanol,
 methanol, propanol, and isopropanol.
         (2) "Alcohol concentration" means the number of grams of alcohol per:
         (a) 100 milliliters of blood;
         (b) 210 liters of breath; or
         (c) 67 milliliters of urine.
         (3) "Commercial driver license information system" or "CDLIS" means the
 information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle
 Safety Act of 1986, as a clearinghouse for information related to the licensing and
 identification of commercial motor vehicle drivers.
         (4) "Controlled substance" means any substance so classified under Section 102(6) of
 the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the
 current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to
 time.
         (5) "Employee" means any driver of a commercial motor vehicle, including:
         (a) full-time, regularly employed drivers;
         (b) casual, intermittent, or occasional drivers;
         (c) leased drivers; and
         (d) independent, owner-operator contractors while in the course of driving a
 commercial motor vehicle who are either directly employed by or under lease to an employer.
         (6) "Employer" means any individual or person including the United States, a state, or
 a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an
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        S.B. 102                                                                         Enrolled Copy
 individual to drive a commercial motor vehicle.
          (7) "Felony" means any offense under state or federal law that is punishable by death or
 imprisonment for a term of more than one year.
          (8) "Foreign jurisdiction" means any jurisdiction other than the United States or a state
 of the United States.
          (9) "Gross vehicle weight rating" or "GVWR" means the value specified by the
 manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or
 articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed
 units and the loads on those units.
          (10) "Hazardous material" has the same meaning as defined under 49 C.F.R. Sec.
 383.5.
          (11) "Imminent hazard" means the existence of a condition, practice, or violation that
 presents a substantial likelihood that death, serious illness, severe personal injury, or a
 substantial endangerment to health, property, or the environment is expected to occur
 immediately, or before the condition, practice, or violation can be abated.
          (12) "Medical certification status" means the medical certification of a commercial
 driver license holder or commercial motor vehicle operator in any of the following categories:
          (a) Non-excepted interstate. A person shall certify that the person:
          (i) operates or expects to operate in interstate commerce;
          (ii) is both subject to and meets the qualification requirements under 49 C.F.R. Part
 391; and
          (iii) is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.
          (b) Excepted interstate. A person shall certify that the person:
          (i) operates or expects to operate in interstate commerce, but engages exclusively in
 transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3
 from all or parts of the qualification requirements of 49 C.F.R. Part 391; and
          (ii) is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec.
 391.45.
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        Enrolled Copy                                                                          S.B. 102
        (c) Non-excepted intrastate. A person shall certify that the person:
        (i) operates only in intrastate commerce; and
        (ii) is subject to state driver qualification requirements under Sections 53-3-303.5,
 53-3-304, and 53-3-414.
        (d) Excepted intrastate. A person shall certify that the person:
        (i) operates in intrastate commerce; and
        (ii) engages exclusively in transportation or operations excepted from all parts of the
 state driver qualification requirements.
        (13) "NDR" means the National Driver Register.
        (14) "Nonresident CDL" means a commercial driver license issued by a state to an
 individual who resides in a foreign jurisdiction.
        (15) "Out-of-service order" means a temporary prohibition against driving a
 commercial motor vehicle.
        (16) "Port-of-entry agent" has the same meaning as provided in Section 72-1-102.
        (17) "Serious traffic violation" means a conviction of any of the following:
        (a) speeding 15 or more miles per hour above the posted speed limit;
        (b) reckless driving as defined by state or local law;
        (c) improper or erratic traffic lane changes;
        (d) following the vehicle ahead too closely;
        (e) any other motor vehicle traffic law which arises in connection with a fatal traffic
 accident;
        (f) operating a commercial motor vehicle without a CDL or a CDIP;
        (g) operating a commercial motor vehicle without the proper class of CDL or CDL
 endorsement for the type of vehicle group being operated or for the passengers or cargo being
 transported;
        (h) operating a commercial motor vehicle witho