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2013 SESSION

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SB 1222 Handheld personal communications devices; mandatory minimum fine when convicted of reckless driving.

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also increases the punishment of any person convicted of reckless driving to include a $250 mandatory minimum fine if the person was texting at the time of the reckless driving offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill also provides that the Department of Criminal Justice Services shall make training on such offenses available to state and local law-enforcement agencies. The bill incorporates SB 981, SB 1160, and SB 1238. The bill is identical to HB 1907.

SUMMARY AS PASSED:

Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $250 and, for a second or subsequent offense, by a fine of $500. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also increases the punishment of any person convicted of reckless driving to include a $500 mandatory minimum fine if the person was texting at the time of the reckless driving offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill incorporates SB 981, SB 1160, and SB 1238. The bill is identical to HB 1907.

SUMMARY AS PASSED SENATE:

Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $250 and, for a second or subsequent offense, by a fine of $500. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also increases the punishment of any person convicted of reckless driving to include a $500 mandatory minimum fine if the person was texting at the time of the reckless driving offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill also increases the punishment of any person convicted of reckless driving to include a $500 mandatory minimum fine if the person was texting at the time of the reckless driving offense. The bill incorporates SB 1160 and SB 1238.

SUMMARY AS INTRODUCED:

Reckless driving; using a handheld communications device; penalty. Provides that driving while simultaneously using a handheld communications device for something other than verbal communication constitutes driving a motor vehicle that is not under proper control, punishable as reckless driving, a Class 1 misdemeanor. Under current law, the more specific offense of "texting while driving" (repealed by this bill) incurs a $20 fine and is a secondary offense, which means that a law-enforcement officer must have cause to stop or detain a driver for some other violation, the primary offense, before issuing a citation for texting while driving, the secondary offense.