HOUSE OF REPRESENTATIVES	H.B. NO.	623
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO operation of motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291-    Using a handheld wireless communication device for text messaging communication while operating a motor vehicle. (a)  No person shall use a handheld wireless communication device for text messaging or electronic mail communication, or otherwise accessing the Internet while operating a motor vehicle upon any public street, road, or highway.

(b)  Subsection (a) shall not prohibit a person from using a handheld wireless communication device while operating a motor vehicle:

(1) During a medical emergency;

(2) When reporting a safety hazard or requesting assistance relating to a safety hazard;

(3) When reporting criminal activity or requesting assistance relating to a criminal activity;

(4) When providing roadside or medical assistance; or

(5) 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.

(c)  Any person violating subsection (a) shall be guilty of a petty misdemeanor; provided that the person shall be guilty of:

(1) A misdemeanor if the person has a prior conviction under subsection (a) 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;

(2) A class C felony, if the person's driving causes substantial bodily injury or serious bodily injury to another person; or

(3) A class B felony, if the person's driving causes the death of another person.

(d)  For purposes of this section, unless the context indicates otherwise:

"Handheld wireless communication device" includes the following:

(1) A wireless telephone;

(2) A personal digital assistant;

(3) Pager; or

(4) Text messaging device."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Traffic Violations; Driver Distractions

Description:

Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.