Bill Text: AZ SB1087 | 2017 | Fifty-third Legislature 1st Regular | Introduced

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Bill Title: Wireless communication device; driving; prohibition

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-01-18 - Senate read second time [SB1087 Detail]

Download: Arizona-2017-SB1087-Introduced.html

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REFERENCE TITLE: wireless communication device; driving; prohibition

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1087

 

Introduced by

Senators Farley: Bowie, Fann, Kavanagh; Representative Clodfelter

 

 

AN ACT

 

amending title 28, chapter 3, article 15, Arizona Revised Statutes, by adding section 28‑913; relating to wireless communication devices.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-913, to read:

START_STATUTE28-913.  Use of wireless communication device while driving; prohibition; exceptions; nonmoving violation; civil penalties; accident report

A.  A person shall not operate a motor vehicle on a highway while using a wireless communication device to manually type, send, read or enter a written message or visual communication, including a text message, an instant message, an e‑mail or a communication on social media.

B.  This section does not apply to any of the following:

1.  Law enforcement and safety personnel while in the performance of official duties.

2.  Drivers of authorized emergency vehicles while in the performance of official duties.

C.  A violation of this section is a nonmoving civil traffic violation.

D.  If a person commits a first violation of this section and the person is not involved in a motor vehicle collision, the person is subject to a civil penalty of one hundred dollars.

E.  If a person commits a second or subsequent violation of this section and the person is not involved in a motor vehicle collision, the person is subject to a civil penalty of three hundred dollars.

F.  If a person violates this section and the person is involved in a motor vehicle collision, the person is subject to a civil penalty of five hundred dollars except that if the collision results in the death of another person, the person is subject to a civil penalty of ten thousand dollars.

G.  If a person is cited for violating this section, the person is involved in a motor vehicle collision and a written accident report is required pursuant to article 4 of this chapter, the law enforcement officer investigating the collision shall indicate on the written accident form the person's use of a wireless communication device to manually type, send, read or enter a written message, or visual communication, including a text message, an instant message, an e‑mail or a communication on social media at the time of the collision. END_STATUTE