Bill Text: NJ A4410 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides immunity from civil liability for person who sends text message to motor vehicle operator.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Law and Public Safety Committee [A4410 Detail]
Download: New_Jersey-2012-A4410-Introduced.html
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Provides immunity from civil liability for person who sends text message to motor vehicle operator.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning civil liability relating to text messaging while driving and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any person who sends a text message or other electronic message via a wireless telephone or electronic communication device shall not be liable for civil damages resulting from a motor vehicle accident caused by, either directly or indirectly, the message recipient's unlawful use of a hand-held wireless telephone while driving in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3).
2. This act shall take effect immediately.
STATEMENT
This bill provides that a person who sends a text message would not be liable for civil damages resulting from a motor vehicle accident caused by the message recipient's violation of the State's ban on talking or texting while driving. Under current law, an operator of a moving motor vehicle on a public road or highway is prohibited from using a cell phone except when the cell phone is hands-free.
This bill is in response to a recent decision by the Appellate Division of the New Jersey Superior Court in which the court concluded that a person sending text messages has a duty not to text someone who is driving if the person sending the text message knows, or has special reason to know, the recipient will view the text while driving.
