Connecticut 2021 Regular Session

Connecticut Senate Bill SB01010 Compare Versions

Only one version of the bill is available at this time.

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6	6	LCO No. 4443 1 of 3
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8	8	General Assembly Raised Bill No. 1010
9	9	January Session, 2021
10	10	LCO No. 4443
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13	13	Referred to Committee on PUBLIC SAFETY AND SECURITY
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15	15
16	16	Introduced by:
17	17	(PS)
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22	22	AN ACT CONCERNING TH E USE OF MOBILE TELEPHONES BY
23	23	EMERGENCY PERSONNEL.
24	24	Be it enacted by the Senate and House of Representatives in General
25	25	Assembly convened:
26	26
27	27	Section 1. Subsection (b) of section 14-296aa of the general statutes is 1
28	28	repealed and the following is substituted in lieu thereof (Effective from 2
29	29	passage): 3
30	30	(b) (1) Except as otherwise provided in this subsection and 4
31	31	subsections (c) and (d) of this section, no person shall operate a motor 5
32	32	vehicle upon a highway, as defined in section 14-1, while using a hand-6
33	33	held mobile telephone to engage in a call or while using a mobile 7
34	34	electronic device. An operator of a motor vehicle who types, sends or 8
35	35	reads a text message with a hand-held mobile telephone or mobile 9
36	36	electronic device while operating a motor vehicle shall be in violation of 10
37	37	this section, except that if such operator is driving a commercial motor 11
38	38	vehicle, as defined in section 14-1, such operator shall be charged with 12
39	39	a violation of subsection (e) of this section. 13
40	40	(2) An operator of a motor vehicle who holds a hand-held mobile 14
41	41	telephone to, or in the immediate proximity of, his or her ear while 15
42	42	LCO No. 4443 2 of 3
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44	44	operating a motor vehicle is presumed to be engaging in a call within 16
45	45	the meaning of this section. The presumption established by this 17
46	46	subdivision is rebuttable by evidence tending to show that the operator 18
47	47	was not engaged in a call. 19
48	48	(3) The provisions of this subsection shall not be construed as 20
49	49	authorizing the seizure or forfeiture of a hand-held mobile telephone or 21
50	50	a mobile electronic device, unless otherwise provided by law. 22
51	51	(4) Subdivision (1) of this subsection shall not apply to: (A) The use 23
52	52	of a hand-held mobile telephone for the sole purpose of communicating 24
53	53	with any of the following regarding an emergency situation: An 25
54	54	emergency response operator; a hospital, physician's office or health 26
55	55	clinic; an ambulance company; a fire department; or a police 27
56	56	department, [or (B) any of the following persons while in the 28
57	57	performance of their official duties and within the scope of their 29
58	58	employment: A peace officer, as defined in subdivision (9) of section 30
59	59	53a-3, a firefighter or an operator of an ambulance or authorized 31
60	60	emergency vehicle, as defined in section 14-1, or a member of the armed 32
61	61	forces of the United States, as defined in section 27-103, while operating 33
62	62	a military vehicle, or (C)] (B) the use of a hand-held radio by a person 34
63	63	with an amateur radio station license issued by the Federal 35
64	64	Communications Commission in emergency situations for emergency 36
65	65	purposes only, or [(D)] (C) the use of a hands-free mobile telephone. 37
66	66	Sec. 2. (NEW) (Effective from passage) No member of the Division of 38
67	67	State Police within the Department of Emergency Services and Public 39
68	68	Protection, authorized pursuant to subdivision (2) of subsection (a) of 40
69	69	section 5-246 of the general statutes to provide police services for a 41
70	70	private contractor at a highway construction site, shall use a mobile 42
71	71	telephone, as defined in subsection (a) of section 14-296aa of the general 43
72	72	statutes, while providing such police services, except such member may 44
73	73	use a mobile telephone if such member's radio to allow real-time 45
74	74	communication with an emergency response operator, a police 46
75	75	department or the Division of State Police is inoperative. 47
76	76	LCO No. 4443 3 of 3
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78	78	This act shall take effect as follows and shall amend the following
79	79	sections:
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81	81	Section 1 from passage 14-296aa(b)
82	82	Sec. 2 from passage New section
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84	84	Statement of Purpose:
85	85	To prohibit (1) emergency personnel from using a hand-held mobile
86	86	telephone when operating a motor vehicle upon a highway, and (2) a
87	87	state police officer from using a mobile telephone when providing police
88	88	services for private contractors at highway construction sites.
89	89	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
90	90	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
91	91	underlined.]
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