SLS 10RS-37 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 9
BY SENATOR B. GAUTREAUX
TRAFFIC. Makes texting while driving by all drivers and using a cell phone while driving
by those seventeen and under a primary offense for which a driver may be stopped. (8/15/10)
AN ACT1
To amend and reenact R.S. 32:300.5(C)(4) and R.S. 32:300.7(D), relative to texting while2
driving a motor vehicle; to provide for the use of certain wireless3
telecommunications devices for text messaging; to change the violation to a primary4
offense; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:300.5(C)(4) is hereby amended and reenacted to read as follows:7
§300.5. Use of certain wireless telecommunications devices for text messaging8
prohibited9
* * *10
C. * * *11
(4) Any violation of this Section shall constitute a moving violation. A law12
enforcement officer shall enforce the provisions of this Section only as a secondary13
action when the officer detains a driver for an alleged violation of another provision14
of this Chapter.15
* * *16
§300.7. Use of certain wireless telecommunications devices by minors while17 SB NO. 9
SLS 10RS-37 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
driving prohibited; exceptions1
* * *2
D. Any violation of this Section shall constitute a non-moving moving3
violation. A law enforcement officer shall enforce the provisions of this Section as4
a secondary action and a driver may be cited only if stopped for a moving violation.5
* * *6
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Riley Boudreaux.
DIGEST
B. Gautreaux (SB 9)
Present law provides that the traffic violation of texting while driving a motor vehicle shall
be enforced only as a "secondary action" when the officer detains a driver for another alleged
violation.
Proposed law prohibits persons 17 years of age or younger to operate a motor vehicle while
using any "wireless telecommunications device" to engage in a call or write, send or read a
text-based communication as a non-moving violation, and also authorizes enforcement only
as a "secondary action".
Proposed law removes these provisions, thereby making them a primary offense for which
a driver may be stopped.
Effective August 15, 2010.
(Amends R.S. 32:300.5(C)(4) and 300.7(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Also makes using a "wireless telecommunications device" by persons 17
years of age or younger while operating a motor vehicle a primary offense.