HLS 12RS-1230 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 787
BY REPRESENTATIVES BARROW AND BADON
MOTOR VEHICLES: Prohibits the use of hand held cell phones while driving
AN ACT1
To amend and reenact R.S. 32:300.5(A)(1) and (2)(b), to enact R.S. 32:300.5(C)(5), and to2
repeal R.S. 32:289.1, 300.6, and 300.7, relative to the use of wireless communication3
devices while driving; to prohibit the use of wireless communication devices while4
driving; to repeal provisions providing for exceptions; to repeal provisions relative5
to minors; to provide for penalties; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:300.5(A)(1) and (2)(b) are hereby amended and reenacted and8
R.S. 32:300.5(C)(5) is hereby enacted to read as follows:9
ยง300.5. Use of certain wireless telecommunications devices for text messaging10
prohibited11
A.(1) Except as provided in Subsection B of this Section, no person shall12
operate any motor vehicle upon any public road or highway of this state while using13
a wireless telecommunications device to write, send, or read a text-based14
communication. For purposes of this Section, a person shall not be deemed to be15
writing, reading, or sending a text message if the person reads, selects, or enters a16
telephone number or name in a wireless telecommunications device for the purpose17
of making a telephone call.18
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HB NO. 787
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)1
* * *2
(b) "Write, send, or read a text-based communication" means using a3
wireless telecommunications device to manually communicate with any person by4
using a text-based communication referred to as a text message, instant message, or5
electronic mail.6
"Using a wireless telecommunications device" shall include but not be7
limited to talking or listening to another person on the telephone, text messaging, or8
sending an electronic message via the wireless telephone or electronic9
communication device. 10
* * *11
C.12
* * *13
(5) Any violation of this Section shall constitute a secondary offense.14
Section 2. R.S. 32:289.1, 300.6, and 300.7 are hereby repealed in their entirety.15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Barrow HB No. 787
Abstract: Defines and prohibits the use of wireless communication devices while driving
for all La. state drivers.
Present law prohibits any person from operating a motor vehicle upon any public road or
highway of this state while using a wireless telecommunications device to write, send, or
read a text-based communication.
Present law also provides that for the purposes of present law a person shall not be deemed
to be writing, reading, or sending a text message if the person reads, selects, or enters a
telephone number or name in a wireless telecommunications device for the purpose of
making a telephone call.
Proposed law deletes present law.
Proposed law deletes the phrase and definition of "write, send, or read a text-based
communication" and replaces it with the phrase "using a wireless telecommunications
device" and defines it. HLS 12RS-1230 ORIGINAL
HB NO. 787
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law defines "use" of a wireless telephone or electronic communication device to
include but not be limited to talking or listening to another person on the telephone, text
messaging, or sending an electronic message via the wireless telephone or electronic
communication device.
Present law provides that, regardless of age, a person issued a driver's license for the first
time shall be prohibited from using a cellular telephone for any purpose while operating a
motor vehicle for a period of one year from the date of the issuance of the license. Present
law provides for exceptions and penalties.
Proposed law repeals present law.
Present law prohibits the holder of a Class "E" learner's license or intermediate license from
using a wireless telecommunications device while driving. Present law provides for
exceptions and penalties.
Proposed law repeals present law.
Present law prohibits persons who are 17 years of age or younger from operating a motor
vehicle while using any wireless communications device. Present law provides for
exceptions and penalties.
Proposed law repeals present law.
Proposed law provides that any violation constitutes a secondary offense.
(Amends R.S. 32:300.5(A)(1) and (2)(b); Adds R.S. 32:300.5(C)(5); Repeals R.S. 32:289.1,
300.6, and 300.7)