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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 handheld cell phones while driving
AN ACT1
To amend and reenact R.S.32:300.5(A)(1) and (2)(b) and (C)(4) and 398.10(A)(6), to enact2
R.S. 32:300.5(B)(4) and (C)(5), and to repeal R.S. 32:289.1, 300.6, and 300.7,3
relative to the use of wireless communication devices while driving; to prohibit the4
use of wireless communication devices while driving; to repeal provisions providing5
for exceptions; to repeal provisions relative to minors; to provide for penalties; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:300.5(A)(1) and (2)(b) and (C)(4) and 398.10(A)(6) are hereby9
amended and reenacted and R.S. 32:300.5(B)(4) and (C)(5) are hereby enacted to read as10
follows:11
§300.5. Use of certain wireless telecommunications devices for text messaging12
prohibited13
A.(1) Except as provided in Subsection B of this Section, no person shall14
operate any motor vehicle upon any public road or highway of this state while using15
a wireless telecommunications device, except when the telephone is a hands-free16
wireless telephone or the electronic communication device is used hands free,17
provided that its placement does not interfere with the operation of federally required18
safety equipment, and the operator exercises a high degree of caution in the operation19
of the motor vehicle to write, send, or read a text-based communication. For20 HLS 12RS-1230 ENGROSSED
HB NO. 787
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purposes of this Section, a person shall not be deemed to be writing, reading, or1
sending a text message if the person reads, selects, or enters a telephone number or2
name in a wireless telecommunications device for the purpose of making a telephone3
call.4
(2)5
* * *6
(b) "Write, send, or read a text-based communication" means using a7
wireless telecommunications device to manually communicate with any person by8
using a text-based communication referred to as a text message, instant message, or9
electronic mail.10
"Using a wireless telecommunications device" shall include but not be11
limited to talking or listening to another person on the telephone, text messaging, or12
sending an electronic message via the wireless telephone or electronic13
communication device. 14
B. The provisions of this Section shall not apply to the following: 15
* * *16
(4) The use of two-way mobile radio transmitters and devices used by17
licensees of the Federal Communications Commission in the Amateur Radio Service,18
or electronic communication devices with a push-to-talk function.19
C.20
* * *21
(4) Any violation of this Section shall constitute a moving violation. Any22
violation of texting while driving shall constitute a moving violation.23
(5) Any violation of this Section shall constitute a secondary offense.24
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§398.10. Collection and reporting of statistical information relating to traffic stops1
A. All law enforcement officers defined as a peace officer in R.S. 40:24022
shall record and retain the following information:3
* * *4
(6) The number of persons stopped for violation of R.S. 32:300.5 and 300.6.5
* * *6
Section 2. R.S. 32:289.1, 300.6, and 300.7 are hereby repealed in their entirety.7
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 amends present law to make exceptions for the use of a cellphone in a motor
vehicle when the telephone is a hands-free wireless telephone.
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. HLS 12RS-1230 ENGROSSED
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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 for the exception of the use of two-way mobile radio transmitters and
devices by licensees of the Federal Communication Commission of the Amateur Radio
Service.
Present law provides that any violation constitutes a moving violation.
Proposed law amends present law to provide for penalties for the violation of texting while
driving.
Proposed law provides that any violation constitutes a secondary offense.
(Amends R.S. 32:300.5(A)(1) and (2)(b) and (C)(4) and 398.10(A)(6); Adds R.S.
32:300.5(B)(4) and (C)(5); Repeals R.S. 32:289.1, 300.6, and 300.7)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Allowed for the use of a cellular device while driving a motor vehicle only when
the telephone is a hands-free wireless telephone or the electronic communication
device is used hands free.
2. Allowed for the use of two-way mobile radio transmitters and devices in a motor
vehicle by licensees of the Federal Communications Commission in the Amateur
Radio Service.
3. Provided that the violation of texting while driving a motor vehicle shall
constitute a moving violation.
4. Provided for the collection and reporting of statistical information relating to
traffic stops.