ENROLLED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 370
BY REPRESENTATIVE THOMPSON
AN ACT1
To enact R.S. 32:300.8, relative to the prohibition of the use of wireless telecommunications2
devices in active school zones; to prohibit the use of wireless telecommunications3
in school zones during posted hours; to provide for exceptions; to provide for4
penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:300.8 is hereby enacted to read as follows:7
ยง300.8. Use of wireless telecommunications devices in school zones prohibited;8
exceptions9
A. As used in this Section, the following terms shall have the meanings10
ascribed to them in this Section, unless the context clearly indicates a different11
meaning:12
(1) "Wireless telecommunications device" means a cellular telephone, a text-13
messaging device, a personal digital assistant, a stand-alone computer, or any other14
substantially similar wireless device that is readily removable from the vehicle and15
is used to write, send, or read text or data through manual input. A "wireless16
telecommunications device" shall not include any device or component that is17
permanently affixed to a motor vehicle. It does not include a hands-free wireless18
telephone, an electronic communication device used hands-free, citizens band radios,19
citizens band radio hybrids, commercial two-way radio communications devices,20
two-way radio transmitters or receivers used by licensees of the Federal21
Communication Commission in the Amateur Radio Service, or electronic22
communication devices with a push-to-talk function.23 ENROLLEDHB NO. 370
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) "Engage in a call" means talking or listening on a wireless1
telecommunications device.2
(3) "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 including but not limited to a text message, instant5
message, or electronic mail.6
(4) "Access, read, or post to a social networking site" means using a wireless7
telecommunications device to access, read, or post on such device to any web-based8
service that allows individuals to construct a profile within a bounded system,9
articulate a list of other users with whom they share a connection, and communicate10
with other members of the site.11
B. Except as provided in Subsection C of this Section, no person shall12
operate any wireless telecommunications device while operating a motor vehicle13
upon any public road or highway during the posted hours within a school zone on14
such public road or highway. Operating a wireless telecommunications device shall15
include:16
(1) Engaging in a call.17
(2) Writing, sending, or reading a text-based communication.18
(3) Accessing, reading, or posting to a social networking site.19
C. The provisions of Subsection B of this Section shall not apply to a person20
who uses a wireless telecommunications device and does any of the following:21
(1) Reports a traffic collision, medical emergency, or serious road hazard.22
(2) Reports a situation in which the person believes his personal safety is in23
jeopardy.24
(3) Reports or averts the perpetration or potential perpetration of a criminal25
act against the driver or another person.26
(4) Operates a wireless telecommunications device while the motor vehicle27
is lawfully parked.28
(5) Uses a wireless telecommunications device in an official capacity as an29
operator of an authorized emergency vehicle.30 ENROLLEDHB NO. 370
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D.(1) Any violation of this Section shall constitute a moving violation.1
(2)(a) The first violation of the provisions of this Section shall be punishable2
by a fine of not more than one hundred seventy-five dollars.3
(b) Each subsequent violation shall be punishable by a fine of not more than4
five hundred dollars.5
(c) If a person is involved in a collision at the time of the violation, then the6
fine shall be equal to double the amount of the standard fine imposed in this7
Subsection and the law enforcement officer investigating the collision shall indicate8
on the written accident report that the person was using a wireless9
telecommunications device at the time of the collision.10
(3) It shall be an affirmative defense against an alleged violation for the11
person to produce documentary or other evidence that the wireless12
telecommunications device that is the basis of the alleged violation was used for13
emergency purposes as provided in Subsection C of this Section.14
E. The provisions of this Section shall only apply within a school zone upon15
a public road or highway during posted hours when signs are located in a visible16
manner in each direction that indicate the use of a hand-held wireless17
communications device is prohibited while operating a motor vehicle.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: