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)]
Thompson HB No. 370
Abstract: Prohibits the use of wireless telecommunications devices while traveling through
school zones during posted hours.
Proposed law prohibits the operation of wireless telecommunications devices while traveling
through a school zone during posted hours. "Operation of a wireless telecommunication device"
to include the following:
(1)Engaging in a call.
(2)Accessing, reading, or posting to a social networking site.
(3)Writing, sending, or reading a text-based communication.
Proposed law defines "wireless communications device" as a cellular telephone, a text-messaging
device, a personal digital assistant, a stand alone computer, or any other substantially similar
wireless device that is readily removable from the vehicle and is used to write, send, or read text
or data through manual input. Proposed law specifies that definition excludes citizens band
radios, citizens band radio hybrids, commercial two-way radio communications devices, two-way
radio transmitters or receivers used by licensees of the Federal Communication Commission in
the Amateur Radio Service, or electronic communication devices with a push-to-talk-function.
Proposed law defines "engage in a call" as talking or listening on a wireless telecommunications
device.
Proposed law defines "write, send, or read a text-based communication" as using a wireless
telecommunications device to manually communicate with any person by using a text-based
communication referred to as a text message, instant message, or electronic mail. Defines
"access, read, or post to a social networking site" as using a wireless telecommunications device
to access, read, or post on such device to any web-based service that allows individuals to
construct a profile within a bounded system, articulate a list of other users with whom they share
a connection, and communicate with other members of the site.
Proposed law specifies that the wireless telecommunications prohibition in proposed law does
not apply to the following situations:
(1)Reporting a traffic crash, medical emergency, or serious road hazard. (2)Reporting a situation in which the person believes his personal safety is in jeopardy.
(3)Reporting or averting the perpetration or potential perpetration of a criminal act against
the driver or another person.
(4)Operating a telecommunications device while the motor vehicle is lawfully parked.
(5)Using a wireless communications device in an official capacity as an operator of an
authorized emergency vehicle.
Proposed law provides for persons convicted of unlawfully using a wireless telecommunications
device while traveling through a school zone during posted hours are subject to a moving
violation and the following penalties apply:
(1)First violation: fined not more than $175.
(2)Each subsequent violation: fined not more than $500.
(3)Involvement in a crash at the time of violation: fine shall be equal to double the amount
of the standard fine imposed and the law enforcement officer investigating the crash shall
indicate on the written accident form that the person was using a wireless
telecommunications device at the time of the crash.
Proposed law provides that the production of documentary or other evidence proving that the
wireless telecommunications device was used for emergency purposes is an affirmative defense
against the alleged violation.
(Adds R.S. 32:300.8)