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)]
HB 565 Original 2021 Regular Session Huval
Abstract: Prohibits the use of a wireless telecommunications device while operating a motor
vehicle, provides for exceptions and penalties for such use, and provides for enforcement and
reporting of such violations.
Present law requires $25 from all fines collected pursuant to present law to be distributed to the
indigent defender fund of the judicial district in which the citation was issued.
Proposed law modifies present law by removing repealed citations under proposed law and expands
present law to require $50 from each fine collected on subsequent violations of proposed law to be
distributed to the indigent defender fund of the judicial district in which the citation was issued.
Present law prohibits the use of wireless telecommunications devices in school zones.
Proposed law extends the prohibition to include general usage of wireless telecommunications
devices while driving.
Present law defines the term "engage in a call" as talking or listening on a wireless
telecommunications device.
Proposed law modifies present law by defining the term "engage in a call" as talking or listening
during a voice transmission on a wireless telecommunications device or manually entering names
or phone numbers to initiate a call, except when using a hands-free wireless device.
Present law specifies that a "wireless telecommunications device" does not include any device or
component that is permanently affixed to a motor vehicle, a hands-free wireless telephone, an
electronic communication device used hands-free, citizen band radios, citizen band radio hybrids,
commercial two-way radio communication devices, two-radio transmitters or receivers used by
licensees of the Federal Communication Commission in the Amateur Radio Service, or electronic
communication devices with push-to-talk functions.
Proposed law modifies present law by adding that a "wireless telecommunications device" also does
not include any other electronic device or any other substantially similar portable wireless device
used to create, edit, or view video or other images. Proposed law modifies present law by removing
a hands-free wireless telephone from the exclusion.
Present law defines the term "write, send, or read a text-based communication" as using a wireless telecommunications device to manually communicate with any person by text-based communication
including but not limited to a text message, instant message, or electronic mail.
Proposed law modifies present law by defining the term "write, send, or read a text-based
communication" to include other text-based applications used to manually communicate with any
person and removes the use of a wireless telecommunications device to manually communicate with
any person by text-based communication.
Present law specifies that operating a wireless telecommunications device includes engaging in a
call; writing, sending, or reading a text-based communication; and accessing, reading, or posting to
a social networking site.
Proposed law adds to present law accessing, viewing, posting, editing, or creating a video,
photograph, or other image; accessing, reading, viewing, composing, browsing, transmitting, saving,
or retrieving electronic data from any application or other media; using any application or feature
of such a device by making manual entries of letters, numbers, symbols, or any combination thereof;
and holding or physically supporting a wireless telecommunications device in either or both hands
or with any part of the body, except for an earpiece, headphone device, or a wrist device to talk or
listen during a voice transmission.
Proposed law provides exceptions for operating a wireless telecommunications device while
operating a motor vehicle upon any public road or highway for law enforcement officers, firefighters,
and operators of authorized emergency vehicles.
Present law provides exceptions for operating a wireless telecommunications device while operating
a motor vehicle upon any public road or highway for a person who uses a wireless
telecommunications device: to report a traffic collision, medical emergency, or serious road hazard;
to report a situation in which the person believes his personal safety is in jeopardy; to report or avert
the perpetration or potential perpetration of a criminal act against the driver or another person; or
while the motor vehicle is parked.
Proposed law modifies the exception in present law by specifying that it applies to a person using
a wireless telecommunications device: to report other emergencies; to report a situation in which
the person believes that an individual is in jeopardy of serious injury or death; to relay information
between a transit or for-hire operator, including a transportation network company driver, and that
operator's dispatcher, in which the device is affixed to the vehicle; to view data or images to navigate
using a hands-free global positioning system; and to operate a device for a purpose other than texting
or accessing social media while the motor vehicle is lawfully stationary and not in violation of any
other law. Proposed law removes the exceptions for a person using a wireless telecommunications
device to: report a situation in which the person believes their personal safety is in jeopardy or to
report or avert the perpetration or potential perpetration of a criminal act against the driver or another
person.
Present law requires the first violation be punishable by a fine of not more than $500. Proposed law modifies present law by reducing the fine for a first violation from $500 to a fine of
$100 but not less than $50 and authorizes a judge to order community service not to exceed 15 hours,
at least half of which must consist of participation in a litter abatement or collection program.
Present law requires each subsequent violation be punishable by a fine of not more than $1000 and
a 60-day driver's license suspension.
Proposed law modifies present law to provide that a second violation is punishable by a fine of $300
but not less than $100 and authorizes a judge to order community service not to exceed 30 hours,
at least half of which must consist of participation in a litter abatement or collection program.
Proposed law requires the third violation be punishable by a fine of not more than $300 but not less
than $100 and to include a 30-day driver's license suspension, and authorizes a judge to order
community service not to exceed 60 hours, at least half of which must consist of participation in a
litter abatement or collection program.
Present law requires a person involved in a collision at the time of the violation to be fined double
the amount of the standard fine imposed. Present law requires the law enforcement officer
investigating the collision to indicate on a written report that the person was using a wireless
telecommunications device at the time of the collision.
Proposed law modifies the double fine imposed in present law to be designated for the operator of
a motor vehicle involved in a crash at the time of the violation.
Proposed law requires law enforcement officers to issue a written warning for any violation
occurring before Jan. 1, 2022.
Present law establishes an affirmative defense against an alleged violation of present law by allowing
the person to produce documentary or other evidence that the wireless telecommunications device
that is the basis of the alleged violation was used for emergency purposes as provided for in present
law. Proposed law modifies present law to only allow enumerated exceptions (first responders,
concerned citizens, navigation, and stationary).
Proposed law requires law enforcement officers issuing citations under present and proposed law to
record the race and ethnicity of the violator to be reported by the law enforcement agency to the
Dept. of Public Safety and Corrections (DPSC). Proposed law requires DPSC, beginning Aug. 1,
2022, to annually report the collected data to the Governor, President of the Senate, and Speaker of
the House of Representatives. Proposed law requires the data collected to be reported, at a
minimum, by statewide totals for local, state, and university law enforcement agencies, and requires
the statewide total for local law enforcement agencies to combine the data collected by sheriffs and
municipal police officers.
Proposed law requires a law enforcement officer who stops a motor vehicle for a violation to inform
the operator of the vehicle of his right to decline a search of his wireless communications device.
Proposed law prohibits the law enforcement officer during a stop from accessing the device without
a warrant; confiscating the device while waiting on the warrant to access; obtaining consent from the operator of the vehicle through coercion or other improper methods; or making a custodial arrest
except in situations where a warrant was issued for failure to appear for a felony or state
misdemeanor charge in court when summoned.
Present law specifies that the provisions of present law only apply within a school zone upon a
public road or highway during posted hours when signs are located in a visible manner in each
direction that indicate the use of a hand-held wireless communications device is prohibited while
operating a motor vehicle.
Proposed law repeals present law and makes prohibitions applicable to intrastate travel subject to
enumerated exceptions.
(Amends R.S. 15:571.11(A)(4) and R.S. 32:300.5; Repeals R.S. 32:300.6, 300.7, and 300.8)