GREEN SHEET REDIGEST
HB 565 2021 Regular Session Huval
MTR VEHICLE/VIOLATIONS: Provides relative to the operation of a motor vehicle
while using wireless telecommunication devices.
DIGEST
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Proposed law modifies present law by removing repealed citations under proposed law and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 specifying 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 defines "wireless telecommunications device" and specifies that it 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,
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Prepared by Xavier Alexander. 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 EMS practitioners.
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 requires use of a wireless telecommunications device for any purpose provided
in proposed law be an affirmative defense and authorizes the operator of a motor vehicle to
produce documentary or other evidence in support of this defense. Proposed law modifies
present law to only allow enumerated exceptions (first responders, concerned citizens,
navigation, and stationary).
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Prepared by Xavier Alexander. 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 the
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.
Proposed law requires probable cause for a violation of proposed law be based solely on the
law enforcement officer's clear and unobstructed view of a person's use of a wireless
telecommunication device. Prohibits a law enforcement officer from searching or inspecting
a motor vehicle, its contents, the driver, or a passenger solely because of a violation of
proposed law.
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)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove a provision that an operator of an authorized emergency vehicle be
exempt from operating any wireless telecommunications device while operating
a motor vehicle on any public road or highway.
2. Require probable cause for a violation of proposed law be based solely on the law
enforcement officer's clear and unobstructed view of a person's use of a wireless
telecommunication device.
3. Prohibit a law enforcement officer from searching or inspecting a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of proposed
law.
4. Make a technical change.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Adds an EMS practitioner to the list of first responders who are exempt from
operating a wireless telecommunication device in the performance of their
official duty.
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Prepared by Xavier Alexander. 2. Provides that law enforcement officers, firefighters and EMS practitioners are
exempt from operating a wireless telecommunication device in the performance
of their official duty, during an emergency situation.
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Prepared by Xavier Alexander.