Louisiana 2025 2025 Regular Session

Louisiana House Bill HB519 Introduced / Bill

                    HLS 25RS-297	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 519
BY REPRESENTATIVE GLORIOSO AND SENATOR MCMATH AND
REPRESENTATIVES COATES, BAMBURG, BERAULT, CARVER,
DOMANGUE, GALLE, HEBERT, HENRY, MELERINE, AND WYBLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/VIOLATIONS:  Provides relative to the operation of a motor vehicle while
using a wireless telecommunication device
1	AN ACT
2To amend and reenact R.S. 15:571.11(A)(4), to enact R.S. 32:59, and to repeal R.S. 32:300.5
3 through 300.8, relative to the operation of motor vehicles while using a wireless
4 telecommunications device; to provide for definitions and application of terms; to
5 provide for exceptions; to provide for penalties; to provide for disposition of fines;
6 to provide for limitation on law enforcement; to provide for the prevention of search
7 and inspection; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 15:571.11(A)(4) is hereby amended and reenacted to read as follows:
10 §571.11.  Dispositions of fines and forfeitures
11	A.
12	*          *          *
13	(4)  Notwithstanding any provision of law to the contrary, twenty-five dollars
14 from all fines collected pursuant to R.S. 32:300.5, 300.6, 300.7, and 300.8 one
15 hundred dollars from all fines collected pursuant to R.S. 32:59 for a violation which
16 occurs in a school zone or in a highway construction zone and fifty dollars from all
17 fines collected pursuant to R.S. 32:59 for a violation which occurs in any location
18 other than a school zone or highway construction zone shall be distributed to the
19 indigent defender fund of the judicial district in which the citation was issued.
20	*          *          *
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1 Section 2.  R.S. 32:59 is hereby enacted to read as follows:
2 §59.  Use of wireless telecommunications device prohibited; exceptions
3	A.  Unless otherwise provided in this Subsection, all terms used in this
4 Section shall have the same meaning as defined in R.S. 32:1.  As used in this
5 Section, the following terms shall apply:
6	(1)  "Autonomous vehicle" means a vehicle that is equipped with autonomous
7 technology as defined in R.S. 32:1, which is licensed to operate on the public roads
8 and highways of this state and shall meet all applicable financial responsibility
9 requirements.
10	(2)  "Hands-free wireless telephone" means a wireless telecommunications
11 device that has an internal feature or function, or is equipped with an attachment or
12 addition, whether or not permanently part of such device, by which a user engages
13 in a conversation without the use of either hand.  The term "hands-free wireless
14 telephone" as defined in this Paragraph shall not preclude the use of either hand to
15 activate, deactivate, or initiate a function of the device.
16	(3)  "Lawfully stationary" means any motor vehicle that has stopped, is in
17 park or neutral, or is standing while in gear and not moving, while also in a travel
18 lane or on the shoulder of a public road or highway, including when such action is
19 necessary to observe or avoid conflict with traffic or in compliance with the
20 directions of law enforcement or a traffic control device or signal.
21	(4)  "Motor vehicle" means any self-propelled mechanical device on wheels,
22 designed primarily for use or that is primarily used on public roads and highways.
23 The term "motor vehicle" shall not include autonomous vehicles, all-terrain vehicles,
24 golf carts, vehicles propelled or drawn by horses or human power, or motorists
25 wheelchairs operated by handicapped persons.
26	(5)  "Wireless telecommunications device" means a cellular telephone, a text-
27 messaging device, a personal digital assistant, a stand-alone computer or other
28 electronic device, or any other substantially similar portable wireless device that is
29 readily removable from the vehicle and is used to write, send, or read text or data
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1 through manual input.  The term "wireless telecommunications device" shall not
2 mean any device or component that is permanently affixed to a motor vehicle, or a
3 device used hands-free, citizens band radios, citizens band radio hybrids, commercial
4 two-way radio communications devices, two-way radio transmitters or receivers used
5 by licensees of the Federal Communications Commission in the Amateur Radio
6 Service, or electronic communication devices with a push-to-talk function.
7	B.(1)  Notwithstanding any provision of law to the contrary, except as
8 provided in Subsection C of this Section, no person shall operate any wireless
9 telecommunications device while operating a motor vehicle upon any public road or
10 highway, unless the motor vehicle is lawfully stationary.
11	(2)  Operating a wireless telecommunications device shall include:
12	(a)  Engaging in a call, which means talking or listening during a voice
13 transmission on a wireless telecommunications device or manually entering names
14 or telephone numbers to initiate a voice transmission, except when using a hands-
15 free wireless telephone.
16	(b)  Writing, sending, or reading a text-based communication, which means
17 using a text message, instant message, electronic mail, or other text-based
18 application to communicate with any person.
19	(c)  Accessing, reading, or posting to a social networking site, which means
20 using a wireless telecommunications device to access, read, or post on such device
21 to any web-based service that allows individuals to construct a profile within a
22 bounded system, articulate a list of other users with whom they share a connection,
23 and communicate with other members of the site.
24	(d)  Accessing, viewing, posting, editing, or creating a video, photograph, or
25 other image.
26	(e)  Accessing, reading, viewing, composing, browsing, transmitting, saving,
27 or retrieving electronic data from any application or other media.
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HB NO. 519
1	(f)  Using any application or feature of a wireless telecommunications device
2 by making manual entries of letters, numbers, symbols, commands, or any
3 combination thereof.
4	(g)  Holding or physically supporting a wireless telecommunications device
5 in either or both hands, except for an earpiece or headphone device as defined in R.S.
6 32:295.2(A) or a device worn on the wrist to talk or listen during a voice
7 transmission.
8	C.  The provisions of Subsection B of this Section shall not apply to a person
9 who uses a wireless telecommunications device to do any of the following:
10	(1)  Report a traffic collision, medical emergency, other emergency, or
11 serious road hazard.
12	(2)  Report a situation in which the person believes that an individual is in
13 jeopardy of serious injury or death.
14	(3)  Relay information between a transit of a for-hire operator, including a
15 transportation network company driver, and that operator's dispatcher, in which the
16 device is affixed to the vehicle.
17	(4)  Operate a wireless telecommunications device while the motor vehicle
18 is lawfully stationary and not in violation of any other law.  A utility vehicle or
19 roadside assistance vehicle which is parked while the utility worker or roadside
20 responder is in the course and scope of performing his duties shall be considered
21 lawfully stationary.
22	(5)  Use a wireless telecommunications device in an official capacity as an
23 operator of an authorized emergency vehicle while in performance of official duties
24 as a law enforcement officer, firefighter, or emergency services or EMS practitioner.
25	(6)  View data or images related to navigation of a motor vehicle using a
26 hands-free global positioning system.
27	(7)  Dial 9-1-1 to report a crime in progress.
28	D.(1)  Any violation of this Section shall constitute a moving violation.
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1	(2)  If a violation of this Section occurs in a school zone or in a highway
2 construction zone it shall be a primary offense and shall be punishable as follows:
3	(a)  By a fine of two hundred fifty dollars.  At the judge's discretion, the fine
4 may be reduced to one hundred dollars with community service not to exceed fifteen
5 hours, at least half of which shall consist of a litter abatement program in a school
6 zone or highway construction zone.
7	(b)  If a person is involved in a crash at the time of the violation, then the fine
8 shall be equal to double the amount of the fine imposed in Subparagraph (D)(2)(a)
9 of this Section and the law enforcement officer investigating the crash shall indicate
10 on the written accident report that the person was using a wireless
11 telecommunications device at the time of the crash.
12	(3)  If a violation of this Section occurs in any location other than a school
13 zone or highway construction zone it shall constitute a secondary offense when the
14 officer detains a driver for an alleged violation of another provision of this Chapter
15 and shall be punishable as follows:
16	(a)  By a fine of one hundred dollars.  At the judges discretion, the fine may
17 be reduced to fifty dollars with community service not to exceed fifteen hours, at
18 least half of which shall consist of the litter abatement program.
19	(b)  If a person is involved in a crash at the time of the violation, then the fine
20 shall be equal to double the amount of the fine imposed in Subparagraph (D)(3)(a)
21 of this Section and the law enforcement officer investigating the crash shall indicate
22 on the written accident report that the person was using a wireless
23 telecommunications device at the time of the crash.
24	(4)  For violations of this Section not resulting in a crash causing bodily
25 injury or death of another person, a person may plead guilty or nolo contendere to
26 the alleged offense and pay the applicable fine specified in Subsection D of this
27 Section.  If a person pleads guilty or nolo contendere to the alleged offense, the
28 person shall not be required to appear in court if he waives the right to contest the
29 charges and pays the applicable fine specified in Subsection D of this Section.
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1	(5)  Use of a wireless telecommunications device for any purpose provided
2 for in Subsection C of this Section shall be an affirmative defense to a violation of
3 this Section and the operator of a motor vehicle may produce documentary or other
4 evidence in support of his defense.
5	(6)  For any violation occurring before January 1, 2026, the law enforcement
6 officer shall only issue a written warning.
7	E.(1)  A probable cause determination for a violation of this Section shall be
8 based solely upon a law enforcement officer's clear and unobstructed view of a
9 person using a wireless telecommunications device as prohibited by this Section.
10	(2)  A law enforcement officer shall not do any of the following based solely
11 on a probable cause determination or a violation of this Section:
12	(a)  Seize, search, view, or require the forfeiture of a wireless
13 telecommunications device.
14	(b)  Search or request to search a motor vehicle, motor vehicle operator, or
15 passenger.
16	(c)  Make a custodial arrest except upon any open warrant including but not
17 limited to a warrant issued for failure to appear in court when summoned or for
18 failure to pay an imposed fine.
19	F.  The state preempts the field of regulating the use of a wireless
20 telecommunications device by the operators of motor vehicles.  The provisions of
21 this Section shall supersede any local laws, ordinances, rules, or regulations enacted
22 by a parish, municipality, or other political subdivision to regulate the use of a
23 wireless telecommunications device by the operator of a motor vehicle.
24	G.  Beginning April 1, 2027, and continuing until April 1, 2032, the
25 Department of Transportation and Development and the Department of Public Safety
26 and Corrections, office of state police shall submit a report annually to the legislature
27 regarding the impact of the provisions of this Section, including the number of
28 crashes caused by inattentive or distracted driving for each year, divided by different
29 areas of the state, as such data is already collected.  The report shall be based on data
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1 the Department of Transportation and Development and the office of state police
2 collect under existing state law.
3 Section 3.  R.S. 32:300.5 through 300.8 are hereby repealed.
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 519 Original 2025 Regular Session	Glorioso
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.
Present law prohibits the use of wireless telecommunications devices in school zones.
Present law requires that $25 from all fines collected pursuant to existing law be distributed
to the indigent defender fund of the judicial district in which the citation was issued.
Proposed law modifies present law by requiring $100 from all fines collected for a violation
which occurs in a school zone or in a highway construction zone and $50 be collected for
a violation which occurs in any location other than a school zone or highway construction
zone pursuant to proposed law be distributed to the indigent defender fund of the judicial
district in which the citation was issued.
Proposed law defines "autonomous vehicle", "autonomous technology", "hands-free wireless
telephone", "lawfully stationary", "motor vehicle", and "wireless telecommunications
device".
Proposed law specifies that excluding the limited exceptions in proposed law no person is
allowed to utilize any wireless telecommunications device while operating a motor vehicle
upon any public road or highway, unless the motor vehicle is lawfully stationary.
Proposed law specifies that the following actions are deemed as operating a wireless
telecommunications device:
(1)Engaging in a call by talking or listening during a voice transmission on a wireless
telecommunications device or manually entering names or telephone numbers to
initiate a voice transmission, except when using a hands-free wireless telephone.
(2)Writing, sending, or reading a text-based communication, which means using a text
message, instant message, electronic mail, or other text-based application to
communicate with any person.
(3)Accessing, reading, or posting to a social networking site by a wireless
telecommunications device to access, read or post on that device to any web-based
service that allows individuals to construct a profile within a bounded system,
articulate a list of other users they share a connection, and communicate with other
members of the site.
(4)Accessing, viewing, posting, editing, or creating a video, photograph, or other image.
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(5)Assessing, reading, viewing, composing, browsing, transmitting, saving, or
retrieving electronic data from any application or other media.
(6)Using any application or feature of a wireless telecommunications device by making
manual entries of letters, numbers, symbols, commands or any combination thereof.
(7)Holding or physically supporting a wireless telecommunications device in either or
both hands, except for an earpiece or headphone device in compliance with present
law or a device worn on the wrist to talk or listen during a voice transmission.
Proposed law provides exceptions to the prohibition against the use of wireless
telecommunications devices if a person does any of the following:
(1)Reports a traffic collision, medical emergency, serious road hazard, or to report a
crime in progress.
(2)Reports a situation in which a person believes an individual can suffer serious injury
or death.
(3)Relays information between a transit of a for-hire operator, including a transportation
network company driver, and that operator's dispatcher, in which the device is
affixed to the vehicle.
(4)Operates a wireless telecommunications device while the motor vehicle is lawfully
stationary and not in violation of any other law.  A utility vehicle or roadside
assistance vehicle parked while the utility worker or roadside responder is in the
course and scope of performing his duties must be considered lawfully stationary.
(5)Uses a wireless telecommunications device in an official capacity as an operator of
an authorized emergency vehicle while in performance of official duties as a law
enforcement officer, firefighter, or emergency services or EMS practitioner.
(6)Views data or images related to navigation of a motor vehicle using a hands-free
global positioning system.
Proposed law specifies that a violation of proposed law is classified as a moving violation.
Proposed law specifies that if a violation occurs in a school zone or a highway construction
zone, it is a primary offense and is punishable by a fine of $250.  Additionally, specifies that
at the judge's discretion, the fine may be reduced to $100 with community service not to
exceed 15 hours, consisting of half the hours dedicated to a litter abatement program in a
school zone or highway construction zone.
Proposed law specifies that if a person is involved in a crash at the time of the violation, the
fine will be equal to double the amount of the fine imposed in proposed law and the law
enforcement officer investigating the crash must indicate on the written accident report that
a wireless telecommunications device was used at the time of the crash.
Proposed law specifies that if a violation occurs in any location other than a school zone or
highway construction zone, it constitutes a secondary offense when the officer detains the
driver for an alleged violation of another provision of proposed law and is punishable by a
fine of $100.  Additionally, specifies that at the judge's discretion, the fine may be reduced
to $50 with community service not to exceed 15 hours, consisting of half the hours dedicated
to a litter abatement program.
Proposed law specifies that if a person is involved in a crash at the time of the violation, the
fine will be equal to double the amount of the fine imposed in proposed law and the law
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enforcement officer investigating the crash must indicate on the written accident report that
the person was using a wireless telecommunications device at the time of the crash.
Proposed law specifies that for violations of proposed law not resulting in a crash causing
bodily injury or death of another person, violators may plead guilty or nolo contendere to
the alleged offense and pay the appropriate fine.  Additionally, specifies that if a person
pleads guilty or nolo contendere to the alleged offense, the person is not required to appear
in court if the person waives the right to contest the charges and pays the fine specified in
proposed law.
Proposed law specifies that the use of a wireless telecommunications device for any
purposes considered an exception in proposed law is an affirmative defense to a violation
of proposed law and the operator of the motor vehicle may produce documentary or other
evidence to support the defense.
Proposed law specifies that law enforcement officers can only issue a written warning for
violations of proposed law occurring before Jan. 1, 2026.
Proposed law requires that a probable cause determination for a violation of proposed law
be based solely upon a law enforcement officer's clear and unobstructed view of a person
using a wireless telecommunications device as prohibited by proposed law.
Proposed law prohibits a law enforcement officer doing any of the following based solely
on a probable cause determination or violation of proposed law:
(1)Seize, search, view, or require the forfeiture of a wireless telecommunications
device.
(2)Search or request to search a motor vehicle, motor vehicle operator, or passenger.
(3)Make a custodial arrest except upon any open warrant including but not limited to
a warrant issued for failure to appear in court when summoned or for failure to pay
an imposed fine.
Proposed law specifies that the state preempts the field of regulating the use of a wireless
telecommunications device by the operators of motor vehicles.  Further, specifies that the
provisions of proposed law supersede any local laws, ordinances, rules or regulations
enacted by a parish, municipality or other political subdivision to regulate the use of a
wireless telecommunications device by the operator of a motor vehicle.
Proposed law requires that beginning April 1, 2027, and continuing until April 1, 2032, the
Dept. of Transportation and Development and the Dept. of Public Safety and Corrections,
office of state police submit a report annually to the legislature regarding the impact of the
provisions of proposed law, including the number of crashes caused by inattentive or
distracted driving for each year, broken down by different areas of the state, as such data is
already collected.  Further, requires the report be based upon data the Dept. of
Transportation and Development and the office of state police collect under existing state
law.
(Amends R.S. 15:571.11(A)(4); Adds R.S. 32:59; Repeals R.S. 32:300.5-300.8)
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