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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2228 By: Ford
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 11-901d, as amended by Section 93,
Chapter 282, O.S.L. 2022 (47 O.S. Supp . 2022, Section
11-901d), which relates to text messaging; modifying
types of devices unlawful to us e while operating a
motor vehicle; allowing for the use of certain
technologies; modifying definition; disallowing
confiscation of certain devices and in formation;
making certain exceptions; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -901d, as
amended by Section 93, Chapter 282, O.S .L. 2022 (47 O.S. Supp. 2022,
Section 11-901d), is amended to read as follows:
Section 11-901d. A. It While a motor vehicle is in motion, it
shall be unlawful for any person to operate a motor vehicle on any
street or highway within this state while using:
1. Using a hand-held electronic communication device or
cellular telephone to manually compose, send or read an electronic
text message while the motor vehicle is in motion; or
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2. Holding or using a h and-held cellular telephone.
B. Any person who violates the provisions of subsection A of
this section shall, upon con viction, be punished by a fine of not
more than One Hundred Dollars ($100.00).
C. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder's
traffic record maintained by Service Oklahoma.
D. The provisions of subsection A of this section shall not
apply if the person is using the cellular tel ephone or electronic
communication device for:
1. In conjunction with hands-free or voice-operated technology;
or
2. For the sole purpose of communicating with any of the
following regarding an imminent emergency situation:
1. An
a. an emergency response operator;,
2. A
b. a hospital, physician's office or health clinic;,
3. A
c. a provider of ambulance services;,
4. A
d. a provider of firefighting services;, or
5. A
e. a law enforcement agency.
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E. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under the
provisions of this section. The provisions of such ordinances shall
be the same as provided for in this section; the enforcement
provisions of those ordinanc es shall not be more stringent than
those of this section; and the fine and court costs for municipal
ordinance violations shall be the same or a lesser amount as
provided for in this section.
F. For the purpose of this section:
1. "Cellular telephone" means an analog or digital wireless
telephone authorized by the Federal Communications Commission to
operate in the frequency bandwidth reserved for cellular telephones;
2. "Compose", "send" or "read" with respect to a text message
means the manual entry, sending or retrieval of a text message to
communicate with any person or device;
3. "Electronic communication device" means an electronic device
that permits the user to manually transmit a communication of
written text by means other than through an oral transfer or wire
communication. This term does not include:
a. a device that is physically or electronically
integrated into a motor vehicle,
b. a voice-operated global positioning or navigation
system that is affixed to a motor vehicle,
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c. a hands-free or voice-operated device that allows the
user to write, send or read a text message without the
use of either hand except to activate, deactivate or
initiate a feature or function, or
d. an ignition interlock device that has been installed
on a motor vehicle, or
e. the use or operation of an amateur radio; and
4. "Text message" includes a text-based message, instant
message, electronic message, photo, video or electronic mail.
G. A law enforcement officer shall not, withou t the consent of
the person:
1. Confiscate a cellular telephone or electronic communic ation
device for the purpose of determining compliance with this section;
2. Confiscate a cellular telephone or electronic communication
device and retain it as evidence pending trial for a violation of
this section; or
3. Extract or otherwise download information from a cellular
telephone or electronic communication device for a violation of t his
section unless:
a. the law enforcement officer has probable cause to
believe that the cellular telephone or electronic
communication device has been used in the c ommission
of a crime,
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b. the information is extracted or otherwise downloaded
under a valid search warrant , or
c. otherwise authorized by law.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5931 JBH 01/02/23