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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2228 By: Ford and Pae of the House
and
Gollihare of the Senate
COMMITTEE SUBSTITUTE
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; modifying amount of fine, costs, and
fees; directing distribution of fine, costs, and
fees; allowing for the use of certain technologies;
modifying definition; disal lowing 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:
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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
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) Five Dollars ($5.00) and
costs and fees not to exceed Ninety-five Dollars ($95.00). The
court clerk shall collect the fine, costs, and fees and direct their
distribution as follows:
1. The sum of Thirty-three Dollars and seventy-two cents
($33.72) for each offense of which the defendant is convicted,
irrespective of whether the sentence is deferred, shall cover
docketing of the case, filing of all papers, issuance of process,
warrants, order, and other services to the date of judgment;
2. The sum of Eight D ollars and eighty cents ($8.80) shall be
assessed and credited to the District Attorneys Council Revolving
Fund, created pursuant to Section 215.28 of Title 19 of the Oklahoma
Statutes, to defray the cost of prosecu tion;
3. The sum of Eleven Dollars ($11. 00) shall be assessed and
credited to the Oklahoma Court I nformation System Revolving Fund ,
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created pursuant to Section 1315 of Title 20 of the Oklahoma
Statutes;
4. The sum of Four Dollars a nd fifty cents ($4.50) shall be
assessed and credited to the She riff's Service Fee Account of the
county in which the conv iction occurred for the purpose of enhancing
existing or providing ad ditional courthouse security;
5. The sum of One Dollar and thirt y cents ($1.30) shall b e
assessed and credited to the Office of the Attorney General Victim
Services Unit;
6. The sum of One Dollar and thirty cents ($1.30) shall be
assessed and credited to the Child Abuse Multidisciplinary Acc ount,
created pursuant to S ection 1-9-103 of Title 10A of the Oklahoma
Statutes;
7. The sum of Two Dollars and twenty -five cents ($2.25) shall
be assessed and credited to the Sheriff 's Service Fee Account of the
sheriff of the county in which the arrest was made;
8. The sum of Four Dollars and fifty cen ts ($4.50) shall be
assessed and credited to the Council on Law Enforcement Education
and Training (CLEET) Fund, created pursuant to Section 1313.2 of
Title 20 of the Oklahoma Statutes;
9. The sum of Four Dollars and fifty cents ($4 .50) shall be
assessed. Four Dollars and ten cents ($4.10) of e ach fine, cost,
and fee received pursuant to this paragrap h shall be credited to the
A.F.I.S. Fund, pursuant to Section 150.25 of Title 7 4 of the
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Oklahoma Statutes, and the remaining balance shall be deposited in
the General Revenue Fund by the court clerk. The payments shall be
made to the appropriate fund by t he court clerk on a monthly basis
as set forth by subsection I of Section 1313. 2 of Title 20 of the
Oklahoma Statutes;
10. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed. Four Dollars and twenty -eight cents ($4.28) of each fee
received pursuant to this paragraph shall b e collected and sent to
the Oklahoma State B ureau of Investigation f or deposit into the
Forensic Science Improvement Revol ving Fund, pursuant to Section
150.35 of Title 74 of the Oklahoma Statutes. The remaining balance
shall be retained by the municipal court clerk;
11. The sum of Nine Dollars ($ 9.00) shall be assessed and
forwarded monthly in one ch eck or draft to the Dep artment of Public
Safety to be deposited in the Department of Public Safety Patrol
Vehicle Revolving Fund, created pursuant to Section 2 -143 of this
title;
12. Pursuant to subse ction C of Section 220 of Title 19 of the
Oklahoma Statutes, the court clerk s hall assess an administrative
fee of ten percent (10%) on fines, costs, and fees assessed in
paragraphs 2, 4, 5, 6, 8, 9, 10 , and 11 of this subsection which
shall be deposited i n the Court Clerk's Revolving Fund; and
13. Pursuant to subsection D of Secti on 220 of Title 19 of the
Oklahoma Statutes, the court clerk shall assess an administrative
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fee of fifteen percent (15%) on fines, costs, and fees assessed in
paragraphs 2, 4, 5, 6, 8, 9, 10, and 11 of this subsection which
shall be deposited in the District Court Revolving Fund.
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 ordinances shall not be more stringent than
those of this section; and the fine and court costs for municipal
ordinance violations shal l 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. amateur radio use or operation; 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, witho ut the consent of
the person:
1. Confiscate a cellular telephone or elect ronic communication
device for the purpose of determining compliance with this section;
2. Confiscate a cellular telephone or electronic communication
device and retain it as eviden ce 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 be en used in the commission
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 bec ome effective July 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/22/2023 -
DO PASS, As Amended and Coauthored.