Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB2263 Comm Sub / Bill

Filed 03/03/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR  
HOUSE BILL NO. 2263 	By: Miller and Luttrell of the 
House 
 
   and 
 
  Gollihare of the Senate 
 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to motor vehicles; de fining terms; 
making certain use of cellular telephones and 
electronic devices unlawful on certain stretches of 
road; creating penalty for violation; making certain 
exceptions; authorizing municipalities to enact 
certain ordinances; providing details for c ertain 
ordinances; requiring the Department of Public Safety  
not assess certain points for violations; prohibiting 
confiscation of certain devices and information; 
making certain exceptions; providing for 
codification; and providing an effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 11 -901e of Title 47, unless 
there is created a duplication in numbering, reads as follows: 
A.  For the purpose of this section: 
1.  “Cellular telephone” means an analog or digital wireless   
 
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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 manual ly 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 posit ioning or navigation 
system that is affixed to a motor vehicle, 
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 funct ion, 
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. 
B.  Where any portion of a road, street, or highway is a 
properly marked school zone, as indicated with appropriate warning   
 
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signs placed in accordance with the latest edition of the Manual on 
Uniform Traffic Control Devices, and a reduced speed limit is 
properly posted that is in effect during certain times due to the 
presence or potential presence of school children , or in a road 
construction zone, and 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: 
1.  Using a hand-held electronic communication device or 
cellular telephone to manually compose, send or read an electronic 
text message; or 
2.  Holding or using a hand -held cellular telephone. 
C.  Any person who violates the provisions of subsection B of 
this section shall, upon conviction, be punished by a fine of not 
more than One Hundred Dollars ($100.00). 
D.  The provisions of subsection B of this section shall not 
apply if the person is using the cellular telephone or el ectronic 
communication device: 
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: 
a. an emergency response operator, 
b. a hospital, physician’s office or health clinic, 
c. a provider of ambulance services,   
 
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d. a provider of firefighting services, or 
e. a law enforcement agency. 
E.  Municipalities may enact and municipal police officers may 
enforce ordinances prohibiting and penalizi ng 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 total fine and court costs for 
municipal ordinance violations shall not exceed One Hundred Dollars 
($100.00). 
F.  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 Se rvice Oklahoma. 
G.  A law enforcement officer shall not, without the consent of 
the person: 
1.  Confiscate a cellular telephone or electronic communication 
device for the purpose of determining compliance with this section; 
2.  Confiscate a cellular tele phone 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 this 
section unless:   
 
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a. the law enforcement officer has probable cause to 
believe that the cellular telephone or electronic 
communication device has been used in the commission 
of a crime, 
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, 2025. 
 
60-1-13024 JBH 02/27/25