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HOUSE OF REPRESENTATIVES - FLOOR VERSION
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; defining 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 certain
ordinances; requiring the Department of Public Safety
not assess certain points for violations; prohibiting
confiscation of certain devices and information;
making certain except ions; 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 res erved 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 electronic ally
integrated into a motor v ehicle,
b. a voice-operated global positioning 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, d eactivate or
initiate a feature or function,
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 ope rate 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 secti on shall not
apply if the person is using the cellular telephone or electronic
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 mun icipal 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 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 o f this section on any license holder’s
traffic record maintained by Service 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 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 communicat ion 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 o therwise downloaded
under a valid search warrant, or
c. otherwise authorized by law.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 03/03/2025 - DO PASS, As Amended.