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SENATE FLOOR VERSION
April 17, 2025
ENGROSSED HOUSE
BILL NO. 2263 By: Miller and Luttrell of the
House
and
Gollihare of the Senate
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 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
telephone authorized by the Federal Communications Commission to
operate in the frequency bandwidth reserved for cellular telephones;
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2. “Compose”, “send”, or “read” with respect to a text message
means the manual entry, se nding, 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 ora l 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 positi oning 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 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
signs placed in accordance with the latest edition of the Manual on
Uniform Traffic Control Devices, and a reduced speed limit is
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properly posted that is in effect during certain times due to the
presence or potential pre sence 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 communicatio n 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 puni shed 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 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 servic es,
d. a provider of firefighting services, or
e. a law enforcement agency.
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E. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and pena lizing conduct under the
provisions of this section. The provisions of such o rdinances 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 H undred 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 b y Service Oklahoma.
G. A law enforcement officer shall not, without the conse nt 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 pendin g 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:
a. the law enforcement officer has probable cause to
believe that the cellular telephone or electronic
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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.
COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY AND TELECOMMUNICATIONS
April 17, 2025 - DO PASS