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| To enact section 4511.204 of the Revised Code to | 1 |
| prohibit driving a vehicle while writing, sending, | 2 |
| or reading a text-based communication on an | 3 |
| electronic wireless communications device. | 4 |
| Section 1. That section 4511.204 of the Revised Code be | 5 |
| enacted to read as follows: | 6 |
| Sec. 4511.204. (A) No person shall drive a motor vehicle, | 7 |
| trackless trolley, or streetcar on any street, highway, or | 8 |
| property open to the public for vehicular traffic while using an | 9 |
| electronic wireless communications device to write, send, or read | 10 |
| a text-based communication. | 11 |
| (B) Division (A) of this section does not apply to any of the | 12 |
| following: | 13 |
| (1) A person using an electronic wireless communications | 14 |
| device in that manner for emergency purposes, including an | 15 |
| emergency contact with a law enforcement agency, hospital or | 16 |
| health care provider, fire department, or other similar emergency | 17 |
| agency or entity; | 18 |
| (2) A person driving a public safety vehicle who uses an | 19 |
| electronic wireless communications device in that manner in the | 20 |
| course of the person's duties; | 21 |
| (3) A person using an electronic wireless communications | 22 |
| device in that manner whose motor vehicle is in a stationary | 23 |
| position, with the transmission in the park or neutral setting or | 24 |
| with the engine or power to the motor off, and who is outside a | 25 |
| lane of travel; | 26 |
| (4) A person reading, selecting, or entering a name or | 27 |
| telephone number in an electronic wireless communications device | 28 |
| for the purpose of making or receiving a telephone call; | 29 |
| (5) A person receiving wireless messages on a device | 30 |
| regarding the operation or navigation of a motor vehicle; | 31 |
| safety-related information, including emergency, traffic, or | 32 |
| weather alerts; or data used primarily by the motor vehicle; | 33 |
| (6) A person receiving wireless messages via radio waves; | 34 |
| (7) A person using a device for navigation purposes; | 35 |
| (8) A person conducting wireless interpersonal communication | 36 |
| with a device that does not require manually entering letters, | 37 |
| numbers, or symbols or reading text messages, except to activate, | 38 |
| deactivate, or initiate the device or a feature or function of the | 39 |
| device; | 40 |
| (9) A person operating a commercial truck while using a | 41 |
| mobile data terminal that transmits and receives data. | 42 |
| (C) Whoever violates division (A) of this section is guilty | 43 |
| of a minor misdemeanor. | 44 |
| (D) This section shall not be construed as invalidating, | 45 |
| preempting, or superseding a substantially equivalent municipal | 46 |
| ordinance that prescribes penalties for violations of that | 47 |
| ordinance that are greater than the penalties prescribed in this | 48 |
| section for violations of this section. | 49 |
| (E) As used in this section: | 50 |
| (1) "Electronic wireless communications device" includes any | 51 |
| of the following: | 52 |
| (a) A wireless telephone; | 53 |
| (b) A text-messaging device; | 54 |
| (c) A personal digital assistant; | 55 |
| (d) A computer; | 56 |
| (e) Any other substantially similar wireless device that is | 57 |
| designed or used to communicate text. | 58 |
| (2) "Write, send, or read a text-based communication" means | 59 |
| to manually write or send, or read a text-based communication | 60 |
| using an electronic wireless communications device, including | 61 |
| manually writing or sending, or reading communications referred to | 62 |
| as text messages, instant messages, or electronic mail. | 63 |
| Section 2. For the six-month period commencing on the | 64 |
| effective date of this act, no law enforcement officer shall issue | 65 |
| to the operator of any motor vehicle being operated upon a street | 66 |
| or highway within this state a ticket, citation, or summons for a | 67 |
| violation of division (A) of section 4511.204 of the Revised Code, | 68 |
| or cause the arrest of or commence a prosecution of a person for a | 69 |
| violation of that division. Instead, during that period of time | 70 |
| the law enforcement officer shall issue to such an operator a | 71 |
| written warning, informing the operator of the existence of | 72 |
| division (A) of section 4511.204 of the Revised Code and that | 73 |
| after the date that is six months after the effective date of this | 74 |
| act, a law enforcement officer who observes that the operator of a | 75 |
| motor vehicle has committed or is committing a violation of | 76 |
| division (A) of section 4511.204 of the Revised Code will be | 77 |
| authorized to issue a ticket, citation, or summons to that | 78 |
| operator for that violation or to cause the arrest of or commence | 79 |
| a prosecution of such an operator for a violation of that | 80 |
| division. | 81 |