Senate Bill No. 313
(By Senators Yoder, Kessler, Wells, White and Hunter)
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[Introduced January 23, 2008; referred to the Committee on
Transportation and Infrastructure.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-14-15, relating
to the unlawfulness of text messaging while operating a motor
vehicle.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-14-15, to read as
follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Text messaging while operating a motor vehicle;
penalties.
(a) Except as provided in subsection (b) of this section, no
person operating a moving motor vehicle who, by means of an
electronic wireless communications device, other than a
voice-activated global positioning or navigation system that is permanently affixed to the vehicle, may send, read, or write a text
message. A person does not send, read, or write a text message
when he or she reads, selects, or enters a phone number or name in
a wireless communications device for the purpose of making a phone
call.
(b) Subsection (a) of this section does not apply to a person
operating:
(1) An authorized emergency vehicle; or
(2) A moving motor vehicle while using an electronic wireless
communications device to:
(A) Report illegal activity;
(B) Summon medical or other emergency help; or
(C) Prevent injury to a person or property.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, will be fined
not more than one hundred dollars; upon a second conviction, will
be fined not more than two hundred dollars; and upon a third or
subsequent conviction, will be fined not more than five hundred
dollars.
NOTE: The purpose of this bill is to make unlawful text
messaging while operating a motor vehicle and to provide penalties
for violators.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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