FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CAMPBELL.
Read 1st time February 18, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 304, RSMo, by adding thereto one new section relating to regulation of mobile telephone use by operators of motor vehicles, with an effective date and penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto one new section, to be known as section 304.145, to read as follows:
304.145. 1. As used in this section, the following terms shall mean:
(1) "Engage in a call", talking into or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of such telephone;
(2) "Handheld mobile telephone", a mobile telephone with which a user engages in a call using at least one hand;
(3) "Hands-free mobile telephone", a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone;
(4) "Immediate proximity", that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear;
(5) "Mobile telephone", the device used by subscribers and other users of wireless telephone service to access such service;
(6) "Using", holding a mobile telephone to, or in the immediate proximity of, the user's ear;
(7) "Wireless telephone service", two-way realtime voice telecommunications service that is interconnected to a public-switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. Section 20.3.
2. Except as provided in subsection 3 of this section, no person shall operate a motor vehicle upon a public roadway while using a mobile telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.
3. The provisions of this section shall not apply to:
(1) The use of a mobile telephone for the sole purpose of communicating with the following regarding an emergency situation:
(a) An emergency response operator;
(b) A hospital, physician's office, or health clinic;
(c) An ambulance operator;
(d) A fire department; or
(e) A police department.
(2) Any law enforcement officer, employee of a fire department, or operator of an emergency vehicle as that term is defined in section 304.022, while those individuals are performing their official duties;
(3) Use of a hands-free mobile telephone.
4. Any person who violates the provisions of this section shall be guilty of a class C misdemeanor, unless an accident is involved, in which case the person shall be guilty of a class B misdemeanor.
Section B. The provisions of section A of this act shall become effective July 1, 2004