Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that increases penalties for distracted driving.

Highlights:

• Prohibits the use of any wireless telecommunications device while operating a motor vehicle (Article 14, Sec. 1).

• Defines “wireless telecommunications device as any of the following portable devices, including a (Article 14, Sec. 1):

• Cellular telephone;

• Portable telephone;

• Text-messaging device;

• Stand-alone computer, including, but not limited to:

• A tablet;

• Laptop; or

• Notebook computer.

• Handheld global positioning system receiver;

• Device capable of displaying a: or

• Video;

• Movie;

• Broadcast television image; or

• Visual image.

• Any substantially similar portable device that is used to initiate or receive communication, information, or data

• Exempts first responders, law enforcement officers, and the use of smartwatches from the aforementioned distracted driving restrictions (Article 14, Sec. 1).

• Defines “smartwatch” as a wearable computer that provides a local touchscreen for daily use, associated with applications, and connected to a cellular or wifi network (Article 14, Sec. 1).

• Specifies that violators shall be found guilty of a misdemeanor or more depending on severity, and subject to the following penalties (Article 14, Sec. 1):

• For first offense within a 24 month period a maximum fine of $100;

• For second offense within a 24 month period a maximum fine of $200;

• For third offense within a 24 month period a:

• Maximum fine of $350;

• 3 points on the driver's record maintained by the DMV; and

• At court discretion, suspension of their driver’s license for 90 days.

• For driver’s that cause physical harm or damage to property:

• 30 days in jail; or

• $100-500 fine.

• For drivers that cause serious physical harm: and

• 120 days in jail; or

• $500-1,000 fine.

• For driver’s that cause death, guilty of negligent homicide.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that increases penalties for distracted driving.

Highlights:

• Prohibits the use of any wireless telecommunications device while operating a motor vehicle (Article 14, Sec. 1).

• Defines “wireless telecommunications device as any of the following portable devices, including a (Article 14, Sec. 1):

• Cellular telephone;

• Portable telephone;

• Text-messaging device;

• Stand-alone computer, including, but not limited to:

• A tablet;

• Laptop; or

• Notebook computer.

• Handheld global positioning system receiver;

• Device capable of displaying a: or

• Video;

• Movie;

• Broadcast television image; or

• Visual image.

• Any substantially similar portable device that is used to initiate or receive communication, information, or data

• Exempts first responders, law enforcement officers, and the use of smartwatches from the aforementioned distracted driving restrictions (Article 14, Sec. 1).

• Defines “smartwatch” as a wearable computer that provides a local touchscreen for daily use, associated with applications, and connected to a cellular or wifi network (Article 14, Sec. 1).

• Specifies that violators shall be found guilty of a misdemeanor or more depending on severity, and subject to the following penalties (Article 14, Sec. 1):

• For first offense within a 24 month period a maximum fine of $100;

• For second offense within a 24 month period a maximum fine of $200;

• For third offense within a 24 month period a:

• Maximum fine of $350;

• 3 points on the driver's record maintained by the DMV; and

• At court discretion, suspension of their driver’s license for 90 days.

• For driver’s that cause physical harm or damage to property:

• 30 days in jail; or

• $100-500 fine.

• For drivers that cause serious physical harm: and

• 120 days in jail; or

• $500-1,000 fine.

• For driver’s that cause death, guilty of negligent homicide.

Full Bill Text

Full Bill Text