Signed by Governor Jon Huntsman, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits the use of a handheld wireless communication device to send text messages or emails while driving, and classifies the offense as a class C misdemeanor or a class B misdemeanor if aggravated circumstances exist.

Highlights:

-Classifies the offense as a Class B misdemeanor if the individual inflicts serious bodily injury as a proximate result of sending a text message or email while driving, or if the individual has a prior conviction within the past three years for sending a text message or email while driving (Sec. 1). -Classifies the offense as a third degree felony if an individual is driving in a negligent manner while sending a text message or email and causes the death of another individual (Sec. 1). -Defines "negligence" as simple negligence, meaning a failure to exercise a degree of care that a reasonable and prudent individual would exercise under the same or similar circumstances (Sec. 1). -Classifies the offense as a second degree felony if an individual is driving in a criminally negligent manner while sending a text message or email and causes the death of another individual. -Defines "criminal negligence" as circumstances surrounding an individual's conduct or the result of the individual's conduct in which that individual ought to be aware of a substantial and unjustifiable risk that the circumstances exist or will occur, such that a failure to perceive it constitutes a gross deviation from the standard of care that an ordinary individual would exercise (Sec. 1). -Authorizes judges to suspend an individual's driver's license for a period of 3 months upon conviction for sending a text massage or email while driving (Sec. 1). -Specifies that the provisions of this Act do not prohibit an individual from using a handheld wireless communication device while driving if the individual is (Sec. 1):

-Using the device during a medical emergency; -Reporting a safety hazard or requesting assistance related to a safety hazard; -Reporting criminal activity or requesting assistance related to criminal activity; -Providing roadside or medical assistance; or -A law enforcement officer or emergency service personnel acting in accordance with the requirements of their employment.

Full Bill Text