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Senate substitutes and amends bill to ban texting while driving, ties penalties to DUI framework
Summary
First substitute SB 149 makes it unlawful to text while driving (vehicle must be moving) and models penalties on DUI statutes, with class B misdemeanor for initial violations and higher penalties for injury or repeated offenses; the bill was amended on the floor and resumed after a brief recess.
Senator Hilliard moved to substitute and then presented first substitute Senate Bill 149, which targets handheld texting while driving and clarifies that a vehicle must be in motion for an offense to occur. The sponsor emphasized a recent fatal crash caused by a texting driver and framed the bill as a public‑safety measure.
Key features of the substitute: the prohibition applies when the vehicle is moving (pulling off the road or stopped with engine off is not a violation), the law treats repeat or injury‑causing texting crashes similarly to how DUI is escalated (Class B misdemeanor for initial offenses, Class A for bodily injury, and potential third‑degree felony for deaths or certain repeat offenses). The bill allows judges discretion on license revocation rather than an automatic suspension in all cases.
Amendment 1 removed a reference to "justice" to use the broader term "judge" and adjusted other technical phrasing. The bill was amended on the floor. Sponsors noted evidentiary and enforcement challenges but said devices and investigative practices make enforcement feasible. After amendment and debate the Senate took a short recess; further floor action was scheduled to resume consideration.
