2017 Montana Legislature
Additional Bill Links PDF (with line numbers)
HOUSE BILL NO. 180
INTRODUCED BY D. LOGE, D. ANKNEY
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING USE OF INTERACTIVE WIRELESS COMMUNICATION DEVICES IN SCHOOL ZONES OR WORK ZONES; PROVIDING DEFINITIONS; AND PROVIDING A PENALTY; AND AMENDING SECTION 61-8-715, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Prohibition on interactive wireless communication device in school zone or work zone -- penalties -- definition. (1) A person may not use an interactive wireless communication device while operating a motor vehicle in a school zone or a work zone, as defined in 61-8-314.
(2) This section does not apply to:
(a) law enforcement personnel or drivers of authorized emergency vehicles when on duty and acting in their official capacities;
(b) a person reporting an accident or emergency; or
(c) a person using a hands-free interactive wireless communication device while driving.; OR
(D) A PERSON AUTHORIZED BY THE DEPARTMENT OF TRANSPORTATION, A LOCAL AUTHORITY, UTILITY COMPANY, OR PRIVATE CONTRACTOR TO BE IN THE WORK ZONE.
(3) A person who is convicted of an offense of using an interactive wireless communication device in a school zone or a work zone is subject to the penalties of 61-8-715 61-8-711.
(4) As used in this section, the following definitions apply:
(a) "Hands-free interactive wireless communication device" means an interactive wireless communication device that has an internal feature or is equipped with an attachment or addition by which a user engages in a voice or data communication without the use of either hand and regardless of whether either hand is used to activate, deactivate, or initiate a function of the device.
(b) "Interactive wireless communication device" means a wireless electronic communication device that provides for voice or data communication between two or more parties, including but not limited to a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, or a laptop computer. The term does not include a citizens band radio, a two-way radio communication device, or a device that is permanently affixed to a bus or school bus.
Section 2. Section 61-8-715, MCA, is amended to read:
"61-8-715. Reckless driving -- reckless endangerment of highway workers -- use of interactive wireless communication device -- penalty. (1) Except as provided in subsection (2), a person convicted of reckless driving under 61-8-301(1)(a) or (1)(b), or convicted of reckless endangerment of a highway worker under 61-8-301(4), or use of an interactive wireless communication device in a school zone or a work zone under [section 1] shall be punished upon a first conviction by imprisonment for a term of not more than 90 days, a fine of not less than $25 or more than $300, or both. On a second or subsequent conviction, the person shall be punished by imprisonment for a term of not less than 10 days or more than 6 months, a fine of not less than $50 or more than $500, or both.
(2) A person who is convicted of reckless driving under 61-8-301 and whose offense results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, incarceration for a term not to exceed 1 year, or both."
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 8, and the provisions of Title 61, chapter 8, apply to [section 1].
- END -
Latest Version of HB 180 (HB0180.03)
Processed for the Web on January 26, 2017 (4:21pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2017 Legislature | Leg. Branch Home
All versions of all bills (PDF format)
Authorized print version of this bill w/line numbers (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services