HB-5117, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5117

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

(MCL 257.1 to 257.923) by adding section 602b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 602b. (1) A person shall not read, write, or send a text

message on a wireless 2-way communication device that is located in

the person's hand or in the person's lap, including a wireless

telephone used in cellular telephone service or personal

communication service, while operating a motor vehicle that is

moving on a highway or street in this state. As used in this

subsection, a wireless 2-way communication device does not include

a global positioning or navigation system that is affixed to the

motor vehicle.

(2) Subsection (1) does not apply to an individual who is

using a device described in subsection (1) to do any of the

following:

(a) Report a traffic accident, medical emergency, or serious

road hazard.

(b) Report a situation in which the person believes his or her

personal safety is in jeopardy.

of a criminal act against the individual or another person.

(d) Carry out official duties as a police officer, law

enforcement official, member of a paid or volunteer fire

department, or operator of an emergency vehicle.

(3) Enforcement of this section by state or local law

enforcement agencies shall be accomplished only as a secondary

action when the operator of a motor vehicle has been detained for a

suspected violation of another section of this act.

(4) An individual who violates this section is responsible for

a civil infraction.

(5) If a local unit of government adopts an ordinance

substantially similar to this section, the ordinance shall include

the secondary enforcement provision in subsection (3).

(6) Points shall not be assessed under section 320a for a

violation of this section.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5396 of the 94th Legislature is enacted into

law.