Arkansas SB 66: TO CLARIFY THE LAW CONCERNING DISTRACTED DRIVING; AND TO MAKE A VIOLATION OF THE DISTRACTED DRIVING LAW A SECONDARY OFFENSE.

Bill Text

Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S2/11/19 1
92nd General Assembly A Bill 2
Regular Session, 2019 SENATE BILL 66 3
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By: Senator A. Clark 5
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For An Act To Be Entitled 7
AN ACT TO CLARIFY THE LAW CONCERNING DISTRACTED 8
DRIVING; TO MAKE A VIOLATION OF THE DISTRACTED 9
DRIVING LAW A SECONDARY OFFENSE; AND FOR OTHER 10
PURPOSES. 11
12
13
Subtitle 14
TO CLARIFY THE LAW CONCERNING DISTRACTED 15
DRIVING; AND TO MAKE A VIOLATION OF THE 16
DISTRACTED DRIVING LAW A SECONDARY 17
OFFENSE. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code § 27-16-804(g)(1)(D), concerning the issuance 23
of and restrictions on drivers with restricted licenses, learner's licenses, 24
and intermediate licenses is repealed. 25
(D)(i) A driver with an intermediate driver's license 26
shall not use a cellular telephone device or other interactive wireless 27
communication device while operating a motor vehicle except for an emergency 28
purpose. 29
(ii) As used in this subdivision (g)(1)(D), 30
“emergency purpose” means the driver: 31
(a) Has reason to fear for his or her life, 32
safety, or property; 33
(b) Reasonably believes that a criminal act 34
may be perpetrated against him or her, his or her property, another person, 35
or another person's property; or 36

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(c) Is reporting: 1
(1) A fire; 2
(2) A traffic accident; 3
(3) A serious road hazard; 4
(4) A medical emergency; 5
(5) A hazardous materials emergency; 6
(6) Another driver who is recklessly, 7
carelessly, or unsafely driving; or 8
(7) Another driver who appears to be 9
driving under the influence of drugs or alcohol. 10
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SECTION 2. Arkansas Code Title 27, Chapter 51, Subchapter 15, is 12
repealed. 13
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Subchapter 15 15
Paul's Law: To Prohibit Drivers From Using a Wireless Communications Device 16
While Operating a Motor Vehicle 17
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27-51-1501. Title. 19
This subchapter is known and may be cited as “Paul's Law: To Prohibit 20
Drivers From Using a Wireless Communications Device While Operating a Motor 21
Vehicle”. 22
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27-51-1502. Purpose. 24
The purpose of this subchapter is to: 25
(1) Improve the safety of the roads for all drivers and 26
passengers by prohibiting a driver of a motor vehicle from engaging in text 27
messaging; 28
(2) Prevent accidents caused by the distractive practice of text 29
messaging while operating a motor vehicle; 30
(3) Preserve human life and maintain the safety of the citizens 31
of the State of Arkansas and visitors to our state by taking steps to reduce 32
motor vehicle accidents, injuries, and deaths; 33
(4) Reduce health care costs, health insurance rates, and 34
automobile insurance rates by attempting to reduce the number of motor 35
vehicle accidents that cause injury, death, and property damage; and 36

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(5) Reduce the amount of time that law enforcement and the court 1
system work on accidents and offenses arising out of motor vehicle accidents 2
caused by drivers who are distracted by sending or reading text messages. 3
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27-51-1503. Definitions. 5
As used in this subchapter: 6
(1) “Access, read, or post to a social networking site” means 7
using a wireless telecommunications device to interact with a web-based 8
service that allows a person to: 9
(A) Construct a profile within a bounded system; 10
(B) Articulate a list of other members with whom the 11
person shares a connection; and 12
(C) Communicate with other members of the site; 13
(2)(A) “Wireless telecommunications device” means a cellular 14
telephone, a text-messaging device, a personal digital assistant, a stand-15
alone computer, or a substantially similar wireless device that is readily 16
removable from the vehicle and is used to write, send, or read text or data 17
through manual input. 18
(B) “Wireless telecommunications device” does not include 19
a: 20
(i) Citizens band radio; 21
(ii) Citizens band radio hybrid; 22
(iii) Commercial two-way radio communication device; 23
(iv) Two-way radio transmitter or receiver used by a 24
licensee of the Federal Communications Commission in the Amateur Radio 25
Service; or 26
(v) Hands-free wireless telephone or device; and 27
(3) “Write, send, or read a text-based communication” means 28
using a wireless telecommunications device to manually communicate with a 29
person by using a text-based communication commonly referred to as a text 30
message, instant message, or electronic mail. 31
32
27-51-1504. Use of wireless telecommunications device when driving. 33
(a)(1) Except as otherwise provided in subsection (b) of this section, 34
a driver of a motor vehicle shall not operate a motor vehicle while using a 35
wireless telecommunications device to: 36

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(A) Write, send, or read a