AZ SB1349

Adds a new aggravating factor to Arizona sentencing law (Section 13-701) for defendants operating a motor vehicle while using a wireless communication device to manually type, send, read or enter written or visual communications, including text messages, instant messages, emails, or social media communications.

Defines "wireless communications device" to include wireless telephones, text messaging devices, personal digital assistants, laptops, and substantially similar readily removable devices used to write, send or read text, data or images through manual input.

Excludes from the definition of wireless communications device: global positioning or navigation systems, vehicle-integrated systems or devices, citizens band radios, and push-to-talk electronic communication devices.

Allows courts to impose enhanced sentences when this texting while driving aggravating factor is found true by the trier of fact beyond a reasonable doubt or admitted by the defendant.

Renumbers the existing catch-all aggravating factor from paragraph 25 to paragraph 26 to accommodate the new texting provision.