SB 404 Summary

• Makes it a Class C infraction to use a handheld wireless communications device to transmit a text message or electronic mail message while operating a moving motor vehicle on a public highway.

• Defines "handheld wireless communications device" to include wireless telephones, personal digital assistants, pagers, and text messaging devices.

• Enhances the penalty to a Class A misdemeanor for repeat offenses if a prior conviction or judgment for this infraction was entered within 5 years of the current offense.

• Enhances the penalty to a Class D felony if the offense results in serious bodily injury to any person.

• Exempts law enforcement officers and emergency medical services providers responding to emergencies or operating within the scope of their employment; effective July 1, 2011.