Tomorrow it becomes illegal to text and drive in TN. But future technology will have the ability to transcend the language of this bill. (i.e. Wifi in Ipod Touch - selecting song while it is acting as a "wireless electronic communication device")

HB0107

HOUSE BILL 107

By  Lundberg

AN ACT to amend Tennessee Code Annotated, Title 55,

relative to using text messaging services while

operating a motor vehicle.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1.  Tennessee Code Annotated, Title 55, Chapter 8, Part 1, is amended by

adding the following language as a new section:

Section 55-8-19_.

(a)  For the purpose of this section, unless the context otherwise requires:

(1)  “Mobile telephone” means a cellular, analog, wireless or digital

device that provides for voice communication and for data communication

other than by voice; and

(2)  “Personal digital assistant” means a wireless electronic

communication device that provides for data communication other than by

voice.

(b)  No driver shall operate a motor vehicle on any highway while using a

hand held mobile telephone or a hand held personal digital assistant to transmit

or read a written message while such vehicle is in motion; provided, that a driver

does not transmit or read a written message for the purpose of this subsection

(b) if such driver reads, selects or enters a telephone number or name in a hand

held mobile telephone or a personal digital assistant for the purpose of making or

receiving a telephone call.

(c)  A violation of any provision of this section is a Class C misdemeanor,

subject only to imposition of a fine, not to exceed fifty dollars ($50.00), and court

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costs, not to exceed ten dollars ($10.00), including, but not limited to, any

statutory fees of officers. No state or local litigation taxes shall be applicable to a

case prosecuted under this section.

SECTION 2.  This act shall take effect July 1, 2009, the public welfare requiring it.