General Assembly |
File No. 652 |
January Session, 2011 |
House of Representatives, April 28, 2011
The Committee on Judiciary reported through REP. FOX, G. of the 146th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING THE PENALTY FOR USING A CELLULAR TELEPHONE WHILE OPERATING A MOTOR VEHICLE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 14-296aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) For purposes of this section, the following terms have the following meanings:
(1) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service.
(2) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate proximity of, the user's ear.
(3) "Hand-held mobile telephone" means a mobile telephone with which a user engages in a call using at least one hand.
(4) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.
(5) "Hands-free mobile telephone" means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.
(6) "Engage in a call" means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone.
(7) "Immediate proximity" means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator's ear.
(8) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital photographs are taken or transmitted, or any combination thereof, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle.
(b) (1) Except as otherwise provided in this subsection and subsections (c) and (d) of this section, no person shall operate a motor vehicle upon a highway, as defined in section 14-1, while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device while such vehicle is in motion. An operator of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while such vehicle is in motion shall be in violation of this section. (2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. (3) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law. (4) Subdivision (1) of this subsection does not apply to: (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or (B) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, as defined in subdivision (9) of section 53a-3, a firefighter or an operator of an ambulance or authorized emergency vehicle, as defined in section 14-1, or a member of the armed forces of the United States, as defined in section 27-103, while operating a military vehicle, or (C) the use of a hands-free mobile telephone.
(c) No person shall use a hand-held mobile telephone or other electronic device, including those with hands-free accessories, or a mobile electronic device while operating a moving school bus that is carrying passengers, except that this subsection does not apply to (1) a school bus driver who places an emergency call to school officials, or (2) the use of a hand-held mobile telephone as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section.
(d) No person under eighteen years of age shall use any hand-held mobile telephone, including one with a hands-free accessory, or a mobile electronic device while operating a moving motor vehicle on a public highway, except as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section.
(e) Except as provided in subsections (b) to (d), inclusive, of this section, no person shall engage in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such vehicle on any highway, as defined in section 14-1.
(f) Any law enforcement officer who issues a summons for a violation of subsection (b), (c), (d) or (i) of this section shall record, on any summons form issued in connection with the matter, the specific nature of any distracted driving behavior observed by such officer that contributed to the issuance of such summons.
[(g) Any person who violates subsection (b) of this section shall be fined one hundred dollars for a first violation, one hundred fifty dollars for a second violation and two hundred dollars for a third or subsequent violation.
(h) Any person who violates subsection (c) or (d) of this section shall be fined not more than one hundred dollars.]
(g) Any law enforcement officer who issues a summons to a person for a second or subsequent violation of subsection (b), (c) or (d) of this section may, acting on behalf of the Commissioner of Motor Vehicles, immediately suspend and take possession of the motor vehicle operator's license of such person or, if such person is a nonresident, suspend the nonresident operating privilege of such person, for a twenty-four-hour period.
(h) Any person who violates subsection (b), (c) or (d) of this section shall (1) for a first violation, be fined one hundred dollars, and (2) for a second or subsequent violation, be fined not more than five hundred dollars.
(i) An operator of a motor vehicle who commits a moving violation, as defined in subsection (a) of section 14-111g, while engaged in any activity prohibited under subsection (e) of this section shall be fined one hundred dollars in addition to any penalty or fine imposed for the moving violation.
(j) The state shall remit to a municipality twenty-five per cent of the amount received with respect to each summons issued by such municipality for a violation of this section. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.
Sec. 2. Subsection (b) of section 51-164n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292 or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section 14-283, section 14-291 [,] or 14-293b, subdivision (1) of subsection (h) of section 14-296aa, as amended by this act, section 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265 or 20-324e, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-381d, 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230, 26-294, 28-13, 29-6a, 29-109, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-161y, 29-161z, 29-198, 29-210, 29-243, 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 46b-38dd, 46b-38gg, 46b-38kk, 47-34a, 47-47, 49-8a, 49-16 or 53-133, or section 53-212a, 53-249a, 53-252, 53-264, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
14-296aa |
Sec. 2 |
October 1, 2011 |
51-164n(b) |
JUD |
Joint Favorable Subst. |
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
Agency Affected |
Fund-Effect |
FY 12 $ |
FY 13 $ |
Judicial Dept. |
GF - Revenue Gain |
519,000 |
692,000 |
Municipalities |
Effect |
FY 12 $ |
FY 13 $ |
Various Municipalities |
Revenue Gain |
173,000 |
231,000 |
Explanation
The bill increases the fine for a second or subsequent offense for the use of a hand-held or mobile electronic devise while driving, which will result in a revenue gain to the General Fund of $519,000 in FY 121 and $692,000 in FY 13. This change will also result in a revenue gain of $173,000 in FY 12 and $231,000 in FY 13 to municipalities.2 The estimate assumes 15% of offenders will re-offend, a similar number of convictions for this offense are made in the future and the total revenue collected will increase proportionally to current collections.3
The Out Years
The annualized ongoing revenue identified above would remain constant into the future since fine amounts are set by statute.
Sources: |
Judicial Department Offenses and Revenue Database |
OLR Bill Analysis
AN ACT CONCERNING THE PENALTY FOR USING A CELLULAR TELEPHONE WHILE OPERATING A MOTOR VEHICLE.
This bill increases the maximum penalties for a second or subsequent violation for unlawfully using a cell phone or other mobile electronic device while driving. In addition, it changes the penalties for a first or subsequent violation for violators who are under age 18 or who commit a violation while driving a school bus carrying passengers.
For anyone who receives a summons for a second or subsequent violation, the bill allows the law enforcement officer issuing the summons, on the motor vehicle commissioner's behalf, to suspend and take possession of the violator's driver's license for 24 hours. If the violator is a non-resident, the officer may suspend the person's operating privileges for 24 hours.
The bill also specifies that violators may follow the procedures for infractions only for a first violation. Under these procedures, a violator may mail the fine to the Centralized Infractions Bureau instead of appearing in court.
EFFECTIVE DATE: October 1, 2011
PENALTIES FOR USING CELL PHONES WHILE DRIVING
The bill changes the penalties for using cell phones or other mobile electronic devices while driving, as Tables 1 and 2 outline.
Table 1: Penalties for Adults (Other than School Bus Drivers)
Existing Law |
The Bill | |
First Violation |
$100 fine |
$100 fine |
Second Violation |
$150 fine |
Up to a $500 fine, plus possible 24-hour suspension of driver's license or nonresident driving privilege |
Subsequent Violations |
$200 fine |
Up to a $500 fine, plus possible 24-hour suspension of driver's license or nonresident driving privilege |
Table 2: Penalties for Minors and School Bus Drivers
Existing Law |
The Bill | |
First Violation |
Up to a $100 fine |
$100 fine |
Subsequent Violations |
Up to a $100 fine |
Up to a $500 fine, plus possible 24-hour suspension of driver's license or nonresident driving privilege |
By law, the prohibition applies, with certain exceptions, to using a hand-held mobile phone or mobile electronic device while driving, and includes text messaging. The prohibition also applies to using a mobile phone or electronic device, even with a hands-free accessory, if the driver is (1) a school bus driver carrying passengers or (2) under age 18. The prohibition does not apply (1) in emergency situations or (2) for people other than minors and school bus drivers, to any of the following people while performing their official duties and within the scope of their employment: peace officers, firefighters, ambulance and emergency vehicle drivers, or members of the military when operating a military vehicle.
BACKGROUND
Related Bill
sHB 6581 (File 395), favorably reported by the Transportation Committee, increases fines for using a cell phone or texting while driving and imposes additional penalties for texting while driving a commercial motor vehicle.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea |
23 |
Nay |
20 |
(04/14/2011) |
1 This figure reflects an October 1, 2011 effective date.
2 Per CGS 14-296aa(8)(j), 25% of revenue received for using a cell phone or texting while driving shall be remitted to municipalities.
3 In 2010, 31,565 convictions were made for using a cell phone or texting while driving, and $1,801,000 in fine revenue was collected. $497,000 of this total was for second and subsequent offenses. The total revenue collected represents 60% of the value of tickets issued.