Bill No. 28-0141_prohibition On Texting While Driving (s. Richards)

COMMITTEE ON PUBLIC SAFETY, HOMELAND SECURITY AND JUSTICE

BILL NO.

28-0141

Twenty-Eighth Legislature of the Virgin Islands

September 1, 2009

An Act amending 20 V.I.C., chapter 43, to establish a prohibition against text-based communication while driving a motor vehicle in the Virgin Islands

PROPOSED BY:

1

Senator Usie R. Richards

Be it enacted by the Legislature of the Virgin Islands:

2

SECTION 1. Title 20 Virgin Islands Code, chapter 43, is amended by adding a new

3

section 509a to read as follows:

4

§509a. Text-based communications prohibited

5 6

(a)

communications device to write, send, or read a text-based communication.

7 8 9 10

A person shall not drive a motor vehicle while using an electronic wireless

(b)

As used in this section "write, send, or read a text-based communication"

means (1)

using an electronic wireless communications device to manually

communicate with any person using a text-based communication, including, but not

2

1

limited to, communications referred to as a text message, instant message, or

2

electronic mail; or

3

(2)

using an electronic wireless communications device to manually read,

4

select, or enter a telephone number or name in an electronic wireless communications

5

device for the purpose of making or receiving a telephone call.

6

(c)

7 8 9 10

A violation of this section is an infraction punishable by a fine of twenty

dollars ($20) for a first offense. (d)

A second or subsequent violation of this section is an infraction punishable by

a fine of not less than fifty dollars ($50), but not more than two hundred dollars ($200). (e)

Three or more violations of this section within a three year period is

11

punishable by a fine of not less than one hundred dollars ($100), but not more than two

12

hundred dollars ($200), and a person to whom this subsection applies may have his driver’s

13

license suspended for a period not to exceed 1 year.

14

(f)

This section does not apply to a police officer, emergency medical technician

15

(“EMT”), firefighter or other emergency services professional using an electronic wireless

16

communications device while operating an authorized emergency vehicle in the course and

17

scope of his or her duties.

18 19

BILL SUMMARY

20

This Bill seeks to establish a prohibition against text-based communications while

21

driving in the Virgin Islands. Subsection (a) specifically establishes the prohibition against

22

writing, sending or reading a text-based communication while driving.

23 24

Subsection (b) defines what is meant by “writ[ing], send[ing] or read[ing] a textbased communication.”

3

1 2 3 4

Subsections (c), (d) and (e) proscribe the penalties for an initial violation, subsequent violations and multiple violations within a three year time period. Subsequent (f) proscribes the individuals and the circumstances in which such individuals will be exempted from the prohibitions of this section.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

BR09-0232 /July 28, 2009/ TMH