44-12 Enact 331.345 Using Communication Device While Driving

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while using in any mam~er an electronic wireless cmnmm~ications device. (d) Subsection (c) of this section does not apply to any of the follow- ing: (1) A person using an electronic wireless commnunications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fne department, or other similar emergency agency or entity; (2) A person using an electronic wireless cormmunications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel; (3) A persai using a navigation device in avoice-operated or hands-free maimer who does not manipulate the device while driving. (e) Whoever violates subsection (a) of this section on a first offense is guilty of a minor misdemeanor. Whoever violates subsection (c) of this section shall be adjudicated in accordance with juvenile court law and procedure. (f) Nohvithstanding any provision of law to the contrary, no law en- forcement oft;cer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (a) of this section has been or is being co~mnitted or for the sole pur- pose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or co~mnencing a prosecution of a person for a violatim~ of that nature, and no law enforcement of- ficer shall view the interior or visually inspect any automobile be- ing operated on any street or highway for the sole purpose of de- tenninn~g whether a violation of that nature has been or is being cocmnitted. (g) As usedm this section: (I) "Electronic wireless commmunications device" includes a wire- less telephone; atext-messaging device; a personal digital as- sistant; acomputer, including a laptop computer and a com- puter tablet; and any other substantially similar wireless de- vice that is designed or used to comnumicate text or via voice, image, or written wm~d. (2) "Voice-operated or hands-free device" means a device that al- lows the user to vocally compose or send, or to listen to a text- based cmnmunieatimi without the use of either hand except to activate or deactivate a feature or function. (3) "Write, send, or read atext-based communication" means to manually write or send, or read atext-based commnunication using an electronic tivireless communications device, including manually writing or sending, or reading commnunications re-