Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0600.01 Jerry Barry x4341    HOUSE BILL 14-1225
                    HOUSE SPONSORSHIP
 Melton,  Fields, Fischer, Ginal, Hullinghorst, Tyler
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning use of wireless telephone while driving.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law prohibits an adult from using a wireless telephone for
       text messaging or other similar forms of data entry or transmission while
       driving. The bill adds using an application to this prohibition.
            The bill prohibits an adult from using a wireless telephone for a
       phone call while driving unless the person uses a hands-free device. A
       person cannot be charged with the offense unless either:
                 The person is stopped for another traffic violation, the
                 officer witnesses the violation, and it occurs in a school or
                 construction zone; or
                 The violation was the cause of a traffic accident.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 42-4-239, amend (3),
       (4) introductory portion, and (5); and add (1) (a.5), (3.5), and (6) (c) as
       follows:
            42-4-239.  Misuse of a wireless telephone - definitions - penalty
       - preemption. (1)  As used in this section, unless the context otherwise
       requires:
            (a.5)  "Hands-free device" means a wireless telephone or a
       motor vehicle equipped with a device that allows a person to use
       a wireless telephone without the use of the person's hands.
            (3)  A person eighteen years of age or older shall not use a wireless
       telephone for the purpose of engaging in text messaging, using an
       application, or other similar forms of manual data entry or transmission
       while operating a motor vehicle.
            (3.5)  A person eighteen years of age or older while
       operating a motor vehicle shall not use a wireless telephone for
       the purpose of making or receiving a phone call, unless the
       person uses a hands-free device.
            (4)  Subsection (2), or (3), or (3.5) of this section shall not apply
       to a person who is using the wireless telephone:
            (5) (a)  A person who operates a motor vehicle in violation of
       subsection (2), or (3), or (3.5) of this section commits a class A traffic
       infraction as defined in section 42-4-1701 (3), and the court or the
       department of revenue shall assess a fine of fifty dollars.
            (b)  A second or subsequent violation of subsection (2), or (3), or
       (3.5) of this section shall be a class A traffic infraction as defined in
       section 42-4-1701 (3), and the court or the department of revenue shall
       assess a fine of one hundred dollars.
            (6) (c)  An operator of a motor vehicle shall not be cited
       for a violation of subsection (3.5) of this section unless either:
            (I)  The driver was stopped by a law enforcement officer
       for an alleged violation of articles 1 to 4 of this title other
       than a violation of this section, the law enforcement officer
       saw the operator use a wireless telephone, as defined in
       paragraph (c) of subsection (1) of this section, and the violation
       occurred in a school zone as defined in section 42-4-615 or a
       maintenance, repair, or construction zone that is designated by
       the department of transportation or other public entity
       pursuant to section 42-4-614; or
            (II)  The violation was a cause of a traffic accident.
            SECTION 2.  Effective date - applicability. This act takes effect
       July 1, 2014, and applies to offenses committed on or after said date.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.