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                                                      PRINTER'S NO. 1424

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1098 Session of 2007


        INTRODUCED BY C. WILLIAMS, FERLO, EARLL, MUSTO, PUNT, FONTANA,
           ORIE, ERICKSON, COSTA AND RAFFERTY, SEPTEMBER 28, 2007

        REFERRED TO TRANSPORTATION, SEPTEMBER 28, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, prohibiting certain drivers from using mobile
     3     phones.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 3316.  Prohibiting use of mobile phones.
     9     (a)  Drivers subject to restrictions.--No driver under 18
    10  years of age shall drive a motor vehicle on a highway in this
    11  Commonwealth, including Federal, State and municipal highways,
    12  while using a mobile phone.
    13     (b)  Exceptions.--This section shall not apply to persons who
    14  use a mobile phone for the sole purpose of reporting an accident
    15  or emergency.
    16     (c)  Seizure.--The provisions of this section shall not be
    17  construed as authorizing the seizure or forfeiture of a mobile
    18  phone, unless otherwise provided by law.


     1     (d)  Penalty.--A person who violates subsection (a) commits a
     2  summary offense and shall, upon conviction, be sentenced to pay
     3  a fine of not less than $1 nor more than $300 or to a period of
     4  community service to be determined by the sentencing authority.
     5     (e)  Definitions.--As used in this section, the following
     6  words and phrases shall have the meanings given to them in this
     7  subsection:
     8     "Mobile phone."  A telecommunications device that receives an
     9  analog signal or digital signal, or both, and that is designed
    10  for handheld use, or a hands-free mobile telephone.
    11     "Using a mobile phone."  Includes the following:
    12         (1)  making or receiving telephone calls;
    13         (2)  writing, reading, sending or receiving text messages
    14     or electronic mail;
    15         (3)  accessing the Internet, if the mobile phone is
    16     equipped with Internet capability; or
    17         (4)  utilizing any camera feature, if the mobile phone is
    18     equipped with a camera.
    19     Section 2.  This act shall take effect in six months.








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