FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SMITH (14) (Sponsor), WALLACE, NANCE, SCHARNHORST AND BIVINS (Co-sponsors).
0181L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 304, RSMo, by adding thereto one new section relating to wireless telephone use, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto one new section, to be known as section 304.815, to read as follows:
304.815. 1. No person shall operate a motor vehicle, as defined in section 301.010, RSMo, while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking and is used in that manner while driving, or the motor vehicle is stationary.
2. The provisions of this section shall not apply to:
(1) Motor vehicles operated on private property;
(2) A person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, healthcare provider, fire department, or other emergency services agency or entity;
(3) An emergency services professional using a wireless telephone while operating an authorized emergency vehicle in the course and scope of his or her duties; or
(4) A person using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(a) A commercial motor vehicle, as defined in section 301.010, RSMo, excluding pickup trucks; or
(b) A wrecker or tow truck, as defined in section 301.010, RSMo.
3. Violation of this section shall be deemed an infraction punishable by a twenty dollar fine for a first offense, and a fifty dollar fine for a second offense.
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