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SS/SCS/SBs 56 & 61 - This act repeals the current prohibitions against operation of motor vehicles while using hand-held electronic wireless communications devices, as defined by law, and enacts different prohibitions in lieu thereof. The act creates the "Siddens Bening Hands Free Law", which prohibits a number of uses of electronic communication devices while operating motor vehicles, as detailed in the act, as well as provides exceptions. The act specifies penalties for violations of the act, including enhanced penalties for repeat offenders, violations occurring in a work zone when workers are present, violations occurring in a school zone, and violations that are the proximate cause of property damage, personal injury, or death. Law enforcement officers who stop a noncommercial motor vehicle for a violation of the act shall inform the operator of the operator's right to decline a search of their device, and shall not access the device without a warrant or confiscate the device while awaiting issuance of a warrant. Violations of this act shall not be used to establish probable cause for any other violation, and the provisions of the act shall be subject to racial bias reporting as required by law. This act preempts local regulation of the use of electronic communication devices by the operators of vehicles. Prior to January 1, 2025, a law enforcement officer who stops a noncommercial motor vehicle for a violation of the act shall not issue a citation for the violation, and shall only issue a warning. This act is similar to SB 972 (2022), SCS/SB 713 (2022), HB 1487 (2022), HB 1571 (2022), HB 1701 (2022), HB 2229 (2022), HB 2243 (2022), HB 2279 (2022), HB 2449 (2022), HB 853 (2021), HB 1076 (2021), HB 110 (2021), HB 241 (2021), HB 258 (2021), HB 798 (2021), contains provisions similar to HB 73 (2021) and HB 103 (2021), and is similar to SB 532 (2020), HB 1474 (2020), HB 1531 (2020), HB 1879 (2020), HB 1265 (2020), HB 1290 (2020), HB 1633 (2020), and HB 1674 (2020). ERIC VANDER WEERD
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