H-0919.1  _______________________________________________

                          HOUSE BILL 1334

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Miloscia, Wood, Lantz, Keiser and Santos

Read first time 01/24/2001.  Referred to Committee on Judiciary.

Penalizing the use of a wireless service while driving when the use causes injury.

    AN ACT Relating to using a personal wireless phone while driving; adding a new section to chapter 46.61 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

    (1) Any person who is found to be the proximate cause of injury or damage to another while simultaneously operating a moving vehicle and using a personal wireless service as defined in RCW 80.36.375 may be subject to a fee of thirty-five dollars per infraction.  However, this section does not apply if:

    (a) The personal wireless service was used for making an emergency call; or

    (b) The personal wireless service was being operated in hands-free mode.

    (2) For the purposes of this section, "hands-free mode" means the use of a wireless phone with a speaker phone, headset, or earpiece.

NEW SECTION. Sec. 2.  Section 1 of this act takes effect January 1, 2002.

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