SF 2716

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/08/2022 10:43am

A bill for an act
relating to public safety; providing for an enhanced criminal penalty for certain
texting while driving violations; amending Minnesota Statutes 2020, section
169.475, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 169.475, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Electronic message" means a self-contained piece of digital communication that is
designed or intended to be transmitted between physical devices. An electronic message
includes, but is not limited to: e-mail; a text message; an instant message; a command or
request to access a web page; a voice mail message; a transmitted image; transmitted video
content, including through video calling; transmitted gaming data; and other data transmitted
using a commonly recognized electronic communications protocol. An electronic message
does not include: voice or audio data transmitted as a result of making a phone call; data
transmitted between a motor vehicle and a wireless communications device located in the
vehicle; data transmitted by a two-way radio, citizens band radio, or amateur radio used in
accordance with Federal Communications Commission rules and regulations; or data
transmitted automatically without direct initiation by a person.

(c) "Voice-activated or hands-free mode" means an attachment, accessory, wirelessly
paired or tethered capability, application, wireless connection, or built-in feature of a wireless
communications device or a motor vehicle that allows the person to use verbal or single
touch commands to:

(1) activate or deactivate the device; and

(2) activate or deactivate a function or software application of the device.

Voice-activated or hands-free mode does not include typing or scrolling on a device.

(d) For purposes of this section, a motor vehicle is not in motion or a part of traffic if
the vehicle is lawfully stopped, is in a location that is not designed or ordinarily used for
vehicular travel, and is not obstructing traffic.

new text begin (e) "Substantial bodily harm" has the meaning given in section 609.02, subdivision 7a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 169.475, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Violations that cause injury; enhanced penalty. new text end

new text begin (a) A person who violates
subdivision 2 where the violation results in substantial bodily harm or death to another
person is guilty of a gross misdemeanor.
new text end

new text begin (b) Nothing in this section or section 609.035 or 609.04 shall limit the power of the state
to prosecute or punish a person for conduct that constitutes any other crime under any other
law of this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end