SECTION 2. Said chapter 90, as so appearing in the 2006 Official Edition, is hereby further amended by inserting after section 13A the following section:—
Section 13B. Except as provided in Section 13 of this chapter, a person operating a moving motor vehicle who, by means of a mobile telephone or an electronic wireless communications device, other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a secondary motor vehicle violation. As used in this Section, a mobile telephone means an electronic wireless device that has an internal feature or function for wireless communications that shall include, but is not limited to talking or listening to another person on the telephone, text messaging, or sending an electronic or text message to another mobile wireless telephone or other electronic communication devices.
Enforcement of the provisions of this section prohibiting text messaging or sending, reading, writing, and responding to an electronic message via a mobile telephone or other electronic communication device during the operation of a motor vehicle by State or local law enforcement officers shall be enforced as a secondary motor vehicle offense.
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