Section 1.  Section 13B of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking subsection (a) and inserting in place thereof:-- 

a.No operator of a motor vehicle shall use a mobile electronic device or a mobile telephone, unless said telephone is a hands-free mobile telephone.  For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel.  It shall be an affirmative defense for an operator to produce evidence that the use of a mobile electronic device or a mobile telephone that is the basis of the alleged violation was for emergency purposes. For the purpose of this section, an emergency shall mean that the operator used the mobile telephone or mobile electronic device to communicate with another to report any of the following: (i) that the motor vehicle was disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire department or other emergency service was necessary for the personal safety of the operator or a passenger; or (iv) that a disabled vehicle or an accident was present in the public way.

Section 2.  Section 13B of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby further amended by inserting at the end of Section 13B a new subsection:--

d.  A fine , as established in subsection b of this section shall be suspended for a first offense if the operator provides proof of acquisition of a hands-free accessory subsequent to the violation but prior to the imposition of a fine.