HOUSE DOCKET, NO. 1790        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3474

The Commonwealth of Massachusetts

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PRESENTED BY:

Cory Atkins

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring the hands-free use of mobile telephones while driving.

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PETITION OF:

HOUSE DOCKET, NO. 1790        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3474

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act requiring the hands-free use of mobile telephones while driving.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 22C of the General Laws is hereby amended by adding the following section:-

Section 71.  There shall be established and set upon the books of the commonwealth a separate fund to be known as the Police Training Trust Fund. The fund shall be credited with all revenues collected from the fines received under paragraph (2) of subsection (d) of section 3 of chapter 90 and any monies credited to or transferred to the fund from any other fund or source.  The fund shall be administered by the colonel and shall be used to supplement the costs associated with training state police officers as required by this chapter and other general and special law.

SECTION 2. Section 13 of chapter 90 of the General Laws, as appearing the 2012 Official Edition, is hereby amended inserting after the word “or”, in line 6, the following words:- hands-free.

SECTION 3. Section 13B of said chapter 90, as so appearing, is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following 4 subsections:-

(b) Except in the case of an emergency, no operator of a motor vehicle shall use a mobile telephone or mobile electronic device for voice communications, unless said telephone or device is being used as a hands-free mobile telephone. For the purposes of this paragraph, an emergency shall mean that the operator needed to communicate with another to report any of the following: (1) that the motor vehicle is disabled; (2) that medical attention or assistance is required; (3) that police, fire, or other emergency services are necessary for the safety of a passenger or to otherwise ensure the safety of the public; or (4) that a disabled motor vehicle or an accident has occurred on a roadway.

(c) A violation of subsection (a) shall be shall be punishable by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense.

(d) A violation of subsection (b) shall be punishable by a fine of $500 for a first offense, by a fine of $1000 for a second offense and by a fine of $1500 for a third or subsequent offense. Such fines shall be paid as follows:-

(1) Where the fine resulted from action by a municipal police officer, the amount of the fine shall be paid to the municipality in which the violation occurred; and

(2) Where the fine resulted from action by a state police officer or special state police officer, the amount of the fine shall be paid to the Police Training Trust Fund established pursuant to section 71 of chapter 22C.

(e) A penalty under this section shall not be a surchargeable offense under section 113B of chapter 175.