SENATE BILL 17

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Peter Wirth

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO MOTOR VEHICLES; PROHIBITING TEXTING WHILE DRIVING; PROVIDING EXCEPTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] TEXTING WHILE DRIVING.--

          A. A person shall not read, view, type or send a text message on a mobile communication device while driving a motor vehicle, except:

                (1) to summon medical or other emergency help; or

                (2) in the operation of an authorized law enforcement or emergency vehicle as required by the driver's official duties.

          B. As used in this section:

                (1) "driving" means being in actual physical control of a motor vehicle on a highway or street, but "driving" does not include being safely stopped;

                (2) "mobile communication device" means a wireless communication device that is designed to receive and transmit text or image messages, but "mobile communication device" does not include a global positioning or navigation system; and

                (3) "text message" means a digital communication transmitted or intended to be transmitted to a communication device and includes electronic mail, an instant message, a text or image communication or any command or request to an internet site."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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