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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1416
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
5865S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 304.822, RSMo, and to enact in lieu thereof one new section relating to the use
of electronic communication devices while driving, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 304.822, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 304.822, 2
to read as follows:3
304.822. 1. This section shall be known as the 1
"Siddens Bening Hands Free Law". 2
2. As used in this section, the following terms shall 3
mean: 4
(1) "Commercial motor vehicle", the same meaning as is 5
ascribed to such term in section 302.700; 6
(2) "Electronic communication device", a portable 7
device that is used to initiate, receive, store, or view 8
communication, information, images, or data electronically. 9
(a) Such term shall include but not be limited to: 10
cellular telephones; portable telephones; text-messaging 11
devices; personal digital assistants; pagers; broadband 12
personal communication devices; electronic devices with 13
mobile data access; computers, including but not limited to 14
tablets, laptops, notebook computers, and electronic or 15
video game systems; devices capable of transmitting, 16
retrieving, or displaying a video, movie, broadcast 17
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television image, or visual image; and any substantially 18
similar device that is used to initiate or receive 19
communication or store and review information, videos, 20
images, or data. 21
(b) Such term shall not include: radios; citizens 22
band radios; commercial two-way radio communication devices 23
or their functional equivalent; subscription-based emergency 24
communication devices; prescribed medical devices; amateur 25
or ham radio devices; or global positioning system 26
receivers, security, navigation, communication, or remote 27
diagnostics systems permanently affixed to the vehicle; 28
(3) "Highway", the same meaning as is ascribed to such 29
term in section 302.010; 30
(4) "Noncommercial motor vehicle", the same meaning as 31
is ascribed to such term in section 302.700; 32
(5) "Operating", the actual physical control of a 33
vehicle; 34
(6) "Operator", a person who is in actual physical 35
control; 36
(7) "School bus", the same meaning as is ascribed to 37
such term in section 302.700; 38
(8) "Voice-operated or hands-free feature or 39
function", a feature or function, whether internally 40
installed or externally attached or connected to an 41
electronic communication device, that allows a person to use 42
an electronic communication device without the use of either 43
hand, except to activate, deactivate, or initiate the 44
feature or function with a single touch or single swipe. 45
3. Except as otherwise provided in this section, while 46
operating a noncommercial motor vehicle or commercial motor 47
vehicle on any highway or property open to the public for 48
vehicular traffic in this state, no operator shall: 49
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(1) Physically hold or support, with any part of his 50
or her body, an electronic communication device; 51
(2) Write, send, or read any text-based communication, 52
including but not limited to a text message, instant 53
message, email, or social media interaction on an electronic 54
communication device. This subdivision shall not apply to 55
operators of a noncommercial motor vehicle using a voice- 56
operated or hands-free feature or function that converts the 57
message to be sent as a message in a written form, provided 58
that the operator does not divert his or her attention from 59
lawful operation of the vehicle; 60
(3) Make any communication on an electronic 61
communication device, including a phone call, voice message, 62
or one-way voice communication; provided however, that this 63
prohibition shall not apply to use of a voice-operated or 64
hands-free feature or function; 65
(4) Engage in any form of electronic data retrieval or 66
electronic data communication on an electronic communication 67
device; 68
(5) Manually enter letters, numbers, or symbols into 69
any website, search engine, or application on an electronic 70
communication device; 71
(6) Watch a video or movie on an electronic 72
communication device, other than watching data related to 73
the navigation of the vehicle; or 74
(7) Record, post, send, or broadcast video, including 75
a video conference, on an electronic communication device, 76
provided that this prohibition shall not apply to electronic 77
devices used for the sole purpose of continually monitoring 78
operator behavior by recording or broadcasting video within 79
or outside the vehicle. 80
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4. The operator of a school bus shall not use or 81
operate an electronic communication device while the school 82
bus is in motion unless the device is being used in a 83
similar manner as a two-way radio to allow live 84
communication between the operator and school officials or 85
public safety officials. The operator of a school bus shall 86
not use or operate an electronic communication device or a 87
two-way radio while loading or unloading passengers. 88
5. This section shall not apply to: 89
(1) Law enforcement officers or operators of emergency 90
vehicles, as such term is defined in section 304.022, who 91
are both using the electronic communication device and 92
operating the emergency vehicle in the performance of their 93
official duties; 94
(2) Operators using an electronic communication device 95
for the sole purpose of reporting an emergency situation and 96
continuing communication with emergency personnel during the 97
emergency situation; 98
(3) Operators of noncommercial motor vehicles using an 99
electronic communication device solely through a voice- 100
operated or hands-free feature or function; 101
(4) Operators of commercial motor vehicles using a 102
voice-operated or hands-free feature or function, as long as 103
the operator remains seated and is restrained by a seat belt 104
as required by law; 105
(5) Operators of commercial motor vehicles reading a 106
message displayed on a permanently installed communication 107
device designed for a commercial motor vehicle with a screen 108
that does not exceed ten inches tall by ten inches wide in 109
size; 110
(6) Operators using electronic communication devices 111
while the vehicle is lawfully stopped or parked; 112
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(7) Commercial motor vehicles that are responding to a 113
request for roadside assistance, when such response is 114
conducted by a motor club as defined in section 385.450 or a 115
towing company as defined in section 304.001; 116
(8) The use of an electronic communication device to 117
relay information between a transit or for-hire vehicle 118
operator and that operator's dispatcher, provided the device 119
is mounted or affixed to the vehicle; 120
(9) The use of an electronic communication device to 121
access or view a map for navigational purposes; 122
(10) The use of an electronic communication device to 123
access or listen to an audio broadcast or digital audio 124
recording; or 125
(11) The use of an electronic communication device to 126
relay information through a transportation network company's 127
digital network to a transportation network company driver, 128
provided the device is mounted or affixed to the vehicle. 129
6. (1) Except as otherwise provided in this 130
subsection, violation of this section shall be an 131
infraction. Penalties for violations of this section shall 132
be as provided in this subsection. Prior convictions shall 133
be pleaded and proven in the same manner as required under 134
section 558.021. 135
(2) For a conviction under this section where there is 136
no prior conviction under this section within the preceding 137
twenty-four months, the court shall impose a fine of up to 138
one hundred fifty dollars. 139
(3) For a conviction under this section where there is 140
one prior conviction under this section within the preceding 141
twenty-four months, the court shall impose a fine of up to 142
two hundred fifty dollars. 143
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(4) For a conviction under this section where there 144
are two or more prior convictions under this section in the 145
preceding twenty-four months, the court shall impose a fine 146
of up to five hundred dollars. 147
(5) For a conviction under this section where the 148
violation occurred in a work zone when workers are present, 149
as such terms are defined in section 304.580, or for a 150
conviction under this section where the violation occurred 151
in an area designated as a school zone and marked in any way 152
that would alert a reasonably prudent operator to the 153
presence of the school zone, the court shall impose a fine 154
of up to five hundred dollars. 155
(6) A violation of this section that is the proximate 156
cause of damage to property in excess of five thousand 157
dollars shall be a class D misdemeanor. 158
(7) A violation of this section that is the proximate 159
cause of serious physical injury to another person shall be 160
a class B misdemeanor. 161
(8) A violation of this section that is the proximate 162
cause of the death of another person shall be a class D 163
felony. 164
(9) A violation of this section while operating a 165
commercial motor vehicle shall be deemed a serious traffic 166
violation, as such term is defined in section 302.700, for 167
purposes of commercial driver's license disqualification 168
under section 302.755. 169
7. A law enforcement officer who stops a noncommercial 170
motor vehicle for a violation of this section shall inform 171
the operator of the operator's right to decline a search of 172
their electronic communication device. No warrant shall be 173
issued to confiscate or access an electronic communication 174
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device based on a violation of this section unless the 175
violation results in serious bodily injury or death. 176
8. A violation of this section shall not be used to 177
establish probable cause for any other violation. 178
9. The provisions of this section shall be subject to 179
the reporting requirements set forth in section 590.650. 180
10. [The state preempts the field of regulating the 181
use of electronic communication devices by the operators of 182
commercial and noncommercial motor vehicles. The provisions 183
of this section shall supercede any local laws, ordinances, 184
orders, rules, or regulations enacted by a county, 185
municipality, or other political subdivision to regulate the 186
use of electronic communication devices by the operator of a 187
commercial or noncommercial motor vehicle] The provisions of 188
this section preempt any local law, ordinance, or regulation 189
that conflicts with this section. Notwithstanding any other 190
provision of law to the contrary, political subdivisions of 191
this state shall not enact or enforce any ordinance or other 192
local law or regulation that conflicts with or is preempted 193
by this section. 194
11. Prior to January 1, 2025, a law enforcement 195
officer who stops a noncommercial motor vehicle for a 196
violation of this section shall not issue a citation for a 197
violation of this section and shall only issue a warning. 198
12. No person shall be stopped, inspected, or detained 199
solely for a violation of this section. 200
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