Sec. 59 . (a) A person may not use a telecommunications device to:
(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.
(b) A police officer may not, without the consent of the person:
(1) confiscate a telecommunications device for the purpose of determining compliance with this section;
(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or
(3) extract or otherwise download information from a telecommunications device for a violation of this section unless:
(A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime;
(B) the information is extracted or otherwise downloaded under a valid search warrant; or
(C) otherwise authorized by law.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.