00 Enrolled HB 88 01 Relating to televisions, monitors, portable computers, and similar devices in motor vehicles; 02 relating to the definition of physical injury for the Alaska Uniform Vehicle Code; and 03 providing for an effective date. 04 _______________ 05 * Section 1. AS 28.35 is amended by adding a new section to read: 06 Sec. 28.35.161. Driving a motor vehicle with a screen device operating; 07 unlawful installation of television, monitor, or similar device. (a) A person 08 commits the crime of driving with a screen device operating if 09 (1) the person is driving a motor vehicle; 10 (2) the vehicle has a television, video monitor, portable computer, or 11 any other similar means capable of providing a visual display that is in full view of a 12 driver in a normal driving position while the vehicle is in motion; and 13 (3) the monitor or visual display is operating while the person is 14 driving. 01 (b) A person may not install or alter equipment described in (a)(2) of this 02 section that allows the images to be viewed by the driver in a normal driving position 03 while the vehicle is in motion. 04 (c) Subsections (a) and (b) of this section do not apply to 05 (1) portable cellular telephones or personal data assistants being used 06 for verbal communication or displaying caller identification information; 07 (2) equipment that is displaying only 08 (A) audio equipment information, functions, and controls; 09 (B) vehicle information or controls related to speed, fuel level, 10 battery charge, and other vehicle safety or equipment information; 11 (C) navigation or global positioning; 12 (D) maps; 13 (E) visual information to 14 (i) enhance or supplement the driver's view forward, 15 behind, or to the sides of the motor vehicle for the purpose of 16 maneuvering the vehicle; or 17 (ii) allow the driver to monitor vehicle occupants seated 18 behind the driver; 19 (F) vehicle dispatching and response information for motor 20 vehicles providing emergency road service or roadside assistance; 21 (G) vehicle dispatching information for passenger transport or 22 freight or package delivery; or 23 (H) information for use in performing highway construction, 24 maintenance, or repair or data acquisition by the Department of Transportation 25 and Public Facilities or a municipality. 26 (d) Subsections (a) and (b) of this section do not apply to devices and 27 equipment installed in an emergency vehicle. In this subsection, "emergency vehicle" 28 means a police, fire, or emergency medical service vehicle. 29 (e) It is an affirmative defense to a prosecution under (b) of this section that 30 the equipment installed or altered includes a device that, when the motor vehicle is 31 being driven, disables the equipment for all uses except those described in (c) of this 01 section. 02 (f) A person who violates (a) of this section is guilty of 03 (1) a class A misdemeanor, unless any of the circumstances described 04 in (2) - (4) of this subsection apply; 05 (2) a class C felony if the person's driving causes physical injury to 06 another person; 07 (3) a class B felony if the person's driving causes serious physical 08 injury to another person; 09 (4) a class A felony if the person's driving causes the death of another 10 person. 11 (g) A person who violates (b) of this section is guilty of a class A 12 misdemeanor. 13 * Sec. 2. AS 28.90.990(a) is amended by adding a new paragraph to read: 14 (30) "physical injury" has the meaning given in AS 11.81.900. 15 * Sec. 3. This Act takes effect September 1, 2008.