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25th Legislature(2007-2008)

Bill Text 25th Legislature

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.                                                                 
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