Texting while driving penalty could be akin to DUI

A bill making the penalty for text messaging while driving similar to that of driving under the influence of alcohol or drugs is headed to the state Senate.

The Senate Transportation and Public Utilities Technology Committee on Friday unanimously approved SB149, one of a handful of bills proposing restrictions on use of cell phones and other wireless communication devices such as personal digital assistants.

"If you're texting while driving, I've made it equivalent to a DUI," said bill sponsor Sen. Lyle Hillyard, R-Logan. "I have nothing in here about (talking on) cell phones. Using cell phones, that's a whole different issue. I'm talking about driving a car and texting with their mind and hands."

The first offense for texting while driving, according to the bill, is a class B or class A misdemeanor. If texters inflict bodily injury in an accident, they can be convicted of a class A misdemeanor or a third-degree felony. Texters also face a third-degree felony charge if they have two prior texting convictions within the past 10 years or if an accident while texting results in a death.

Committee member Sen. David Hinkins, R-Orangeville, was concerned about other activities on the cell phone that could be mistaken for texting, such as scrolling through lists of contacts. "I'm guilty of that sometimes," he said.

Hillyard said that the bill would not affect such activities. He also told the Utah Food Industry Association that people who pull over to text will not be convicted under his bill.

Jim Olsen, of the food association, said that under DUI laws, drivers can be convicted if their keys are in the ignition, even if they're vehicles are on the side of the road.

Other bills at the Legislature punish not only texting but talking on a cell phone, too.

Rep. Phil Riesen, D-Salt Lake City, is sponsoring HB95, which makes using a cell phone, personal digital assistant, pager or other text messaging device while driving a class C misdemeanor.

Rep. Paul Ray, R-Clinton, is sponsoring HB281, which makes it in infraction for anyone under age 18 to use wireless devices behind the wheel. Adults would also get an infraction if using them without a hands-free device in a reduced speed school zone or public parking lot.

House Bill 248, sponsored by Rep. Carol Spackman Moss, D-Holladay, would make it a class C misdemeanor to use a cell or wireless communication device without a hands-free device.

E-MAIL: lhancock@desnews.com