JEFFERSON CITY — A Senate plan to outlaw texting while driving won initial approval Tuesday after a debate over whether police should be able to pull someone over for the offense.
The original legislation would’ve made texting while driving a traffic offense, meaning law enforcement could pull over and cite a motorist for the act.
But Sen. Rick Brattin, R-Harrisonville, successfully added an amendment to make texting while driving a secondary offense, meaning police would need to pull the person over for an offense such as running a stop sign or speeding to cite them for texting while driving.
Sen. Jason Bean, R-Holcomb, set his texting-and-driving measure aside after senators added Brattin’s amendment on a narrow 16-15 vote. But senators returned to the bill later and it gave it the green light. It needs one more vote before moving to the House for consideration.
People are also reading…
During debate, Bean said Brattin’s amendment to make texting while driving a secondary offense would effectively gut the bill.
But Brattin noted the legislation still included a $150 fine for someone’s first offense within two years, and that the bill would apply to scenarios beyond texting and driving, such as when someone picks up a phone while driving down the road, Brattin said.
“If a police officer sees this and they can’t stop the person then why are we doing the bill?†Bean asked.
Brattin said if the driver is “displaying ... impairments,†the officer could still pull over the driver and cite them.
“If a police officer saw a person texting and said ... ‘they’re not distracted; there’s nothing wrong,’ and then ... 10 seconds later they hit a construction worker, they could’ve possibly stopped that, correct?†Bean said.
“In that hypothetical,†Brattin said. “I mean there are so many variables. I mean we’re not outlawing eating a cheeseburger.â€
Sen. Karla May, a ºüÀêÊÓƵ Democrat, said lawmakers didn’t want more people to be “pulled over, harassed for no apparent reason,†but at the same time wanted to prevent casualties.
Missouri and Montana are the only states not to outlaw texting and driving for all motorists. Drivers age 21 and younger in Missouri aren’t allowed to text and drive.
Bean’s legislation would forbid people from holding or supporting an “electronic communication device†while driving, with exceptions such as when they are accessing a map for navigational purposes or playing a song stored on their phone.
It would also outlaw writing, sending or reading text-based communications while driving unless used with a voice-operated, hands-free feature.
Phone calls also wouldn’t be allowed unless used with a hands-free, voice-operated feature.
Motorists also wouldn’t be allowed to participate in video conferences or record videos while driving unless the recording is for the sole purpose of monitoring operator behavior. The ºüÀêÊÓƵ Board of Aldermen last year considered a measure that would have barred its members from participating in meetings online while driving.
Exceptions contained in the legislation include one for emergency personnel performing official duties and another for individuals reporting an emergency situation to 911.
Motorists using their phones while their vehicles are “lawfully stopped or parked†also couldn’t be fined.
An amendment by Sen. Denny Hoskins, R-Warrensburg, removed points that would’ve been assessed to motorists’ driving records upon conviction and increased fines that would be charged.
A person’s first conviction within 24 months would result in a $150 fine and no points would be assessed to their record.
The legislation is .
Updated at 6:49 p.m.