Texting and other smart phone activities which require finger presses by the driver of a moving vehicle -- including, but not limited to automobiles, trucks, busses, recreational vehicles, motorcycles, mopeds, trains, tricycles, bicycles, unicycles, and all terrain vehicles -- traveling on any road which was financed even partially via federal funds shall be illegal. It shall not matter if the smart phone activity was accomplished in a hands-on or hands-free manner. The penalty for this behavior shall be equivalent to the existing one for driving under the influence of alcohol.
All law enforcement officers -- federal, state, and local -- shall be allowed to stop, detain, investigate, and issue citations for any driver suspected of texting and other smart phone activities which require finger presses. Law enforcement officers shall be allowed to do so after witnessing erratic behavior, receiving notice of erratic behavior via official channels, or witnessing a driver using a hand-held device, or if they are in the process of investigating a traffic offense.
All motor vehicles built after the passage of this statute -- including, but not limited to automobiles, trucks, busses, recreational vehicles, motorcycles, mopeds, trains, and all terrain vehicles -- shall be required to disable texting and other smart phone activities which require finger presses via onboard and connected phones while the vehicle is in motion.
Suppliers of wireless services for smart phones, cell phones, disposable cell phones, tablets, PCs, and all other computers capable of texting and other smart phone activities which require finger presses shall be required to establish and maintain a communal telephone inquiry service for law enforcement officers, making it possible for them to inquire if a particular user was texting in a specific timeframe, with the call being toll-free. If a user is illegally using a wireless service, with the service being unable to positively identify the user, the law enforcement officer shall be allowed to detain the user and confiscate the phone until positive identification is established.
This statute shall take effect on the day after its passage.
If any provision of this statute is declared unconstitutional, the remainder shall remain in effect.