Law could ban texting while driving

Bloomington Police Department Capt. Joe Qualters has seen drivers crash from seemingly the smallest of distractions - texting, changing the radio, even a woman who crashed into a light pole after she sneezed. Qualters and other law enforcement officials could soon be on the lookout for some distracted drivers after the proposal of a statewide anti-texting bill.

Sen. Timothy Lanane, D-Anderson, proposed the bill to the General Assembly that, if passed, will place heavy fines on drivers caught cell phone texting, although no hearings have yet been set.

Anti-texting laws have received some criticism around the nation for being simply unenforceable, but the key issue is any type of distracted driving, said Jerry Minger, IU Police Department’s interim chief of police.

“Before texting was even thought about, people weren’t watching where they were going,” Minger said. “Texting is just one more aspect of it.”

While texting at the wheel is currently not illegal, actions caused by texting can be enough to be pulled over by police and cited for a traffic violation.

“I’ve seen it personally where someone is swerving and that in itself would warrant a police officer to stop someone,” Qualters said.

If Lanane’s bill or two other bills that have recently been introduced to the General Assembly become law, Hoosiers won’t be allowed to text while driving.

Lanane’s bill, which would be the first in the state to limit any type of cell phone use for all ages, would also impose on Hoosiers some of the strictest texting-while-driving laws in the nation.

If the bill is passed as a law, anyone found guilty of texting behind the wheel could face Class C misdemeanor charges and a maximum fine of $500 and/or 60 days in jail. Repeat offenders could face Class A misdemeanor charges and fines up to $5,000 and/or one year in jail.

Incidents that cause injury or death could result in Class D, C or B felony charges, depending on the number of habitual offenses. Jail time for felony crimes ranges from a minimum of six months for a Class D felony to a maximum of 20 years for a Class B felony.

“I think we need to send a strong message,” Lanane said. “It’s not going to be a slap on the hand or some civil penalty. It needs to be treated seriously.”

Lanane’s bill would be on par with Utah’s recently passed texting-while-driving law that can put someone behind bars for up to 15 years for a texting-related accident that leads to death. Utah’s law is considered one of the most stringent anti-texting laws in the country.

The two other bills introduced for this year’s General Assembly “short session” take a much softer stance on the issue.

In the other Senate bill on the matter, Sen. Travis Holdman, R-Markle, has proposed that those found guilty of texting behind the wheel face fines up to $500 for all occurrences.

A similar bill, introduced to the House of Representatives by Rep. Win Moses, D–Ft. Wayne, would also only find violators guilty of traffic infractions caused while texting. Fines under Moses’ proposal would be $25 for offenses and could range up to $1,000 if the act leads to an accident.

Moses said the bill could be strengthened to enforce tougher penalties if legislators find it necessary.

“This is clearly a dangerous circumstance,” Moses said. “It’s time to do something about this.”

No timetable has been set for when any of the bills will receive a final vote, but the General Assembly must adjourn by March 14.

If any of the bills are passed, they would take effect July 1.