CSHB 88(STA): "An Act relating to televisions, monitors, portable computers, and similar devices in motor vehicles; relating to the definition of physical injury for the Alaska Uniform Vehicle Code; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 88(STA) 01 "An Act relating to televisions, monitors, portable computers, and similar devices in 02 motor vehicles; relating to the definition of physical injury for the Alaska Uniform 03 Vehicle Code; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 the person is driving a 09 motor vehicle and 10 (1) the 11 (A) vehicle has, temporarily or permanently installed in the 12 vehicle or using power from the vehicle, a television, video monitor, portable 13 computer, or any other similar means capable of providing a visual display that 14 can be viewed by a driver in a normal driving position while the vehicle is in
01 motion; and 02 (B) monitor or visual display is operating while the person is 03 driving; or 04 (2) is watching a program or reading from the visual display on a 05 portable cellular telephone or personal data assistant. 06 (b) A person may not install or alter equipment described in (a)(1)(A) of this 07 section that allows the images to be viewed by the driver in a normal driving position 08 while the vehicle is in motion. 09 (c) Subsections (a) and (b) of this section do not apply to 10 (1) portable cellular telephones or personal data assistants being used 11 for verbal communication; 12 (2) equipment that is displaying only 13 (A) audio equipment information, functions, and controls; 14 (B) vehicle information or controls related to speed, fuel level, 15 battery charge, and other vehicle safety or equipment information; 16 (C) navigation or global positioning; 17 (D) maps; 18 (E) visual information to 19 (i) enhance or supplement the driver's view forward, 20 behind, or to the sides of the motor vehicle for the purpose of 21 maneuvering the vehicle; or 22 (ii) allow the driver to monitor vehicle occupants seated 23 behind the driver; 24 (F) vehicle dispatching and response information for motor 25 vehicles providing emergency road service or roadside assistance; 26 (G) vehicle dispatching information for passenger transport or 27 freight or package delivery; or 28 (H) information for use in performing highway construction, 29 maintenance or repair, or data acquisition by the Department of Transportation 30 and Public Facilities or a municipality. 31 (d) Subsections (a) and (b) of this section do not apply to devices and
01 equipment installed in an emergency vehicle. In this subsection, "emergency vehicle" 02 means a police, fire, or emergency medical service vehicle. 03 (e) It is an affirmative defense to a prosecution under (b) of this section that 04 the equipment installed or altered includes a device that, when the motor vehicle is 05 being driven, disables the equipment for all uses except those described in (c) of this 06 section. 07 (f) A person who violates (a) of this section is guilty of 08 (1) a class A misdemeanor, unless any of the circumstances described 09 in (2) - (4) of this subsection apply; 10 (2) a class C felony if the person's driving causes physical injury to 11 another person; 12 (3) a class B felony if the person's driving causes serious physical 13 injury to another person; 14 (4) a class A felony if the person's driving causes the death of another 15 person. 16 (g) A person who violates (b) of this section is guilty of a class A 17 misdemeanor. 18 * Sec. 2. AS 28.90.990(a) is amended by adding a new paragraph to read: 19 (29) "physical injury" has the meaning given in AS 11.81.900. 20 * Sec. 3. This Act takes effect September 1, 2007.