For four years straight, Oklahoma legislators have failed to pass anti-texting-while-driving bills proposed before the state legislature. While 44 otherstates have passed laws intended to prevent and penalize texting while driving, Oklahoma currently remains one of only 6 states that do not have alaw specifically aimed at texting while driving as a form of distracted driving.
Among the reasons that Oklahoma has not passed such a measure so far are arguments that it would be a redundant law, since the state already has alaw against distracted driving, and that it would be too hard for law enforcement officers to actually enforce.
Now, despite those arguments, one of several proposed texting bills has advanced further. In fact, it has not only advanced, but it has become evenstronger in doing so.
Initially, House Bill 1965, sponsored by Rep. Terry O'Donnell (R), would make texting while driving a secondary offense, punishable by a $250 fine on thefirst offense and a $500 fine on the second offense. After Oklahoma Highway Patrol Trooper Nicholas Dees was killed and his partner, Trooper KeithBurch, was injured after being struck by an admittedly distracted driver, HB 1965 was amended to name the proposed anti-texting while drivinglaw the Trooper Nicholas Dees and Trooper Keith Burch Act of 2015.
We HB 1965 in February, when the bill passed through the Houseof Representatives and was sent to the state Senate for consideration. Now, the bill has passed the Senate by a vote of 38-6--but with one significantchange. It has been amended to make texting while driving a primary offense.
The amendment, sponsored by Sen. Ervin Yen (R), passed the Senate by a vote of 23-20. Because of the amendment, the bill has been sent back to the Housefor consideration.
What does it mean that texting while driving would be a primary offense? Under previous versions of the proposal, and under existing distracted drivinglaws, texting while driving or distracted driving is a secondary offense. This means that a law enforcement officer who saw a texting driver couldnot pull him or her over for that offense alone. Rather, the driver would have to be breaking other traffic laws or would have to have caused an accidentbefore being cited for texting.
Now, as a primary offense, a law enforcement officer could pull over and cite any driver he or she saw texting, regardless of whether or not the driverwas driving erratically or violating any other traffic laws. While some argue that such a bill would be too hard to enforce, you may remember thatOklahoma Highway Patrol Trooper Betsy Randolph is among law officers who say that it would be easy to spot and cite texting drivers.
If the amended bill passes the House, it will move on to Governor Mary Fallin for consideration. Governor Fallin has said that she supports a texting-while-drivingban in Oklahoma.
