I 

111TH CONGRESS 

2D SESSION H. R. 5097 

To amend title 23, United States Code, to reduce the amount of funding 

available to States that do not enact a law prohibiting an individual 

from using a wireless communication device while operating a motor 

vehicle in a school zone, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2010 

Ms. MARKEY of Colorado introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, to reduce the amount 

of funding available to States that do not enact a law 

prohibiting an individual from using a wireless communication device while operating a motor vehicle in a 

school zone, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Erica’s Law’’. 


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1 SEC. 2. WIRELESS COMMUNICATION DEVICE USE WHILE 

2 OPERATING A MOTOR VEHICLE IN A SCHOOL 

3 ZONE. 

4 (a) IN GENERAL.—Chapter 1 of title 23, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 167. Wireless communication device use while op8 erating a motor vehicle in a school zone 

9 ‘‘(a) WITHHOLDING APPORTIONMENTS.—On October 

10 1 of the second fiscal year beginning after the date of the 

11 issuance of regulations under subsection (d) and October 

12 1 of each fiscal year thereafter, if the Secretary deter13 mines that a State does not meet the requirement under 

14 subsection (b), the Secretary shall withhold 15 percent of 

15 the amount required to be apportioned to the State under 

16 each of paragraphs (1), (3), and (4) of section 104(b) for 

17 the fiscal year. 

18 ‘‘(b) REQUIREMENT.— 

19 ‘‘(1) IN GENERAL.—A State meets the require20 ment under this subsection if the State has enacted 

21 and is enforcing a law that— 

22 ‘‘(A) prohibits an individual from operating 

23 a motor vehicle in a school zone in the State 

24 while the individual is using a wireless commu25 nication device to engage in a call or to com26 pose, read, or send an electronic message; and 


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1 ‘‘(B) requires, upon conviction of a viola2 tion of the prohibition under subparagraph (A), 

3 the imposition of penalties in accordance with 

4 the requirements for minimum penalties de5 scribed in the regulations issued under sub6 section (d). 

7 ‘‘(2) EXCEPTIONS.—Paragraph (1)(A) does not 

8 apply if a wireless communication device is used— 

9 ‘‘(A) for obtaining emergency assistance 

10 to— 

11 ‘‘(i) report a traffic accident, medical 

12 emergency, or serious traffic hazard; or 

13 ‘‘(ii) prevent a crime about to be com14 mitted; 

15 ‘‘(B) in the reasonable belief that an indi16 vidual’s life or safety is in immediate danger; 

17 ‘‘(C) in an authorized emergency vehicle 

18 while in the performance of official duties; 

19 ‘‘(D) when a motor vehicle is stopped and 

20 the driver has the motor vehicle transmission in 

21 neutral or park; and 

22 ‘‘(E) in other circumstances, as identified 

23 by the Secretary by regulation, in which use of 

24 a wireless communication device does not ad25 versely affect safety. 


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1 ‘‘(c) RECOVERY OF FUNDS WITHHELD.—If, within 

2 4 years from the date that an apportionment for a State 

3 is withheld in accordance with this section, the Secretary 

4 determines that the State meets the requirement under 

5 subsection (b), the apportionment of the State shall be in6 creased by an amount equal to the amount withheld. If, 

7 at the end of such 4-year period, a State does not meet 

8 the requirement under subsection (b) any amounts so 

9 withheld from the State shall lapse. 

10 ‘‘(d) REGULATIONS.—Not later than 180 days after 

11 the date of enactment of this section, the Secretary shall 

12 issue regulations to carry out this section, including re13 quirements for minimum penalties for violations of the 

14 prohibition under subsection (b)(1)(A) that— 

15 ‘‘(1) specify a minimum penalty for a first of16 fense; and 

17 ‘‘(2) stipulate that penalties shall be graduated 

18 for repeated offenses. 

19 ‘‘(e) DEFINITIONS.—In this section, the following 

20 definitions apply: 

21 ‘‘(1) ELECTRONIC MESSAGE.— 

22 ‘‘(A) IN GENERAL.—The term ‘electronic 

23 message’ means a self-contained piece of digital 

24 communication that is designed or intended to 

25 be transmitted between physical devices. 


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1 ‘‘(B) INCLUSIONS.—The term ‘electronic 

2 message’ includes an email, a text message, an 

3 instant message, a command or request to ac4 cess a World Wide Web page, or other data 

5 that uses a commonly recognized electronic 

6 communications protocol. The term does not in7 clude data transmitted automatically by a wire8 less communication device without direct initi9 ation by an individual. 

10 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi11 cle’ has the same meaning given the term in section 

12 154(a). 

13 ‘‘(3) SCHOOL ZONE.— 

14 ‘‘(A) IN GENERAL.—The term ‘school 

15 zone’ means— 

16 ‘‘(i) in or on the grounds of a public, 

17 parochial, or private school; or 

18 ‘‘(ii) within a distance of 1,000 feet 

19 from the grounds of a public, parochial, or 

20 private school. 

21 ‘‘(B) STATE DEFINITIONS.—With respect 

22 to a State, the Secretary may substitute, for the 

23 definition under subparagraph (A), a definition 

24 of the term ‘school zone’ established by the 


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1 State if the Secretary determines that such sub2 stitution is appropriate. 

3 ‘‘(4) WIRELESS COMMUNICATION DEVICE.— 

4 ‘‘(A) IN GENERAL.—The term ‘wireless 

5 communication device’ means a mobile tele6 phone or other portable electronic device with 

7 which a user may engage in a call or compose, 

8 send, or read an electronic message. 

9 ‘‘(B) EXCLUSION.—The term does not in10 clude a device that is permanently affixed to the 

11 motor vehicle, including a global positioning 

12 system or navigation system.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for such 

14 chapter is amended by adding at the end the following: 

‘‘167. Wireless communication device use while operating a motor vehicle in a 

school zone.’’. 

Æ 


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