ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: TI DP 7-0-0-0 | Third Read 45-11-4-0

Senate: JUDE DPA 6-0-1-0 | Third Read 22-6-2-0

Final Read: 46-10-4-0

Chapter: 81

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB2109: distracted driving; penalties; motorcycles

Sponsor: Representative Martinez, LD 16

Signed by the Governor

Overview

Modifies distracted driving fines by increasing the civil penalty, from between $150 to $250 to $400, for a second or subsequent violation of the prohibition of using portable wireless communication devices while driving. Adds a $150 penalty if the violation results in an accident with a motorcycle.

History

A person may not operate a motor vehicle on a street or highway if the person physically: 1) holds or supports with any part of the person's body a portable wireless communication device (portable device), except that a person may use a portable device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication or a stand-alone electronic device; or 2) writes, sends or reads any text-based communication, including a text message, instant message, email or internet data, on a portable device or stand-alone electronic device.

Beginning January 1, 2021, a person who violates rules on portable devices while driving is subject to a civil penalty of at least $75 but not more than $149 for a first violation and at least $150 but not more than $250 for a second or subsequent violation.

Portable wireless communication device is defined as a cellular or  a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device used to initiate or receive communication, information or data (A.R.S. § 28-914).

Provisions

1.   Increases the civil penalty, from between $150 to $250, to $400, for a second or subsequent violation of the prohibition of using portable devices while driving. (Sec. 1)

2.   Creates an additional penalty of $150 if a violation results in an accident with a motorcycle. (Sec. 1)

3.   Eliminates the restriction on a peace officer from issuing a citation related to distracted driving. (Sec. 1)

4.   Makes technical and conforming changes. (Sec. 1)

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8.   Initials LM                       HB 2109

9.   4/6/2026    Page 0 Signed by the Governor

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