Assigned to JUDE                                                                                               AS PASSED BY COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2109

 

distracted driving; penalties; motorcycles

Purpose

Modifies the civil penalties associated with a violation of the prohibition against using portable wireless communication and standalone electronic devices while operating a motor vehicle.

Background

Unless a motor vehicle is parked or stopped, a person may not operate the motor vehicle on a street or highway while: 1) physically holding or supporting with any part of the person's body a portable wireless communication device or stand-alone electronic device; or 2) writing, sending or reading any text-based communication, including a text message, instant message, email or internet data on a portable wireless communication device or stand-alone electronic device, unless the action is done in a hands-free manner such as by voice-based communication. A person who violates the prescribed prohibition on using a wireless communication or
stand-alone electronic device while operating a motor vehicle is subject to a civil penalty between $75 and $149 for a first violation or between $150 and $250 for a second or subsequent violation (A.R.S. § 28-914).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Modifies the civil penalties that a person is subject to for a violation of using a wireless communication or stand-alone device while operating a motor vehicle by:

a)   increasing the civil penalty for a second or subsequent violation from between $150 and $250 to $400; and

b)   subjecting a person to an additional fee of $150, if the violation results in an accident involving a motorcycle.

2.   Makes technical and conforming changes.

3.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Removes conduct in which a person watches, records or streams any video-based data on a portable wireless communication or standalone electronic device from the prohibition on using such devices while operating a motor vehicle.

2.   Removes the prohibition on a peace officer from issuing a citation for an outlined violation.

3.   Makes technical and conforming changes.

House Action                                                           Senate Action

TI                    1/28/26      DP       7-0-0-0               JUDE              3/18/26      DPA           6-0-1

3rd Read          2/24/26                  45-11-4

Prepared by Senate Research

March 20, 2026

ZD/KS/ci