View Amendment Current Amendment: JUD0459.009.DOCX to Bill 459 Senator HEMBREE proposed the following amendment (JUD0459.009)    

Amend the Committee Report, as and if amended, page [459-4], by striking lines 13-31, and inserting:

/     (E)     A law enforcement officer shall not:
        (1)     stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using a wireless electronic communication device while operating a motor vehicle on the public streets and highways of this State or when the officer has probable cause that a violation has occurred based on a person's admission that the person was using a wireless electronic communication device while operating a motor vehicle on the public streets and highways of this State;
        (2)     search, seize, or require the forfeiture of a wireless electronic communication device because of a violation of this section;
        (3)     initiate a search or request to search a motor vehicle, driver, or passenger in a motor vehicle based solely on a violation of this section. However, nothing in this item must be construed as prohibiting a search or request to search a motor vehicle, driver, or passenger in a motor vehicle based upon evidence unrelated to a violation of this section; or
        (4)     make a custodial arrest for a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.     /
   
    Renumber sections to conform.
    Amend title to conform.