INDIANAPOLIS – Hoosiers who text while driving lost one legislative battle Tuesday when the House voted 95-3 to outlaw the practice.
But they still might win the war because a key committee chairman in the Senate said he won’t give the legislation a hearing in that chamber, which would ultimately kill the bill.
"It’s silly and nonsensical," said Sen. Brent Steele, R-Bedford, chairman of the Senate Corrections, Criminal and Civil Matters Committee.
He also declined earlier this session to hear a bill with similar provisions filed by colleagues in the Senate.
Rep. Joe Pearson, D-Hartford City, carried House Bill 1279 and told members of that chamber that texting while driving is just as dangerous as driving drunk.
Specifically, it reduces steering control by 91 percent. It also consists of three distractions – visual for taking your eyes off the road, manual for taking your hands off the wheel and cognitive for reducing your concentration.
"It’s a very lethal combination," Pearson said.
Nineteen other states have texting bans.
But one House member pointed out the bill applies only to sending a text – not receiving and reading one.
Others said it is impossible for police to enforce because they won’t be able to tell whether a person is dialing a number or sending a text.
Rep. Mike Murphy, R-Indianapolis, called it a "feel-good" bill with no real effect.
"In all the years we’ve been here we consistently try to do two things – legislate morality and outlaw stupidity," he said. "Stupid people are still stupid. The only reason we are passing this bill is there is no organized opposition to it."
But Rep. Trent Van Haaften, D-Mount Vernon, reminded the House that there are people who want the bill passed.
Van Haaften specifically referred to an Indianapolis mother and daughter who testified in committee about losing their husband and father because of another driver texting instead of paying attention.
"It’s real," he said. "I encourage you to pass this not because we are trying to intrude on anyone’s personal right but trying to say collectively how we should behave."
But Steele said it’s unenforceable unless police confiscate the phone to check for recent texts.
"We don’t live in a police state," he said.
Steele said the state should use an education campaign to warn Hoosiers about the dangers of the practice and not rely on criminal statutes.
All area representatives supported the bill except Rep. David Wolkins, R-Winona Lake.
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