2009 House Bill 4394 / 2010 Public Act 60

Ban texting while driving

Introduced in the House

Feb. 24, 2009

Introduced by Rep. Lee Gonzales (D-49)

To prohibit driving while using a two-way electronic device including a cell phone to send text messages. The violation would be a “secondary” one, meaning that a driver could not be stopped just for this, but if stopped for some other violation this one could be tacked on.

Referred to the Committee on Transportation

Oct. 22, 2009

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Dec. 8, 2009

Substitute offered

To replace the previous version of the bill with one that revises various details, but does not change its substance. This version was subsequently superseded by another substitute with more minor changes.

The substitute failed by voice vote

Substitute offered by Rep. Andrew Kandrevas (D-13)

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the House 94 to 13 (details)

Received in the Senate

Dec. 9, 2009

Referred to the Committee on Transportation

Feb. 24, 2010

Reported without amendment

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

March 18, 2010

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

March 25, 2010

Amendment offered by Sen. Jud Gilbert (R-25)

To make the proposed violation a "primary offense," meaning that a driver could be stopped just for this.

The amendment passed by voice vote

Passed in the Senate 28 to 10 (details)

To prohibit driving while using a two-way electronic device including a cell phone to send text messages. The violation would be a “primary” one, meaning that a driver could be pulled over and stopped just for this.

Received in the House

March 25, 2010

April 20, 2010

Amendment offered by Rep. Ken Horn (R-94)

To revert the bill to the original House-passed version, which makes "texting while driving" a secondary offence (a driver cannot get pulled over just for this).

The amendment failed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

To define texting as "entering or sending not more than 10 characters," which would clarify that a person can't be ticketed for dialing a phone number.

The amendment failed by voice vote

Amendment offered by Rep. Justin Amash (R-72)

To prohibit law enforcement agencies from obtaining a person's phone records to use as evidence in a "texting while driving" prosecution.

The amendment failed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

To revert the bill to the original House-passed version, which makes "texting while driving" a secondary offence (a driver cannot get pulled over just for this).

The amendment failed by voice vote

Passed in the House 74 to 33 (details)

To concur with the Senate-passed version of the bill, which makes "texting while driving" a primary offence (a driver can get pulled over just for this).

Signed by Gov. Jennifer Granholm

April 30, 2010