Amends TCA Section 55-8-199.

Present law generally prohibits a person from doing the following, while operating a motor vehicle on a road or highway in this state: (1) Physically holding or supporting, with any part of the person's body, a wireless telecommunications device; (2) Physically holding or supporting, with any part of the person's body, a stand-alone electronic device; (3) Writing, sending, or reading text-based communication; (4) Reaching for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a safety belt; (5) Watching a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or (6) Recording or broadcasting video on a wireless telecommunications device or stand-alone electronic device. Present law provides that a violation of the above provisions is a Class C misdemeanor, subject to imposition of a fine not to exceed $50. However, if the violation is the person's third or subsequent offense, or if the violation results in an accident, then the fine is $100; or if the violation occurs in a work zone when employees of the department of transportation or construction workers are present or in a marked school zone when a warning flasher is in operation, then the fine is $200. A person violating this law is subject to the imposition of court costs not to exceed $10, including statutory fees of officers. However, in lieu of a fine imposed under this provision, a person who violates this law as a first offense may attend and complete a driver education course. This bill adds the following to the present law: (1) A second or subsequent violation by a person who is younger than 18 years of age results in seven points being charged to the person's driving record; (2) If a person is 18 years of age or older, then a first or second violation of this law results in four points being charged to the person's driving record; and (3) If a person is 18 years of age or older, then a third or subsequent violation of this law results in five points being charged to the person's driving record. ON MARCH 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND RESET SENATE BILL 589, AS AMENDED. AMENDMENT #1 changes the effective date from July 1, 2023, to January 1, 2024. ON MARCH 13, 2023, THE SENATE FURTHER CONSIDERED SENATE BILL 589, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 589, AS AMENDED. AMENDMENT #2 removes the provisions of this bill that provided the following: (1) If a person is 18 years of age or older, then a first or second violation of this law results in four points being charged to the person's driving record; and (2) If a person is 18 years of age or older, then a third or subsequent violation of this law results in five points being charged to the person's driving record.