§32-26-46. Definitions regarding electronic wireless communication devices. Terms used in §§ 32-26-47 and 32-26-48 mean:
(1) “Electronic wireless communication device,” a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;
(2) “Voice operated or hands free technology,” technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and
(3) “Write, send, or read a text-based communication,” using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.
§32-26-47. Use of handheld electronic wireless communication device for text-based communication on highway prohibited–Exceptions–Violation as petty offense. No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication. This section does not apply to a person who is using a handheld electronic wireless communication device:
(1) While the vehicle is lawfully parked;
(2) To contact any emergency public safety answering point or dispatch center;
(3) To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or
(4) When using voice operated or hands free technology.
State or local law enforcement agencies shall enforce this section as a secondary action. A violation of this section is a petty offense with a fine of one hundred dollars.
§32-26-48. Seizure of handheld electronic wireless communication device. No handheld electronic wireless communication device used in violation of § 32-26-47 may be seized by a law enforcement officer to establish a violation of § 32-26-47. However, a handheld electronic wireless communication device may be seized upon compliance with the search and seizure requirements in chapter 23A-35.
§32-26-49. Distracted drivers public awareness campaign. The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign.