1. (a) A person may not use a telecommunications device to:

   1. (1) type a text message or an electronic mail message;
   2. (2) transmit a text message or an electronic mail message; or

   3. (3) read a text message or an electronic mail message;

      while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.

2. (b) A police officer may not, without the consent of the person:

   1. (1) confiscate a telecommunications device for the purpose of determining compliance with this section;
   2. (2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or

   3. (3) extract or otherwise download information from a telecommunications device for a violation of this section unless:

      1. (A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime;
      2. (B) the information is extracted or otherwise downloaded under a valid search warrant; or
      3. (C) otherwise authorized by law.

As added by P.L.185-2011, SEC.4. Amended by P.L.191-2014, SEC.1.