Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 57 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Section 11-901d, as amended by Section 93,
8 Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section
8 11-901d), which relates to text messaging; modifying
9 types of devices unlawful to use while operating a
9 motor vehicle; modifying amount of fine, costs, and
10 fees; directing distribution of fine, costs, and
10 fees; allowing for the use of certain technologies;
11 modifying definition; disallowing confiscation of
11 certain devices and information; making certain
12 exceptions; updating statutory language; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-901d, as
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17 amended by Section 93, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023,
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18 Section 11-901d), is amended to read as follows:
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19 Section 11-901d. A. It While a motor vehicle is in motion, it
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20 shall be unlawful for any person to operate a motor vehicle on any
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21 street or highway within this state while using:
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22 1. Using a hand-held electronic communication device or
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23 cellular telephone to manually compose, send, or read an electronic
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24 text message while the motor vehicle is in motion; or
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Req. No. 668 Page 1
1 2. Holding or using a hand-held cellular telephone.
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2 B. Any person who violates the provisions of subsection A of
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3 this section shall, upon conviction, be punished by a fine of not
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4 more than One Hundred Dollars ($100.00) Five Dollars ($5.00) and
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5 court costs and fees not more than Ninety-five Dollars ($95.00).
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6 The court clerk shall collect the fine, costs, and fees and direct
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7 distribution as follows:
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8 1. The sum of Thirty-three Dollars and seventy-two cents
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9 ($33.72) for each offense for which the defendant is convicted,
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10 regardless of whether the sentence is deferred, shall cover
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11 docketing of the case, filing of all papers, issuance of process,
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12 warrants, order, and other services to the date of judgment;
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13 2. The sum of Eight Dollars and eighty cents ($8.80) shall be
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14 assessed and credited to the District Attorneys Council Revolving
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15 Fund, created pursuant to Section 215.28 of Title 19 of the Oklahoma
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16 Statutes, to defray the cost of prosecution;
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17 3. The sum of Eleven Dollars ($11.00) shall be assessed and
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18 credited to the Oklahoma Court Information System Revolving Fund,
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19 created pursuant to Section 1315 of Title 20 of the Oklahoma
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20 Statutes;
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21 4. The sum of Four Dollars and fifty cents ($4.50) shall be
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22 assessed and credited to the Sheriff's Service Fee Account of the
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23 county in which the conviction occurred for the purpose of enhancing
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24 existing or providing additional courthouse security;
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Req. No. 668 Page 2
1 5. The sum of One Dollar and thirty cents ($1.30) shall be
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2 assessed and credited to the Office of the Attorney General Victim
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3 Services Unit;
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4 6. The sum of One Dollar and thirty cents ($1.30) shall be
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5 assessed and credited to the Child Abuse Multidisciplinary Account,
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6 created pursuant to Section 1-9-103 of Title 10A of the Oklahoma
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7 Statutes;
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8 7. The sum of Two Dollars and twenty-five cents ($2.25) shall
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9 be assessed and credited to the Sheriff's Service Fee Account of the
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10 sheriff of the county in which the arrest was made;
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11 8. The sum of Four Dollars and fifty cents ($4.50) shall be
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12 assessed and credited to the CLEET Fund, created pursuant to Section
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13 1313.2 of Title 20 of the Oklahoma Statutes;
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14 9. The sum of Four Dollars and fifty cents ($4.50) shall be
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15 assessed. Four Dollars and ten cents ($4.10) of each fine, cost,
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16 and fee received pursuant to this paragraph shall be credited to the
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17 A.F.I.S. Fund, created pursuant to Section 150.25 of Title 74 of the
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18 Oklahoma Statutes, and the remaining balance shall be deposited in
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19 the General Revenue Fund by the court clerk. The payments shall be
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20 made to the appropriate fund by the court clerk on a monthly basis
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21 as set forth by subsection I of Section 1313.2 of Title 20 of the
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22 Oklahoma Statutes;
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23 10. The sum of Four Dollars and fifty cents ($4.50) shall be
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24 assessed. Four Dollars and twenty-eight cents ($4.28) of each fee
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Req. No. 668 Page 3
1 received pursuant to this paragraph shall be collected and sent to
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2 the Oklahoma State Bureau of Investigation for deposit into the
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3 Forensic Science Improvement Revolving Fund, created pursuant to
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4 Section 150.35 of Title 74 of the Oklahoma Statutes. The remaining
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5 balance shall be retained by the court clerk;
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6 11. The sum of Nine Dollars ($9.00) shall be assessed and
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7 forwarded monthly in one check or draft to the Department of Public
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8 Safety to be deposited in the Department of Public Safety Patrol
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9 Vehicle Revolving Fund, created pursuant to Section 2-143 of this
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10 title;
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11 12. Pursuant to subsection C of Section 220 of Title 19 of the
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12 Oklahoma Statutes, the court clerk shall assess an administrative
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13 fee of ten percent (10%) on fines, costs, and fees assessed in
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14 paragraphs 2, 4, 5, 6, 8, 9, 10, and 11 of this subsection which
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15 shall be deposited in the Court Clerk's Revolving Fund; and
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16 13. Pursuant to subsection D of Section 220 of Title 19 of the
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17 Oklahoma Statutes, the court clerk shall assess an administrative
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18 fee of fifteen percent (15%) on fines, costs, and fees assessed in
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19 paragraphs 2, 4, 5, 6, 8, 9, 10, and 11 of this subsection which
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20 shall be deposited in the District Court Revolving Fund.
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21 C. The Department of Public Safety shall not record or assess
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22 points for violations of this section on any license holder's
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23 traffic record maintained by Service Oklahoma.
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1 D. The provisions of subsection A of this section shall not
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2 apply if the person is using the a cellular telephone or electronic
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3 communication device for:
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4 1. In conjunction with hands-free or voice-operated technology;
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5 or
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6 2. For the sole purpose of communicating with any of the
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7 following regarding an imminent emergency situation:
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8 1. An
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9 a. an emergency response operator;,
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10 2. A
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11 b. a hospital, physician's office, or health clinic;,
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12 3. A
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13 c. a provider of ambulance services;,
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14 4. A
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15 d. a provider of firefighting services;, or
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16 5. A
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17 e. a law enforcement agency.
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18 E. Municipalities may enact and municipal police officers may
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19 enforce ordinances prohibiting and penalizing conduct under the
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20 provisions of this section. The provisions of such ordinances shall
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21 be the same as provided for in this section; the enforcement
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22 provisions of those ordinances shall not be more stringent than
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23 those of this section; and the fine and court costs for municipal
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1 ordinance violations shall be the same or a lesser amount as
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2 provided for in this section.
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3 F. For the purpose of this section:
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4 1. "Cellular telephone" means an analog or digital wireless
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5 telephone authorized by the Federal Communications Commission to
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6 operate in the frequency bandwidth reserved for cellular telephones;
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7 2. "Compose", "send", or "read" with respect to a text message
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8 means the manual entry, sending, or retrieval of a text message to
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9 communicate with any person or device;
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10 3. "Electronic communication device" means an electronic device
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11 that permits the user to manually transmit a communication of
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12 written text by means other than through an oral transfer or wire
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13 communication. This term does not include:
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14 a. a device that is physically or electronically
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15 integrated into a motor vehicle,
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16 b. a voice-operated global positioning or navigation
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17 system that is affixed to a motor vehicle,
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18 c. a hands-free or voice-operated device that allows the
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19 user to write, send, or read a text message without
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20 the use of either hand except to activate, deactivate,
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21 or initiate a feature or function, or
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22 d. an ignition interlock device that has been installed
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23 on a motor vehicle, or
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24 e. amateur radio use or operation; and
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1 4. "Text message" includes a text-based message, instant
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2 message, electronic message, photo, video, or electronic mail.
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3 G. A law enforcement officer shall not, without the consent of
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4 the person:
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5 1. Confiscate a cellular telephone or electronic communication
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6 device for the purpose of determining compliance with this section;
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7 2. Confiscate a cellular telephone or electronic communication
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8 device and retain it as evidence pending trial for a violation of
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9 this section; or
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10 3. Extract or otherwise download information from a cellular
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11 telephone or electronic communication device for a violation of this
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12 section unless:
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13 a. the law enforcement officer has probable cause to
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14 believe that the cellular telephone or electronic
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15 communication device has been used in the commission
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16 of a crime,
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17 b. the information is extracted or otherwise downloaded
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18 under a valid search warrant, or
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19 c. otherwise authorized by law.
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20 SECTION 2. This act shall become effective November 1, 2026.
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22 60-1-668 CN 1/19/2025 5:38:56 AM
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Req. No. 668 Page 7Every fact on this page links to its source, starting with the official bill record.