Bill would reduce penalty for texting while driving

JUNEAU — The Senate Judiciary Committee examined legislation Monday aimed at boosting enforcement of Alaska’s ban on texting while driving.

It would reduce the penalty for driving while texting without causing an injury from a misdemeanor to a violation, making it possible for officers to issue citations to distracted drivers. Stiffer penalties would remain in cases involving injury or death.

Lt. David Hanson, a spokesman with the Alaska Bureau of Highway Patrol, has testified that troopers are less likely to charge someone under current law requiring proof that a driver is distracted by a screen device. Hanson said it can be difficult for a trooper to document a driver using a mobile device. Under the current law, roughly one person per month was charged with violating the law from 2012 to 2015, he said.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Lawmakers questioned the search and seizure implications of traffic stops during which drivers are accused of texting or operating a mobile device illegally.

Sen. Peter Micciche, R-Soldotna, said some drivers choose to pull over on the side of the road and respond to messages.

“What happens in that case if there were, even, an accident that was not your own fault?” Micciche said. “Is there an easy way for them to prove that your vehicle had stopped?”

If a driver voluntarily turned a phone over to be searched, it could be easier to determine when texting had occurred. However, officers would have to apply for a warrant in situations when the phone was not voluntarily turned over.

The director of the state’s Office of Public Advocacy, Rick Allen, said there would be no incentive for a driver to voluntarily give a phone over to be searched by police. Further, he said, it is unlikely that law enforcement would take the time to seize and search a cellphone in a traffic stop situation when the drive had not caused serious physical injury or death as a result of texting while driving.

Sen. Lesil McGuire, R-Anchorage, said that while she supported the idea behind the bill, she hopes future lawmakers would revisit it to make sure it was being used appropriately.

“With every tool that you give law enforcement, there’s always the potential for abuse,” she said. “That abuse can come in the form of search and seizure and an improper stop to sort of ascertain more than what the state reason is. I would hate to see Alaskans’ individual privacy rights abused.”

According to the National Conference of State Legislatures, 46 states ban texting while driving.

The bill is sponsored by Senate President Kevin Meyer, R-Anchorage.

More in News

Children leap forward to grab candy during a Fourth of July parade on South Willow Street in Kenai, Alaska, on July 4, 2025. (Photo courtesy Sarah Every)
Celebrating the 4th in the streets

Kenai comes out for annual Independence Day parade.

Fire crews respond to the Bruce Fire, July 4, 2025, in Soldotna, Alaska. (Alaska Division of Forestry)
Firefighting crews respond to wildfire outside Soldotna

The 8-acre fire and two “spot fires” of less than one acre each are located near Mile 102 and 103 of the Sterling Highway.

Robert Weaver was last seen at the Doroshin Bay public use cabin on June 25, 2025. (Photo provided by the Kenai National Wildlife Refuge)
Kenai wildlife refuge seeking information on missing man

Robert Weaver was last seen near Skilak Lake on June 25.

The Alaska Dive Search Rescue and Recovery Team conducts a training mission in Seward, Alaska in 2024. Photo courtesy of the Alaska Dive Search Rescue and Recovery Team
Anchor Point fundraiser to benefit Alaska rescue and recovery group

Alaska Dive Search Rescue and Recovery Team is an all-volunteer nonprofit organization established in 2016.

Kachemak Bay Family Planning Clinic staff (left to right) Angie Holland, RN; Jane Rohr, Sonja Martin Young, CNM; Robin Holmes, MD; and Cherie Bole, CMA provide an array of reproductive and sexual health services. (Photo provided by KBFPC)
Kachemak Bay Family Planning Clinic releases report on STI trends on the Kenai Peninsula

The report pulls from data gathered from 2024 to early 2025.

Pool manager and swim coach Will Hubler leads a treading water exercise at Kenai Central High School in Kenai, Alaska, on Tuesday, June 17, 2025. (Jake Dye/Peninsula Clarion)
Swimmers, parents call on Kenai to support Kenai Central pool

The KPBSD Board of Education last week said communities will need to step up and take over administration of pools within the next year.

Traffic passes by South Spruce Street in Kenai, Alaska, on Tuesday, June 10, 2025. (Jake Dye/Peninsula Clarion)
Kenai drops effort to rename South Spruce Street

The resolution would have changed the name to make it clear which road led to North Kenai Beach

Gov. Mike Dunleavy compares Alaska to Mississippi data on poverty, per-pupil education spending, and the 2024 National Assessment of Education Progress fourth grade reading scores during a press conference on Jan. 31, 2025. Alaska is highlighted in yellow, while Mississippi is in red. (Jasz Garrett / Juneau Empire)
Dunleavy calls special session for August

Lawmakers on Wednesday said they were surprised by the move.

Most Read