(2) The subject, while driving a motor vehicle on highway or premises open to public:

(a) holds a mobile electronic device in their hand OR

(b) uses a mobile electronic device for any purpose.

(3) this statute doesn't apply to someone:

(a) who is employed as a commercial motor vehicle driver, or as a school bus driver, and is using a mobile electronic device within the scope of the person's employment if the use is permitted under regulations promulgated pursuant to 49 U.S.C. 31136

(b) who is employed as a driver of a vehicle having a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds and is using a mobile electronic device within the scope of the person's employment and as required under regulations promulgated pursuant to 49 U.S.C. 31137

(c) who is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens' or family radio service bands in accordance with rules of the Federal Communications Commission while transporting forest products, or while operating a vehicle to assist in logging operations, within the scope of the person's employment

(d) who is using a two-way radio device while operating a school bus or school activity vehicle within the scope of the person's employment

(e) who is using a two-way radio device or operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens' or family radio service bands in accordance with rules of the Federal Communications Commission while operating a vehicle owned or contracted by a utility for the purpose of installing, repairing, maintaining, operating or upgrading utility service, including but not limited to natural gas, electricity, water or telecommunications, within the scope of the person's employment

(f) who is using a two-way radio device while operating a vehicle wider than the lane of travel, a vehicle transporting livestock or a vehicle requiring a slow-moving vehicle emblem under 815.110 (Requirements for and use of slow-moving vehicle emblem), and the use of the device facilitates the safe operation of the vehicle OR

(g) sho is using a two-way radio device while operating a pilot or safety vehicle used to assist the safe movement of a vehicle described in paragraph (f), and the use of the device facilitates the safe movement of the vehicle described in paragraph (f)

(4) it is an affirmative defense to prosecution if the subject:

(a) used a mobile electronic device to communicate and they were summoning or providing medical or other emergency help if no one else in the vehicle was capable of summoning help

(b) was 18 or older and using hands-free accessory

(c) was driving an ambulance or emergency vehicle while acting within the scope of their employment

(d) was a police officer, firefighter or emergency medical services provider and was acting within the scope of their employment

(e) was 18 years of age or older, held a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and was operating an amateur radio

(f) was operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens' or family radio service bands in accordance with rules of the Federal Communications Commission to summon medical or other emergency help OR

(g) was using a medical device

(5) the penalty is:

(a) T(b): first violation except as provided in (b) below

(b) T(a): first violation and causing an accident as described in 811.720 (When accident must be reported to Department of Transportation)

(c) T(a): second conviction within a ten (10) year period following the date of the first conviction

(d) M(b): third or subsequent conviction within a ten (10) year period preceding the date of the person's current conviction

(6) in addition to any other sentence that may be imposed, the court shall impose a minimum fine of $2,000 on a person convicted of a Class B misdemeanor under paragraph (5)(d

(7) for purposes of this section, sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence

(8)(a) for a person's first conviction of driving a motor vehicle while using a mobile electronic device, the court may suspend the fine to be imposed under paragraph (5)(a) on the condition that the person, within 120 days of sentencing:

(A) complete at the person's own expense a distracted driving avoidance course approved by the Department of Transportation under 811.508 (Distracted driving avoidance course) AND

(B) provide proof of completion to the court.

(b) the court may schedule a hearing to determine whether the person successfully completed the distracted driving avoidance course.

(c) if the person has successfully completed the requirements described in paragraph (8)(a), the court shall enter a sentence of discharge. Notwithstanding 153.021 (Minimum fines), a sentence of discharge imposed under this paragraph may not include a fine.

(d) if the person has not successfully completed the requirements described in paragraph (8)(a), the court shall:

(A) frant the person an extension based on good cause shown OR

(B) impose the fine under paragraph (5)(a)

(9) DOT shall place signs on state highways to notify drivers that it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties