If a driver is caught texting behind the wheel by police officers in Twin Falls, he will face a $50 fine.  Greg Lanting, councilman for the city, told KTVB television that drivers will be given time to adjust to the new law. “If officers see people they believe are texting they are going to be stopped and it will originally be an education thing trying to get people to realize it is against the law in the city of Twin Falls,” Lanting said.

The new law might be difficult to enforce or prosecute, however.  Though the new provision prevents texting for drivers operating a vehicle, it will allow motorists to talk on their phones or dial the phone.  A ban on texting statewide failed during the 2010 legislative session because lawmakers felt that officers in the state wouldn’t be able to determine when a person was texting without requisitioning phone records into courts, a time consuming process for courts and officers. Lanting said the decision to go after drivers who might be texting will be up to officers.  ”Officers have to make judgment calls and courts have to make decisions based on judgment calls all the time so that’s the approach we’re taking,” said Lanting.

Police officers and other first responders are exempt from the ban when it goes into effect.

Twin Falls is the second government or government-related entity to ban texting in the last few months.  In July, the Boise Police Department, concerned about safety of its officers, banned texting behind the wheel on city time.  Boise Police Chief Mike Masterson said his officers are going to lead by example.  ”We, as police officers, urge people not to text while driving.  There’s growing evidence that texting takes a driver’s eyes off the road for too long, and sadly, already has been a deadly distraction on our roads. I believe we have to follow the same safety advice we give to the people we serve – do not text and drive,” Masterson said.

Though a statewide ban failed to make it through the Legislature in 2010, the issue is not going away.  Rep. Marv Hagedorn, R-Meridian, is crafting legislation to enact some type of ban in 2011.  Hagedorn’s proposal for the 2011 session, which he says is still in the works, would create an entirely new category of offenses for those who do a number of things that lead to distracted and unsafe driving, including texting.

State law already provides for prosecution of those cited for inattentive or reckless driving,  but Hagedorn’s bill would create “negligent driving,” which could be used against those who text, eat, read, or practice other unsafe behaviors behind the wheel off a moving vehicle.  There would be one catch for officers trying to enforce the law if it’s passed next year: those using cell phones or eating behind the wheel would also need to exhibit unsafe driving, such as speeding or weaving.  An officer would be unable to stop someone texting while driving if that person exhibited no unsafe behavior on the road, like weaving, speeding, or making unsafe lane changes.

Though Twin Falls is the first city to ban texting behind the wheel, it’s likely that it won’t be the last.  The city of Coeur d’Alene is giving the Idaho Legislature one more session to create its own prohibition before it passes its own version of the ban.  Members of the city council in the north Idaho resort town drafted its own ban earlier this year, but killed the measure because it looked like the Legislature was primed to ban the practice.  Sen. John Goedde, R-Coeur d’Alene, told the Coeur D’Alene Press that he expects a ban to clear the Legislature in 2011.

The announcement from Masterson came as a call for officers to be attentive while on Idaho’s roadways.  ”Officers need to use a variety of communication tools that are critical to personal and public safety, but texting while driving is not one of them,” said Masterson, who added that his officers would now be examples of safe driving.  ”We, as police officers, urge people not to text while driving.  There’s growing evidence that texting takes a drivers eyes off the road for too long, and sadly, already has been a deadly distraction on our roads. I believe we have to follow the same safety advice we give to the people we serve – do not text and drive.”

BPD spokesperson Lynn Hightower told IdahoReporter.com that the ban by the department isn’t the result of any specific or recent accidents by officers caused by texting behind the wheel.  ”The reason for this policy, which has been under discussion in the department for several weeks, is simply the safety factor. The Chief considers this a preemptive move,” Hightower wrote in an e-mail.  Officers will still be allowed to talk on their phones while behind the wheel, which Hightower said is necessary to allow them to gather more information on potentially dangerous situations while en route.  Use of laptops installed in police cruisers will also be exempt from the ban because Hightower said their use is an essential duty for officers.

At the press conference on the announcement, Masterson also called on the Idaho Legislature to make texting-while-driving a crime, something that it narrowly failed to do in early 2010.  ”Elected officials do need to create a law. When families are sitting at the dinner table, parents can tell their kids, it’s against the law, you shouldn’t do it,” Masterson told reporters.  ”The purpose of policy and law is to create the preferred state, to say this is what’s considered safe operation of a vehicle on the roads of Boise and of Idaho. Let us deal with the 1-2 percent who chose not to follow the laws. Policies and laws send clear messages as to what the expectations are and what’s safe practice for people using Idaho roads.”

The Legislature defeated two separate texting bans during its 2010 session.  The first was a measure crafted by Sen. John McGee, R-Caldwell, which featured steep penalties for offenders, including the charge of misdemeanor and the fines and jail time that could have gone along with the charge.  Lawmakers in the House amended and effectively killed the Senate version, but Rep. Steve Kren, R-Nampa, introduced a newer version that allowed for those caught texting-while-driving to be charged with infractions, which would have been similar to other traffic violations, like speeding or running a stop sign.  In the end, however, Rep. Raul Labrador, R-Eagle, killed the bill saying that it was unenforceable and that it created two classes of citizens because it exempted safety officials, like police officers, from the ban.

The issue won’t go away, however.  Rep. Marv Hagedorn, R-Meridian, is gearing up to pitch another texting ban bill in 2011, a measure which will create a separate offense of “negligent driving” for those doing anything behind the wheel that might be unsafe, including texting, eating, or applying makeup.

Masterson said he is concerned that veterans are not receiving proper screening before leaving the service and urged the Idaho lawmakers to “to work with all branches of our military, our Veteran’s Affairs groups and VA hospitals, and strive to improve and expand the safety net that must cover our veterans.”

On Wednesday, lawmakers responded to the letter.  Here are their responses:

From Sen. Mike Crapo’s spokesman Lindsay Nothern: “While Senator Crapo cannot comment directly on this particular incident involving the Boise Police and this individual, he has been concerned about PTSD and believes more should be done to assist returning veterans.

Both Crapo and Senator Risch have made funding requests specific to PTSD and Idaho efforts at research and treatment in the past and continue to bring the issue to the attention to colleagues.

Crapo feels much more needs to be done regarding the diagnosis and treatment of PTSD.  Besides the obvious dollar issue, Congress and the military have been working together to outline things like resources and equipment for screeners and supervisors to diagnose, better equipment in the field to prevent, and better systems to identify these individuals.”

From Senator Jim Risch’s spokesman Kyle Hines: “Senator Risch… agrees more needs to be done to diagnose and treat post traumatic stress disorder and traumatic brain injury in our active duty, reserves and veterans.  He has supported legislation that provides resources like more training for doctors and mandatory screenings to diagnose and treat PTSD and TBI.  While there has been progress in detecting and treating these illnesses in their early stages, clearly there is still work to be done.”

From Rep. Walt Minnick’s spokesman Dean Ferguson: “As a Vietnam-era veteran, I have observed firsthand, in acquaintances, the affects of what now is called Post Traumatic Stress Disorder. I recall a whole ward full of Vietnam vets in the 1990s who were still fighting the demons of their experiences in Vietnam. By recognizing and treating the condition, we can help Iraq and Afghanistan war veterans to quickly recover and lead productive lives. We had a generation of American soldiers who were never able to lead normal lives outside of institutions. I want to thank Chief Masterson for taking the lead in building public awareness and support for this issue for veterans and their families and their communities.”

From Rep. Mike Simspon’s spokesman Nikki Watts: “Incidents like this make it clear that we must do more to ensure our veterans are receiving the best treatment and care both on and off the battlefield.   I am proud that the Appropriations Committee has made significant investments in funding for veterans, including a  60% increase in funding in the past three years for mental health programs to better diagnose and treat PTSD and to train mental health professionals treating veterans,” said Congressman Mike Simpson.  “We must improve our system of screening, diagnosis and treatment so that our veterans are receiving the care they need and deserve.”

You can read IdahoReporter’s story on Chief Masterson’s letter here.

The letter comes just seven months after officers from the Boise Police Department were involved in a short-lived shootout with an Iraq war veteran.  The veteran, George G. Nickel, is a recipient of both the Purple Heart and the Bronze Star for bravery while on-duty in Iraq.  When citizens of Boise discovered that officers shot at a war veteran, many were outraged and flooded the department’s offices with calls and email expressing discontent over the handling of the matter.

At the time, according to a report from the Boise ombudsman, officers had no way of knowing exactly at whom they were shooting.  The report issued by the ombudsman said “the use of deadly force in response to this imminent threat to human life was both reasonable and necessary.”  No one was hurt during the standoff.

Masterson said the incident is an example of a soldier who could have used additional resources and help from the country he once served.  He adds that the military must do more to ensure the mental health and wellbeing of soldiers.

Some text from Masterson’s letter:

Whatever the issues and explanations, I am concerned that without more careful identification and treatment, these individuals may indeed pose a threat to their own safety and that of their families and community. My greatest concern is Mr. Nickel’s case is not isolated, and other police officers, not only in Boise but in Idaho and across the nation will be forced to confront a troubled veteran with weapons drawn. Any or all those involved will be chastised for doing what they felt they must for self-preservation or public safety, and worse, the outcome will be lives lost.

One citizen who wrote me said, “These veterans are our people. We need to care for them like they took care of us!”

As a Chief of Police of Idaho’s largest and Capital City, I urge you to work with all branches of our military, our Veteran’s Affairs groups and VA hospitals, and strive to improve and expand the safety net that must cover our veterans. It is the duty of the country they served to now serve and protect them, and indeed enhance their opportunities as they rejoin civilian life.

You can read Chief Masteron’s full letter to the congressional delegation by clicking here.  As soon as they come available, IdahoReporter.com will post responses to the letter by members of Idaho’s congressional delegation.