BILL NUMBER: SB 28	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 4, 2008
	AMENDED IN ASSEMBLY  JUNE 19, 2008

INTRODUCED BY   Senator Simitian

                        DECEMBER 4, 2006

    An act to amend Section 23123 of the Vehicle Code,
relating to vehicles.   An act to amend Section 12810.3
of, and to add Section 23123.5 to, the Vehic   le Code,
relating to vehicles. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 28, as amended, Simitian. Motor vehicles:  mobile
service device.   electronic wireless communications
device. 
   (1) Under existing law, on and after July 1, 2008, it 
will be   is  an infraction for any person to drive
a motor vehicle while using a wireless telephone, unless that
telephone is designed and configured to allow hands-free listening
and talking operation, and is used in that manner while driving,
except as otherwise provided. A violation point is not given for a
violation. A violation is punishable by a base fine of $20 for a
first offense and $50 for each subsequent offense.
   This bill would also prohibit  the use of a mobile service
device, as defined, and would add other, specified exceptions to
these provisions   a person from driving a motor vehicle
while using an electronic wireless communications device to write,
send, or read a text-based communication   , except as
specified. The bill would also provide that a violation point is not
given for a violation of these provisions and would impose a base
fine of $20 for a first offense and $50 for each subsequent offense
 . By creating a new infraction, the bill would impose a
state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12810.3 of the  
Vehicle Code   is amended to read: 
   12810.3.  (a) Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123  , subdivision (a) of Section
23123.5,  or subdivision (b) of Section 23124.
   (b) This section shall become operative on July 1, 2008.
   SEC. 2.    Section 23123.5 is added to the  
Vehicle Code  , to read:  
   23123.5.  (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication.
   (b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
   (c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
   (d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.  
  SECTION 1.    Section 23123 of the Vehicle Code,
as amended by Section 2 of Chapter 214 of the Statutes of 2007, is
amended to read:
   23123.  (a) A person shall not drive a motor vehicle while using a
mobile service device or a wireless telephone unless that telephone
is specifically designed and configured to allow hands-free listening
and talking, and is used in that manner while driving. As used in
this section, "mobile service device" includes, but is not limited
to, a broadband personal communication device, a specialized mobile
radio device, a handheld device or laptop computer with mobile data
access, a pager, or a two-way messaging device.
   (b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
   (1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
   (B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
   (2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
   (3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
   (4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
   (5) A tow truck, as defined in Section 615.
   (f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (g) This section does not apply to a person while driving a motor
vehicle on private property.
   (h) This section does not apply to the equipment specified in
subdivision (b) of Section 27602 when installed in a vehicle.
   (i) This section shall become operative on July 1, 2008, and shall
remain in effect only until July 1, 2011, and, as of July 1, 2011,
is repealed.  
  SEC. 2.    Section 23123 of the Vehicle Code, as
amended by Section 3 of Chapter 214 of the Statutes of 2007, is
amended to read:
   23123.  (a) A person shall not drive a motor vehicle while using a
mobile service device or a wireless telephone unless that telephone
is specifically designed and configured to allow hands-free listening
and talking, and is used in that manner while driving. As used in
this section, "mobile service device" includes, but is not limited
to, a broadband personal communication device, a specialized mobile
radio device, a handheld device or laptop computer with mobile data
access, a pager, or a two-way messaging device.
   (b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (f) This section does not apply to a person while driving a motor
vehicle on private property.
   (g) This section does not apply to the equipment specified in
subdivision (b) of Section 27602 when installed in a vehicle.
   (h) This section shall become operative on July 1, 2011. 

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.