BILL NUMBER: SB 33 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 19, 2007
AMENDED IN SENATE FEBRUARY 14, 2007
INTRODUCED BY Senator Simitian
(Principal coauthor: Assembly Member Garcia)
DECEMBER 4, 2006
An act to amend Sections 12810.3 and 23123 of, and to add Section
23122 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 33, as amended, Simitian. Vehicles: wireless telephones and
mobile service devices.
(1) Under existing law, on and after July 1, 2008, it will be 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.
This bill, on and after July 1, 2008, would prohibit a person
possessing a valid instruction permit, student license, or
provisional license from driving a motor vehicle while using a
wireless telephone. Secondly, the bill would prohibit such a person
under the age of 18 years from
driving a motor vehicle while using a handset
wireless telephone equipped with a hands-free device or while
using a mobile service device, as defined. The bill would
provide that the prohibitions do prohibition would
not apply to such a person using a wireless telephone or a
mobile service device for emergency purposes. By creating a new
infraction, the bill would impose a state-mandated local program.
The bill would prohibit a law enforcement officer from stopping a
vehicle for the sole purpose of determining whether the driver is
violating the 2nd above prohibition
, but would not prohibit a law enforcement officer from stopping
a vehicle for the purpose of determining whether the driver is using
a wireless telephone without a hands-free device . The bill
would prohibit a violation point from being given for a conviction of
violating any of the prohibitions the above
prohibition .
(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 (b) or (c) of Section 23122 or
subdivision (a) of Section 23123.
(b) The section shall become operative on July 1, 2008.
SEC. 2. Section 23122 is added to the Vehicle Code, to read:
23122. (a) This section applies to a person possessing a
valid instruction permit issued pursuant to Section 12509, a valid
student license issued pursuant to Section 12651 or 12660, or a valid
provisional license issued pursuant to Section 12814.6
under the age of 18 years .
(b) A person described in subdivision (a) shall not drive a motor
vehicle while using a wireless telephone. This subdivision includes
using a mobile service device when that device is used as a wireless
telephone.
(c) A
(b) Notwithstanding Section 23123, a
person described in subdivision (a) shall not drive a motor
vehicle while using a handset wireless
telephone equipped with a hands-free device or while using
a mobile service device.
(d)
(c) A law enforcement officer shall not stop
a vehicle for the sole purpose of determining whether the driver is
violating subdivision (c) (b) .
(d) Subdivision (c) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123.
(e) This section does not apply to a person using a wireless
telephone or a mobile service device 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.
(f) For the purposes of this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, specialized mobile radio device, handheld device or laptop
computer with mobile data access, pager, and two-way messaging
device.
(g) This section shall become operative on July 1, 2008.
SEC. 3. Section 23123 of the Vehicle Code, as
added by Section 4 of Chapter 290 of the Statutes of 2006, is amended
to read:
23123. (a) A person shall not drive a motor vehicle while using 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.
(b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, 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 a person who is subject to
Section 23122.
(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. 4. SEC. 3. Section 23123 of the
Vehicle Code, as added by Section 5 of Chapter 290 of the Statutes
of 2006, is amended to read:
23123. (a) A person shall not drive a motor vehicle while using 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.
(b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, 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 a person who is subject to
Section 23122.
(h)
(g) This section shall become operative on
July 1, 2011.
SEC. 5. SEC. 4. 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.