BILL NUMBER: SB 33 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2007
PASSED THE ASSEMBLY AUGUST 27, 2007
AMENDED IN ASSEMBLY JULY 12, 2007
AMENDED IN ASSEMBLY JUNE 13, 2007
AMENDED IN SENATE APRIL 23, 2007
AMENDED IN SENATE MARCH 19, 2007
AMENDED IN SENATE FEBRUARY 14, 2007
INTRODUCED BY Senator Simitian
(Principal coauthor: Assembly Member Garcia)
(Coauthors: Assembly Members Beall, Horton, Jeffries, Krekorian,
and Maze)
DECEMBER 4, 2006
An act to amend Sections 12810.3 and 23123 of, and to add Section
23124 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 33, 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. A violation is punishable by a
base fine of $20 for a first offense and $50 for each subsequent
offense.
This bill, on and after July 1, 2008, would prohibit a person
under the age of 18 years from driving a motor vehicle while using a
wireless telephone, even if equipped with a hands-free device, or
while using a mobile service device, as defined. The 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 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 the above prohibition. A
violation would be punishable by a base fine of $20 for a first
offense and $50 for each subsequent offense.
(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.
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 or subdivision (b) of Section
23124.
(b) This section shall become operative on July 1, 2008.
SEC. 2. 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) 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 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. 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) 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 shall become operative on July 1, 2011.
SEC. 4. Section 23124 is added to the Vehicle Code, to read:
23124. (a) This section applies to a person under the age of 18
years.
(b) Notwithstanding Section 23123, a person described in
subdivision (a) shall not drive a motor vehicle while using a
wireless telephone, even if equipped with a hands-free device, or
while using a mobile service device.
(c) 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.
(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).
(e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123.
(f) 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.
(g) 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.
(h) This section shall become operative on July 1, 2008.
SEC. 5. 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.