BILL NUMBER: AB 621	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 25, 2009

   An act to amend Section 23123 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 621, as introduced, Saldana. Vehicles: wireless telephones.
    Existing law makes it an infraction for a 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.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  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
wireless telephone unless  that   the 
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. 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
wireless telephone unless  that   the 
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.