BILL NUMBER: AB 1492	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 27, 2009

   An act to amend Section 40000.15 of, and to add Section 23126 to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1492, as introduced, Bonnie Lowenthal. Vehicles: wireless
telephones and communication devices.
   (1) Existing law generally prohibits a person from driving a motor
vehicle while using a wireless telephone unless the telephone is
specifically designed and configured to allow hands-free listening
and talking, and is used in that manner while driving. A violation of
the Vehicle Code generally is an infraction.
   This bill would prohibit a person from using a wireless telephone
or other communication device, as the bill would define that term,
during a vehicle stop made by a law enforcement officer for a
violation of the Vehicle Code, thereby creating a new infraction. If
a law enforcement officer makes a vehicle stop for a violation of the
Vehicle Code, the bill would make it a misdemeanor for a person in
the vehicle that is stopped to fail to comply with the officer's
direction to stop using a wireless telephone or other communication
device. The bill would exempt from its provisions a person using a
wireless telephone or other communication device for emergency
purposes. By creating a new infraction and a new misdemeanor, 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 23126 is added to the Vehicle Code, to read:
   23126.  (a) If a law enforcement officer makes a vehicle stop for
a violation of this code, a person in the vehicle shall not use a
wireless telephone or other communication device while the vehicle is
stopped.
   (b) If a law enforcement officer makes a vehicle stop for a
violation of this code, it is a misdemeanor for a person in the
vehicle that is stopped to fail to comply with the officer's
direction to stop using a wireless telephone or other communication
device.
   (c) This section does not apply to a person using a wireless
telephone or other communication 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.
   (d) For purposes of this section, "communication device" means a
device that enables a person to communicate at the time of the stop
with a person outside of the vehicle.
  SEC. 2.  Section 40000.15 of the Vehicle Code is amended to read:
   40000.15.  A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
   Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating
to unlawfully towed or stored vehicles.
   Sections 23103 and 23104, relating to reckless driving.
   Section 23109, relating to speed contests or exhibitions.
   Subdivision (a) of Section 23110, relating to throwing at
vehicles. 
   Subdivision (b) of Section 23126, relating to failing to comply
with a law enforcement officer's direction to stop using a wireless
telephone or other communication device. 
   Section 23152, relating to driving under the influence.
   Subdivision (b) of Section 23222, relating to possession of
marijuana.
   Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying  any   an  alcoholic
beverage.
   Section 23253, relating to directions on toll highways or
vehicular crossings.
   Section 23332, relating to trespassing.
   Section 24002.5, relating to unlawful operation of a farm 
labor  vehicle.
   Section 24011.3, relating to vehicle bumper strength notices.
   Section 27150.1, relating to sale of exhaust systems.
   Section 27362, relating to child passenger seat restraints.
   Section 28050, relating to true mileage driven.
   Section 28050.5, relating to nonfunctional odometers.
   Section 28051, relating to resetting odometers.
   Section 28051.5, relating to devices to reset odometers.
   Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
  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.