BILL NUMBER: AB 1646	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 5, 2014
	AMENDED IN ASSEMBLY  MAY 8, 2014

INTRODUCED BY   Assembly Member Frazier
   (Coauthor: Assembly Member Gatto)

                        FEBRUARY 11, 2014

   An act to  amend Sections 12804.9, 12810.3, 23123,
23123.5, and 23124 of   amend, repeal, and add Section
12810.3 of, and to add Section 1666.7 to,  the Vehicle Code,
relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1646, as amended, Frazier. Vehicles: electronic wireless
communication devices: prohibitions.
   (1) Existing law requires the Department of Motor Vehicles to
examine applicants for specific driver's licenses and requires
 that the examination include, among other things, a test of
the applicant's knowledge and understanding of the provision of the
Vehicle Code governing the operation of vehicles upon the highways.
  the department to administer a written test of those
persons seeking driver's licenses or certificates of renewal. 
   This bill  , commencing July 1, 2015,  would require
 the above-described examination   the
department  to  also  include  a test
of the   at least one question in each test of an 
applicant's  knowledge and  understanding of the 
provisions of the Vehicle Code   to verify that the
applicant has read and understands the  distractions and dangers
 of   associated with  handheld cellular
phone use and text messaging while operating a motor vehicle.
   (2) Existing law establishes that specified convictions and
violations under the Vehicle Code and traffic-related incidents count
as points against a driver's record for purposes of suspension or
revocation of the privilege to drive.
   Under existing law, it is an infraction for a person to drive a
motor vehicle while using a wireless telephone, or an electronic
wireless communications device to write send, or read a text-based
communication, unless the telephone or electronic wireless
communications device is designed and configured to allow
voice-operated and hands-free operation, and is used in that manner
while driving, except as otherwise provided. A person under 18 years
of age is prohibited from driving a motor vehicle while using a
wireless telephone or an electronic wireless communications device,
even if equipped with a hands-free device.  A violation point is
not given for a violation of these provisions.  
   This bill would assess a violation point for a 2nd or subsequent
conviction of a violation of these provisions. This bill would also
increase the base fines for a violation of any of the above-described
prohibitions involving driving a motor vehicle while using a
wireless telephone or an electronic wireless communications device
from $20 to $50, and the fine for a 2nd or subsequent offense from
$50 to $100.  
   This bill, commencing July 1, 2015, would assess a violation point
for a conviction of these violations. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 1666.7 is added to the 
 Vehicle Code   , to read:  
   1666.7.  (a) The department shall include in each noncommercial
driver's license examination at least one question in each test of an
applicant's knowledge and understanding of the provisions of this
code, as administered pursuant to Section 12803 or 12814, to verify
that the applicant has read and understands the distractions and
dangers associated with handheld cellular phone use and text
messaging while operating a motor vehicle.
   (b) This section shall become operative on July 1, 2015. 
   SEC. 2.    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 inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 3.    Section 12810.3 is added to the  
Vehicle Code   , to read:  
   12810.3.  (a) Pursuant to subdivision (f) of Section 12810, a
violation point shall 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, 2015.  All
matter omitted in this version of the bill appears in the bill as
amended in the Assembly, May 8, 2014. (JR11)