SB 194, as introduced, Galgiani. Vehicles: electronic wireless communications device: prohibitions.
Existing law prohibits a person from using a wireless telephone while driving unless the telephone is specifically designed and configured to allow hand-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, as specified. Under existing law, a person who is under 18 years of age is prohibited from using a wireless telephone, even if equipped with a hands-free device, or using a mobile service device, as defined, while driving. A violation of these provisions is an infraction.
This bill would prohibit a person who is under 18 years of age from using an electronic wireless communications device, as defined, even if it is equipped with a hands-free device. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 23124 of the Vehicle Code is amended
2to read:
(a) This section applies to a person under the age of
418 years.
5(b) Notwithstandingbegin delete Sectionend deletebegin insert Sectionsend insert 23123begin insert and 23123.5end insert, a
6person described in subdivision (a) shall not drive a motor vehicle
7while using a wireless telephonebegin delete, even if equipped with a begin insert
or an
8hands-free device, or while using a mobile service deviceend delete
9electronic wireless communications device, even if equipped with
10a hands-free deviceend insert.
11(c) A violation of this section is an infraction punishable by a
12base fine of twenty dollars ($20) for a first offense and fifty dollars
13($50) for each subsequent offense.
14(d) A law enforcement officer shall not stop a vehicle for the
15sole purpose of determining whether the driver is violating
16subdivision (b).
17(e) Subdivision (d) does not prohibit a law enforcement officer
18from stopping a vehicle for a violation of Section 23123begin insert orend insert
19begin insert 23123.5end insert.
20(f) This section does not apply to a person using a wireless
21telephone or a mobile service device for emergency purposes,
22including, but not limited to, an emergency call to a law
23enforcement agency, health care provider, fire department, or other
24emergency services agency or entity.
25(g) For the purposes of this section,begin delete “mobile service device”end delete
26begin insert “electronic wireless communications deviceend insertbegin insert”end insert includes, but is not
27limited to, a broadband personal communication device, specialized
28mobile radio device, handheld device or laptop computer with
29mobile data access, pager, and two-way messaging
device.
30(h) This section shall become operative on July 1, 2008.
end deleteNo reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
P3 1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.
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