AB 1785, as introduced, Quirk. Vehicles: use of electronic wireless communications devices.
Existing law 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, and is used, to allow voice-operated and hands-free operation, as specified. Existing law defines “write, send, or read a text-based communication” as using an electronic wireless communications device to manually communicate with another person using a text-based communication, as specified. Existing law excludes from that definition circumstances in which a person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call, or otherwise activates or deactivates a feature or function on an electronic wireless communications device. A violation of these provisions is an infraction.
This bill would delete the exclusion described above and instead would exclude from the definition of “write, send, or read a text-based communication” using the electronic wireless communications device in a voice-operated and hands-free mode. By changing the definition of a crime, the 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 23123.5 of the Vehicle Code is amended
2to read:
(a) A person shall not drive a motor vehicle while
4using an electronic wireless communications device to write, send,
5or read a text-based communication, unless the electronic wireless
6communications device is specifically designed and configured to
7allow voice-operated and hands-free operation to dictate, send, or
8listen to a text-based communication, and it is used in that manner
9while driving.
10(b) As used in this section “write, send, or read a text-based
11communication” means using an electronic wireless
12communications device to manually communicate with any person
13using a text-based communication, including, but not limited to,
14communications referred to as a text message, instant message, or
15electronic mail.
16(c) For purposes of this section, a person shall not be deemed
17to be writing, reading, or sending a text-based communication if
18the personbegin delete reads, selects, or enters a telephone number or name in begin insert is using the electronic wireless
19an electronic wireless communications device for the purpose of
20making or receiving a telephone call or if a person otherwise
21activates or deactivates a feature or function on an electronic
22wireless communications device.end delete
23communications device in a voice-operated and hands-free mode.end insert
24(d) A violation of this section is an infraction punishable by a
25base fine of twenty dollars ($20) for a first offense and fifty dollars
26($50) for each subsequent offense.
27(e) This section does not apply to an emergency services
28professional using an electronic wireless communications device
29while operating an authorized emergency vehicle, as defined in
30Section 165, in the course and scope of his or her duties.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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