BILL NUMBER: AB 1785	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 4, 2016

   An act to amend Section 23123.5 of the Vehicle Code relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 23123.5 of the Vehicle Code is amended to read:

   23123.5.  (a) A person shall not drive 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 to dictate, send, or
listen to a text-based communication, and it is used in that manner
while driving.
   (b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
   (c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
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 if a person otherwise
activates or deactivates a feature or function on an electronic
wireless communications device.  is using the electronic
wireless communications device in a voice-operated and hands-free
mode. 
   (d)  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.
   (e)  This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
  SEC. 2.  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.