AB 1785,
as amended, Quirk. Vehicles: use ofbegin delete electronic wireless communicationsend deletebegin insert wireless electronicend insert 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,begin insert as defined,end insert unless the electronic wireless communications device is specifically designed and configured, and is used, to allow voice-operated and hands-free operation, as specified.begin delete 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.end delete A violation of these provisions is an infraction.
This bill wouldbegin delete 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.end deletebegin insert instead prohibit a person from driving a motor vehicle while using a wireless electronic device for any purpose if it distracts the driver’s attention, except as specified. The bill would provide that “distracts the driver’s attention” includes, but is not limited to, manually inputting or typing information to do specified acts, including to make cellular telephone calls or obtain directions.end insert
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 person is using the electronic wireless communications device
19in a voice-operated and hands-free mode.
20(d) A violation of this section is an infraction punishable by
21a base fine of twenty dollars ($20) for a first offense and fifty
22dollars ($50) for each subsequent
offense.
P3 1(e) This section does not apply to an emergency services
2professional using an electronic wireless communications device
3while operating an authorized emergency vehicle, as defined in
4Section 165, in the course and scope of his or her duties.
begin insertSection 23123.5 of the end insertbegin insertVehicle Codeend insertbegin insert is repealed.end insert
(a) A person shall not drive a motor vehicle while
7using an electronic wireless communications device to write, send,
8or read a text-based communication, unless the electronic wireless
9communications device is specifically designed and configured to
10allow voice-operated and hands-free operation to dictate, send, or
11listen to a text-based communication, and it is used in that manner
12while driving.
13(b) As used in this section “write, send, or read a
text-based
14communication” means using an electronic wireless
15communications device to manually communicate with any person
16using a text-based communication, including, but not limited to,
17communications referred to as a text message, instant message, or
18electronic mail.
19(c) For purposes of this section, a person shall not be deemed
20to be writing, reading, or sending a text-based communication if
21the person reads, selects, or enters a telephone number or name in
22an electronic wireless communications device for the purpose of
23making or receiving a telephone call or if a person otherwise
24activates or deactivates a feature or function on an electronic
25wireless communications device.
26(d) A violation of this section is an infraction punishable by a
27base fine of twenty dollars
($20) for a first offense and fifty dollars
28($50) for each subsequent offense.
29(e) This section does not apply to an emergency services
30professional using an electronic wireless communications device
31while operating an authorized emergency vehicle, as defined in
32Section 165, in the course and scope of his or her duties.
begin insertSection 23123.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert
begin insert(a) A person shall not drive a motor vehicle while
35using a wireless electronic device for any purpose if it distracts
36the driver’s attention unless the device is designed and used in a
37manner that allows for hands-free operating, requiring only
38voice-operated commands.
39
(b) For purposes of this section, “distracts the driver’s
40attention” includes, but is not limited to, manually inputting or
P4 1typing information to make cellular telephone calls, obtain
2directions, use a mapping application, play games, use internet
3search engines, or use any other application on a wireless
4electronic device that requires the vehicle operator to manually
5input text, numerals, or characters.
6
(c) This section shall not apply to factory-installed wireless
7electronic devices located in a vehicle’s dashboard, including
8mapping systems, entertainment systems, and vehicle monitoring
9systems that require manual input from a driver or passenger and
10that are made inoperable by the driver when the vehicle is moving.
11
(d) 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
(e) This section does not apply to an emergency services
15professional using an electronic wireless communications device
16while operating an authorized emergency vehicle, as defined in
17Section 165, in the course and scope of his or her duties.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
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