Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1785

Introduced by Assembly Member Quirk

February 4, 2016

An act to begin delete amend end delete begin insert repeal and add end insert Section 23123.5 of the Vehicle begin delete Code end delete begin insert Code, end insert relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1785, as amended, Quirk. Vehicles: use of begin delete electronic wireless communications end delete begin insert wireless electronic end 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 would begin 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 delete begin 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:

begin delete

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 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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 23123.5 of the end insert begin insert Vehicle Code end insert begin insert is repealed. end insert

begin delete

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.

(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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 23123.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 23123.5. end insert   

(a) A person shall not drive a motor vehicle while
using a wireless electronic device for any purpose if it distracts
the driver’s attention unless the device is designed and used in a
manner that allows for hands-free operating, requiring only
voice-operated commands.

(b) For purposes of this section, “distracts the driver’s
attention” includes, but is not limited to, manually inputting or
typing information to make cellular telephone calls, obtain
directions, use a mapping application, play games, use internet
search engines, or use any other application on a wireless
electronic device that requires the vehicle operator to manually
input text, numerals, or characters.

(c) This section shall not apply to factory-installed wireless
electronic devices located in a vehicle’s dashboard, including
mapping systems, entertainment systems, and vehicle monitoring
systems that require manual input from a driver or passenger and
that are made inoperable by the driver when the vehicle is moving.

(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.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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.