BILL NUMBER: AB 1785	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 4, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1785, as amended, Quirk. Vehicles: use of  electronic
wireless communications   wireless electronic 
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,  as defined,  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.
  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.  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 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. 
   SECTION 1.    Section 23123.5 of the  
Vehicle Code   is repealed.  
   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. 
   SEC. 2.    Section 23123.5 is added to the  
Vehicle Code   , to read:  
   23123.5.  (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. 
   SEC. 2.   SEC. 3.   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.