BILL NUMBER: AB 1785	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 4, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1785, as amended, Quirk. Vehicles: use of 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. A violation of these provisions is an
infraction.
   This bill would 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,  
wireless telephone or a wireless electronic communication device, as
defined,  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  Section 23123.5 of the Vehicle Code is repealed.
  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.   telephone or an electronic
wireless communications device unless the wireless telephone or
electronic wireless communications device is specifically designed
and configured to allow voice-operated and hands-free operation, and
it is used in that manner while driving.  
   (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) 
    (b)  This section shall not apply to factory-installed
 wireless electronic devices   electronic
wireless communications 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) 
    (c)  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) 
    (d)  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. 
   (e) For the purposes of this section, "electronic wireless
communications device" includes, but is not limited to, a broadband
personal communication device, a specialized mobile radio device, a
handheld device or laptop computer with mobile data access, a pager,
or a two-way messaging device. 
  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.