Amended in Senate June 30, 2016

Amended in Assembly May 27, 2016

Amended in Assembly April 5, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1785


Introduced by Assembly Member Quirk

(Coauthor: Assembly Member Frazier)

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 whilebegin insert holding andend insert operating a handheld wireless telephone or a wireless electronic communication device, as defined, except as specified. 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:

P2    1

SECTION 1.  

Section 23123.5 of the Vehicle Code is repealed.

2

SEC. 2.  

Section 23123.5 is added to the Vehicle Code, to read:

3

23123.5.  

(a) A person shall not drive a motor vehicle while
4begin insert holding andend insert operating a handheld wireless telephone or an
5electronic wireless communications device unless the wireless
6telephone or electronic wireless communications device is
7specifically designed and configured to allow voice-operated and
8hands-free operation, and it is used in that manner while driving.

9(b) This section shall not apply to begin delete factory-installed electronic
10wireless communications devices located in a vehicle’s dashboard,
11 including mapping systems, entertainment systems, and vehicle
12monitoring systems that require manual input from a driver or
13passenger and that are inoperable by the driver when the vehicle
14is moving.end delete
begin insert manufacturer-installed systems that are embedded in
15the vehicle.end insert

16(c) This section shall not apply to a wireless telephone or
17electronic wireless communications device that is mounted on a
18vehicle’s windshield in the same manner a portable Global
19Positioning System (GPS) is mounted pursuant to paragraph (12)
20of subdivision (b) of Section 26708 and that is operated solely to
21activate or deactivate a feature or function with the motion of a
22single swipe or tap of the driver’s finger.

23(d) A violation of this section is an infraction punishable by a
24base fine of twenty dollars ($20) for a first offense and fifty dollars
25($50) for each subsequent offense.

26(e) This section does not apply to an emergency services
27professional using an electronic wireless communications device
28while operating an authorized emergency vehicle, as defined in
29Section 165, in the course and scope of his or her duties.

P3    1(f) For the purposes of this section, “electronic wireless
2communications device” includes, but is not limited to, a broadband
3personal communication device, a specialized mobile radio device,
4a handheld device or laptop computer with mobile data access, a
5pager, or a two-way messaging device.

6

SEC. 3.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



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