BILL NUMBER: AB 1785 AMENDED BILL TEXT AMENDED IN SENATE JUNE 30, 2016 AMENDED IN ASSEMBLY MAY 27, 2016 AMENDED IN ASSEMBLY APRIL 5, 2016 AMENDED IN ASSEMBLY MARCH 28, 2016 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 while holding and 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: 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 Section 23123.5 of the Vehicle Code is repealed.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 holding and operating a handheld wireless 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) This section shall not apply to
factory-installed 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 inoperable by the driver when the vehicle is moving.manufacturer-installed systems that are embedded in the vehicle. (c) This section shall not apply to a wireless telephone or electronic wireless communications device that is mounted on a vehicle's windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 and that is operated solely to activate or deactivate a feature or function with the motion of a single swipe or tap of the driver's finger. (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. (f) 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.