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  Section 23123.5 of the Vehicle Code is repealed.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.