BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1785


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1785 (Quirk) - As Amended April 5, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill:


          1)Repeals the prohibition on driving a motor vehicle while using  
            an electronic wireless communications device to write, send,  
            or read a text-based communication, unless the device is  
            designed and configured to allow voice-operated and hands-free  
            operation and is used in that manner.


          2)Instead, prohibits a person from driving a motor vehicle while  








                                                                    AB 1785


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            using (in any manner) a wireless telephone or electronic  
            wireless communications device unless the device is  
            specifically designed for and used in a voice-operated and  
            hands-free manner.


          3)Defines "electronic wireless communications device" to  
            include, but not be 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.


          FISCAL EFFECT:


          Any costs to the CHP to update training regarding the modified  
          prohibition on use of electronic wireless communication devices  
          would be minor and absorbable.


          COMMENTS:


          1)Background. Since 2006, California has prohibited driving a  
            motor vehicle while using a wireless telephone unless the  
            device is configured to allow for hands-free listening and  
            talking.  SB 28, (Simitian), Chapter 270, Statutes of 2007,  
            expanded this ban to prohibit a person from writing, sending  
            or reading text-based communications while driving.  SB 194,  
            (Galgiani), Chapter 754, Statutes of 2013, again expanded this  
            ban to prohibit anyone younger than 18 years of age from  
            operating a wireless communications device while driving,  
            regardless of the device's hands-free capability.



            In 2014, the California Court of Appeals for the 5th District  
            ruled that the existing ban only prohibits a driver from  








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            holding a wireless telephone while conversing on it.  In  
            making its ruling, the court found that the legislative intent  
            in enacting those prohibitions was merely focused on  
            prohibiting a wireless telephone only while carrying on a  
            conversation, not while using it for any other purpose.  Law  
            enforcement agencies thus find it difficult, if not  
            practicably impossible to enforce the prohibition, as the  
            scope of a mobile device's functions and its contributions to  
            distracted driving go far beyond simply making and receiving  
            telephone calls.





            The current statutory ban on using a wireless telephone and  
            writing, sending, or reading a text-based communication with  
            an electronic wireless communications device has been  
            characterized as being too narrow and not contemplating the  
            full scope of activities that can be carried out on a wireless  
            telephone or electronic wireless communications device. 





            As the number of mobile devices and their range of  
            capabilities has grown, so too has their impact on driver  
            safety. In 2015, there were 12 fatal collisions involving  
            handheld cellphone use as an inattention factor, over 500  
            injury collisions, and nearly 700 property damage collisions.   
            The DMV reported over 426,000 handheld cell phone and texting  
            convictions from jurisdictions statewide in 2013. To help  
            combat the dangers of distracted driving, the most recent  
            Strategic Highway Safety Plan (SHSP), prepared by Caltrans,  
            recommends strengthening laws on distracted driving.











                                                                    AB 1785


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          2)Purpose. In the context of the court's ruling and consistent  
            with the SHSP recommendations, this bill clarifies that a  
            person is prohibited from using a wireless telephone or an  
            electronic wireless communications device for any purpose  
            while driving.



            The author argues that the inconsistency of judicial  
            interpretation makes the law difficult to uphold by law  
            enforcement and difficult to follow to average citizens.  The  
            author intends this bill to reflect how technology has evolved  
            with the goal of providing law enforcement clearer laws to  
            enforce and improving safety. By including functions of  
            wireless telephones and electronic wireless communications  
            devices beyond just telephone calls, under the prohibition on  
            their use while driving, the author intends to give law  
            enforcement additional tools to promote driver safety.


           


           Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081