Senate Bill No. 737

Introduced by Senator Stone

February 27, 2015

An act to amend Sections 12810.3, 23123.5, and 23124 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 737, as introduced, Stone. Vehicles: electronic wireless communication devices: penalties.

Under existing law, it is an infraction for any person to drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the device is configured to allow hands-free operation. A person under 18 years of age is prohibited from driving a motor vehicle while using an electronic wireless communications device, even if equipped with a hands-free device. Under existing law, a violation of these provisions is an infraction punishable by a fine of $20 for a first offense and $50 for each subsequent offense, but does not result in the assessment of a violation point against the driver’s record for purposes of suspension or revocation of the privilege to drive.

This bill would require that one point be assessed for a violation of the prohibitions on driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. This bill would also increase the base fine to $40 for a first offense and to $100 for each subsequent offense.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12810.3 of the Vehicle Code is amended
to read:

12810.3.  

Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation
of subdivision (a) of Section 23123 begin delete , subdivision (a) of Section
23123.5, end delete or begin insert paragraph (1) of end insert subdivision (b) of Section 23124.

SEC. 2.  

Section 23123.5 of the Vehicle Code is amended to
read:

23123.5.  

(a) A person shall not drive a motor vehicle while
using an electronic wireless communications device to write, send,
or read a text-based communication, unless the electronic wireless
communications device is specifically designed and configured to
allow voice-operated and hands-free operation to dictate, send, or
listen to a text-based communication, and it is used in that manner
while driving.

(b) As used in this section “write, send, or read a text-based
communication” means using an electronic wireless
communications device to manually communicate with any person
using a text-based communication, including, but not limited to,
communications referred to as a text message, instant message, or
electronic mail.

(c) For purposes of this section, a person shall not be deemed
to be writing, reading, or sending a text-based communication if
the person reads, selects, or enters a telephone number or name in
an electronic wireless communications device for the purpose of
making or receiving a telephone call or if a person otherwise
activates or deactivates a feature or function on an electronic
wireless communications device.

(d) A violation of this section is an infraction punishable by a
base fine of begin delete twenty dollars ($20) end delete begin insert forty dollars ($40) end insert for a first
offense and begin delete fifty dollars ($50) end delete begin insert one hundred dollars ($100) end insert 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.

SEC. 3.  

Section 23124 of the Vehicle Code is amended to read:

23124.  

(a) This section applies to a person under begin delete the age of end delete
18 years begin insert of age end insert .

(b) Notwithstanding Sections 23123 and 23123.5, a person
described in subdivision (a) shall not drive a motor vehicle while
using begin delete a wireless telephone or an electronic wireless
communications device, end delete begin insert either of the following, end insert even if equipped
with a hands-free begin delete device. end delete begin insert device: end insert

begin insert

(1) A wireless telephone.

end insert begin insert

(2) An electronic wireless communications device.

end insert

(c)  begin insert (1) end insert begin insert   end insert A violation of begin delete this section end delete begin insert paragraph (1) of subdivision
(b) end insert is an infraction punishable by a base fine of twenty dollars
($20) for a first offense and fifty dollars ($50) for each subsequent
offense.

begin insert

(2) A violation of paragraph (2) of subdivision (b) is an
infraction punishable by a base fine of forty dollars ($40) for a
first offense and one hundred dollars ($100) for each subsequent
offense.

end insert

(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).

(e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123 or
23123.5.

(f) This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or other
emergency services agency or entity.

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