Amended in Senate April 30, 2015

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 amended, 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 or paragraph (1) begin insert or (3) end insert of
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 begin delete section end delete begin insert section, end insert “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 forty dollars ($40) for a first offense and one hundred
dollars ($100) 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 18 years of
age.

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

begin delete

(1) A wireless telephone.

end delete begin delete

(2) An electronic wireless communications device.

end delete begin insert

(1) Verbal communication.

end insert begin insert

(2) Writing, sending, or reading a text-based communication.

end insert begin insert

(3) Any use other than those described in paragraphs (1) and
(2).

end insert

(c) (1) A violation of paragraph (1) begin insert or (3) end insert of subdivision (b) is
an infraction punishable by a base fine of twenty dollars ($20) for
a first offense and fifty dollars ($50) for each subsequent offense.

(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.

(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.