BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 737 Hearing Date: 4/28/2015
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|Author: |Stone |
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|Version: |2/27/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Christine Hochmuth |
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SUBJECT: Penalties for texting while driving
DIGEST: This bill increases penalties (fine and violation
points) for texting while driving for both adults and minors.
ANALYSIS:
Existing law:
1)Prohibits a person from driving a motor vehicle while writing,
sending, or reading text-based communication (texts), unless
they are doing so on a device that allows voice-operated and
hands-free operation to dictate, send, or listen to the
text-based communication.
2)Prohibits a person below the age of 18 (minor) from driving a
motor vehicle while using a wireless telephone or other
electronic wireless communications device even if the device
is equipped with a hands-free option.
3)Sets the penalty for violating the above provisions as an
adult or as a minor at $20 for the first offense and $50 for
subsequent offenses.
4)Assigns violation point counts to convictions of specified
violations of the Vehicle Code. Most moving violations, such
as speeding, causing a traffic accident, or failing to
restrain a child properly, are considered an infraction and
subject to one violation point. More serious offenses are
SB 737 (Stone) Page 2 of ?
given a value of two violation points. A person whose driving
record shows a violation point count of four or more points in
12 months, six or more points in 24 months, or eight or more
points in 36 months is presumed to be a negligent operator and
the Department of Motor Vehicles (DMV) may either suspend or
revoke his or her driver's license. A conviction of talking
or texting while driving does not currently result in a point.
This bill:
1)Increases the penalty for adults and minors who use an
electronic wireless communications device to write, send, or
read texts while driving to a base fine of $40 for a first
offense and $100 for subsequent offenses.
2)Allows the assignment of violation points to adults and minors
upon a conviction of driving a motor vehicle while texting.
3)Does not increase the penalty for minors in the case of
violation of the use of a wireless telephone while driving.
This fine would remain at $20/$50.
4)Prohibits the assignment of a violation point to minors upon
conviction of driving a motor vehicle while using a wireless
telephone.
COMMENTS:
1)Purpose. The author contends that distracted driving is the
cause of numerous accidents in California and has serious, if
not fatal, consequences. The author states that the current
fines for texting while driving have led to a decrease in
distracted driving, but more must be done as the problem still
persists in California.
2)Distracted driving. According to the Office of Traffic
Safety, 80% of vehicle crashes involve some sort of driver
inattention. Up to 3,000 people yearly are killed nationwide
in crashes where driver distractions are involved.
In 2014, more than 50% of Californians surveyed said that
texting while driving is the most serious distraction for
drivers and that it posed the biggest safety problem on
California roadways. Despite the recognition of the
seriousness of the problem, many California drivers
SB 737 (Stone) Page 3 of ?
participate in this activity. In 2014, nearly 53% of
California drivers admitted to making a driving mistake while
talking on a cell phone. A nationwide Harris poll last year
found that 59% of adult drivers admitted to talking on a
handheld cellphone while behind the wheel, and 37% said they
engaged in texting.
In 2013, the DMV reported more than 426,000 handheld cell
phone and texting convictions, with more than 57,000 tickets
issued in April alone. However, these incidents are
decreasing. The total percentage of distracted driving due to
electronic devices observed decreased from 7.4% in 2013 to
6.4% in 2014, a 13.5% reduction and the lowest since surveys
began in 2011.
3)Small fines can lead to big problems for some Californians.
The base fines for a conviction of texting while driving have
remained constant since they were instituted in 2008.
However, penalty assessments, fees, and surcharges do not
remain the same, so the out-of-pocket costs for violations
have been steadily increasing each year. Since 2008, the
overall payment for a base fine of $50 has gone up almost
200%, while the payment for a base fine of $20 has increased
almost 300%. Even without considering the additional burden
of increased fines, the hardship that many people face in
paying off fines and late fees for traffic violations has
driven legislators to propose legislation for amnesty (SB 405,
Hertzberg, 2015).
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|YEAR |Cost of $20 base |Cost of $50 |
| |fine |base fine |
|---------+-----------------+----------------|
|2008 | $ 76 | $ 190 |
|---------+-----------------+----------------|
|2011 | $ 208 | $ 328 |
|---------+-----------------+----------------|
|2012 | $ 211 | $ 331 |
|---------+-----------------+----------------|
|2015 | $ 213 |$ |
| | |336 |
| | | |
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4)Wireless telephones versus electronic wireless communications
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device. The author states that the intent of this bill is to
increase the penalty for all persons who text while driving,
but not to increase the penalty for minors that talk on a cell
phone while driving, which the author purports is a less
dangerous activity. To this end the author establishes a
distinction in statute between using a wireless telephone and
an electronic wireless communications device and imposes
increased penalties for operating the latter. Electronic
wireless communications devices are defined in statute to
include: a broadband personal communication device,
specialized mobile radio device, handheld device or laptop
computer with mobile data access, pager, and two-way messaging
device. The language of the current bill may lead to some
confusion as most texting occurs on smartphones or other
mobile phones, which should be categorized as wireless
telephones, not separate devices solely intended for texting.
In other words, the use of a wireless telephone is not limited
to talking, but this language does not distinguish this fact.
The committee may wish to amend this bill to clarify the
intent.
5)Fourth time's the charm? The legislature has passed similar
bills but all were vetoed by the Governor. A proposal to
increase fines from $20 to $50 and $50 to $100 (SB 28,
Simitian, 2011) and a similar proposal of smaller increases of
$20 to $30 and $50 to $60 (SB 1310, Simitian, 2012) were both
vetoed by Governor Brown. In his veto messages, the Governor
stated his support of discouraging cell phone use while
driving, but did not agree with the increase of penalties that
the legislation mandated. Governor Brown also vetoed a bill
that would have assessed a violation point for texting while
driving (SB 1646, Frazier, 2014), stating that it would
adversely affect a driver's ability to obtain affordable
insurance.
6)Arguments in support. Impact Teen Drivers emphasizes the
danger of texting, stating that the activity takes a driver's
eyes off the road for an average of five seconds, long enough
to travel the length of a football field at 55 miles per hour.
They assert that this bill will hold the offender accountable
and serve as a deterrent, which will reduce the number of
offenders over time and hopefully save lives.
7)Arguments in opposition. The California Teamsters Public
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Affairs Council agrees with Governor Brown that the fines are
already too high at the present level when the penalty
assessments are included. Also, they contend that adding
points to a license puts more drivers at risk of losing their
licenses, which they believe to be an excessive punishment.
RELATED LEGISLATION:
AB 1646 (Frazier, 2014) - would have assessed a violation point
for conviction of using a wireless communication device while
operating a vehicle. AB 1646 was vetoed by Governor Brown.
SB 194 (Galgiani, Chapter 754, Statutes of 2013) - prohibits a
person who is under 18 years of age from using an electronic
wireless communications device, as defined, even if it is
equipped with a hands-free device. This statute also imposes a
base fine of $20 for a first offense and $50 for subsequent
offenses.
AB 313 (Frazier, 2013) - would have prohibited the use of
voice-operated, hands-free texting devices while driving. AB
313 failed in Assembly Appropriations.
SB 1310 (Simitian, 2012) - would have increased the penalties
related to using a wireless communications device while
operating a vehicle from $20 to $30 for a first offense and from
$50 to $60 for subsequent offenses. SB 1310 was vetoed by
Governor Brown.
SB 28 (Simitian, 2011) - would have increased the penalties
related to using a wireless communications device while
operating a vehicle from $20 to $50 for a first offense and from
$50 to $100 for subsequent offenses. SB 28 was vetoed by
Governor Brown.
SB 28 (Simitian, Chapter 270, Statutes of 2008) - prohibits a
person from writing, sending, or reading text-based
communications while operating a motor vehicle. This statute
makes a violation an infraction subject to a base fine of $20
for a first offense and $50 for each subsequent offense, but
specifies these offenses do not result in a violation point
being added to the person's driving record.
SB 33 (Simitian, Chapter 214, Statutes of 2007) - prohibits a
driver under the age of 18 from using a wireless telephone or
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any other mobile service device while operating a motor vehicle.
This statute also imposes a base fine of $20 for a first
offense and $50 for subsequent offenses.
SB 1613 (Simitian, Chapter 290, Statutes of 2006) - prohibits a
person from using a cell phone while operating a motor vehicle,
and subjects violators to base fines of $20 and $50 for first
and subsequent violations, respectively.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 22, 2015.)
SUPPORT:
Impact Teen Drivers
OPPOSITION:
California Teamsters Public Affairs Council
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