Bill Text: CA AB1536 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: electronic wireless communications:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-07-13 - Chaptered by Secretary of State - Chapter 92, Statutes of 2012. [AB1536 Detail]

Download: California-2011-AB1536-Amended.html

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BILL NUMBER: AB 1536	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 3, 2012

INTRODUCED BY   Assembly Member Miller

                        JANUARY 24, 2012

   An act to amend Section 23123.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1536, as amended, Miller. Vehicles: electronic wireless
communications: prohibitions.
   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, except as specified.
   This bill would remove that prohibition if the person is using
 a voice-operated, hands-free device   an
electronic wireless communications device that 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  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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  person is using a
voice-operated, hands-free device   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 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.