Bill Text: CA AB1492 | 2009-2010 | Regular Session | Amended
Bill Title: Vehicles: wireless telephones and communication devices.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1492 Detail]
Download: California-2009-AB1492-Amended.html
BILL NUMBER: AB 1492 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Bonnie Lowenthal
( Coauthor: Assembly Member
Lieu )
FEBRUARY 27, 2009
An act to amend Section 40000.15 of, and to add Section
23126 to, An act to add Section 23126 to the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1492, as amended, Bonnie Lowenthal. Vehicles: wireless
telephones and communication devices.
(1) Existing law generally prohibits a person from driving a motor
vehicle while using a wireless telephone unless the telephone is
specifically designed and configured to allow hands-free listening
and talking, and is used in that manner while driving. A violation of
the Vehicle Code generally is an infraction.
This bill would prohibit a person from using a wireless telephone
or other communication device, as the bill would define that term,
during a vehicle stop made by a law enforcement officer for a
violation of the Vehicle Code, thereby creating a new infraction. If
a law enforcement officer makes a vehicle stop for a violation of the
Vehicle Code, the bill would also make it a
misdemeanor an infraction for a person in the
vehicle that is stopped to fail to comply with the officer's
direction to stop using a wireless telephone or other communication
device. The bill would exempt from its provisions a person using a
wireless telephone or other communication device for emergency
purposes or to record, tape, or otherwise film anything that
occurs during a traffic stop . By creating a new
infraction and a new misdemeanor new infractions
, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23126 is added to the Vehicle Code, to read:
23126. (a) If a law enforcement officer makes a vehicle stop for
a violation of this code, a person in the vehicle shall not use a
wireless telephone or other communication device while the vehicle is
stopped.
(b) If a law enforcement officer makes a vehicle stop for a
violation of this code, it is a misdemeanor
an infraction for a person in the vehicle that is stopped to
fail to comply with the officer's direction to stop using a wireless
telephone or other communication device.
(c) This section does not apply to a person using a wireless
telephone or other communication 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.
(d) This section shall not prohibit a person from using a wireless
telephone or other communication device to record, tape, or
otherwise film anything that occurs during a traffic stop.
(d)
(e) For purposes of this section, "communication device"
means a device that enables a person to communicate at the time of
the stop with a person outside of the vehicle.
SEC. 2. Section 40000.15 of the Vehicle Code is
amended to read:
40000.15. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating
to unlawfully towed or stored vehicles.
Sections 23103 and 23104, relating to reckless driving.
Section 23109, relating to speed contests or exhibitions.
Subdivision (a) of Section 23110, relating to throwing at
vehicles.
Subdivision (b) of Section 23126, relating to failing to comply
with a law enforcement officer's direction to stop using a wireless
telephone or other communication device.
Section 23152, relating to driving under the influence.
Subdivision (b) of Section 23222, relating to possession of
marijuana.
Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying an alcoholic beverage.
Section 23253, relating to directions on toll highways or
vehicular crossings.
Section 23332, relating to trespassing.
Section 24002.5, relating to unlawful operation of a farm labor
vehicle.
Section 24011.3, relating to vehicle bumper strength notices.
Section 27150.1, relating to sale of exhaust systems.
Section 27362, relating to child passenger seat restraints.
Section 28050, relating to true mileage driven.
Section 28050.5, relating to nonfunctional odometers.
Section 28051, relating to resetting odometers.
Section 28051.5, relating to devices to reset odometers.
Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
SEC. 3. SEC. 2. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
