Bill Text: CA AB2073 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2073 (Prior Session Legislation)

CA State Legislature page for AB2073

Bill Title: Vehicles: wireless telephones.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-04-25 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2073 Detail]

Download: California-2021-AB2073-Amended.html

Amended IN Assembly March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2073

Introduced by Assembly Member Patterson

February 14, 2022

~~An act to amend Section 12810.3 of the Vehicle Code, relating to driver’s licenses.~~ An act to amend Sections 23123 and 23123.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2073, as amended, Patterson. ~~Driver records: points: distracted driving courses.~~ Vehicles: wireless telephones.

Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law prohibits a person from driving a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. Existing law makes a violation of these prohibitions an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense.
Existing law, except as specified, generally makes a violation of any provision of the Vehicle Code an infraction punishable by a fine not exceeding $100, a fine not exceeding $200 for a second infraction, and a fine not exceeding $250 for a third or subsequent infraction, as specified.
This bill would delete the $20 fine for a first offense and $50 fine for a subsequent offense structure for a violation of the above-described prohibitions, and would therefore make a violation of those provisions subject to the general fine structure for violations of any provision in the Vehicle Code.
Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
Existing law requires that specified convictions, violations, and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law also generally provides that traffic convictions involving the safe operation of a motor vehicle result in a violation point. Existing law makes an electronic device violation that occurs within 36 months of a prior conviction for the same offense subject to a violation point against the driver’s record.
This bill would provide that a violation point would not be given for an electronic device violation under those circumstances if the driver successfully completes a distracted driving course that has been approved by the department.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 23123 of the Vehicle Code is amended to read:

23123.

(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

~~(b)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.~~
~~(c)~~

(b) This section does not apply to a person using a wireless telephone 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)~~

(c) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of ~~his or her~~ the emergency services professional’s duties.

~~(e)~~

(d) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

~~(f)~~

(e) This section does not apply to a person while driving a motor vehicle on private property.

~~(g)This section shall become operative on July 1, 2011.~~

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 holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

~~(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)~~

(d) 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~~ the emergency services professional’s duties.

~~(f)~~

(e) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager.

SECTION 1.Section 12810.3 of the Vehicle Code is amended to read:
12810.3.
(a)Notwithstanding subdivision (f) of Section 12810, a violation point shall be given only for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124, occurring on or after July 1, 2021, that occurs within 36 months of a prior conviction for the same offense.
~~(b)A violation point shall not be given for a violation described in subdivision (a) if the driver successfully completes a distracted driving course that has been approved by the department.~~