Bill Text: CA AB313 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 313 (Prior Session Legislation)

Introduced

Bill Title: Vehicles: electronic wireless communications devices: prohibitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB313 Detail]

Download: California-2013-AB313-Introduced.html

BILL NUMBER: AB 313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 12, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 313, as introduced, Frazier. Vehicles: electronic wireless
communications devices: prohibitions.
   Under existing law, a person is prohibited from driving a motor
vehicle while using an electronic wireless communications device to
write, send, or read a text-based communication, unless the person is
using 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. A
violation of this provision is an infraction.
   This bill would delete the exception to that prohibition for the
use, while driving, of 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. The bill would make a related statement of legislative
intent regarding distracted driving. By expanding the scope of a
crime, this bill would impose a state-mandated local program.
   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.  The Legislature finds and declares all of the
following:
   (a) Distracted driving is a dangerous epidemic on America's
roadways. In 2011, more than 3,300 people were killed in crashes
involving a distracted driver. Approximately 400,000 people were
injured in motor vehicle crashes involving a distracted driver.
   (b) New research published in 2012 indicates that the increase in
cognitive load and decrease in working memory when talking or texting
while driving increases crash risk significantly.
   (c) Driving while using a cell phone reduces the amount of brain
activity associated with driving by 37 percent.
   (d) Eleven percent of all drivers under 20 years of age involved
in fatal crashes were reported as distracted at the time of the
crash.
   (e) A vast majority of research suggests that there is no
difference in the crash risk of hand-held or voice-operated devices.
Furthermore, no study has determined that texting while driving is
safe.
   (f) Drivers are four times more likely to crash while talking
hands free on a phone, which is the same crash risk as driving with a
blood alcohol content of 0.08.
   (g) Sending or receiving a text takes a driver's eyes from the
road for an average of 4.6 seconds, which, at 60 miles per hour, is
the equivalent of driving the length of a football field blind.
   (h) Text messaging while driving creates a crash risk of 8 to 23
times that of driving while not distracted.
   (i) Nine out of ten drivers support laws that ban texting.
  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 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.
  SEC. 3.  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.