Bill Text: CA SB737 | 2015-2016 | Regular Session | Amended

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Bill Title: Vehicles: electronic wireless communication devices: penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB737 Detail]

Download: California-2015-SB737-Amended.html

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BILL NUMBER: SB 737	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2015

INTRODUCED BY   Senator Stone

                        FEBRUARY 27, 2015

   An act to amend Sections 12810.3, 23123.5, and 23124 of the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 737, as amended, Stone. Vehicles: electronic wireless
communication devices: penalties.
   Under existing law, it is an infraction for any person to drive a
motor vehicle while using an electronic wireless communications
device to write, send, or read a text-based communication, unless the
device is configured to allow hands-free operation. A person under
18 years of age is prohibited from driving a motor vehicle while
using an electronic wireless communications device, even if equipped
with a hands-free device. Under existing law, a violation of these
provisions is an infraction punishable by a fine of $20 for a first
offense and $50 for each subsequent offense, but does not result in
the assessment of a violation point against the driver's record for
purposes of suspension or revocation of the privilege to drive.
   This bill would require that one point be assessed for a violation
of the prohibitions on driving a motor vehicle while using an
electronic wireless communications device to write, send, or read a
text-based communication. This bill would also increase the base fine
to $40 for a first offense and to $100 for each subsequent offense.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 12810.3 of the Vehicle Code is amended to read:

   12810.3.  Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123 or paragraph (1)  or (3) 
of subdivision (b) of Section 23124.
  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   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 forty dollars ($40) for a first offense and one hundred
dollars ($100) 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.  Section 23124 of the Vehicle Code is amended to read:
   23124.  (a) This section applies to a person under 18 years of
age.
   (b) Notwithstanding Sections 23123 and 23123.5, a person described
in subdivision (a) shall not drive a motor vehicle while using
 either of the following,   a wireless telephone
or an electronic wireless communications device for any of the
following,  even if equipped with a hands-free device: 
   (1) A wireless telephone.  
   (2) An electronic wireless communications device.  
   (1) Verbal communication.  
   (2) Writing, sending, or reading a text-based communication. 

   (3) Any use other than those described in paragraphs (1) and (2).

   (c) (1) A violation of paragraph (1)  or (3)  of
subdivision (b) is an infraction punishable by a base fine of twenty
dollars ($20) for a first offense and fifty dollars ($50) for each
subsequent offense.
   (2) A violation of paragraph (2) of subdivision (b) is an
infraction punishable by a base fine of forty dollars ($40) for a
first offense and one hundred dollars ($100) for each subsequent
offense.
   (d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).
   (e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123 or 23123.5.
   (f) This section does not apply to a person using a wireless
telephone or a mobile service 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.
   (g) For the purposes of this section, "electronic wireless
communications device" includes, but is not limited to, a broadband
personal communication device, specialized mobile radio device,
handheld device or laptop computer with mobile data access, pager,
and two-way messaging device.