Bill Text: CA SB194 | 2013-2014 | Regular Session | Introduced

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

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State. Chapter 754, Statutes of 2013. [SB194 Detail]

Download: California-2013-SB194-Introduced.html

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BILL NUMBER: SB 194	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Galgiani

                        FEBRUARY 7, 2013

   An act to amend Section 23124 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 194, as introduced, Galgiani. Vehicles: electronic wireless
communications device: prohibitions.
   Existing law prohibits a person from using a wireless telephone
while driving unless the telephone is specifically designed and
configured to allow hand-free listening and talking, and is used in
that manner while driving. Existing law also prohibits a person from
driving 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, as specified. Under existing law, a person who
is under 18 years of age is prohibited from using a wireless
telephone, even if equipped with a hands-free device, or using a
mobile service device, as defined, while driving. A violation of
these provisions is an infraction.
   This bill would prohibit a person who is under 18 years of age
from using an electronic wireless communications device, as defined,
even if it is equipped with a hands-free device. 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.  Section 23124 of the Vehicle Code is amended to read:
   23124.  (a) This section applies to a person under the age of 18
years.
   (b) Notwithstanding  Section   Sections 
23123  and 23123.5  , a person described in subdivision (a)
shall not drive a motor vehicle while using a wireless telephone
 , even if equipped with a hands-free device, or while using
a mobile service device   or an electronic wireless
communications device, even if equipped with a hands-free device
 .
   (c) 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.
   (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,  "mobile service
device"   "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. 
   (h) This section shall become operative on July 1, 2008. 

  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.