BILL NUMBER: AB 1785   CHAPTERED
        BILL TEXT

        CHAPTER  660
        FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2016
        APPROVED BY GOVERNOR  SEPTEMBER 26, 2016
        PASSED THE SENATE  AUGUST 17, 2016
        PASSED THE ASSEMBLY  AUGUST 23, 2016
        AMENDED IN SENATE  AUGUST 3, 2016
        AMENDED IN SENATE  JUNE 30, 2016
        AMENDED IN ASSEMBLY  MAY 27, 2016
        AMENDED IN ASSEMBLY  APRIL 5, 2016
        AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Quirk
   (Coauthor: Assembly Member Frazier)

                        FEBRUARY 4, 2016

   An act to repeal and add Section 23123.5 of the Vehicle Code,
relating to vehicles.

        LEGISLATIVE COUNSEL'S DIGEST

   AB 1785, Quirk. Vehicles: use of wireless electronic devices.
   Existing law prohibits a person from driving a motor vehicle while
using an electronic wireless communications device to write, send,
or read a text-based communication, as defined, unless the electronic
wireless communications device is specifically designed and
configured, and is used, to allow voice-operated and hands-free
operation, as specified. A violation of these provisions is an
infraction.
   This bill would instead prohibit a person from driving a motor
vehicle while holding and operating a handheld wireless telephone or
a wireless electronic communication device, as defined. The bill
would authorize a driver to operate a handheld wireless telephone or
a wireless electronic communications device in a manner requiring the
use of the driver's hand only under specified conditions. By
changing the definition of a crime, the 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.

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

  SECTION 1.  Section 23123.5 of the Vehicle Code is repealed.
  SEC. 2.  Section 23123.5 is added to the Vehicle Code, 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) 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.
   (f) For the purposes of this section, "electronic wireless
communications device" includes, but is not limited to, a broadband
personal communication device, a specialized mobile radio device, a
handheld device or laptop computer with mobile data access, a pager,
or a two-way messaging device.
  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.