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SB-737 Vehicles: electronic wireless communication devices: penalties.(2015-2016)



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, subdivision (a) of Section 23123.5, or 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 holding and operating a handheld wireless telephone or  using  an electronic wireless communications device unless the wireless telephone or  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,  operation to dictate, send, or listen to a text-based communication,  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) (b)  A handheld wireless telephone or  As used in this section, “write, send, or read a text-based communication” means using an  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: 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. 
(1) (c)  The handheld wireless telephone or  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 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. 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. 
(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 forty  dollars ($20) ($40)  for a first offense and fifty  one hundred  dollars ($50) ($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.
(f) 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.

SEC. 3.

 Section 23124 of the Vehicle Code is amended to read:

23124.
 (a) This section applies to a person under the age of 18 years. 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 a wireless telephone or an electronic wireless communications device,  device for any of the following,  even if equipped with a hands-free device. 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 this section  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.