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AB-47 Driver records: points: distracted driving.(2019-2020)

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Date Published: 05/17/2019 04:00 AM
AB47:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  January 23, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 47

Introduced by Assembly Members Daly and Frazier Member Daly

December 03, 2018

An act to amend Section 12810 of, and to amend and repeal Section 12810.3 of, 12810.3 of the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 47, as amended, Daly. Driver records: points: distracted driving.
Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law also generally provides that traffic convictions involving the safe operation of a motor vehicle result in a violation point. Existing law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.
This bill would abolish that exemption for violations occurring on or after January 1, 2021, and would expressly make instead make only those electronic device violations that occur within 36 months of a prior conviction for the same offense subject to a violation point against the driver’s record.

Existing law prohibits a person from driving a schoolbus or transit vehicle, as defined, while using a wireless telephone.

This bill would make a violation of that prohibition occurring on or after January 1, 2021, subject to a violation point against the driver’s record.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 12810 of the Vehicle Code is amended to read:
12810.

In determining the violation point count, the following shall apply:

(a)A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.

(b)A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.

(c)A conviction of reckless driving shall be given a value of two points.

(d)(1)A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.

(2)A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.

(3)A violation of Section 23123, 23123.5, 23124, or 23125 occurring on or after January 1, 2021, that results in a conviction shall be given a value of one point.

(e)A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

(f)Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.

(g)A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

(h)A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.

(i)(1)A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

(2)A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.

(3)A violation of subdivision (d) of Section 21712 shall not result in a violation point count.

(4)A violation of Section 23136 shall not result in a violation point count.

(5)A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.

(j)A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.

SEC. 2.SECTION 1.

 Section 12810.3 of the Vehicle Code is amended to read:

12810.3.
 (a)Notwithstanding subdivision (f) of Section 12810, a violation point shall not be given only for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124. 23124 that occurs within 36 months of a prior conviction for the same offense.

(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.