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AB-276 Vehicles: electronic wireless communication devices.(2023-2024)

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Date Published: 03/13/2023 02:00 PM
AB276:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 276

Introduced by Assembly Member Dixon

January 23, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


AB 276, as amended, Dixon. Vehicles: electronic wireless communication devices.
Under existing law, it is an infraction for a person to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device, unless the device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. Notwithstanding those provisions, existing law makes it an infraction for a person under 18 years of age to drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
This bill would instead make it an infraction for a person under 21 years of age to drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device. The bill would create an exception to that prohibition for a person 18 to 20 years of age, inclusive, who is using a wireless telephone or an electronic wireless communications device, as defined, while driving, when the telephone or device is used exclusively as required by, and in the course and scope of, the person’s work activities. By expanding the scope of an existing 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 21 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, 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. A person cited for a violation of Section 23123 or 23123.5 shall not be cited for a violation of this section.
(f) (1) 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.
(2) This section does not apply to a person 18 to 20 years of age, inclusive, using a wireless telephone or an electronic wireless communications device while driving, when the telephone or device is used exclusively as required by, and in the course and scope of, the person’s work activities. A person subject to this paragraph shall comply with Sections 23123 and 23123.5.
(g) The following definitions apply for purposes of this section:
(1) “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.
(2) “Using a wireless telephone or an electronic wireless communications device” means the wireless telephone or electronic wireless communications device is operating and is located in the motor vehicle with the screen or display visible to the driver.

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.