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Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
PASSED THE SENATE JUNE 28, 2012
PASSED THE ASSEMBLY MAY 7, 2012
AMENDED IN ASSEMBLY MAY 3, 2012

INTRODUCED BY Assembly Member Miller

JANUARY 24, 2012

An act to amend Section 23123.5 of the Vehicle Code, relating to
vehicles.



LEGISLATIVE COUNSEL'S DIGEST


AB 1536, Miller. Vehicles: electronic wireless communications:
prohibitions.
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, except as specified.
This bill would remove that prohibition if the person is using an
electronic wireless communications device that is specifically
designed and configured to allow voice-operated and hands-free
operation to dictate, send, or listen to a text-based communication,
and it is used in that manner while driving.


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

SECTION 1. Section 23123.5 of the Vehicle Code is amended to read:

23123.5. (a) A person shall not drive 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 to dictate, send, or
listen to a text-based communication, and it is used in that manner
while driving.
(b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device 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.
(c) 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 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.
(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.