Frazier Introduces Bill to Help Prevent Cell Phone Related Deaths and Injuries

Sacramento, CA – Assemblymember Jim Frazier (D – Oakley) has introduced a bill to make drivers think twice about picking up their cell phones while driving. Assembly Bill 1555 will increase penalties for drivers who kill or cause a person bodily harm while talking or texting without a hands free setup.

“I care about safety,” said Assemblymember Frazier. “If a driver knowingly commits an illegal act that results in the death or injury of another person, that driver should face the consequences.”

In 2012, 3,328 people were killed throughout the country in distraction related collisions and nearly half a million people were injured in crashes that involved distracted drivers. In all these cases the drivers took their attention away from the task of driving, and put others in life-threatening situations. According to the California Office of Traffic Safety, cellphone use while driving is now the leading cause of “driver distraction” crashes in California and has been shown to be as dangerous as drunk driving.

“The California Police Chief Association applauds Assemblymember Frazier for his leadership on traffic safety,” said John Lovell, Legislative Advocate. “This bill is a smart strategy to address the very real problem caused when drivers are too distracted by texting to pay attention.”

“People are making a choice while driving a car,” said President Mike Durant of the Peace Officers Research Association of California (PORAC). “They must respect the safety of others and pay attention to the road. We cannot tolerate the use a handheld device while driving. PORAC fully supports Assemblymember Frazier’s efforts with AB 1555.”

To contact Assemblymember Jim Frazier please visit his website at http://www.asmdc.org/members/a11/ or call his District Offices at 707-399-3011 or 925-778-5790.

Follow Assemblymember Jim Frazier on Facebook and “Like” him for updates on events and happenings in the 11th AD.

Here is a look at AB 1555

An act to amend Section 193 of the Penal Code, and to amend Sections 21070 and 42001.19 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1555, as introduced, Frazier. Vehicular manslaughter: great bodily injury: driving while using wireless device.

(1) Existing law makes it an infraction to drive a motor vehicle while using a wireless telephone unless the telephone is designed and configured to allow hands-free listening and talking. Existing law makes it an infraction to drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the wireless communications device is designed and configured to allow voice-operated and hands-free operation. Existing law makes it an infraction for a person under the age or 18 years to drive a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device.

Under existing law, vehicular manslaughter with gross negligence is punishable either by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 2, 4, or 6 years. Under existing law, vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year.

This bill would make vehicular manslaughter without gross negligence committed during the course of a violation of the above prohibitions on driving a motor vehicle while using a wireless telephone, electronic wireless communications device, or mobile service device, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, and would make vehicular manslaughter with gross negligence under these circumstances punishable by imprisonment in the state prison for 4, 6, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

(2) Under existing law, any driver who violates certain specified provisions of law, including the above prohibitions on driving a motor vehicle while using a wireless telephone, electronic wireless communications device, or mobile service device, and as a result of that violation proximately causes bodily injury or great bodily injury is guilty of the public offense of unsafe operation of a motor vehicle with bodily injury or great bodily injury. Under existing law, a violation involving bodily injury is punishable by a fine of $70, and a violation involving great bodily injury is punishable by a fine of $95.

This bill would make unsafe operation of a motor vehicle with bodily injury or great bodily injury involving a violation of the above prohibitions on driving a motor vehicle while using a wireless telephone, electronic wireless communications device, or mobile service device punishable by imprisonment in a county jail for not less than 30 days, but not more than 6 months, and a fine not to exceed $1,000 for a violation involving bodily injury, and by imprisonment in a county jail for not less than 90 days, but not more than one year, and a fine not to exceed $1,000 for a violation involving great bodily injury. By increasing the punishment for a crime, this 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.

3 comments

Patti gardner Jan 30, 2014 - 9:05 am

I agree with you it’s not only kid’s I see a lot of women and men talking and dialing its just not a safe thing to do whats sad is they will most likely kill someone else and not them that’s not if anyone has to die let it be the person using.the phone.

joe blow from idaho Jan 30, 2014 - 12:54 pm

Its not holding the phone up to your ear that is the problem, IT’S THE DISTRACTION OF A PERSON TALKING ON THE PHONE.

KB Jan 31, 2014 - 12:07 am

Enough is enough, laws can’t solve all our problems!

Comments are closed.

Frazier Introduces Bill to Help Prevent Cell Phone Related Deaths and Injuries

LEGISLATIVE COUNSEL’S DIGEST

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