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.