BOLT of California

BILL NUMBER: SB 1021 SIGNED INTO LAW
BILL TEXT

PASSED THE SENATE AUGUST 22, 2006
PASSED THE ASSEMBLY AUGUST 17, 2006

INTRODUCED BY Senator Bowen
(Coauthor: Assembly Member Garcia)

FEBRUARY 22, 2005

An act to amend Sections 1656.3, 11219.3, and 42001 of, and to add
Sections 21070, 42001.19, and 42002.1 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 1021, Bowen Vehicles: safety: infractions.
(1) Existing law requires the Department of Motor Vehicles to
include within the California Driver's Handbook language regarding
rail transit safety and the abandonment or dumping of an animal on a
highway.
This bill, additionally, would require the department to include
in the handbook language regarding the importance of respecting the
right-of-way of others, particularly pedestrians, bicycle riders, and
motorcycle riders; and would provide that, in order to minimize the
costs, this new language shall be initially included at the earliest
opportunity when the handbook is otherwise revised or reprinted.
(2) Existing law requires the Director of Motor Vehicles to
prescribe rules and regulations for traffic violator schools
regarding, among other things, the conduct of courses of education
including the curriculum. Existing law requires that curriculum to
include the rights and duties of motorists as they pertain to
pedestrians and the rights and duties of pedestrians as they pertain
to traffic laws and traffic safety.
This bill, additionally, would require that curriculum to include
information that emphasizes respecting the right-of-way of others,
particularly with respect to pedestrians, bicycle riders, and
motorcycle riders.
(3) Under existing law, it is generally an infraction punishable
by a fine not exceeding $100 for a driver to violate the traffic laws
of this state.
This bill would create the public offense of unsafe operation of a
motor vehicle with bodily injury or great bodily injury, as defined,
and would impose a fine of $70 if bodily injury is involved and $95
if great bodily injury is involved.
Because this bill would create a new crime, the bill would impose
a state-mandated local program.
(4) 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.

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

SECTION 1. Section 1656.3 of the Vehicle Code is amended to read:

1656.3. (a) The department shall include within the California Driver's Handbook,
as specified in subdivision (b) of Section 1656, language regarding each of the
following:
(1) Rail transit safety.
(2) Abandonment or dumping of any animal on a highway.
(3) The importance of respecting the right-of-way of others,
particularly pedestrians, bicycle riders, and motorcycle riders.
(b) In order to minimize costs, the language referred to in
paragraphs (2) and (3) of subdivision (a) shall be initially included
at the earliest opportunity when the handbook is otherwise revised
or reprinted.

SEC. 2. Section 11219.3 of the Vehicle Code is amended to read:
11219.3. The curriculum prescribed pursuant to Section 11219
shall include, but is not limited to, the following:
(a) The rights and duties of a motorist as they pertain to pedestrians.
(b) The rights and duties of a pedestrian as they relate to traffic laws and traffic
safety.
(c) Information that emphasizes respecting the right-of-way of others,
particularly with respect to pedestrians, bicycle riders, and
motorcycle riders.

SEC. 3. Section 21070 is added to the Vehicle Code, to read:
21070. Notwithstanding any other provision of law, a driver who
violates any provision of this division, that is punishable as an
infraction, and as a result of that violation proximately causes
bodily injury or great bodily injury, as defined in Section 12022.7
of the Penal Code, to another person is guilty of the public offense
of unsafe operation of a motor vehicle with bodily injury or great
bodily injury. That violation is punishable as an infraction pursuant to Section
42001.19.

SEC. 4. Section 42001 of the Vehicle Code is amended to read:
42001. (a) Except as provided in this code, a person convicted of
an infraction for a violation of this code or of a local ordinance
adopted pursuant to this code shall be punished as follows:
(1) By a fine not exceeding one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(3) For a third or a subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine not exceeding two hundred fifty dollars ($250).
(b) A pedestrian convicted of an infraction for a violation of
this code or a local ordinance adopted pursuant to this code shall be
punished by a fine not exceeding fifty dollars ($50).
(c) A person convicted of a violation of subdivision (a) or (b) of
Section 27150.3 shall be punished by a fine of two hundred fifty
dollars ($250), and a person convicted of a violation of subdivision
(c) of Section 27150.3 shall be punished by a fine of one thousand
dollars ($1,000).
(d) Notwithstanding any other provision of law, a local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction. A fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation. If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.

SEC. 5. Section 42001.19 is added to the Vehicle Code, to read:
42001.19. Notwithstanding any other provision of law, a person
convicted of a violation of Section 21070 is punishable, as follows:

(a) For a violation involving bodily injury, by a fine of seventy dollars ($70).
(b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars ($95).

SEC. 6. Section 42002.1 is added to the Vehicle Code, to read:
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.

SEC. 7. 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.

BILL NUMBER: AB 1581        Signed Into Law By Governor October 9, 2007
  BILL TEXT

  PASSED THE SENATE AUGUST 27, 2007
  PASSED THE ASSEMBLY AUGUST 30, 2007
  AMENDED IN SENATE JULY 12, 2007

INTRODUCED BY   Assembly Member Fuller

FEBRUARY 23, 2007

An act to add and repeal Section 21450.5 of the Vehicle Code,
relating to vehicles.

  LEGISLATIVE COUNSEL'S DIGEST

AB 1581, Fuller. Traffic-actuated signals: bicycles: motorcycles.
(1) Existing law provides for official traffic control devices.
This bill would include as an official traffic control device a
traffic-actuated signal that displays one or more of its indications
in response to the presence of traffic detected by mechanical, visual, electrical,
or other means. Upon the first placement of a traffic-actuated signal or
replacement of the loop detector of a
traffic-actuated signal, the signal would have to be installed and
maintained, to the extent feasible and in conformance with professional
engineering practices, so as to detect lawful bicycle or motorcycle traffic on the
roadway.
Cities and counties would not be required to comply with those requirements
until the Department of
Transportation has established uniform standards, specifications, and guidelines
for the
detection of bicycles and motorcycles by traffic-actuated signals and related
signal timing.
The Commission on State Mandates would be required to consult with the
Department of Transportation regarding mandate claims relating to these
provisions.
This bill would provide that its provisions would remain in effect until January 1,
2018, and would be repealed on that date. By imposing new duties on local
government, this bill would impose a
state-mandated local program upon local governments.
(2) 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, if the Commission on State Mandates determines
that the bill contains costs mandated by the state, reimbursement for those costs
shall be made
pursuant to these statutory provisions.

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

SECTION 1. (a) The Legislature hereby finds and declares the following:
(1) Bicyclists and motorcyclists are legitimate users of roadways in California.
(2) Traffic-actuated signals that do not detect bicycle or
motorcycle traffic pose a danger to law-abiding bicyclists and motorcyclists.
(b) It is the intent of the Legislature in enacting this act to better protect
law-abiding bicyclists and motorcyclists.
SEC. 2. Section 21450.5 is added to the Vehicle Code, to read:
21450.5. (a) A traffic-actuated signal is an official traffic
control signal, as specified in Section 445, that displays one or more of its
indications in response to the presence of traffic detected by mechanical, visual,
electrical, or other means.
(b) Upon the first placement of a traffic-actuated signal or replacement of the
loop detector of a traffic-actuated signal, the traffic-actuated signal shall, to the
extent feasible and in
conformance with professional traffic engineering practice, be
installed and maintained so as to detect lawful bicycle or motorcycle traffic on the
roadway.
(c) Cities, counties, and cities and counties shall not be required to comply with
the provisions contained in subdivision (b) until the Department of
Transportation, in consultation with these
entities, has established uniform standards, specifications, and guidelines for the
detection of
bicycles and motorcycles by traffic-actuated signals and related signal timing.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 3. The Commission on State Mandates shall consult with the
Department of Transportation when it develops parameters and
guidelines for any mandate claim arising from the enactment of these
provisions to ensure that eligible reimbursement is limited solely to
the incremental costs of installing sensor wiring that can detect bicycle or
motorcycle traffic.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.