BILL NUMBER: SB 1924	CHAPTERED
	BILL TEXT

	CHAPTER  475
	FILED WITH SECRETARY OF STATE  SEPTEMBER 11, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2002
	PASSED THE SENATE  AUGUST 29, 2002
	PASSED THE ASSEMBLY  AUGUST 20, 2002
	AMENDED IN ASSEMBLY  JUNE 25, 2002
	AMENDED IN SENATE  APRIL 11, 2002

INTRODUCED BY   Senator O'Connell
   (Coauthor:  Senator Speier)
   (Coauthor:  Assembly Member Dutra)

                        FEBRUARY 22, 2002

   An act to amend Section 21212 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1924, O'Connell.  Vehicles.
   Existing law requires a person under 18 years of age to wear a
properly fitted and fastened bicycle helmet while operating a bicycle
or riding upon a bicycle as a passenger upon the streets or any
other public bicycle path.
   This bill would also require that persons under 18 years of age
wear a helmet while operating a nonmotorized scooter or skateboard,
while wearing in-line or roller skates, or while riding upon a
nonmotorized scooter or skateboard as a passenger.  Because this bill
would expand the scope of an existing crime, it 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.


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


  SECTION 1.  Section 21212 of the Vehicle Code is amended to read:
   21212.  (a) A person under 18 years of age shall not operate a
bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear
in-line or roller skates, nor ride upon a bicycle, a nonmotorized
scooter, or a skateboard as a passenger, upon a street, bikeway, as
defined in Section 890.4 of the Streets and Highways Code, or any
other public bicycle path or trail unless that person is wearing a
properly fitted and fastened bicycle helmet that meets the standards
of either the American Society for Testing and Materials (ASTM) or
the United States Consumer Product Safety Commission (CPSC), or
standards subsequently established by those entities.  This
requirement also applies to a person who rides upon a bicycle while
in a restraining seat that is attached to the bicycle or in a trailer
towed by the bicycle.
   (b) Any helmet sold or offered for sale for use by operators and
passengers of bicycles, nonmotorized scooters, skateboards, or
in-line or roller skates shall be conspicuously labeled in accordance
with the standard described in subdivision (a) which shall
constitute the manufacturer's certification that the helmet conforms
to the applicable safety standards.
   (c) No person shall sell, or offer for sale, for use by an
operator or passenger of a bicycle, nonmotorized scooter, skateboard,
or in-line or roller skates any safety helmet which is not of a type
meeting requirements established by this section.
   (d) Any charge under this subdivision shall be dismissed when the
person charged alleges in court, under oath, that the charge against
the person is the first charge against that person under this
subdivision, unless it is otherwise established in court that the
charge is not the first charge against the person.
   (e) Except as provided in subdivision (d), a violation of this
section is an infraction punishable by a fine of not more than
twenty-five dollars ($25).
   The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this section shall be
jointly and severally liable with the minor for the amount of the
fine imposed pursuant to this subdivision.
   (f) Notwithstanding Section 1463 of the Penal Code or any other
provision of law, the fines collected for a violation of this section
shall be allocated as follows:
   (1) Seventy-two and one-half percent of the amount collected shall
be deposited in a special account of the county health department,
to be used for bicycle, nonmotorized scooter, skateboard, and in-line
and roller skate safety education and for assisting low-income
families in obtaining approved bicycle helmets for children under the
age of 18 years, either on a loan or purchase basis.  The county may
contract for the implementation of this program, which, to the
extent practicable, shall be operated in conjunction with the child
passenger restraint program pursuant to Section 27360.
   (2) Two and one-half percent of the amount collected shall be
deposited in the county treasury to be used by the county to
administer the program described in paragraph (1).
   (3) If the violation occurred within a city, 25 percent of the
amount collected shall be transferred to and deposited in the
treasury of that city.  If the violation occurred in an
unincorporated area, this 25 percent shall be deposited and used
pursuant to paragraph (1).
  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.