BILL NUMBER: SB 1300	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 16, 2006

   An act to amend, repeal, and add Section 40518 to, and to add and
repeal Section 22368 of, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1300, as introduced, Kuehl  Vehicles: Mobile photo radar speed
enforcement.
   (1) Existing law authorizes the equipping, by governmental
agencies, in cooperation with law enforcement agencies, of automated
enforcement systems, as defined, provides a special procedure in
connection with certain alleged violations recorded by an automated
enforcement system, and limits the availability of photographic
records to the purposes of the law.
   This bill would authorize the City of Beverly Hills with the
oversight of the local law enforcement agency, to establish by
ordinance, a pilot project utilizing a mobile photo radar speed
enforcement system, as defined, for purposes of enforcing certain
speed laws in a residence district or a school zone, as those terms
are defined by other provisions of law. The bill would require the
City of Beverly Hills, if it establishes the pilot project, to submit
to the Legislature, on or before July 1, 2010, a report prepared by
an independent qualified contractor on the efficacy of the mobile
photo radar speed enforcement system in reducing speeding and
improving traffic safety in residential districts and school zones.
   This bill would provide that its provisions would only remain in
effect until January 1, 2011, and as of that date would be repealed.

   (2) Existing law provides special written, mailed notice to appear
procedures in connection with certain alleged violations recorded by
an automated enforcement system.
   This bill would expressly apply the above until January 1, 2012,
to certain alleged violations recorded by a mobile photo radar speed
enforcement system utilized by the pilot project described in (1).
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 22368 is added to the Vehicle Code, to read:
   22368.  (a) The City of Beverly Hills may, by ordinance, establish
a pilot project utilizing a mobile photo radar speed enforcement
(MPRSE) system for speed enforcement that does all of the following:

   (1) Identifies clearly the presence of the MPRSE system by signs
that are visible to traffic entering the street on which the MPRSE
system is utilized.
   (2) Identifies, with distinctive markings, the vehicle containing
the MPRSE equipment.
   (3) Provides notice to drivers that a photographic record may have
been taken when the driver passes the vehicle containing the MPRSE
system.
   (4) Utilizes the system for speed enforcement in areas that meet
the following criteria:
   (A) In a residence district, as defined in Section 515, with a
speed limit that is no greater than 25 miles per hour.
   (B) In a school zone, as defined in paragraph (2) of subdivision
(b) of Section 40802.
   (5) (A) Utilizes a peace officer or public officer who is properly
trained in the use of the photo radar equipment and photographic
equipment, and radar, laser, or other electronic devices; the
enforcement of traffic and speeding laws; and is present at the time
of the alleged violation.
   (B) For the purpose of this section, a public officer is a person
who is trained in speed enforcement pursuant to subparagraph (C) and
is authorized by local ordinance to enforce speeding laws through the
operation of the MPRSE system.
   (C) For the purposes of subparagraph (A), a peace officer or
public officer is considered properly trained if he or she
successfully completed both of the following:
   (i) Either a radar operator course approved and certified by the
Commission on Peace Officer Standards and Training of not less than
24 hours on the use of a police traffic radar, laser, or other
electronic device, or an operator course meeting equivalent
standards.
   (ii) A minimum of 24 hours of speed enforcement training conducted
by a local law enforcement agency.
   (b) Prior to enforcing speed and traffic laws under the pilot
project, the City of Beverly Hills shall do both of the following:
   (1) Make a public announcement of the system at least 30 days
following the installation of the signs under paragraph (1) of
subdivision (a).
   (2) Issue only warning notices for the first 30 days of
enforcement under the pilot project.
   (c) The City of Beverly Hills with the oversight of the local law
enforcement agency, may operate an MPRSE system pursuant to this
section. As used in this subdivision, "operate" includes all of the
following activities:
   (1) Develops uniform guidelines for the following:
   (A) The selection of locations where the system will be utilized.
The guidelines for the selection shall include, but are not limited
to, consideration of demonstrated community involvement and support,
and demonstrated need for traffic calming devices.
   (B) The screening and issuing of citations.
   (C) The processing and storage of confidential information.
   (D) The establishment of procedures to ensure compliance with the
guidelines.
   (2) Performs administrative and day-to-day functions, including,
but not limited to, all of the following:
   (A) Certifies that the equipment is properly installed and
calibrated, and is operating properly, which means that, at a
minimum, the radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
   (B) Ensures that the equipment is regularly inspected.
   (C) Inspects and maintains regularly warning signs placed pursuant
to paragraph (1) of subdivision (a).
   (D) Maintains controls necessary to ensure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators.
   (d) (1) Notwithstanding Section 6253 of the Government Code, or
any other provision of law, photographic records made by an MPRSE
system shall be confidential, and shall be made available only to
governmental agencies and law enforcement agencies and only for the
purposes of enforcing this article.
   (2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this article shall
be held confidential and shall not be used for any other purpose.
   (3) Except for court records described in Section 68152 of the
Government Code, the confidential records and information described
in paragraphs (1) and (2) may be retained for up to six months from
the date the information was first obtained, or until final
disposition of the citation, whichever date is later, after that time
the information shall be destroyed in a manner that will preserve
the confidentiality of a person included in the record or
information.
   (e) The registered owner or an individual identified by the
registered owner as the driver of the vehicle at the time of the
alleged violation shall be permitted to review the photographic
evidence establishing the alleged violation.
   (f) A contract between a local authority and a manufacturer or
supplier of mobile photo radar enforcement equipment shall not
include provision for the payment or compensation to the manufacturer
or supplier based on the number of citations generated, or as a
percentage of the revenue generated, as a result of the use of the
equipment authorized under this section.
   (g) As used in this section, the term "mobile photo radar speed
enforcement system" or "MPRSE system" means a mobile radar system
operated by a peace officer or public officer that utilizes automated
equipment to detect a violation of speeding laws and is designed to
obtain a clear photograph of a vehicle's license plate and the driver
of the vehicle.
   (h) If the City of Beverly Hills establishes a MPRSE pilot project
pursuant to this section, notwithstanding Section 7550.5 of the
Government Code, the city shall, on or before July 1, 2010, submit to
the Legislature a report prepared by an independent qualified
contractor providing an evaluation of the MPRSE pilot project. The
report shall provide data relative to the efficacy of the MPRSE
system in reducing speeding and improving traffic safety in
residential neighborhoods and school zones. The contractor shall make
the report available to the public and request public comments from
any interested parties prior to the final production of the report
and submittal to the Legislature.
   (i) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 2.  Section 40518 of the Vehicle Code is amended to read:
   40518.  (a) Whenever a written notice to appear has been issued by
a peace officer or by a qualified employee of a law enforcement
agency on a form approved by the Judicial Council for an alleged
violation of Section 22451, or, based on an alleged violation of
Section 21453, 21455, or 22101 recorded by an automated enforcement
system pursuant to Section 21455.5 or 22451,  or, based on an
alleged violation of Section 22352 recorded by a mobile photo radar
speed enforcement system pursuant to Section 22368,  and
delivered by mail within 15 days of the alleged violation to the
current address of the registered owner of the vehicle on file with
the department, with a certificate of mailing obtained as evidence of
service, an exact and legible duplicate copy of the notice when
filed with the magistrate shall constitute a complaint to which the
defendant may enter a plea. Preparation and delivery of a notice to
appear pursuant to this section is not an arrest.
   (b) A notice to appear shall contain the name and address of the
person, the license plate number of the person's vehicle, the
violation charged, including a description of the offense, and the
time and place when, and where, the person may appear in court or
before a person authorized to receive a deposit of bail. The time
specified shall be at least 10 days after the notice to appear is
delivered.  
   (c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.  
  SEC. 3.  Section 40518 is added to the Vehicle Code, to read:
   40518.  (a) Whenever a written notice to appear has been issued by
a peace officer or by a qualified employee of a law enforcement
agency on a form approved by the Judicial Council for an alleged
violation of Section 22451, or, based on an alleged violation of
Section 21453, 21455, or 22101 recorded by an automated enforcement
system pursuant to Section 21455.5 or 22451, and delivered by mail
within 15 days of the alleged violation to the current address of the
registered owner of the vehicle on file with the department, with a
certificate of mailing obtained as evidence of service, an exact and
legible duplicate copy of the notice when filed with the magistrate
shall constitute a complaint to which the defendant may enter a plea.
Preparation and delivery of a notice to appear pursuant to this
section is not an arrest.
   (b) A notice to appear shall contain the name and address of the
person, the license plate number of the person's vehicle, the
violation charged, including a description of the offense, and the
time and place when, and where, the person may appear in court or
before a person authorized to receive a deposit of bail. The time
specified shall be at least 10 days after the notice to appear is
delivered.
   (c) This section shall become operative on January 1, 2012.