BILL NUMBER: AB 1850 CHAPTERED 09/30/06 CHAPTER 900 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006 APPROVED BY GOVERNOR SEPTEMBER 30, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE JUNE 28, 2006 AMENDED IN ASSEMBLY MAY 15, 2006 AMENDED IN ASSEMBLY MAY 1, 2006 AMENDED IN ASSEMBLY APRIL 17, 2006 AMENDED IN ASSEMBLY MARCH 29, 2006 INTRODUCED BY Assembly Member Mountjoy JANUARY 12, 2006 An act to amend Sections 12810, 21712, and 42001 of, and to add Section 42002.1 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1850, Mountjoy Vehicles: trunk. (1) Existing law prohibits a person from driving a motor vehicle when knowingly permitting a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers, and prohibits a person from riding on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers. A violation of these provisions is an infraction. This bill would make it an infraction, subject to a specific fine schedule, for a person driving a motor vehicle to knowingly permit a person to ride in the trunk of that motor vehicle. The bill would make it an infraction, subject to a specific fine schedule, for a person to ride in the trunk of a motor vehicle. Because this bill would create new crimes, this bill would impose a state-mandated local program. (2) Existing law assigns traffic violation point counts to convictions of certain traffic violations, for the purposes of determining whether a person is a negligent operator of a motor vehicle subject to certain driver's license suspension or revocation provisions. This bill would prohibit the assignment of a traffic violation point for a person convicted of violating the prohibition against a person riding in the trunk of a motor vehicle. (3) This bill would make technical, conforming changes. (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 12810 of the Vehicle Code is amended to read: 12810. In determining the violation point count, the following shall apply: (a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points. (b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points. (c) A conviction of reckless driving shall be given a value of two points. (d) (1) A conviction of a violation of subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, or Section 31602 of this code, shall be given a value of two points. (2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points. (e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points. (f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point. (g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point. (h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point. (i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle. (2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count. (3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count. (4) A violation of Section 23136 shall not result in a violation point count. (5) A violation of Section 38301.3 shall not result in a violation point count. (j) A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section. SEC. 2. Section 21712 of the Vehicle Code is amended to read: 21712. (a) A person driving a motor vehicle shall not knowingly permit a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers. (b) A person shall not ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers. (c) A person driving a motor vehicle shall not knowingly permit a person to ride in the trunk of that motor vehicle. (d) A person shall not ride in the trunk of a motor vehicle. (e) A person violating subdivision (c) or (d) shall be punished as follows: (1) By a fine of one hundred dollars ($100). (2) For a second violation occurring within one year of a prior violation that resulted in a conviction, a fine of two hundred dollars ($200). (3) For a third or a subsequent violation occurring within one year of two or more prior violations that resulted in convictions, a fine of two hundred fifty dollars ($250). (f) Subdivisions (a) and (b) do not apply to an employee engaged in the necessary discharge of his or her duty or in the case of persons riding completely within or upon vehicle bodies in the space intended for a load on the vehicle. (g) A person shall not drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying a vessel, containing a passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel. (h) A person shall not knowingly drive a motor vehicle that is towing a person riding upon a motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, skis, or toy vehicle. (i) Subdivision (g) does not apply to a trailer coach that is towed with a fifth-wheel device if the trailer coach is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device that a passenger inside the trailer coach can use to gain the attention of the motor vehicle driver, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the trailer coach. SEC. 3. 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 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 any 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. 4. 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. 5. 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.