BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1047
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: jeffries
VERSION: 5/30/12
Analysis by: Eric Thronson FISCAL: NO
Hearing date: June 12, 2012
SUBJECT:
Motorcycle-only checkpoints
DESCRIPTION:
This bill prohibits state and local law enforcement agencies
from conducting motorcycle-only checkpoints.
ANALYSIS:
Existing law authorizes a local jurisdiction, by ordinance and
only on highways under its jurisdiction, to establish vehicle
inspection checkpoints to look for air emissions violations or
sobriety checkpoints to identify drivers who are under the
influence of drugs or alcohol. Drivers of motor vehicles must
stop and submit to an inspection at a checkpoint when signs are
displayed requiring a stop.
This bill prohibits state and local law enforcement agencies
from conducting motorcycle-only checkpoints.
COMMENTS:
1.Purpose . This bill prohibits law enforcement from conducting
motorcycle-only checkpoints. The author introduced this bill
in response to other states setting up roadside checkpoints
and stopping and citing only motorcyclists. The author
contends that it is important to prohibit these
motorcycle-only checkpoints because they have resulted in
motorcyclists feeling singled out and profiled for stops by
police.
2.California law enforcement does not conduct motorcycle safety
checkpoints . The author claims this bill is important to
protect Californian motorcyclists' rights. According to the
CHP, however, neither it nor any local law enforcement
agencies conduct motorcycle-only checkpoints. Some have
AB 1047 (JEFFRIES) Page 2
described an example of a motorcycle-only checkpoint that
occurred in Citrus Heights, California; however, in this
instance the local law enforcement agency was conducting a
targeted enforcement effort rather than a motorcycle-only
checkpoint.
Targeted enforcement efforts and checkpoints are often
confused. The distinguishing feature of a checkpoint is that
drivers are required to pull over and stop in a designated
area when requested to do so by law enforcement personnel.
Once a driver has pulled into the designated area, he or she
is required to submit to an inspection conducted by a law
enforcement officer. Drivers are notified that the checkpoint
is in place by posted signs that require drivers to pull over
and stop. Drivers who fail to stop may be cited.
Targeted enforcement programs, on the other hand, call for the
deployment of additional law enforcement officers in a given
area to look for and cite drivers for specific violations.
One common example of a targeted enforcement effort is the
recent Click It or Ticket campaign to increase compliance with
seatbelt laws. An example of a targeted enforcement effort
involving motorcyclists was CHP's enforcement campaign to
increase patrols on a 33-mile stretch of State Route 74 near
Temecula focused on traffic violations made by motorcyclists.
In addition to increased enforcement, targeted enforcement
programs can also include public awareness media efforts
designed to reduce the overall incidence of specific
violations.
3.Are motorcycle-only checkpoints fair ? Proponents for the bill
argue that it is unfair to single out motorcycles for safety
inspections. If CHP were to conduct other safety checkpoints
to look for proper seat belt and child restraint use, these
would effectively single out automobiles. In such
checkpoints, CHP would wave motorcyclists through because
motorcycles have no seat belt requirements. If the CHP
conducts a helmet checkpoint, it stands to reason the officers
would wave through automobile drivers because they are not
required to wear helmets. It is unclear why one checkpoint or
the other would be considered more or less fair to the drivers
being stopped.
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In fact, several motorcycle riders that were stopped at the
motorcycle-only checkpoints in New York sued the state in
2009, claiming that the main purpose of the checkpoints was to
look for criminals and that the practice was intrusive and
unfair to riders (Wagner, et al. v. The County of Schenectady,
NY, et al.). A federal judge dismissed the case in November
2011, rejecting the motorcyclists' claims that the New York
State Police violated their constitutional rights and
concluding that the checkpoints were enacted to promote
motorcycle safety and were effective in addressing this
interest.
4.Other states and legislation . To date, only New York,
Georgia, and Virginia have conducted motorcycle-only
checkpoints. In response to their growing use, motorcycle
advocacy groups are urging lawmakers across the country to ban
these checkpoints. New Hampshire and North Carolina have
passed laws banning the use of federal grant funds for
motorcycle-only checkpoints. In addition, Virginia has passed
a law which prohibits motorcycle-only checkpoints regardless
of funding source. At the federal level, Wisconsin
Congressmen Jim Sensenbrenner, Tom Petri, Paul Ryan, and Sean
Duffy have introduced H.R. 904 that, if enacted, would
prohibit the U.S. Secretary of Transportation from providing
funds to state and local governments for the creation of
motorcycle-only checkpoints.
Assembly Votes:
Floor: 55 -5
Trans: 14 - 0
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 6, 2012)
SUPPORT: ABATE of California
American Motorcyclist Association
Thunder Roads Magazine - Northern California
Sacramento Outrider Motorcycle Association
Over 570 individuals
OPPOSED: None received
AB 1047 (JEFFRIES) Page 4