BILL NUMBER: AB 738	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harkey
   (Coauthors: Assembly Members Bigelow and Hagman)

                        FEBRUARY 21, 2013

   An act to add Section 830.7 to the Government Code, and to add
Section 21207.1 to the Vehicle Code, relating to public entity
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 738, as introduced, Harkey. Public entity liability: bicycles.
   Existing law specifies that a public entity or a public employee
shall not be liable for an injury caused by the plan or design of a
construction of, or an improvement to, public property in specified
cases. Existing law allows public entities to establish bicycle lanes
on public roads.
   This bill would provide that a public entity or an employee of a
public entity acting within his or her official capacity is not be
liable for an injury caused to a person riding a bicycle while
traveling on a roadway, if the public entity has provided a bike lane
on that roadway.
   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 830.7 is added to the Government Code, to read:

   830.7.  (a) A public entity or an employee of a public entity
acting within his or her official capacity shall not be liable under
this chapter for an injury caused to a person riding a bicycle as
defined in Section 231 of the Vehicle Code while traveling on a
roadway if the public entity has provided a bike lane on that roadway
pursuant to Section 21207 of the Vehicle Code or Section 891.8 of
the Streets and Highway Code. For purposes of this section, "bike
lane" is as defined in Section 890.4 of the Streets and Highways
Code.
   (b) The immunity set forth in this section is applicable
regardless of whether the bicyclist was within the bike lane at the
time of the accident. This immunity is also applicable regardless of
whether the reason the bicyclist was not using the bike lane was in
accordance with the exceptions listed in Section 21208 of the Vehicle
Code.
   (c) This section shall not limit the ability of a bicyclist to
pursue legal remedies against other individuals or entities involved
in the accident.
  SEC. 2.  Section 21207.1 is added to the Vehicle Code, to read:
   21207.1.  Public entities that establish bicycle lanes pursuant to
Section 21207 or Section 891.8 of the Streets and Highways Code are
immune from liability in accordance with Section 830.7 of the
Government Code.