BILL NUMBER: AB 2398	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 21, 2014

   An act to add Sections 12810.6, 21071, and 42001.21 to the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2398, as introduced, Levine. Vehicles: pedestrians and
bicyclists.
   Existing law provides that a driver who violates specified
offenses of the rules of the road that are punishable as an
infraction, and as a result of that violation proximately causes
bodily injury or great bodily injury to another person is guilty of
the public offense of unsafe operation of a motor vehicle with bodily
injury or great bodily injury. Existing law provides that a person
who is convicted under these provisions is punishable for a violation
involving bodily injury by a fine of $70 and for a violation
involving great bodily injury by a fine of $95. Existing law
establishes that specified convictions and violations under the
Vehicle Code and traffic-related incidents count as violation points
against a driver's record for purposes of suspension or revocation of
the privilege to drive.
   This bill would additionally provide, notwithstanding any other
law, that a driver who violates the offenses described above and, as
a result of that violation, proximately causes bodily injury or great
bodily injury to a vulnerable road user, as defined, is guilty of
the public offense of unsafe operation of a motor vehicle with bodily
injury or great bodily injury. The bill would make a person who is
convicted under these provisions punishable by a fine of not less
than $145 and not more than $1,000. The bill would assign a violation
point for a conviction under these provisions. By creating a new
crime, this bill 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 12810.6 is added to the Vehicle Code, to read:
   12810.6.  A conviction of a violation of Section 21071 shall be
given a value of one violation point.
  SEC. 2.  Section 21071 is added to the Vehicle Code, to read:
   21071.  (a) Notwithstanding any other law, a driver who violates
any provision of this division that is punishable as an infraction
and, as a result of that violation, proximately causes bodily injury
or great bodily injury, as defined in Section 12022.7 of the Penal
Code, to a vulnerable road user, is guilty of the public offense of
unsafe operation of a motor vehicle with bodily injury or great
bodily injury. That violation is punishable as an infraction pursuant
to Section 42001.21.
   (b) For purposes of this section, "vulnerable road user" means:
   (1) A pedestrian, including a highway construction and maintenance
worker or skater.
   (2) A person on horseback.
   (3) A person operating equipment other than a motor vehicle,
including, but not limited to, a bicycle, in-line skates, roller
skates, scooter, or skateboard.
   (4) A person operating or using a farm tractor.
  SEC. 3.  Section 42001.21 is added to the Vehicle Code, to read:
   42001.21.  Notwithstanding any other law, a person convicted of a
violation of Section 21071 is punishable by a fine of not less than
one hundred forty-five dollars ($145) and not more than one thousand
dollars ($1,000).
  SEC. 4.  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.