AB 2398 Assembly Bill

BILL NUMBER: AB 2398	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2014
	AMENDED IN SENATE  JUNE 19, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  APRIL 9, 2014

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 21, 2014

   An act to  add Sections 12810.6, 21071, and 42001.21 to
the Vehicle Code,    amend, repeal, and add Section
42001.19 of the Vehicle Code,  relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2398, as amended, 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
conviction 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 conviction
under these provisions punishable by a fine of not less than $220 and
not more than $300. 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.  
   This bill, until January 1, 2020, would make a conviction under
these provisions punishable by a fine, in lieu of the fines imposed
for violations involving bodily injury or great bodily injury, of not
less than $220 and not more than $300 for a violation involving
bodily injury or great bodily injury to a vulnerable road user, as
defined. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    Section 42001.19 of the  
Vehicle Code   is amended to read: 
   42001.19.  Notwithstanding any other  provision of
 law, a person convicted of a violation of Section 21070 is
punishable, as follows:
   (a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).
   (b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95). 
   (c) (1) For a violation involving bodily injury or great bodily
injury to a vulnerable road user, by a fine of not less than two
hundred twenty dollars ($220) and not more than three hundred dollars
($300).  
   (2) For purposes of this subdivision, "vulnerable road user"
means:  
   (A) A pedestrian, including a highway construction and maintenance
worker.  
   (B) A person on horseback.  
   (C) A person operating equipment other than a motor vehicle,
including, but not limited to, a bicycle, in-line skates, roller
skates, scooter, or skateboard.  
   (D) A person operating or using a farm tractor.  
   (E) A person on an electric personal assistive mobility device, as
defined in Section 313.  
   (F) A person in a wheelchair.  
   (d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC.   2.    Section 42001.19 is added to
the   Vehicle Code   , to read:  
   42001.19.  Notwithstanding any other law, a person convicted of a
violation of Section 21070 is punishable, as follows:
   (a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).
   (b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).
   (c) This section shall become operative on January 1, 2020. 

  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.
   (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.
   (5) A person on an electric personal assistive mobility device as
defined in Section 313.
   (6) A person in a wheelchair.  
  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
two hundred twenty dollars ($220) and not more than three hundred
dollars ($300).  
  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.