BILL NUMBER: AB 2398 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
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 amend, repeal, and add Section 42001.19 of the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2398, 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.
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.
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 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.