Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 902


Introduced by Assembly Members Bloom and Chiu

February 26, 2015


An act to amend Sectionbegin delete 21200end deletebegin insert 42005.3end insert of the Vehicle Code, relating tobegin delete vehicles.end deletebegin insert traffic violations.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 902, as amended, Bloom. begin deleteBicycle riders. end deletebegin insertTraffic violations: diversion programs.end insert

begin insert

Existing law specifies the penalties for a violation of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment, as specified. Existing law also specifies procedures related to the imposition of those penalties and the disposition of fees, fines, and forfeitures. Existing law provides that a local authority may not allow a person who has committed a traffic violation under the Vehicle Code to participate in a driver awareness or education program as an alternative to those penalties and procedures, unless the program is a diversion program for a minor who commits an infraction not involving a motor vehicle and for which no fee is charged.

end insert
begin insert

This bill would instead allow any person of any age who commits an infraction not involving a motor vehicle to participate in a diversion program of the type described above. This bill would make other technical, nonsubstantive changes.

end insert
begin delete

Existing law provides that a person riding a bicycle or operating a pedicab on a highway has the rights of, and is subject to specified existing provisions governing, the driver of a vehicle on a highway, except for those provisions that by their very nature can have no application. Existing law also provides that a peace officer, as defined, operating a bicycle during the course of his or her duties and under specified circumstances is exempt from those provisions, subject to specified limitations.

end delete
begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 42005.3 of the end insertbegin insertVehicle Codeend insertbegin insert is amended
2to read:end insert

3

42005.3.  

begin deleteOperative January 1, 1993, no end deletebegin insert(a)end insertbegin insertend insertbegin insertA end insertlocal authority
4begin delete mayend deletebegin insert shall notend insert allow a person who is alleged to have committed a
5traffic offense in violation of thisbegin delete codeend deletebegin insert code,end insert or an ordinance or
6resolution adopted under this code, to participate in a driver
7awareness or education program or in any other diversion program
8as an alternative to the procedure required to be followed under
9this code for alleged violations of this code.

begin delete

10 This

end delete

11begin insert(b)end insertbegin insertend insertbegin insertThisend insert section does not apply tobegin insert aend insert diversionbegin delete programs for
12minorsend delete
begin insert program for a personend insert whobegin delete commit infractionsend deletebegin insert committed
13an infractionend insert
not involving a motor vehiclebegin insert andend insert for which no fee
14is charged.

begin delete
15

SECTION 1.  

Section 21200 of the Vehicle Code is amended
16to read:

17

21200.  

(a) A person riding a bicycle or operating a pedicab
18upon a highway has the rights and is subject to the provisions of
19this division applicable to the driver of a vehicle, including, but
20not limited to, provisions concerning driving under the influence
21of alcoholic beverages or drugs, and by Division 10 (commencing
22with Section 20000), Section 27400, Division 16.7 (commencing
23with Section 39000), Division 17 (commencing with Section
2440000.1), and Division 18 (commencing with Section 42000),
25except those provisions that by their very nature can have no
26application.

27(b) (1) A peace officer, as defined in Chapter 4.5 (commencing
28with Section 830) of Title 3 of Part 2 of the Penal Code, operating
P3    1a bicycle during the course of his or her duties is exempt from the
2requirements of subdivision (a), except as those requirements relate
3to driving under the influence of alcoholic beverages or drugs, if
4the bicycle is being operated under any of the following
5circumstances:

6(A) In response to an emergency call.

7(B) While engaged in rescue operations.

8(C) In the immediate pursuit of an actual or suspected violator
9of the law.

10(2) This subdivision does not relieve a peace officer from the
11duty to operate a bicycle with due regard for the safety of persons
12using the highway.

end delete


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