BILL NUMBER: AB 902	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Members Bloom and Chiu

                        FEBRUARY 26, 2015

   An act to amend Section  21200   42005.3
 of the Vehicle Code, relating to  vehicles. 
 traffic violations. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 902, as amended, Bloom.  Bicycle riders.  
Traffic violations: diversion programs.  
   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.  
   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.  
   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.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   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 42005.3 of the  
Vehicle Code   is amended to read: 
   42005.3.   Operative January 1, 1993, no  
(a)     A  local authority  may
  shall not  allow a person who is alleged to have
committed a traffic offense in violation of this  code
  code,  or an ordinance or resolution adopted
under this code, to participate in a driver awareness or education
program or in any other diversion program as an alternative to the
procedure required to be followed under this code for alleged
violations of this code. 
    This 
    (b)     This  section does not apply
to  a  diversion  programs for minors  
program for a person  who  commit infractions 
 committed an infraction  not involving a motor vehicle
 and  for which no fee is charged. 
  SECTION 1.    Section 21200 of the Vehicle Code is
amended to read:
   21200.  (a) A person riding a bicycle or operating a pedicab upon
a highway has the rights and is subject to the provisions of this
division applicable to the driver of a vehicle, including, but not
limited to, provisions concerning driving under the influence of
alcoholic beverages or drugs, and by Division 10 (commencing with
Section 20000), Section 27400, Division 16.7 (commencing with Section
39000), Division 17 (commencing with Section 40000.1), and Division
18 (commencing with Section 42000), except those provisions that by
their very nature can have no application.
   (b) (1) A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, operating a
bicycle during the course of his or her duties is exempt from the
requirements of subdivision (a), except as those requirements relate
to driving under the influence of alcoholic beverages or drugs, if
the bicycle is being operated under any of the following
circumstances:
   (A) In response to an emergency call.
   (B) While engaged in rescue operations.
   (C) In the immediate pursuit of an actual or suspected violator of
the law.
   (2) This subdivision does not relieve a peace officer from the
duty to operate a bicycle with due regard for the safety of persons
using the highway.