BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 902 Hearing Date: 7/14/2015
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|Author: |Bloom |
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|Version: |7/6/2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Erin Riches |
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SUBJECT: Traffic violations: diversion programs
DIGEST: This bill authorizes a local authority to allow an
individual who has committed a traffic offense, for which no
vehicle is involved, to participate in a diversion program.
ANALYSIS:
Existing law:
1)Specifies penalties for violations of existing law, or
ordinances or resolutions adopted under existing law, that
include fines, fees, forfeitures, and imprisonment.
2)Prohibits a local authority from allowing an individual who
has committed a traffic offense from participating in a driver
awareness or education program, or any other diversion
program, as an alternative to procedures required under
existing law.
3)Provides an exemption whereby a local authority may allow a
minor to participate in a diversion program if he or she has
committed an infraction for which no motor vehicle is
involved.
This bill expands the exemption to individuals of all ages.
COMMENTS:
AB 902 (Bloom) Page 2 of ?
1)Purpose. The author states that when a bicyclist is ticketed
for a moving violation in California, he or she receives the
same monetary fine as someone driving a motor vehicle. With
court fees added, a stop sign violation can cost around $200,
while running a red light can cost as much as $400. Unlike
most drivers, bicyclists are not required to receive training
or education and are often unaware of local traffic
ordinances. The author states that ticketed bicyclists should
be allowed to attend a class at a "bicycle traffic school" and
have their fine reduced, which would turn a purely monetary
penalty into a valuable educational opportunity. These
programs would enable bicycle advocates and educators to work
directly with local police departments, help clear up common
misconceptions about bicycle law, and provide guidance on what
types of violations should be targeted to have the biggest
positive impact on safety.
2)The more you know. An October 2014 report by the Governor's
Highway Safety Association found that bicyclist fatalities
increased 16% nationwide between 2010 and 2012. California
suffered 338 bicyclist fatalities during that period, the
highest number in the country. The report additionally noted
that in the past 37 years, adult bicyclist fatalities as a
share of total bicyclist fatalities have increased from 21% to
84%. To reduce bicyclist/motor vehicle collisions and the
resulting injuries and fatalities, the report recommended,
among other things, "education of bicyclists and motorists
about lawful and otherwise appropriate behavior regarding
motor/bicyclist interactions." The author states that this
bill would provide an opportunity for this type of education.
3)Creating a new industry? While there are currently a large
number of traffic violator schools in the state serving
drivers, bicycle traffic schools are not common. According to
the author, bicycle diversion programs exist in Irvine,
Huntington Beach, Santa Cruz County, Marin County, and Sonoma
County, as well as at the University of California (UC)
Berkeley, UC Davis, UC Irvine, Stanford University, and
California Polytechnic State University. These programs
provide education and, in some cases, a fine waiver or
reduction. The author states that these programs are able to
operate due to technicalities in the law that do not apply to
most areas, or which most police departments are willing to
accept. Many local police departments and organizations that
wish to implement programs to divert bicycle offenders from
AB 902 (Bloom) Page 3 of ?
court to a bicycle education program, however, have been
stymied by existing law. By expanding the existing diversion
program exemption from minors to all ages, this bill will help
local agencies achieve that goal. To help ensure that bicycle
offenders are diverted to valid programs, the author amended
this bill on July 6 to require the diversion program to be
sanctioned by local law enforcement.
RELATED Legislation:
AB 2409 (Isenberg, Chapter 1199, Statutes of 1992) - made a
number of changes to the collection and distribution of fines
and forfeitures following a major realignment of trial court
funding. AB 2409 included a provision prohibiting any local
jurisdiction from establishing a traffic school alternative in
lieu of citation, except in cases of minors committing a traffic
offense not involving a motor vehicle.
Assembly Votes:
Floor: 78-0
Trans:16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
July 8, 2015.)
SUPPORT:
California Bicycle Coalition (sponsor)
California Police Chiefs Association
Orange County Transportation Authority
OPPOSITION:
None received
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AB 902 (Bloom) Page 4 of ?