BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 902| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 902 Author: Bloom (D) and Chiu (D) Amended: 7/6/15 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/14/15 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski ASSEMBLY FLOOR: 77-0, 4/23/15 - See last page for vote SUBJECT: Traffic violations: diversion programs SOURCE: California Bicycle Coalition 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 AB 902 Page 2 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 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 AB 902 Page 3 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 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, this bill requires the diversion program to be sanctioned by local law enforcement. Prior 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified8/6/15) California Bicycle Coalition (source) California Police Chiefs Association Napa County Bicycle Coalition Orange County Transportation Authority San Francisco Municipal Transportation Agency AB 902 Page 4 OPPOSITION: (Verified8/6/15) None received ASSEMBLY FLOOR: 77-0, 4/23/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Eduardo Garcia, Salas Prepared by:Erin Riches / T. & H. / (916) 651-4121 8/13/15 13:20:40 **** END ****