BILL ANALYSIS Ó
AB 902
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CONCURRENCE IN SENATE AMENDMENTS
AB
902 (Bloom and Chiu)
As Amended July 6, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (April 23, |SENATE: |38-0 | (August 20, |
| | |2015) | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Removes the age limitation on the use of locally
adopted diversion programs for Vehicle Code infractions not
involving a motor vehicle, allowing such programs to be offered
to adults.
The Senate amendments:
1)Require a diversionary program used by a person to be
sanctioned by a local law enforcement entity.
2)Permit a fee to be charged for the enrollment into a
diversionary program.
EXISTING LAW:
AB 902
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1)Prohibits a local authority from allowing a person who is
alleged to have committed a traffic offense to participate in
a driver awareness or education program or any other diversion
program as an alternative to the procedure required to be
followed under the Vehicle Code for alleged violations of the
Vehicle Code.
2)Exempts from the above prohibition diversion programs for
minors who commit infractions not involving a motor vehicle
and for which no fee is charged.
3)Specifies the penalties for violations of the Vehicle Code or
an ordinance or resolution adopted under the Vehicle Code,
including the imposition of fines, fees, and forfeitures, and
imprisonment.
FISCAL EFFECT: None
COMMENTS: Under current law, local authorities can establish
diversion programs for minors who are charged with moving
violations not involving a motor vehicle (e.g., running a stop
sign on a bicycle). These programs typically involve waiving or
reducing the applicable fine and instead providing education to
violators on bicycle and traffic laws, as well as best practices
for safe bicycling. Many local governments and police
departments have expressed interest over the years in
establishing diversion programs for all bicyclists, regardless
of age, only to find that current law stands in the way.
This bill would remove the limitation that these diversion
programs only be used for minors. According to the author,
"Ticketed cyclists should be allowed to attend a 'bicycle
traffic school' class and have their fine reduced, which would
turn a purely monetary penalty into a valuable educational
opportunity, especially for people who would be unlikely to
AB 902
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attend a bicycle safety class on their own volition. These
programs would also enable bicycling advocates and educators to
work directly with local police departments to 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."
A recent report from the Governor's Highway Safety Association
on bicycle safety found that bicyclist fatalities increased 16%
nationwide between 2010 and 2012. California had the highest
number of fatalities of any state during that time period at
338. The report additionally noted that in the past 37 years,
adult bicycle fatalities have increased from 21% of the total
number of fatalities to 84%. Among other recommendations for
reducing bicyclist/motor vehicle collisions and the resulting
injuries and fatalities, the report recommends "education of
bicyclists and motorists about lawful and otherwise appropriate
behavior regarding motorist/bicycle interactions." Diversion
programs would provide an opportunity for this type of
education.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0001265