BILL NUMBER: SB 192	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu

                        FEBRUARY 10, 2015

   An act to amend Section 21212 of the Vehicle Code, relating to
bicycles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 192, as introduced, Liu. Bicycles: helmets.
   Existing law prohibits a person under 18 years of age from
operating a bicycle, riding on a bicycle as a passenger, or riding in
a trailer towed by a bicycle unless the person is wearing a bicycle
helmet meeting specified standards. A violation of those provisions
is an infraction punishable by a fine of not more than $25.
   This bill would require every person, regardless of age, to wear a
bicycle helmet when operating a bicycle, riding on a bicycle as a
passenger, or riding in a trailer towed by a bicycle. The bill would
also require a person engaged in these activities in the darkness to
wear retroreflective high-visibility safety apparel, as specified.
Because a violation of this requirement would be a crime, the bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21212 of the Vehicle Code is amended to read:
   21212.  (a)  (1)    A person  under
  shall not operate a bicycle, or ride upon a bicycle as
a passenger, upon a street, bikeway, as defined in Section 890.4 of
the Streets and Highways Code, or any other public bicycle path or
trail unless that person is wearing a properly fitted and fastened
bicycle helmet that meets the standards of either the American
Society for Testing and Materials (ASTM) or the   United
States Consumer Product Safety Commission (CPSC), or standards
subsequently established by those entities. This requirement also
applies to a person who rides upon a bicycle while in a restraining
seat that is attached to the bicycle or in a trailer towed by the
bicycle.  
   (2) A person shall not engage in the activities described in
paragraph (1) in the darkness, as defined in Section 280, unless that
person is wearing high-visibility safety apparel, which may include
a vest, jacket, or shirt, that is retroreflective and meets the
requirements of the American National Standard for High-Visibility
Safety Apparel and Headwear, published by the American National
Standards Institute/International Safety Equipment Association or
standards subsequently established by those entities. 
    (b)     A person under    18
years of age shall not operate  a bicycle,  a
nonmotorized scooter  ,  or a skateboard, nor
 shall they  wear in-line or roller skates, nor ride
upon  a bicycle,  a nonmotorized scooter  ,
 or a skateboard as a passenger, upon a street, bikeway, as
defined in Section 890.4 of the Streets and Highways Code, or any
other public bicycle path or trail unless that person is wearing a
properly fitted and fastened bicycle helmet that meets the 
standards of either the American Society for Testing and Materials
(ASTM) or the United States Consumer Product Safety Commission
(CPSC), or standards subsequently established by those entities. This
requirement also applies to a person who rides upon a bicycle while
in a restraining seat that is attached to the bicycle or in a trailer
towed by the bicycle   safety standards described in
subdivision (a)  . 
   (b) 
    (c)  Any helmet sold or offered for sale for use by
operators and passengers of bicycles, nonmotorized scooters,
skateboards, or in-line or roller skates shall be conspicuously
labeled in accordance with the standard described in subdivision (a)
which shall constitute the manufacturer's certification that the
helmet conforms to the applicable safety standards. 
   (c) 
    (d)  No person shall sell, or offer for sale, for use by
an operator or passenger of a bicycle, nonmotorized scooter,
skateboard, or in-line or roller skates any safety helmet 
which  is not of a type meeting requirements established by
this section. 
   (d) 
    (e)  Any charge under this subdivision shall be
dismissed when the person charged alleges in court, under oath, that
the charge against the person is the first charge against that person
under this subdivision, unless it is otherwise established in court
that the charge is not the first charge against the person. 
   (e) 
    (f)     (1)    Except as
provided in subdivision  (d)   (e)  , a
violation of this section is an infraction punishable by a fine of
not more than twenty-five dollars ($25).
    (2)   The parent or legal guardian having
control or custody of an unemancipated minor whose conduct violates
this section shall be jointly and severally liable with the minor for
the amount of the fine imposed pursuant to this subdivision.

   (f) 
    (g)  Notwithstanding Section 1463 of the Penal Code or
any other provision of law, the fines collected for a violation of
this section shall be allocated as follows:
   (1) Seventy-two and one-half percent of the amount collected shall
be deposited in a special account of the county health department,
to be used for bicycle, nonmotorized scooter, skateboard, and in-line
and roller skate safety education and for assisting low-income
families in obtaining approved bicycle helmets for children under
 the age of  18 years  of age  , either on
a loan or purchase basis. The county may contract for the
implementation of this program, which, to the extent practicable,
shall be operated in conjunction with the child passenger restraint
program pursuant to Section 27360.
   (2) Two and one-half percent of the amount collected shall be
deposited in the county treasury to be used by the county to
administer the program described in paragraph (1).
   (3) If the violation occurred within a city, 25 percent of the
amount collected shall be transferred to and deposited in the
treasury of that city. If the violation occurred in an unincorporated
area, this 25 percent shall be deposited and used pursuant to
paragraph (1).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.