Amended in Assembly September 2, 2015

Senate BillNo. 404


Introduced by Senator De León

February 25, 2015


An actbegin delete to amend Section 40800 of the Vehicle Code,end delete relating tobegin delete vehicles.end deletebegin insert fines.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 404, as amended, De León. begin deleteVehicles: traffic officers. end deletebegin insertFines: criminal and traffic base fines.end insert

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Existing law imposes various penalties including, among others, fines, for violations of the Penal Code and the Vehicle Code.

end insert
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This bill would state the intent of the Legislature to enact legislation to provide a durable solution to address the issues of equity and efficacy of penalty assessments associated with criminal and traffic base fines.

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Existing law requires a traffic officer on duty for the exclusive or main purpose of enforcing specified provisions of the Vehicle Code relating to accidents and accident reports and rules of the road to wear a full distinctive uniform, and if the officer while on duty uses a motor vehicle, requires the vehicle to be painted a distinctive color specified by the Commissioner of the California Highway Patrol.

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This bill would delete the requirement that the motor vehicle be painted, but would continue to require the vehicle be a distinctive color.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertRecognizing the complexity of the state’s fine and
2fee structure, it is the intent of the Legislature to enact legislation
3to provide a durable solution to address the issues of equity and
4efficacy of penalty assessments associated with criminal and traffic
5base fines.end insert

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SECTION 1.  

Section 40800 of the Vehicle Code is amended
7to read:

8

40800.  

(a) A traffic officer on duty for the exclusive or main
9purpose of enforcing the provisions of Division 10 (commencing
10with Section 20000) or division 11 (commencing with Section
1121000) shall wear a full distinctive uniform, and if the officer while
12on duty uses a motor vehicle, it shall be a distinctive color specified
13by the commissioner.

14(b) This section does not apply to an officer assigned exclusively
15to the duty of investigating and securing evidence in reference to
16the theft of a vehicle, failure of a person to stop in the event of an
17accident, or violation of Section 23109 or 23109.1, or in reference
18to a felony charge, or to an officer engaged in serving a warrant
19when the officer is not engaged in patrolling the highways for the
20purpose of enforcing the traffic laws.

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