BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  SB 986
          Author:   Hill (D), et al.
          Amended:  4/12/16  
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 3/29/16
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
           
           SUBJECT:   Vehicles:  right turn violations


          SOURCE:    Author


          DIGEST:  This bill reduces the base fine for rolling right turn  
          violations.


          ANALYSIS:  

          Existing law:

          1)Requires a driver to stop at a red light and prohibits the  
            driver from proceeding until given an indication to do so.   
            Failing to stop at a red light is a violation carrying a base  
            fine of $100, as well as a violation point.  Unless there is a  
            sign prohibiting it, a driver may turn right at a red light  
            after coming to a complete stop.  A driver may also turn left  
            from a one-way street onto another one-way street, after  








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            coming to a complete stop, during a red light.  Stopping but  
            then proceeding to make an unsafe turn - for example, by  
            failing to yield to a pedestrian in the crosswalk - carries a  
            $35 base fine and a violation point.  

          2)Provides that the state Judicial Council annually adopts a  
            uniform traffic penalty schedule for all non-parking  
            infractions outlined in the Vehicle Code.  

          3)Establishes the base fine for red-light violations at $100;  
            due to additional surcharges, penalties, and assessments, a  
            $100 base fine is equivalent to a total of $541.  

          This bill provides that turning right on a red light, or turning  
          left from a one-way street onto another one-way street without  
          first coming to a complete stop, is a violation carrying a base  
          fine of $35.

          Comments

          1)Purpose.  According to the author, the 1997 legislation  
            increasing the base fine for red-light violations from $35 to  
            $100 (see Related/Prior Legislation below) was targeted at  
            straight-through and left-turn violations, which are the most  
            dangerous violations at intersections.  This issue has gained  
            increased attention over the years with the proliferation of  
            red-light cameras.  In addition, red-light ticket fines have  
            increased dramatically; in 1997, the total cost of a red-light  
            violation was around $100, while now it exceeds $500.  The  
            author states that this amount is excessive for a "rolling  
            right turn" on red, a maneuver that is not overtly dangerous.   
            This bill reduces the base fine to $35, for a total of $289.

            The author cites Judicial Council data indicating that in many  
            municipalities, the majority of red-light violation tickets  
            are issued for right-turn violations.  Additionally, a 2008  
            Los Angeles Times study revealed that 80% of red-light camera  
            tickets are issued not to drivers running straight through  
            intersections, but to drivers making rolling right turns.   
            People making right turns are generally going at a low speed,  
            and resulting accidents tend to be much less serious in  
            nature.  By reducing the base fine for rolling right turns,  
            this bill helps ensure the penalty matches the offense.








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          2)Violation points.  DMV assigns violation points against an  
            individual's driver's license for certain traffic offenses to  
            identify a driver as a negligent operator.  Violation points  
            vary with the gravity of the offense; for example, a "fix-it"  
            ticket does not count for any violation points, a speeding  
            ticket counts for one violation point, and driving while under  
            the influence of alcohol or drugs counts for two violation  
            points.  DMV may suspend an individual's driver's license for  
            six months if he or she receives four points in one year, six  
            points in two years, or eight points in three years.  An  
            individual may request a DMV hearing to avoid a license  
            suspension.  Existing law assigns one violation point to  
            red-light offenses; this bill does not change that provision.

          3)What about pedestrian safety?  Existing law requires a driver  
            to yield to a pedestrian in a crosswalk or intersection.   
            Existing law also requires a driver to come to a complete stop  
            before making a turn on a red light.  While this bill reduces  
            the fine for a rolling right turn, it does not make a rolling  
            right turn legal, nor does it affect the pedestrian  
            right-of-way statute.   

          4)Another try.  The author carried bills nearly identical to  
            this one in 2010 and 2015 (see Related/Prior Legislation  
            below); the first was vetoed by Governor Schwarzenegger, the  
            second was held in the Senate Appropriations Committee.  The  
            veto message stated that "Modifying existing law to make  
            red-light violations from a right turn less egregious sends  
            the wrong message to the public that California is tolerant of  
            these types of offenses.  It is our responsibility to protect  
            the motoring public and not increase the risk of traffic  
            collisions."  The author states that rolling right turns are  
            far less serious than straight-through violations and  
            therefore should carry lesser penalties. 
            
          Related/Prior Legislation
          
          SB 681 (Hill, 2016) was virtually identical to this bill. The  
          bill died in the Senate Appropriations Committee.

          AB 909 (Hill, 2010) would have reduced the base fine for  
          "rolling right turn" violations back to $35. The bill was vetoed  
          by Governor Schwarzenegger.








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          AB 1191 (Shelley, Chapter 852, Statutes of 1997) increased the  
          base fine for red-light signal violations from $35 to $100.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, unknown,  
          significant loss of state and local penalty assessment revenues.  
           Many of the penalty assessments, fines, and fees added onto the  
          base fine for convictions of traffic infractions are dependent  
          upon the amount of the base fine.  Reducing the base fine for  
          failure to stop before turning right on a red light, or turning  
          left from a one-way street onto another one-way street, would  
          result in the following reductions in fine and fee revenues for  
          each conviction: 

           State Penalty Assessment: reduction of $60 per conviction.  
            (State Penalty Fund, distributed to nine other Special Funds,  
            and county General Fund)

           County Penalty Assessment: reduction of $42 per conviction.  
            (various Special Funds)

           Court Construction Penalty Assessment: reduction of $30 per  
            conviction. (various Special Funds supporting court  
            facilities)

           Proposition 69 DNA Penalty Assessment: reduction of $6 per  
            conviction. (primarily state or local DNA Identification Fund)

           DNA Identification Fund Penalty Assessment: reduction of $24  
            per conviction. (primarily state DNA Identification Fund)

           Emergency Medical Services Penalty Assessment: reduction of  
            $12 per conviction. (primarily Maddy EMS Fund)

           State Surcharge: reduction of $13 per conviction (state  
            General Fund)


          SUPPORT:   (Verified5/27/16)









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          AAA Northern California, Nevada, and Utah
          A New Way of Life Re-entry Project
          American Civil Liberties Union of California 
          Automobile Club of Southern California
          California Association of Highway Patrolmen
          Legal Services for Prisoners with Children 
          National Motorists Association
          Safer Streets L.A.
          Western States Trucking Association 


          OPPOSITION:   (Verified5/27/16)


          None received


          Prepared by:Erin Riches / T. & H. / (916) 651-4121
          5/28/16 16:45:58


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