BILL NUMBER: SB 1362 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2010
AMENDED IN SENATE MAY 25, 2010
AMENDED IN SENATE MAY 11, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Simitian
(Coauthors: Senators Ashburn and Huff)
( Coauthor: Assembly Member
Hill )
FEBRUARY 19, 2010
An act to amend Sections 21455.5 and 40518 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1362, as amended, Simitian. Vehicles: automated traffic
enforcement systems.
(1) Existing law authorizes the limit line, intersection, or other
places where a driver is required to stop to be equipped with an
automated enforcement system, as defined, if the system meets certain
requirements. Existing law authorizes a governmental agency to
contract out the operation of the system under certain circumstances,
except for specified activities, that include, among other things,
establishing guidelines for selection of location. A violation of the
Vehicle Code is a crime.
This bill would require that those requirements include
identifying the system by signs posted at each intersection where a
system is operating and that the guidelines be based solely
on safety and be made available to the public, including posting the
guidelines on the governmental agency's Internet Web site, if
applicable. The bill would require, prior to installing an automated
traffic enforcement system, the governmental agency, for a minimum
period of 6 months, to collect traffic collision data for the type of
violation to be photographed and would also require at each location
where a system is to be installed that the traffic collision data
demonstrate a significant need for the infraction upon which the
citations will be based, except as specified. The bill would
authorize a governmental agency to use an automated traffic
enforcement system only if the data indicate that there is a
significant number of collisions that occur as a result of the type
of violation the governmental agency seeks to use the automated
system to enforce . The bill would require the
governmental agency to adopt a finding of fact establishing the need
for the system at a specific location for reasons related to safety.
The bill would prohibit an employee, agent, or representative of
the governmental agency or of a law enforcement agency from
contacting the registered owner of a vehicle prior to issuing a
notice to appear , either directly or indirectly ,
in an effort to determine the identity of an alleged automated
traffic enforcement system violator without making the registered
owner aware, in a clear and prominent fashion, that the registered
owner is not required to provide that information and that failure to
provide that information shall not result in any adverse action
or relieve the register ed owner or alleged automated
traffic enforcement system violator of any responsibility or
liability associated with the alleged violation .
The bill would make any citation issued by a governmental agency
null and void if the governmental agency violates or engages in a
contract that violates specified activities. The bill would also
require the dismissal of any citation issued by a law enforcement
agency if the court finds that the governmental agency has failed to
operate the automated traffic enforcement system in compliance with
specified provisions of law applicable to automated traffic
enforcement. If a court finds that the governmental agency has failed
to operate the system in compliance with applicable provisions of
law, a law enforcement agency would be prohibited from issuing any
citations until the governmental agency demonstrates to the
satisfaction of the court that it is in full compliance with all of
the requirements applicable to automated traffic enforcement.
The bill would prohibit a governmental agency that operates an
automated traffic enforcement system from considering revenue
generation, beyond recovering its actual costs of operating the
system, as a factor when considering whether or not to operate a
system within its local jurisdiction. The bill would require the
manufacturer or supplier that operates an automated traffic
enforcement system, in cooperation with the governmental agency, to
submit an annual report to the Judicial Council that includes
specified information.
(2) Existing law provides special written, mailed notice to appear
procedures in connection with certain alleged violations recorded by
an automated traffic enforcement system and provides that whenever a
written notice to appear has been issued by a peace officer or by a
qualified employee of a law enforcement agency on a form approved by
the Judicial Council for an alleged traffic violation recorded by an
automated traffic enforcement system, and delivered by mail within 15
days of the alleged violation to the current address of the
registered owner of the vehicle on file with the Department of Motor
Vehicles, with a certificate of mailing obtained as evidence of
service, an exact and legible duplicate copy of the notice when filed
with the magistrate constitutes a complaint to which the defendant
may enter a plea.
This bill would delete "qualified employee of a law
enforcement agency" from these provisions and would expand
the information that must be included on a notice to appear. The bill
would authorize the mailing of a specified courtesy notice or any
other notice other than a notice to appear by the issuing agency to
the registered owner or the alleged violator prior to issuing a
notice to appear that is required to contain specified information.
The bill would prohibit a manufacturer or supplier of an automated
traffic enforcement system or the governmental agency operating the
system from altering the notice to appear or any other form approved
by the Judicial Council. If a form is found to have been
materially altered, the bill would require
authorize that the citation , based on the
altered form , be dismissed. The bill would also
require that the citation be dismissed if a magistrate or judge makes
a finding that there are grounds for dismissal, in certain
circumstances.
(3) Because it is unlawful and constitutes an infraction for any
person to violate, or fail to comply with any provision of the
Vehicle Code, this bill would impose a state-mandated local program.
(4) 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 21455.5 of the Vehicle Code is amended to read:
21455.5. (a) The limit line, the intersection, or a place
designated in Section 21455, where a driver is required to stop, may
be equipped with an automated traffic enforcement system if the
governmental agency utilizing the system meets all of the following
requirements:
(1) Identifies the system by signs posted at each intersection
where a system is operating that clearly indicate the system's
presence and are visible to traffic approaching from all directions
in which the automated traffic enforcement system is being
utilized to issue citations. A governmental agency utilizing such a
system does not need to post signs visible to traffic
approaching the intersection from directions not subject to automated
traffic enforcement .
(2) If it locates the system at an intersection, and ensures that
the system meets the criteria specified in Section 21455.7.
(b) Prior to issuing citations under this section, a local
jurisdiction utilizing an automated traffic enforcement system shall
commence a program to issue only warning notices for 30 days. The
local jurisdiction shall also make a public announcement of the
automated traffic enforcement system at least 30 days prior to the
commencement of the enforcement program.
(c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated traffic enforcement
system. A governmental agency that operates an automated traffic
enforcement system shall do all of the following:
(1) Develop uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establish procedures to ensure compliance with those
guidelines.
(2) Perform administrative functions and day-to-day functions,
including, but not limited to, all of the following:
(A) Establishing guidelines for selection of location
based solely on safety. The guidelines shall be made available to the
public, including posting the guidelines on the governmental agency'
s Internet Web site, if applicable. Prior to installing an automated
traffic enforcement system, the governmental agency shall, for a
minimum period of six months, collect traffic collision data for the
type of violation to be photographed. At each location where a system
is to be installed, the traffic collision data shall demonstrate a
significant need for the infraction upon which the citation will be
based. A governmental agency may use an automated traffic enforcement
system to provide evidence of a violation involving a driver turning
right, turning left, or proceeding straight through an intersection
during a red light only if the data indicate that there is a
significant number of collisions that occur as a result of the type
of violation the governmental agency seeks to use the automated
system to enforce. location. Prior to installing an
automated traffic enforcement system, the government agency shall
make and adopt a finding of fact establishing that the system is
needed at a specific location for reasons related to safety.
(B) Ensuring that the equipment is regularly inspected.
(C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.
(D) Regularly inspecting and maintaining warning signs placed
under paragraph (1) of subdivision (a).
(E) Overseeing the establishment or change of signal phases and
the timing thereof.
(F) Maintaining controls necessary to ensure that only those
citations that have been reviewed and approved by law enforcement are
delivered to actual violators. An employee, agent, or representative
of the governmental agency or of the law enforcement agency shall
not contact the registered owner of a vehicle prior to issuing a
notice to appear either directly or indirectly in an effort to
determine the identity of an alleged automated traffic enforcement
system violator without making the registered owner aware, in a clear
and prominent fashion, that the registered owner is not required to
provide that information and that failure to provide that information
shall not result in any adverse action or relieve the
registered owner or alleged automated traffic enforcement system
violator of any responsibility or liability associated with the
alleged violation .
(3) The guidelines adopted pursuant to subparagraph (A) of
paragraph (2) and the requirements for data collection regarding the
installation of an automated traffic enforcement system shall not
apply to automated traffic enforcement systems installed prior to
January 1, 2011.
(d) (1) The activities
listed in subdivision (c) that relate to the operation of the system
may be contracted out by the governmental agency, if it maintains
overall control and supervision of the system. However, the
activities listed in paragraph (1) of, and subparagraphs (A), (D),
(E), and (F) of paragraph (2) of, subdivision (c) may not be
contracted out to the manufacturer or supplier of the automated
traffic enforcement system.
(2) Any citation issued by a governmental agency is null and void
if it violates or engages in a contract that violates any of the
activities described in paragraph (1) of, or subparagraph (A), (D),
(E), or (F) of paragraph (2) of, subdivision (c).
(3) Any citation issued by a law enforcement agency shall be
dismissed if the court finds that the governmental agency has failed
to operate the automated traffic enforcement system in compliance
with the requirements of this section or any other law applicable to
automated traffic enforcement.
(4) If a court finds that the governmental agency has failed to
operate the system in compliance with this section or any other law
applicable to automated traffic enforcement, a law enforcement agency
shall not issue any citations until the governmental agency
demonstrates to the satisfaction of the court that it is in full
compliance with the requirements of this section or any other law
applicable to automated traffic enforcement.
(e) (1) Notwithstanding Section 6253 of the Government Code, or
any other provision of law, photographic records made by an automated
traffic enforcement system shall be confidential, and shall be made
available only to governmental agencies and law enforcement agencies
and only for the purposes of this article.
(2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this article shall
be held confidential, and may not be used for any other purpose.
(3) Except for court records described in Section 68152 of the
Government Code, the confidential records and information described
in paragraphs (1) and (2) may be retained for up to six months from
the date the information was first obtained, or until final
disposition of the citation, whichever date is later, after which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record or
information.
(f) Notwithstanding subdivision (d), the registered owner or any
individual identified by the registered owner as the driver of the
vehicle at the time of the alleged violation shall be permitted to
review the photographic evidence of the alleged violation.
(g) (1) A contract between a governmental agency and a
manufacturer or supplier of automated traffic enforcement equipment
may not include provision for the payment or compensation to the
manufacturer or supplier based on the number of citations generated,
or as a percentage of the revenue generated, as a result of the use
of the equipment authorized under this section.
(2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.
(3) A governmental agency that operates an automated traffic
enforcement system shall not consider revenue generation, beyond
recovering its actual costs of operating the system, as a factor when
considering whether or not to operate a system within its local
jurisdiction.
(h) A manufacturer or supplier that operates an automated traffic
enforcement system pursuant to this section shall, in cooperation
with the governmental agency, submit an annual report to the Judicial
Council that includes, but is not limited to, all of the following
information:
(1) The number of alleged violations captured by the systems they
operate.
(2) The number of citations issued by a law enforcement agency
based on information collected from the automated traffic enforcement
system.
(3) The number of citations issued for each type of violation.
(4) The number and percentage of citations that are
contested paid in full .
(5) The number and percentage of citations that are dismissed.
(6)
(5) The number of traffic collisions at each
intersection that have occurred prior to, and after the installation
of, the automated traffic enforcement system.
SEC. 2. Section 40518 of the Vehicle Code is amended to read:
40518. (a) Whenever a written notice to appear has been issued by
a peace officer or by a qualified employee of a law enforcement
agency on a form approved by the Judicial Council for an
alleged violation of Section 22451, or, based on an alleged violation
of Section 21453, 21455, or 22101 recorded by an automated traffic
enforcement system pursuant to Section 21455.5 or 22451, and
delivered by mail within 15 days of the alleged violation to the
current address of the registered owner of the vehicle on file with
the department, with a certificate of mailing obtained as evidence of
service, an exact and legible duplicate copy of the notice when
filed with the magistrate shall constitute a complaint to which the
defendant may enter a plea. Preparation and delivery of a notice to
appear pursuant to this section is not an arrest.
(b) (1) A notice to appear shall contain the name and address of
the person, the license plate number of the person's vehicle, the
violation charged, including a description of the offense, and the
time and place when, and where, the person may appear in court or
before a person authorized to receive a deposit of bail. The time
specified shall be at least 10 days after the notice to appear is
delivered. If, after the notice to appear has been issued, the
citing peace officer or qualified employee of a law enforcement
agency determines that, in the interest of justice, the citation or
notice should be dismissed, the citing agency may recommend, in
writing, to the magistrate or the judge that the case be
dismissed. The recommendation shall cite the reasons for the
recommendation and be filed with the court. If the magistrate or
judge makes a finding that there are grounds for dismissal, the
finding shall be entered on the record and the infraction dismissed.
(2) A notice to appear shall also contain all of the following
information:
(A) The methods by which the registered owner of the vehicle or
the alleged violator may view and discuss with the issuing agency,
both by telephone and in person, the evidence used to substantiate
the violation.
(B) The contact information of the issuing agency.
(C) Information provided by the manufacturer or supplier of the
automated traffic enforcement system or the governmental agency with
which it contracts that clearly and conspicuously identifies the
manufacturer or supplier of the system.
(c) This section and Section 40520 do not preclude the issuing
agency from mailing a courtesy notice or any other notice other than
a notice to appear to the registered owner of the vehicle or the
alleged violator prior to issuing a notice to appear. The courtesy
notice or other notice other than a notice to appear shall be on a
form approved by the Judicial Council and shall contain all of the
following information:
(1) The methods by which the registered owner of the vehicle or
the alleged violator may view and discuss with the issuing agency,
both by telephone and in person, the evidence used to substantiate
the violation.
(2) The contact information of the issuing agency.
(3) Information provided by the manufacturer or supplier of the
automated traffic enforcement system or the governmental agency with
which it contracts that clearly and conspicuously identifies the
manufacturer or supplier of the system.
(d) A manufacturer or supplier of an automated traffic enforcement
system or the governmental agency operating the system shall not
alter the notice to appear or any other form approved by the Judicial
Council. If a form is found to have been materially
altered, the citation based on the altered form shall
may be dismissed.
SEC. 3. 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.