AB 2398, as introduced, Levine. Vehicles: pedestrians and bicyclists.
Existing law provides that a driver who violates specified offenses of the rules of the road that are punishable as an infraction, and as a result of that violation proximately causes bodily injury or great bodily injury to another person is guilty of the public offense of unsafe operation of a motor vehicle with bodily injury or great bodily injury. Existing law provides that a person who is convicted under these provisions is punishable for a violation involving bodily injury by a fine of $70 and for a violation involving great bodily injury by a fine of $95. Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as violation points against a driver’s record for purposes of suspension or revocation of the privilege to drive.
This bill would additionally provide, notwithstanding any other law, that a driver who violates the offenses described above and, as a result of that violation, proximately causes bodily injury or great bodily injury to a vulnerable road user, as defined, is guilty of the public offense of unsafe operation of a motor vehicle with bodily injury or great bodily injury. The bill would make a person who is convicted under these provisions punishable by a fine of not less than $145 and not more than $1,000. The bill would assign a violation point for a conviction under these provisions. By creating a new crime, this 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 12810.6 is added to the Vehicle Code,
2to read:
A conviction of a violation of Section 21071 shall be
4given a value of one violation point.
Section 21071 is added to the Vehicle Code, to read:
(a) Notwithstanding any other law, a driver who
7violates any provision of this division that is punishable as an
8infraction and, as a result of that violation, proximately causes
9bodily injury or great bodily injury, as defined in Section 12022.7
10of the Penal Code, to a vulnerable road user, is guilty of the public
11offense of unsafe operation of a motor vehicle with bodily injury
12or great bodily injury. That violation is punishable as an infraction
13pursuant to Section 42001.21.
14(b) For purposes of this section, “vulnerable road user” means:
15(1) A pedestrian, including a highway construction and
16maintenance worker or skater.
17(2) A person on horseback.
18(3) A person operating equipment other than a motor vehicle,
19including, but not limited to, a bicycle, in-line skates, roller skates,
20scooter, or skateboard.
21(4) A person operating or using a farm tractor.
Section 42001.21 is added to the Vehicle Code, to
23read:
Notwithstanding any other law, a person convicted
25of a violation of Section 21071 is punishable by a fine of not less
26than one hundred forty-five dollars ($145) and not more than one
27thousand dollars ($1,000).
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
O
99