Amended in Senate August 19, 2014

Amended in Senate June 19, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 9, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2398

Introduced by Assembly Member Levine

February 21, 2014

An act to begin delete add Sections 12810.6, 21071, and 42001.21 to the Vehicle Code, end delete begin insert amend, repeal, and add Section 42001.19 of the Vehicle Code, end insert relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2398, as amended, 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 conviction 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. begin delete 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. end delete

begin delete

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 conviction under these provisions punishable by a fine of not less than $220 and not more than $300. 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.

end delete begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete begin insert

This bill, until January 1, 2020, would make a conviction under these provisions punishable by a fine, in lieu of the fines imposed for violations involving bodily injury or great bodily injury, of not less than $220 and not more than $300 for a violation involving bodily injury or great bodily injury to a vulnerable road user, as defined.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 42001.19 of the end insert begin insert Vehicle Code end insert begin insert is amended
to read: end insert

42001.19.  

Notwithstanding any other begin delete provision of end delete law, a person
convicted of a violation of Section 21070 is punishable, as follows:

(a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).

(b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).

begin insert

(c) (1) For a violation involving bodily injury or great bodily
injury to a vulnerable road user, by a fine of not less than two
hundred twenty dollars ($220) and not more than three hundred
dollars ($300).

end insert begin insert

(2) For purposes of this subdivision, “vulnerable road user”
means:

end insert begin insert

(A) A pedestrian, including a highway construction and
maintenance worker.

end insert begin insert

(B) A person on horseback.

end insert begin insert

(C) A person operating equipment other than a motor vehicle,
including, but not limited to, a bicycle, in-line skates, roller skates,
scooter, or skateboard.

end insert begin insert

(D) A person operating or using a farm tractor.

end insert begin insert

(E) A person on an electric personal assistive mobility device,
as defined in Section 313.

end insert begin insert

(F) A person in a wheelchair.

end insert begin insert

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 42001.19 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 42001.19. end insert   

Notwithstanding any other law, a person convicted
of a violation of Section 21070 is punishable, as follows:

(a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).

(b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).

(c) This section shall become operative on January 1, 2020.

end insert

begin delete

SECTION 1.  

Section 12810.6 is added to the Vehicle Code,
to read:

12810.6.  

A conviction of a violation of Section 21071 shall be
given a value of one violation point.

SEC. 2.  

Section 21071 is added to the Vehicle Code, to read:

21071.  

(a) Notwithstanding any other law, a driver who
violates any provision of this division that is punishable as an
infraction and, as a result of that violation, proximately causes
bodily injury or great bodily injury, as defined in Section 12022.7
of the Penal Code, to a vulnerable road user, is guilty of the public
offense of unsafe operation of a motor vehicle with bodily injury
or great bodily injury. That violation is punishable as an infraction
pursuant to Section 42001.21.

(b) For purposes of this section, “vulnerable road user” means:

(1) A pedestrian, including a highway construction and
maintenance worker.

(2) A person on horseback.

(3) A person operating equipment other than a motor vehicle,
including, but not limited to, a bicycle, in-line skates, roller skates,
scooter, or skateboard.

(4) A person operating or using a farm tractor.

(5) A person on an electric personal assistive mobility device
as defined in Section 313.

(6) A person in a wheelchair.

SEC. 3.  

Section 42001.21 is added to the Vehicle Code, to
read:

42001.21.  

Notwithstanding any other law, a person convicted
of a violation of Section 21071 is punishable by a fine of not less
than two hundred twenty dollars ($220) and not more than three
hundred dollars ($300).

SEC. 4.  

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.

end delete