AB 2398, 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.
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.
The people of the State of California do enact as follows:
Section 42001.19 of the Vehicle Code is amended to read:
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) (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).
(2) For purposes of this subdivision, “vulnerable road user” means:
(A) A pedestrian, including a highway construction and maintenance worker.
(B) A person on horseback.
(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.
(D) A person operating or using a farm tractor.
(E) A person on an electric personal assistive mobility device, as defined in Section 313.
(F) A person in a wheelchair.
(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
Section 42001.19 is added to the Vehicle Code, to read:
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.
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