BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 3004|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 3004
Author: Houston (R)
Amended: 8/8/06 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/27/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
ASSEMBLY FLOOR : 74-0, 5/22/06 (Consent) - See last page
for vote
SUBJECT : Traffic enforcement: law enforcement vehicles
SOURCE : Alameda County Sheriffs Office
DIGEST : This bill directs the Commissioner of the
California Highway Patrol to amend regulations to ensure
that all distinctively painted patrol vehicles and
motorcycles used by police and traffic officers in Alameda
County, as well as other jurisdictions, are authorized to
enforce the Vehicle Code.
ANALYSIS : Existing law requires every traffic officer on
duty to wear a full distinctive uniform and, if using a
motor vehicle, that the vehicle be painted a distinctive
color specified by the Commissioner of the California
Highway Patrol (CHP).
Existing regulation provides that law enforcement motor
vehicles, except motorcycles, shall have an exterior
CONTINUED
AB 3004
Page
2
finish, exclusive of wheels, trim, and identification
indicia, and shall be painted as follows (13 CCR 1141):
1.Entirely white.
2.White, except that an area not less than and including
the front door panels shall be black.
3.Black, except that an area not less than and including
the front door panels shall be white.
4.Any other color that contrasts sharply with white,
providing an area not less than and including the front
door panels is white and the indicia or names of
governmental entities operating the vehicles are
displayed on the front door panels.
This bill states legislative intent that the Commissioner
of the California Highway Patrol should amend Section 1141
of Title 13 of the California Code of Regulations regarding
distinctively painted motor vehicles, including patrol
vehicles and motorcycles, used by police and traffic
officers "to accomplish the purposes of this section."
This intent language would additionally include the
following:
1.There is a current emergency in the County of Alameda
regarding the use of distinctively marked patrol vehicles
and motorcycles.
2.The dark blue painted patrol vehicles and motorcycles
currently used by the Alameda County Sheriff's Office do
not meet the specifications of Section 1141 of Title 13
of the California Code of Regulations.
3.Local courts have indicated that they will consider
dismissing driving under the influence charges if the
defense raises the issue regarding the color of these
motor vehicles.
This intent language also states that it is the intent of
the Legislature to ensure that all distinctively painted
patrol vehicles and motorcycles used by police and traffic
officers in Alameda County, as well as other jurisdictions,
AB 3004
Page
3
are authorized to enforce the Vehicle Code. This language
also states legislative intent that these regulations
should be adopted as an emergency regulation, as specified.
This bill specifies that nothing in this section is
intended to diminish the ability of the public to identify
these vehicles as law enforcement patrol vehicles and
motorcycles.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/8/06)
Alameda County Sheriff's Office (source)
California State Sheriffs' Association
Castro Valley Unified School District
MADD Alameda County Chapter
MADD California State Chapter
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : According to the author's office,
"The Alameda County Sheriff said they could not do
increased driving under the influence (DUI) enforcement
during busy holiday periods because they had blue cars,
which did not meet the color requirements as listed under
California Regulation. Vehicle Code Section 40800
specifies exemptions to this color requirement including
theft, hit-and-run, racing, etc. but does not include DUI
operations."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Calderon, Canciamilla, Chan, Chavez,
Chu, Cogdill, Cohn, Coto, Daucher, De La Torre, DeVore,
Dymally, Emmerson, Evans, Frommer, Garcia, Goldberg,
Hancock, Harman, Haynes, Jerome Horton, Shirley Horton,
Houston, Huff, Jones, Karnette, Keene, Klehs, Koretz, La
Malfa, La Suer, Leno, Leslie, Levine, Lieber, Lieu, Liu,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nava, Negrete McLeod, Niello, Parra, Pavley,
Plescia, Ridley-Thomas, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,
AB 3004
Page
4
Villines, Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: Bogh, Laird, Nation, Oropeza, Richman,
Sharon Runner
RJG:nl 8/8/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****