BILL NUMBER: AB 432	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 14, 2011

   An act to amend  Section 210   Sections 
 40518 and 40520  of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 432, as amended, Hall. Vehicles:  automated traffic
enforcement systems.   notice to appear: service. 

   (1) Existing law provides special written, mailed notice to appear
procedures in connection with certain alleged traffic violations,
including those recorded by an automated traffic enforcement system,
and also requires that for those violations recorded by an automated
traffic enforcement system the governmental agency may not contract
out to the manufacturer or supplier of the automated traffic
enforcement system the requirement to maintain controls necessary to
ensure that only those citations that have been reviewed and approved
by law enforcement are delivered to violators.  
   This bill would require that only a peace officer or a qualified
employee of a law enforcement agency may serve a notice to appear for
the specified traffic offenses, including those recorded by an
automated traffic enforcement system. By expanding the duties of
local law enforcement officials, the bill would impose a
state-mandated local program.  
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
    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.  
   Existing law defines an "automated enforcement system" as any
system operated by a governmental agency, in cooperation with a law
enforcement agency, that photographically records a driver's
responses to a rail or rail transit signal or crossing gate, or both,
or to an official traffic control signal and is designed to obtain a
clear photograph of a vehicle's license plate and the driver of the
vehicle.  
   This bill would redefine an "automated enforcement system" as an
"automated traffic enforcement system" and would also include a
system that uses digital recording to obtain a digital image or
digital video of a vehicle's license plate and the driver of the
vehicle.  
   By expanding the definition of an existing crime, the 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 1.    Section 40518 of the   Vehicle
Code   is amended to read: 
   40518.  (a)  Whenever a   A  written
notice to appear  has been  shall be 
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 
through the United States Postal Service  as evidence of service
 , an   . An  exact and legible duplicate
copy of the notice  to appear  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) 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.
   SEC. 2.    Section 40520 of the   Vehicle
Code   is amended to read: 
   40520.  (a) A notice to appear issued pursuant to Section 40518
for an alleged violation recorded by an automatic  traffic 
enforcement system shall contain, or be accompanied by, an affidavit
of nonliability and information as to what constitutes nonliability,
information as to the effect of executing the affidavit, and
instructions for returning the affidavit to the issuing agency.
   (b) (1) If a notice to appear is sent to a car rental or leasing
company, as the registered owner of the vehicle, the company may
return the notice of nonliability pursuant to paragraph (2), if the
violation occurred when the vehicle was either leased or rented and
operated by a person other than an employee of the rental or leasing
company.
   (2) If the affidavit of nonliability is returned to the issuing
agency by the registered owner within 30 days of the mailing of the
notice to appear together with the proof of a written rental
agreement or lease between a bona fide renting or leasing company and
its customer and that agreement identifies the renter or lessee and
provides the driver's license number, name, and address of the renter
or lessee, the agency shall cancel the notice for the registered
owner to appear and shall, instead, issue a notice to appear to the
renter or lessee identified in the affidavit of nonliability.
   (c) Nothing in this section precludes an issuing agency from
establishing a procedure whereby registered owners, other than bona
fide renting and leasing companies, may execute an affidavit of
nonliability if the registered owner identifies the person who was
the driver of the vehicle at the time of the alleged violation and
whereby the issuing agency issues a notice to appear  pursuant to
Section 40518  to that person.
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 210 of the Vehicle Code is
amended to read:
   210.  An "automated traffic enforcement system" is any system
operated by a governmental agency, in cooperation with a law
enforcement agency, that digitally or photographically records a
driver's responses to a rail or rail transit signal or crossing gate,
or both, or to an official traffic control signal described in
Section 21450, and is designed to obtain a clear digital image,
digital video, or photograph of a vehicle's license plate and the
driver of the vehicle.  
  SEC. 2.    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.