BILL NUMBER: AB 539	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  APRIL 5, 2011

INTRODUCED BY   Assembly Member Williams
    (   Coauthor:   Assembly Member  
Achadjian   ) 

                        FEBRUARY 16, 2011

   An act to add Section  1463.21 to the Penal Code, and to add
Section  42000.2 to the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 539, as amended, Williams. Vehicles: speeding: school zones:
penalties.
   Existing law establishes the prima facie speed limit on various
roadways, including a 25 miles per hour speed limit when approaching
or passing a school building or grounds, contiguous to a highway and
posted with a standard "SCHOOL" warning sign, while children are
going to or leaving the school. Existing law authorizes a local
authority to lower the speed limit in a school zone in certain
circumstances including when a local authority determines upon the
basis of an engineering and traffic survey  that  the prima
facie speed limit of 25 miles per hour is more than is reasonable or
safe. A violation of the Vehicle Code is an infraction unless stated
otherwise. Existing law establishes a penalty structure for a person
convicted of an infraction that requires a fine of not more than $100
or $250 depending on the number of violations within a specified
time period.
   This bill would authorize a local authority to adopt an ordinance
or resolution that doubles a base fine imposed upon a person who is
convicted of speeding in a school zone if certain conditions are met,
including the condition that the street on which the speeding
offense occurred is not one where the speed could have been reduced
because the maximum posted prima facie speed limit is greater than 30
miles per hour, as provided. The bill would provide that the
doubling of the base fine shall not result in the increase in any
associated and additional penalties, fines, fees, or assessments, as
provided by law.  The bill would also provide that a local
authority that adopts an ordinance shall receive funds from a special
account in the county treasury for use for specified purposes,
including driver awareness educational programs. The money in the
fund would come from the   enhanced portion of the fine
imposed for speeding in the specified school zone. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1463.21 is added to the 
 Penal Code   , to read:  
   1463.21.  Notwithstanding Section 1463.001, out of the moneys
deposited with the county treasurer pursuant to Section 1463.001, the
enhanced portion of the fine imposed pursuant to Section 42000.2 of
the Vehicle Code shall be deposited in a special account in the
county treasury which shall be used exclusively to pay for the cost
of education, engineering, or enforcement administered by a local
authority that adopted an ordinance or resolution pursuant to Section
42000.2 of the Vehicle Code. 
   SECTION 1.   SEC. 2.   Section 42000.2
is added to the Vehicle Code, to read:
   42000.2.  (a) A local authority may adopt an ordinance or
resolution that doubles the base fine imposed on a person who is
convicted of speeding in a school zone, as defined in Section 40802,
if the following conditions are met:
   (1) Children are present at the time the offense was committed.
   (2) A sign was erected in the zone that provides notification to
the driver of the doubled base fine zone.
   (3) The highway on which the offense occurred is not one for which
the speed limit could have been reduced by the local authority
pursuant  to  subdivision (b) of Section 22358.4 because the
posted speed limit does not meet the condition specified in
subparagraph (B) of paragraph (2) of that subdivision.
   (b) Doubling of the base fine, pursuant to this section, shall not
result in the increase in any associated and additional penalties,
fines, fees, or assessments as provided by law. 
   (c) A local authority that adopts an ordinance or resolution
pursuant to this section shall receive funds from a special account
in the county treasury pursuant to Section 1463.21 of the Penal Code.
These funds shall be used for any of the following purposes: 

   (1) Educational programs meant to increase driver awareness of the
enhanced fine and the dangers associated with speeding in school
zones that are provided in a manner that recognizes the different
languages spoken within the community.  
   (2) Enforcement of the speed limit in a school zone.  
   (3) Engineering programs that enhance the safety of students
traveling to and from school on foot or bicycle.