BILL NUMBER: AB 1191 ENROLLED BILL TEXT PASSED THE ASSEMBLY SEPTEMBER 10, 1997 PASSED THE SENATE AUGUST 28, 1997 AMENDED IN SENATE JULY 21, 1997 AMENDED IN SENATE JULY 8, 1997 AMENDED IN SENATE JUNE 26, 1997 AMENDED IN SENATE JUNE 25, 1997 AMENDED IN SENATE JUNE 9, 1997 AMENDED IN ASSEMBLY MAY 1, 1997 AMENDED IN ASSEMBLY APRIL 24, 1997 AMENDED IN ASSEMBLY APRIL 9, 1997 INTRODUCED BY Assembly Member Shelley (Principal coauthor: Senator Kopp) (Coauthors: Assembly Members Alquist, Keeley, Lempert, Perata, and Wayne) FEBRUARY 28, 1997 An act to add Section 1463.11 of the Penal Code, and to amend Section 42001 of, and to add Sections 42001.15 and 42007.3 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1191, Shelley. Vehicles: traffic rules and regulations: violations. (1) Under existing law, it is an infraction punishable by a base fine of not exceeding $100 for any person to fail to stop at a steady or flashing red signal light. Existing law provides for increased fines for subsequent convictions of infractions occurring within a one-year period. This bill would change the base fine for a violation of the above described red signal light infraction to a fine of $100. (2) Under existing law, all fines and forfeitures imposed and collected for crimes, other than parking offenses, resulting from a filing in a court are required to be deposited with the county treasurer and distributed in accordance with a specified formula each month to the state, counties, and cities. This bill would require, notwithstanding the specified distribution for fines, forfeitures, and assessments, that, for each conviction, as designated from fines, forfeitures, and assessments collected, of a violation of specified Vehicle Code provisions concerning red lights, 30% be allocated by the county treasurer to the general fund of the city or county in which the offenses occurred, with the balance to be deposited by the county treasurer in accordance with the formula specified above. The bill would make a similar allocation of revenues derived from fees collected from persons required or permitted to attend traffic violator schools because of violations of the same red light offenses. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program. (3) The bill would set forth certain legislative findings and declarations. (4) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Running a red light is a serious offense that causes death, injury, and destruction of property, and particularly endangers pedestrians, senior citizens, children, and the physically disabled. (b) The automobile accidents caused by drivers running red lights greatly increase the cost of municipal government, requiring police, fire, and ambulance responses, as well as medical care, frequently involving public hospitals. (c) The horrific accidents caused by drivers who run red lights continue to be a major source of traffic accidents in California. (d) The current fines are insufficient for a traffic offense that is as serious and potentially life threatening as running a red light. (e) An increase in the base fine to not less than one hundred dollars ($100) would significantly decrease the number of red light violations, thereby saving lives, reducing personal injury and property damage, and lowering the costs of municipal government required to deal with accidents caused by red light violators. SEC. 2. Section 1463.11 is added to the Penal Code, to read: 1463.11. Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (a) or (c) of Section 21453 of, subdivision (c) of Section 21454 of, or subdivision (a) of Section 21457 of, the Vehicle Code, and which are required to be deposited with the county treasurer pursuant to Section 1463 of this code shall be allocated as follows: (a) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred. (b) The balance of the amount collected shall be deposited by the county treasurer under Sections 1463 and 1464. SEC. 3. Section 42001 of the Vehicle Code is amended to read: 42001. (a) Except as provided in Section 42000.5, 42001.1, 42001.2, 42001.3, 42001.5, 42001.7, 42001.8, 42001.9, 42001.11, 42001.12, 42001.14, or 42001.15, or subdivision (b) or (c) of this section, or Article 2 (commencing with Section 42030), every person convicted of an infraction for a violation of this code or of any local ordinance adopted pursuant to this code shall be punished as follows: (1) By a fine not exceeding one hundred dollars ($100). (2) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200). (3) For a third or any subsequent infraction occurring within one year of two or more prior infractions which resulted in convictions, a fine not exceeding two hundred fifty dollars ($250). (b) Every person convicted of a misdemeanor violation of Section 2800, 2801, or 2803, insofar as they affect failure to stop and submit to inspection of equipment or for an unsafe condition endangering any person, shall be punished as follows: (1) By a fine not exceeding fifty dollars ($50) or imprisonment in the county jail not exceeding five days. (2) For a second conviction within a period of one year, a fine not exceeding one hundred dollars ($100) or imprisonment in the county jail not exceeding 10 days, or both that fine and imprisonment. (3) For a third or any subsequent conviction within a period of one year, a fine not exceeding five hundred dollars ($500) or imprisonment in the county jail not exceeding six months, or both that fine and imprisonment. (c) A pedestrian convicted of an infraction for a violation of this code or any local ordinance adopted pursuant to this code shall be punished by a fine not exceeding fifty dollars ($50). (d) Notwithstanding any other provision of law, any local public entity that employs peace officers, as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, the California State University, and the University of California may, by ordinance or resolution, establish a schedule of fines applicable to infractions committed by bicyclists within its jurisdiction. Any fine, including all penalty assessments and court costs, established pursuant to this subdivision shall not exceed the maximum fine, including penalty assessment and court costs, otherwise authorized by this code for that violation. If a bicycle fine schedule is adopted, it shall be used by the courts having jurisdiction over the area within which the ordinance or resolution is applicable instead of the fines, including penalty assessments and court costs, otherwise applicable under this code. SEC. 4. Section 42001.15 is added to the Vehicle Code, to read: 42001.15. Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be punished by a fine of one hundred dollars ($100). SEC. 5. Section 42007.3 is added to the Vehicle Code, to read: 42007.3. (a) Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator school pursuant to Section 42005 as a result of a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be allocated as follows: (1) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred. (2) The balance of the amount collected shall be deposited by the county treasurer under Section 42007. (b) This section does not apply to the additional twenty-four dollars ($24) collected under subdivision (a) of Section 42007.1. SEC. 6. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.