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.