BILL ANALYSIS                                                                                                                                                                                                    




                                                                      AB 1191  
                                                                     Page 1

ASSEMBLY THIRD READING
AB 1191 (Shelley)
As Amended May 1, 1997
Majority vote
                                                   
  TRANSPORTATION           19-1           APPROPRIATIONS       21-0             

Ayes:  Murray, Baugh, Baca, Battin,     Ayes:  Migden, Poochigian, Ackerman,
       Bowler, Cardenas, Figueroa,             Aguiar, Baca, Bordonaro,
       Havice, Lempert, Mazzoni,               Brewer, Cardenas, Granlund, 
       Morrow, Napolitano, Perata,             Kuehl, Machado, Martinez,
       Poochigian, Prenter, Runner,            Woods, Papan, Perata, Shelley,
       Scott, Torlakson, Wayne                 Sweeney, Takasugi, Thomson,
                                               Villaraigosa, Washington

Nays:  McClintock                       

  SUMMARY  :  Seeks to increase the minimum fine that can be imposed for failing  
to stop at a red traffic signal light.  The bill also seeks to provide greater  
revenue to counties for the enforcement of those traffic provisions.   
Specifically,  this bill :  
1)  Sets the minimum allowable fine for specified traffic infractions  
    involving red signal lights at $100.  

2)  Adjusts the schedule of fines for those who are convicted of subsequent  
    infractions within a one-year period. 

3)  Specifies that $80 from each of the above convictions shall go to local  
    law enforcement agencies in whose jurisdiction the offenses occurred.

  EXISTING LAW  provides that all court-imposed fines and forfeitures collected  
for crimes other than parking offenses, shall be divided according to a  
specified formula to the state, counties and cities.
 
  FISCAL EFFECT  :  Unknown

  COMMENTS  :  Notwithstanding the maximum and base amounts set in state law,  
fines for all moving violations are set by the state Judicial Council (JC).   
These fines are published and available to the public through the Uniform Bail  
and Penalty Schedule.  Each specific violation, such as failure to stop at a  
red traffic signal, is assigned a range within which the fines may be set.  In  
the case of traffic violations involving red light signals, the JC has set the  
fine at $35.  

In addition to the $35 fine, assessments of $40 and $28 are added as  
authorized under Section 76000 of the Government Code and Section 1464 of the  
Penal Code, respectively.  This brings the total to $103.  Some local  
jurisdictions, impose their own fees.  For instance, San Francisco County adds  
an additional $1 Night Court fee. 

Judges have the authority to lower fines on a case by case basis.

According to the author, in 1995, California drivers who failed to stop at red  










                                                                      AB 1191  
                                                                     Page 2

traffic signals caused collisions resulting in 238 deaths and 19,019 injuries.  
 
The author states that the current $104 fine for running a red light as set in  
San Francisco County is not an effective deterrent and that these types of  
infractions constitute one of the most serious traffic violations in the  
Vehicle Code.  The author further points out that the current fine amounts and  
distribution schedules do not provide enough monies to local law enforcement  
agencies who are charged with reducing the incidence of these violations.


  Analysis prepared by  :  Andrew K. Antwih / atrns / (916) 445-7278 


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