Bill Text: CA AB666 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Automated traffic enforcement systems: violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB666 Detail]

Download: California-2013-AB666-Introduced.html
BILL NUMBER: AB 666	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 21, 2013

   An act to amend Section 21455.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 666, as introduced, Wieckowski. Automated traffic enforcement
systems.
   Existing law authorizes the limit line, intersection, or other
places where a driver is required to stop to be equipped with an
automated traffic enforcement system 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.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 21455.5 of the Vehicle Code is amended to read:

   21455.5.  (a) The limit line, the intersection, or a place
designated in Section 21455, where a driver is required to stop, may
be equipped with an automated traffic enforcement system if the
governmental agency utilizing the system meets all of the following
requirements:
   (1) Identifies the system by signs posted within 200 feet of an
intersection where a system is operating that clearly indicate the
system's presence and are visible to traffic approaching from all
directions in which the automated traffic enforcement system is being
utilized to issue citations. A governmental agency utilizing such a
system does not need to post signs visible to traffic approaching the
intersection from directions not subject to the automated traffic
enforcement system. Automated traffic enforcement systems installed
as of January 1, 2013, shall be identified no later than January 1,
2014.
   (2) Locates the system at an intersection and ensures that the
system meets the criteria specified in Section 21455.7.
   (b) Prior to issuing citations under this section, a local
 jurisdiction   authority  utilizing an
automated traffic enforcement system shall commence a program to
issue only warning notices for 30 days. The local 
jurisdiction   authority also  shall  also
 make a public announcement of the automated traffic
enforcement system at least 30 days prior to the commencement of the
enforcement program.
   (c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated traffic enforcement
system. A governmental agency that operates an automated traffic
enforcement system shall do all of the following:
   (1) Develop uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establish procedures to ensure compliance with those
guidelines. For systems installed as of January 1, 2013, a
governmental agency that operates an automated traffic enforcement
system shall establish those guidelines by January 1, 2014.
   (2) Perform administrative functions and day-to-day functions,
including, but not limited to, all of the following:
   (A) Establishing guidelines for the selection of a location. Prior
to installing an automated traffic enforcement system after January
1, 2013, the governmental agency shall make and adopt a finding of
fact establishing that the system is needed at a specific location
for reasons related to safety.
   (B) Ensuring that the equipment is regularly inspected.
   (C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.
   (D) Regularly inspecting and maintaining warning signs placed
under paragraph (1) of subdivision (a).
   (E) Overseeing the establishment or change of signal phases and
the timing thereof.
   (F) Maintaining controls necessary to ensure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators.
   (d) The activities listed in subdivision (c) that relate to the
operation of the system may be contracted out by the governmental
agency, if it maintains overall control and supervision of the
system. However, the activities listed in paragraph (1)  of
 , and subparagraphs (A), (D), (E), and (F) of paragraph (2)
 of  ,  of  subdivision (c) shall not be
contracted out to the manufacturer or supplier of the automated
traffic enforcement system.
   (e) The printed representation of computer-generated information,
video, or photographic images stored by an automated traffic
enforcement system does not constitute an out-of-court hearsay
statement by a declarant under Division 10 (commencing with Section
1200) of the Evidence Code.
   (f) (1) Notwithstanding Section 6253 of the Government Code, or
any other law, photographic records made by an automated traffic
enforcement system  shall be   are 
confidential, and shall be made available only to governmental
agencies and law enforcement agencies and only for the purposes of
this article.
   (2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this article shall
be held confidential, and shall not be used for any other purpose.
   (3) Except for court records described in Section 68152 of the
Government Code, the confidential records and information described
in paragraphs (1) and (2) may be retained for up to six months from
the date the information was first obtained, or until final
disposition of the citation, whichever date is later, after which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record or
information.
   (g) Notwithstanding subdivision (f), the registered owner or any
individual identified by the registered owner as the driver of the
vehicle at the time of the alleged violation shall be permitted to
review the photographic evidence of the alleged violation.
   (h) (1) A contract between a governmental agency and a
manufacturer or supplier of automated traffic enforcement equipment
shall not include provision for the payment or compensation to the
manufacturer or supplier based on the number of citations generated,
or as a percentage of the revenue generated, as a result of the use
of the equipment authorized under this section.
   (2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.
   (3) A governmental agency that proposes to install or operate an
automated traffic enforcement system shall not consider revenue
generation, beyond recovering its actual costs of operating the
system, as a factor when considering whether or not to install or
operate a system within its  local  jurisdiction.
   (i) A manufacturer or supplier that operates an automated traffic
enforcement system pursuant to this section shall, in cooperation
with the governmental agency, submit an annual report to the Judicial
Council that includes, but is not limited to, all of the following
information if this information is in the possession of, or readily
available to, the manufacturer or supplier:
   (1) The number of alleged violations captured by the systems
 they operate   the manufacturer or supplier
operates  .
   (2) The number of citations issued by a law enforcement agency
based on information collected from the automated traffic enforcement
system.
   (3) For citations identified in paragraph (2), the number of
violations that involved traveling straight through the intersection,
turning right, and turning left.
   (4) The number and percentage of citations that are dismissed by
the court.
   (5) The number of traffic collisions at each intersection that
occurred prior to, and after the installation of, the automated
traffic enforcement system.
   (j) If a governmental agency utilizing an automated traffic
enforcement system has posted signs on or before January 1, 2013,
that met the requirements of paragraph (1) of subdivision (a) of this
section, as it read on January 1, 2012, the governmental agency
shall not remove those signs until signs are posted that meet the
requirements specified in this section, as it reads on January 1,
2013.                  
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