Bill Text: CA AB3191 | 2019-2020 | Regular Session | Introduced
Bill Title: Utility workers and vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-09 - Referred to Coms. on PUB. S. and TRANS. [AB3191 Detail]
Download: California-2019-AB3191-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3191
| Introduced by Assembly Member Gray |
February 21, 2020 |
An act to add Sections 241.9 and 243.11 to the Penal Code, and to amend Sections 21809 and 25260 of the Vehicle Code, relating to utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 3191, as introduced, Gray.
Utility workers and vehicles.
Existing law authorizes a public utility vehicle, or a vehicle of a duly authorized representative of a public utility, that is actually engaged in the construction, removal, maintenance, or inspection of public utility facilities to display flashing amber warning lights when necessarily parked on a highway or when moving at a speed slower than the normal flow of traffic. Existing law requires a person driving a vehicle on a freeway approaching a specified stationary vehicle displaying emergency or warning lights to approach with due caution and either make a lane change into an available lane not immediately adjacent to the stationary vehicle or slow to a reasonable and prudent speed. Under existing law, a violation of this provision is an infraction punishable by a fine of not more than $50.
This bill would additionally authorize vehicles owned
by a local publicly owned electric utility, a community choice aggregator, or an irrigation district to display flashing amber warning lights when necessarily parked on a highway or when moving at a speed slower than the normal flow of traffic. The bill would add utility vehicles, as defined, to the list of stationary vehicles for which a person driving on a freeway must approach with due caution and either make a lane change or slow to a reasonable and prudent speed.
Existing law defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury upon another person, and provides that it is punishable by a fine not exceeding $1,000, or imprisonment in a county jail for a period not exceeding 6 months, or both that fine and imprisonment. Existing law defines a battery as a willful and unlawful use of force or violence upon another person, and provides that it is punishable by a fine not exceeding $2,000, or imprisonment in a county
jail for a period not exceeding 6 months, or both that fine and imprisonment.
This bill would provide that a person who commits an assault or battery against a utility worker, as defined, be punished by a fine not to exceed $2,000, or imprisonment in a county jail for a period not to exceed one year, or by both that imprisonment and fine. Because the bill would create new crimes, the bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 241.9 is added to the Penal Code, to read:241.9.
(a) A person who commits an assault against a utility worker, and who knows or reasonably should know that the victim is a utility worker, shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.(b) “Utility worker” means an employee of a public utility, as defined in Section 216 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code, a community choice aggregator, or an irrigation district, who is engaged in the performance of their duties for that employer.
SEC. 2.
Section 243.11 is added to the Penal Code, immediately following Section 243.10, to read:243.11.
(a) A person who commits a battery against a utility worker, and who knows or reasonably should know that the victim is a utility worker, shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.(b) “Utility worker” means an employee of a public utility, as defined in Section 216 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code, a community choice aggregator, or an irrigation district, who is engaged in the performance of their duties for that employer.
SEC. 3.
Section 21809 of the Vehicle Code is amended to read:21809.
(a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights,(1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, or utility vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.
(b) A violation
of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).
(c) The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights lights, or the stationary marked utility vehicle displaying flashing amber warning lights, is not adjacent to the freeway or is separated from the freeway by a protective physical barrier.
(d) “Utility vehicle” means a vehicle owned by a public utility, as defined in Section 216 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code, a community choice aggregator, or an irrigation district, or a vehicle of a duly authorized representative of a public utility, a local publicly owned electric utility, a community choice aggregator, or an irrigation district.
SEC. 4.
Section 25260 of the Vehicle Code is amended to read:25260.
(a)(b) Vehicles A vehicle owned by a public transit operators which provide
operator that provides assistance to a disabled district bus may display flashing amber warning lights to the front, sides, or rear when necessarily parked on a highway.
