Bill Text: CA SB1389 | 2021-2022 | Regular Session | Amended
Bill Title: Vehicles: traffic stops.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-27 - Ordered to inactive file. [SB1389 Detail]
Download: California-2021-SB1389-Amended.html
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Amended
IN
Senate
March 31, 2022 |
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Amended
IN
Senate
March 16, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1389
| Introduced by Senator Bradford |
February 18, 2022 |
An act to add Section 2804.5 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1389, as amended, Bradford.
Vehicles: traffic stops.
Existing law authorizes specified peace officers, including agents of the Department of the California Highway Patrol, county sheriffs, and city police officers, to require a driver to stop and submit to an inspection in specified circumstances.
This bill would prohibit a peace officer from initiating a motor vehicle stop for a low-level infraction, unless there is separate, independent basis to initiate the stop. The bill would define “low-level infraction” for this purpose as a violation related to vehicle registration and equipment or the operation of a bicycle, a violation pertaining to the secure fastening of a license plate to the vehicle, and a violation for lighting equipment not illuminating, as specified. The bill would exclude from “low-level infractions” vehicle registrations that have expired for more than 6 months and violations
relating to commercial vehicles.
By requiring a higher level of service from peace officers, this 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, 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 the statutory provisions noted above.
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 2804.5 is added to the Vehicle Code, to read:2804.5.
(a) (1) For the purpose of this section, “low-level infraction” means any of the following:(A) A violation related to the registration of a vehicle or vehicle equipment or the operation of a bicycle, including, but not limited to, Sections 4000, 12951, 21201, and 21212.
(B) A violation pertaining to a license plate not securely fastened to the vehicle, but the plate is otherwise clearly displayed.
(C) A violation for lighting equipment not illuminating, but the violation is limited to a single brake light, headlight, or running light
or a single bulb in a larger light of the same.
(2) “Low-level infraction” does not include either of the following:
(A) Vehicle registrations that have expired for more than six months.
(B) Violations relating to commercial vehicles.
(b) Notwithstanding any other law, a peace officer shall not initiate a motor vehicle stop for a low-level infraction unless there is a separate, independent basis to initiate the motor vehicle stop.
