Bill Text: CA SB177 | 2009-2010 | Regular Session | Introduced
Bill Title: Vehicles: child passengers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-28 - Set, first hearing. Hearing canceled at the request of author. [SB177 Detail]
Download: California-2009-SB177-Introduced.html
BILL NUMBER: SB 177 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 17, 2009
An act to amend Section 1464 of the Penal Code, and to amend
Sections 27315, 27315.3, and 27360 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 177, as introduced, Lowenthal. Vehicles: child passengers.
(1) Existing law establishes rules of the road governing the
operation of vehicles upon the highways, including, among other
things, a mandatory seat belt law. A violation of these provisions is
a crime.
This bill would delete related legislative findings and
declarations and make other conforming changes in existing law.
(2) Existing law prohibits a parent or legal guardian, while
present in a motor vehicle, from permitting his or her child or ward
to be transported upon a highway in the vehicle without properly
securing the child or ward in a rear seat in a child passenger
restraint system meeting applicable federal safety standards, unless
the child or ward is 6 years of age or older or weighs 60 pounds or
more. Existing law imposes a similar prohibition on the driver of a
vehicle, unless the parent or legal guardian of the child is also
present in the vehicle and is not the driver. Existing law permits a
child or ward under the age of 6 years who weighs less than 60 pounds
to ride in the front seat of a motor vehicle if the child is
properly secured in a child passenger restraint system that meets
applicable federal motor vehicle safety standards, under specified
circumstances, including, but not limited to, if all rear seats are
already occupied by children under the age of 12 years.
This bill would, for purposes of allowing certain children to sit
in the front seat under this exception, lower the age of the children
occupying the rear seats from 12 to 8 years of age.
Because this bill would change the definition of an existing
crime, the bill would impose a state-mandated local program.
(3) The bill would also make various nonsubstantive technical and
conforming changes.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1464 of the Penal Code is amended to read:
1464. (a) (1) Subject to Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code, and except as otherwise
provided in this section, there shall be levied a state penalty in
the amount of ten dollars ($10) for every ten dollars ($10), or part
of ten dollars ($10), upon every fine, penalty, or forfeiture imposed
and collected by the courts for all criminal offenses, including all
offenses, except parking offenses as defined in subdivision (i) of
Section 1463, involving a violation of a section of the Vehicle Code
or any local ordinance adopted pursuant to the Vehicle Code.
(2) Any bail schedule adopted pursuant to Section 1269b or bail
schedule adopted by the Judicial Council pursuant to Section 40310 of
the Vehicle Code may include the necessary amount to pay the
penalties established by this section and Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, and the surcharge
authorized by Section 1465.7, for all matters where a personal
appearance is not mandatory and the bail is posted primarily to
guarantee payment of the fine.
(3) The penalty imposed by this section does not apply to the
following:
(A) Any restitution fine.
(B) Any penalty authorized by Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7.
(b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case. When a fine is
suspended, in whole or in part, the state penalty shall be reduced in
proportion to the suspension.
(c) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state penalty prescribed by this section for forfeited
bail. If bail is returned, the state penalty paid thereon pursuant
to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state penalty, the payment of
which would work a hardship on the person convicted or his or her
immediate family.
(e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury. The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code
shall be deposited in the appropriate county fund and 70 percent of
the balance shall then be transmitted to the State Treasury, to be
deposited in the State Penalty Fund, which is hereby created, and 30
percent to remain on deposit in the county general fund. The
transmission to the State Treasury shall be carried out in the same
manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0.33 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less than
the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game. These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
(2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month. Those
funds shall be made available in accordance with Section 13967 of
the Government Code.
(3) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 23.99 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month.
(4) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 25.70 percent of
the state penalty funds deposited in the State Penalty Fund during
the preceding month.
(5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month.
Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established pursuant
to Section 11503 an amount equal to 0.78 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month. The amount so transferred shall not exceed the sum of eight
hundred fifty thousand dollars ($850,000) in any fiscal year. The
remainder in excess of eight hundred fifty thousand dollars
($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month.
(8) (A) Once a month there
shall be transferred into the Traumatic Brain Injury Fund, created
pursuant to Section 4358 of the Welfare and Institutions Code, an
amount equal to 0.66 percent of the state penalty funds deposited
into the State Penalty Fund during the preceding month. However, the
amount of funds transferred into the Traumatic Brain Injury Fund for
the 1996-97 fiscal year shall not exceed the amount of five hundred
thousand dollars ($500,000). Thereafter, funds shall be transferred
pursuant to the requirements of this section. Notwithstanding any
other provision of law, the funds transferred into the Traumatic
Brain Injury Fund for the 1997-98, 1998-99, and 1999-2000 fiscal
years, may be expended by the State Department of Mental Health, in
the current fiscal year or a subsequent fiscal year, to provide
additional funding to the existing projects funded by the Traumatic
Brain Injury Fund, to support new projects, or to do both.
(B) Any moneys deposited in the State Penalty Fund attributable to
the assessments made pursuant to subdivision (i) of Section 27315 of
the Vehicle Code on or after the date that Chapter 6.6 (commencing
with Section 5564) of Part 1 of Division 5 of the Welfare and
Institutions Code is repealed shall be utilized in accordance with
paragraphs (1) to (8), inclusive, of this subdivision.
SEC. 2. Section 27315 of the Vehicle Code is amended to read:
27315. (a) The Legislature finds that a mandatory
seatbelt law will contribute to reducing highway deaths and injuries
by encouraging greater usage of existing manual seatbelts, that
automatic crash protection systems which require no action by vehicle
occupants offer the best hope of reducing deaths and injuries, and
that encouraging the use of manual safety belts is only a partial
remedy for addressing this major cause of death and injury. The
Legislature declares that the enactment of this section is intended
to be compatible with support for federal safety standards requiring
automatic crash protection systems and should not be used in any
manner to rescind federal requirements for installation of automatic
restraints in new cars.
(b) This section shall be
known and may be cited as the Motor Vehicle Safety Act.
(c)
(b) (1) As used in this section, "motor vehicle" means
a passenger vehicle, a motortruck, or a truck tractor, but does not
include a motorcycle.
(2) For purposes of this section, a "motor vehicle" also means a
farm labor vehicle, regardless of the date of certification under
Section 31401.
(d)
(c) (1) A person shall not operate a motor vehicle on a
highway unless that person and all passengers 16 years of age or
over are properly restrained by a safety belt. This paragraph does
not apply to the operator of a taxicab, as defined in Section 27908,
when the taxicab is driven on a city street and is engaged in the
transportation of a fare-paying passenger. The safety belt
requirement established by this paragraph is the minimum safety
standard applicable to employees being transported in a motor
vehicle. This paragraph does not preempt more stringent or
restrictive standards imposed by the Labor Code or another state or
federal regulation regarding the transportation of employees in a
motor vehicle.
(2) The operator of a limousine for hire or the operator of an
authorized emergency vehicle, as defined in subdivision (a) of
Section 165, shall not operate the limousine for hire or authorized
emergency vehicle unless the operator and any passengers six years of
age or over or weighing 60 pounds or more in the front seat are
properly restrained by a safety belt.
(3) The operator of a taxicab shall not operate the taxicab unless
any passengers six years of age or over or weighing 60 pounds or
more in the front seat are properly restrained by a safety belt.
(e)
(d) A person 16 years of age or over shall not be a
passenger in a motor vehicle on a highway unless that person is
properly restrained by a safety belt. This subdivision does not apply
to a passenger in a sleeper berth, as defined in subdivision (x) of
Section 1201 of Title 13 of the California Code of Regulations.
(f)
(e) An owner of a motor vehicle, including an owner or
operator of a taxicab, as defined in Section 27908, or a limousine
for hire, operated on a highway shall maintain safety belts in good
working order for the use of the occupants of the vehicle.
The safety belts shall conform to motor vehicle safety standards
established by the United States Department of Transportation. This
subdivision, however, does not require installation or maintenance of
safety belts if it is not required by the laws of the
United States applicable to the vehicle at the time of its initial
sale.
(g)
(f) This section does not apply to a passenger or
operator with a physically disabling condition or medical condition
that would prevent appropriate restraint in a safety belt, if the
condition is duly certified by a licensed physician and surgeon or by
a licensed chiropractor who shall state the nature of the condition,
as well as the reason the restraint is inappropriate. This section
also does not apply to a public employee , when
if the public employee is in an authorized emergency
vehicle as defined in paragraph (1) of subdivision (b) of Section
165, or to a passenger in a seat behind the front seat of an
authorized emergency vehicle as defined in paragraph (1) of
subdivision (b) of Section 165 operated by the public employee,
unless required by the agency employing the public employee.
(h)
(g) Notwithstanding subdivision (a) of Section 42001, a
violation of subdivision (d), (e), or (f)
(c), (d), or (e) is an infraction punishable by a
fine of not more than twenty dollars ($20) for a first offense, and a
fine of not more than fifty dollars ($50) for each subsequent
offense. In lieu of the fine and any penalty assessment or court
costs, the court, pursuant to Section 42005, may order that a person
convicted of a first offense attend a school for traffic violators or
another court-approved program in which the proper use of safety
belts is demonstrated.
(i)
(h) In a civil action, a violation of subdivision
(d), (e), or (f) (c), (d), or (e) or
information of a violation of subdivision (h)
(g) does not establish negligence as a matter of law or
negligence per se for comparative fault purposes, but negligence may
be proven as a fact without regard to the violation.
(j)
(i) If the United States Secretary of Transportation
fails to adopt safety standards for manual safety belt systems by
September 1, 1989, a motor vehicle manufactured after that date for
sale or sold in this state shall not be registered unless it contains
a manual safety belt system that meets the performance standards
applicable to automatic crash protection devices adopted by the
United States Secretary of Transportation pursuant to Federal Motor
Vehicle Safety Standard No. 208 (49 C.F.R. 571.208) as in effect on
January 1, 1985.
(k)
(j) A motor vehicle offered for original sale in this
state which that has been manufactured
on or after September 1, 1989, shall comply with the automatic
restraint requirements of Section S4.1.2.1 of Federal Motor Vehicle
Safety Standard No. 208 (49 C.F.R. 571.208), as published in Volume
49 of the Federal Register, No. 138, page 29009 (July 17, 1984)
. An automobile manufacturer that sells or delivers a motor
vehicle subject to this subdivision, and fails to comply with this
subdivision, shall be punished by a fine of not more than five
hundred dollars ($500) for each sale or delivery of a noncomplying
motor vehicle.
()
(k) Compliance with subdivision (j)
or (k) (i) or (j) by a manufacturer shall be
made by self-certification in the same manner as self-certification
is accomplished under federal law.
(m)
(l) This section does not apply to a person actually
engaged in delivery of newspapers to customers along the person's
route if the person is properly restrained by a safety belt prior to
commencing and subsequent to completing delivery on the route.
(n)
(m) This section does not apply to a person actually
engaged in collection and delivery activities as a rural delivery
carrier for the United States Postal Service if the person is
properly restrained by a safety belt prior to stopping at the first
box and subsequent to stopping at the last box on the route.
(o)
(n) This section does not apply to a driver actually
engaged in the collection of solid waste or recyclable materials
along that driver's collection route if the driver is properly
restrained by a safety belt prior to commencing and subsequent to
completing the collection route.
(p)
(o) Subdivisions (d), (e), (f), (g), and (h)
(c), (d), (e), (f), and (g) shall become
inoperative immediately upon the date that the United States
Secretary of Transportation, or his or her delegate, determines to
rescind the portion of the Federal Motor Vehicle Safety Standard No.
208 (49 C.F.R. 571.208) which that
requires the installation of automatic restraints in new motor
vehicles, except that those subdivisions shall not become inoperative
if the secretary's decision to rescind that Standard No. 208 is not
based, in any respect, on the enactment or continued operation of
those subdivisions.
SEC. 3. Section 27315.3 of the Vehicle Code is amended to read:
27315.3. (a) As used in this section, "passenger motor vehicle"
means any a passenger vehicle as
defined in Section 465 and any a
motortruck as defined in Section 410 of less than 6,001 pounds
unladen weight, but does not include a motorcycle as defined in
Section 400.
(b) Every sheriff's department and city police department and the
Department of the California Highway Patrol shall maintain safety
belts in good working order for the use of occupants of any
a vehicle which that
it operates on a highway for the purpose of patrol. The safety
belts shall conform to motor vehicle safety standards established by
the United States Department of Transportation. This subdivision does
not, however, require installation or maintenance of safety belts
where not required by the laws of the United States applicable to the
vehicle at the time of its initial sale.
(c) Notwithstanding subdivision (a) of Section 42001, any
a violation of subdivision (b) is an infraction
punishable by a fine, including all penalty assessments and court
costs imposed on the convicted department, of not more than twenty
dollars ($20) for a first offense, and a fine, including all penalty
assessments and court costs imposed on the convicted department, of
not more than fifty dollars ($50) for each subsequent offense.
(d) (1) For any a violation of
subdivision (b), in addition to the fines provided for pursuant to
subdivision (c) and the penalty assessments provided for pursuant to
Section 1464 of the Penal Code, an additional penalty assessment of
two dollars ($2) shall be levied for any a
first offense, and an additional penalty assessment of five
dollars ($5) shall be levied for any subsequent offense.
(2) All money collected pursuant to this subdivision shall be
utilized in accordance with Section 1464 of the Penal Code.
(e) In any a civil action, a
violation of subdivision (b) or information of a violation of
subdivision (c) shall not establish negligence as a matter of law or
negligence per se for comparative fault purposes, but negligence may
be proven as a fact without regard to the violation.
(f) Subdivisions (b) and (c) shall become inoperative immediately
upon the date that the Secretary of the United States Department of
Transportation, or his or her delegate, determines to rescind the
portion of the Federal Motor Vehicle Safety Standard No. 208 (49
C.F.R. 571.208) which that requires the
installation of automatic restraints in new passenger motor
vehicles, except that those subdivisions shall not become inoperative
if the secretary's decision to rescind Standard No. 208 is not
based, in any respect, on the enactment or continued operation of
those subdivisions or subdivisions (d) (c)
to (h) (g) , inclusive, of
Section 27315.
SEC. 4. Section 27360 of the Vehicle Code is amended to read:
27360. (a) A parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may not permit his or her child
or ward to be transported upon a highway in the motor vehicle
without properly securing the child or ward in a rear seat in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards, unless the child or ward is one of the following:
(1) Six years of age or older.
(2) Sixty pounds or more.
(b) (1) A driver may not transport on a highway a child in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a rear seat in a child passenger restraint system meeting
applicable federal motor vehicle safety standards, unless the child
is one of the following:
(A) Six years of age or older.
(B) Sixty pounds or more.
(2) This subdivision does not apply to a driver if the parent or
legal guardian of the child is also present in the vehicle and is not
the driver.
(c) (1) For purposes of subdivisions (a) and (b), and except as
provided in paragraph (2), a child or ward under the age of six years
who weighs less than 60 pounds may ride in the front seat of a motor
vehicle , if the child is properly
secured in a child passenger restraint system that meets applicable
federal motor vehicle safety standards, under any of the following
circumstances:
(A) There is no rear seat.
(B) The rear seats are side-facing jump seats.
(C) The rear seats are rear-facing seats.
(D) The child passenger restraint system cannot be installed
properly in the rear seat.
(E) All rear seats are already occupied by children under the age
of 12 eight years.
(F) Medical reasons necessitate that the child or ward not ride in
the rear seat. The court may require satisfactory proof of the child'
s medical condition.
(2) A child or ward may not ride in the front seat of a motor
vehicle with an active passenger airbag if the child or ward is one
of the following:
(A) Under one year of age.
(B) Less than 20 pounds.
(C) Riding in a rear-facing child passenger restraint system.
(d) (1) (A) A first offense under this section is punishable by a
fine of one hundred dollars ($100), except that the court may reduce
or waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of a child passenger restraint system for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(2) (A) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(e) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) (A) Sixty percent to health departments of local jurisdictions
where the violation occurred, to be used for a community education
program that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists an economically disadvantaged family in
obtaining a restraint system through a low-cost purchase or loan. The
county or city health department shall designate a coordinator to
facilitate the creation of a special account and to develop a
relationship with the court system to facilitate the transfer of
funds to the program. The county or city may contract for the
implementation of the program. Prior to obtaining possession of a
child passenger restraint system pursuant to this section, a person
shall attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system.
(B) As the proceeds from fines become available, county or city
health departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
