Bill Text: CA SB50 | 2023-2024 | Regular Session | Amended

California Senate Bill 50

Bill Title: Vehicles: enforcement.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed) 2023-09-14 - Ordered to inactive file on request of Assembly Member Bryan. [SB50 Detail]

Download: California-2023-SB50-Amended.html

Amended IN Assembly September 07, 2023

Amended IN Assembly September 01, 2023

Amended IN Assembly June 29, 2023

Amended IN Senate May 18, 2023

Amended IN Senate March 30, 2023

Amended IN Senate February 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 50

Introduced by Senator Bradford
(Principal coauthors: Assembly Members Bryan and Kalra)
(Coauthors: Senators Menjivar, Skinner, and Wahab)
(Coauthors: Assembly Members Friedman, Jackson, McKinnor, and Wilson)

December 05, 2022

An act to amend Sections 21 and 21100 of, and to add Section 2804.5 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 50, as amended, Bradford. Vehicles: enforcement.

Existing law authorizes a peace officer to make an arrest pursuant to a warrant or without a warrant if, among other circumstances, the officer has probable cause to believe that the person has committed a public offense in the officer’s presence. Under existing law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code.

Existing case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under existing case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Existing case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.

This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists or more than one low-level infraction is observed. The bill would state that a violation of these provisions is not grounds for a defendant to move for return of property or to suppress evidence. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.

The bill would authorize local authorities to enforce a nonmoving or equipment violation of the Vehicle Code through government employees who are not peace officers.

This bill would incorporate additional changes to Section 21100 of the Vehicle Code proposed by AB 436 and AB 825 to be operative only if this bill and AB 436, this bill and AB 825, or this bill, AB 436, and AB 825 are enacted and this bill is enacted last.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 21 of the Vehicle Code is amended to read:

21.

(a) Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the state and in all counties and municipalities therein, and a local authority shall not enact or enforce any ordinance or resolution on the matters covered by this code, including ordinances or resolutions that establish regulations or procedures for, or assess a fine, penalty, assessment, or fee for a violation of, matters covered by this code, unless expressly authorized by this code.

(b) To the extent permitted by current state law, this section does not impair the current lawful authority of the Mountains Recreation and Conservation Authority, a joint powers authority, or any member agency constituted therein as of July 1, 2010, to enforce an ordinance or resolution relating to the management of public lands within its jurisdiction.

(c) This section does not preclude a county, city, municipality, or any other local authority from enforcing a nonmoving or equipment violation provided in this code through government employees who are not peace officers.

SEC. 2.

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 in Sections 4000 and 5352.

(B) A violation related to the positioning or number of license plates when the rear license plate is clearly displayed, in Sections 5200, 5201, and 5204.

(C) A violation related to vehicle lighting equipment not illuminating, if the violation is limited to a single brake light, headlight, rear license plate, or running light, or a single bulb in a larger light of the same, in Sections 24252, 24400, 24600, 24601, and 24603.

(D) A violation related to vehicle bumper equipment in Section 28071.

(E) A violation related to bicycle equipment or operation in Sections 21201 and 21212.

(2) “Low-level infraction” does not include violations relating to commercial vehicles.

(b) (1) Notwithstanding any other law, a peace officer shall not stop or detain the operator of a motor vehicle or a bicycle for a low-level infraction unless there is a separate, independent basis to initiate the stop or more than one low-level infraction is observed.

(2) A violation of this subdivision is not grounds for a defendant to move for the return of property or to suppress evidence pursuant to Section 1538.5 of the Penal Code.

(c) If an officer does not have grounds to stop or detain the operator of a motor vehicle or bicycle, and the officer can identify the owner of the vehicle, the officer’s agency may, consistent with current law, mail a citation to the owner, or send a warning letter identifying the violation and instructing the owner to correct the defect or otherwise remedy the violation.

(d) To the extent that this section relates to the reporting process for stop data required by Section 12525.5 of the Government Code, the Attorney General shall issue any necessary updates to the technical specifications, with the system modifications taking effect by July 1, 2025.

SEC. 3.

Section 21100 of the Vehicle Code is amended to read:

21100.

Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:

(a) Regulating or prohibiting processions or assemblages on the highways.

(b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.

(c) Regulating traffic by means of traffic officers, or other government employees if they are enforcing a nonmoving or equipment violation provided in this code.

(d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.

(e) (1) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.

(2) A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if they reasonably determine that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.

(f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.

(g) (1) Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers’ tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.

(2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement’s limited resources.

(3) This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.

(h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.

(i) Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.

(j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.

(k) (1) Regulating cruising.

(2) The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.

(3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:

(A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.

(B) The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.

(l) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).

(m) Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.

(n) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:

(1) A valid California driver’s license.

(2) Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.

(3) A valid California identification card and proof of successful completion of the written portion of the California driver’s license examination administered by the department. The department shall administer, without charging a fee, the original driver’s license written examination on traffic laws and signs to a person who ~~state~~ states that they are or that they intend to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the person’s name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a driver’s license. The department is not required to enter the results of the examination into the computerized record of the person’s identification card or otherwise retain a record of the examination or results.

(o) (1) This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.

(2) This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.

(3) This section does not preclude a county, city, municipality, or any other local authority from enforcing a nonmoving or equipment violation provided in this code through government employees who are not peace officers.

(p) (1) Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.

(2) Paragraph (1) does not apply to any of the following:

(A) Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.

(B) If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.

(3) As used in paragraph (2), “permanently affixed” means any of the following:

(A) Painted directly on the body of a motor vehicle.

(B) Applied as a decal on the body of a motor vehicle.

(C) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.

SEC. 3.1.

Section 21100 of the Vehicle Code is amended to read:

21100.

Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:

(a) Regulating or prohibiting ~~processions~~ a procession or ~~assemblages~~ assemblage on the highways.

(b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.

(c) Regulating traffic by means of traffic ~~officers.~~ officers, or other government employees if they are enforcing a nonmoving or equipment violation provided in this code.

(d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.

(e) (1) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the ~~scenes~~ scene of ~~accidents~~ an accident or ~~disasters,~~ disaster, or at ~~locations as~~ a location that may require traffic direction for orderly traffic flow.

(2) A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that ~~duty,~~ duty and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if ~~he or she reasonably determines~~ they reasonably determine that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.

(f) Regulating traffic at the site of road or street construction or maintenance by ~~persons~~ a person authorized for that duty by the local authority.

(3) This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.

(h) Operation of ~~bicycles,~~ bicycles and, as specified in Section 21114.5, electric carts by physically disabled ~~persons,~~ persons or persons 50 years of age or older, on public sidewalks.

(j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.

~~(k)(1)Regulating cruising.~~
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
~~(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:~~
~~(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.~~
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
~~(l)~~

(k) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).

~~(m)~~

(l) Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal ~~penalties,~~ penalties for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.

~~(n)~~

(m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:

(1) A valid California driver’s license.

(2) Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.

(3) A valid California identification card and proof of successful completion of the written portion of the California driver’s license examination administered by the department. The department shall administer, without charging a fee, the original driver’s license written examination on traffic laws and signs to a person who states that ~~he or she is, or intends~~ they are or that they intend to become, a pedicab ~~operator,~~ operator and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the ~~examination,~~ examination bearing the person’s name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a driver’s license. The department is not required to enter the results of the examination into the computerized record of the person’s identification card or otherwise retain a record of the examination or results.

~~(o)~~

(n) (1) This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.

(2) This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.

(o) (1) Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.

(2) Paragraph (1) does not apply to any of the following:

(3) As used in paragraph (2), “permanently affixed” means any of the following:

(A) Painted directly on the body of a motor vehicle.

(B) Applied as a decal on the body of a motor vehicle.

(C) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle ~~manufacturer~~ manufacturer, as defined in Section ~~672~~ 672, and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.

SEC. 3.2.

Section 21100 of the Vehicle Code is amended to read:

21100.

Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:

(a) Regulating or prohibiting processions or assemblages on the highways.

(b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.

(c) Regulating traffic by means of traffic ~~officers.~~ officers, or other government employees if they are enforcing a nonmoving or equipment violation provided in this code.

(d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.

(2) A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if ~~he or she reasonably determines~~ they reasonably determine that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.

(f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.

(3) This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.

(h) (1) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.

(2) (A) Notwithstanding paragraph (1), until January 1, 2031, a local authority shall not prohibit the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, as defined in Section 890.4 of the Streets and Highways Code, except in any of the following circumstances:
(i) A local authority enacts an ordinance prohibiting the operation of a bicycle on a sidewalk within a business activity district that includes findings demonstrating the operation of a bicycle on a sidewalk within the business activity district is unsafe given pedestrian traffic conditions.
(ii) A local authority enacts an ordinance prohibiting the operation of a bicycle on a sidewalk adjacent to a street with a posted speed limit not exceeding 20 miles per hour.
(iii) A local authority enacts an ordinance prohibiting the operation of a bicycle on a sidewalk at a speed or in a manner that is not reasonable or endangers the safety of persons or property.
(iv) A local authority enacts an ordinance that requires a person riding a bicycle upon a sidewalk to yield the right-of-way to any pedestrian, and to yield the right-of-way to any other vehicle upon entering a roadway or driveway from a sidewalk.
(v) A local authority enacts an ordinance that prohibits the operation of an electric bicycle, as defined in Section 312.5, on a sidewalk.
(B) (i) The Commissioner of the California Highway Patrol shall submit a report to the Legislature, on or before January 1, 2029, about the effects of bicycles operating under subparagraph (A). The report shall include, but not be limited to, information about statewide injury and fatal traffic crash data and any associated traffic- or pedestrian-related safety issues, including, but not limited to, a detailed analysis of bicycle collisions, including collisions with pedestrians, and all of the following issues:
(I) Changes in the frequency of collisions.
(II) Changes in the severity of collisions.
(III) Causes of, and contributing factors in, collisions.
(IV) Location of collisions, including an analysis of collision data.
(V) Time of day of collisions.
(VI) Ages of bicyclists involved, including a breakdown of minors versus adults.
(VII) Types of bicycles involved in collisions, specifically differences between traditional bicycles and electric bicycles.
(ii) The report required by this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.

(j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.

(k) (1) Regulating cruising.

(3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:

(A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.

(n) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:

(1) A valid California driver’s license.

(2) Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.

(3) A valid California identification card and proof of successful completion of the written portion of the California driver’s license examination administered by the department. The department shall administer, without charging a fee, the original driver’s license written examination on traffic laws and signs to a person who states that ~~he or she is, or intends~~ they are, or that they intend to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the person’s name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a driver’s license. The department is not required to enter the results of the examination into the computerized record of the person’s identification card or otherwise retain a record of the examination or results.

(2) This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.

(2) Paragraph (1) does not apply to any of the following:

(3) As used in paragraph (2), “permanently affixed” means any of the following:

(A) Painted directly on the body of a motor vehicle.

(B) Applied as a decal on the body of a motor vehicle.

SEC. 3.3.