Existing law specifies the penalties for a violation of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment, as specified. Existing law also specifies procedures related to the imposition of those penalties and the disposition of fees, fines, and forfeitures. Existing law provides that a local authority may not allow a person who has committed a traffic violation under the Vehicle Code to participate in a driver awareness or education program as an alternative to the imposition of those penalties and procedures, unless the program is a diversion program for a minor who commits an infraction not involving a motor vehicle and for which no fee is charged.

This bill would instead allow any person of any age who commits an infraction not involving a motor vehicle to participate in a diversion program that is sanctioned by local law enforcement. The bill would eliminate the requirement that such a program charge no fee. The bill would make other technical, nonsubstantive changes.

Existing law specifies the penalties for a violation of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment, as specified. Existing law also specifies procedures related to the imposition of those penalties and the disposition of fees, fines, and forfeitures. Existing law provides that a local authority may not allow a person who has committed a traffic violation under the Vehicle Code to participate in a driver awareness or education program as an alternative to the imposition of those penalties and procedures, unless the program is a diversion program for a minor who commits an infraction not involving a motor vehicle and for which no fee is charged.

This bill would instead allow any person of any age who commits an infraction not involving a motor vehicle to participate in a diversion program that is sanctioned by local law enforcement. The bill would eliminate the requirement that such a program charge no fee. The bill would make other technical, nonsubstantive changes.

Existing law specifies the penalties for a violation of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment, as specified. Existing law also specifies procedures related to the imposition of those penalties and the disposition of fees, fines, and forfeitures. Existing law provides that a local authority may not allow a person who has committed a traffic violation under the Vehicle Code to participate in a driver awareness or education program as an alternative to the imposition of those penalties and procedures, unless the program is a diversion program for a minor who commits an infraction not involving a motor vehicle and for which no fee is charged.

This bill would instead allow any person of any age who commits an infraction not involving a motor vehicle to participate in a diversion program of the type described above. This that is sanctioned by local law enforcement. The bill would eliminate the requirement that such a program charge no fee. The bill would make other technical, nonsubstantive changes.

Existing law provides that a person riding a bicycle or operating a pedicab on a highway has the rights of, and is subject to specified existing provisions governing, the driver of a vehicle on a highway, except for those provisions that by their very nature can have no application. Existing law also provides that a peace officer, as defined, operating a bicycle during the course of his or her duties and under specified circumstances is exempt from those provisions, subject to specified limitations.

This bill would make technical, nonsubstantive changes to those provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 902

Author:(Bloom and Chiu)

As Amended Ver:July 6, 2015

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Removes the age limitation on the use of locally adopted diversion programs for Vehicle Code infractions not involving a motor vehicle, allowing such programs to be offered to adults.

The Senate amendments:

1. Require a diversionary program used by a person to be sanctioned by a local law enforcement entity.

2. Permit a fee to be charged for the enrollment into a diversionary program.

EXISTING LAW:

1. Prohibits a local authority from allowing a person who is alleged to have committed a traffic offense to participate in a driver awareness or education program or any other diversion program as an alternative to the procedure required to be followed under the Vehicle Code for alleged violations of the Vehicle Code.

2. Exempts from the above prohibition diversion programs for minors who commit infractions not involving a motor vehicle and for which no fee is charged.

3. Specifies the penalties for violations of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment.

FISCAL EFFECT: None

COMMENTS: Under current law, local authorities can establish diversion programs for minors who are charged with moving violations not involving a motor vehicle (e.g., running a stop sign on a bicycle). These programs typically involve waiving or reducing the applicable fine and instead providing education to violators on bicycle and traffic laws, as well as best practices for safe bicycling. Many local governments and police departments have expressed interest over the years in establishing diversion programs for all bicyclists, regardless of age, only to find that current law stands in the way.

This bill would remove the limitation that these diversion programs only be used for minors. According to the author, "Ticketed cyclists should be allowed to attend a 'bicycle traffic school' class and have their fine reduced, which would turn a purely monetary penalty into a valuable educational opportunity, especially for people who would be unlikely to attend a bicycle safety class on their own volition. These programs would also enable bicycling advocates and educators to work directly with local police departments to help clear up common misconceptions about bicycle law and provide guidance on what types of violations should be targeted to have the biggest positive impact on safety."

A recent report from the Governor's Highway Safety Association on bicycle safety found that bicyclist fatalities increased 16% nationwide between 2010 and 2012. California had the highest number of fatalities of any state during that time period at 338. The report additionally noted that in the past 37 years, adult bicycle fatalities have increased from 21% of the total number of fatalities to 84%. Among other recommendations for reducing bicyclist/motor vehicle collisions and the resulting injuries and fatalities, the report recommends "education of bicyclists and motorists about lawful and otherwise appropriate behavior regarding motorist/bicycle interactions." Diversion programs would provide an opportunity for this type of education.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001265

CONSENT  

Bill No: AB 902

Author: Bloom (D) and Chiu (D)

Amended: 7/6/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/14/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

ASSEMBLY FLOOR: 77-0, 4/23/15 - See last page for vote

SUBJECT: Traffic violations: diversion programs

SOURCE: California Bicycle Coalition

DIGEST: This bill authorizes a local authority to allow an individual who has committed a traffic offense, for which no vehicle is involved, to participate in a diversion program.

ANALYSIS:

Existing law:

1. Specifies penalties for violations of existing law, or ordinances or resolutions adopted under existing law, that include fines, fees, forfeitures, and imprisonment.

2. Prohibits a local authority from allowing an individual who has committed a traffic offense from participating in a driver awareness or education program, or any other diversion program, as an alternative to procedures required under existing law.

3. Provides an exemption whereby a local authority may allow a minor to participate in a diversion program if he or she has committed an infraction for which no motor vehicle is involved.

This bill expands the exemption to individuals of all ages.

Comments

1. Purpose. The author states that when a bicyclist is ticketed for a moving violation in California, he or she receives the same monetary fine as someone driving a motor vehicle. With court fees added, a stop sign violation can cost around $200, while running a red light can cost as much as $400. Unlike most drivers, bicyclists are not required to receive training or education and are often unaware of local traffic ordinances. The author states that ticketed bicyclists should be allowed to attend a class at a “bicycle traffic school” and have their fine reduced, which would turn a purely monetary penalty into a valuable educational opportunity. These programs would enable bicycle advocates and educators to work directly with local police departments, help clear up common misconceptions about bicycle law, and provide guidance on what types of violations should be targeted to have the biggest positive impact on safety.

2. The more you know. An October 2014 report by the Governor’s Highway Safety Association found that bicyclist fatalities increased 16% nationwide between 2010 and 2012. California suffered 338 bicyclist fatalities during that period, the highest number in the country. The report additionally noted that in the past 37 years, adult bicyclist fatalities as a share of total bicyclist fatalities have increased from 21% to 84%. To reduce bicyclist/motor vehicle collisions and the resulting injuries and fatalities, the report recommended, among other things, “education of bicyclists and motorists about lawful and otherwise appropriate behavior regarding motor/bicyclist interactions.” The author states that this bill would provide an opportunity for this type of education.

3. Creating a new industry? While there are currently a large number of traffic violator schools in the state serving drivers, bicycle traffic schools are not common. According to the author, bicycle diversion programs exist in Irvine, Huntington Beach, Santa Cruz County, Marin County, and Sonoma County, as well as at the University of California (UC) Berkeley, UC Davis, UC Irvine, Stanford University, and California Polytechnic State University. These programs provide education and, in some cases, a fine waiver or reduction. The author states that these programs are able to operate due to technicalities in the law that do not apply to most areas, or which most police departments are willing to accept. Many local police departments and organizations that wish to implement programs to divert bicycle offenders from court to a bicycle education program, however, have been stymied by existing law. By expanding the existing diversion program exemption from minors to all ages, this bill will help local agencies achieve that goal. To help ensure that bicycle offenders are diverted to valid programs, this bill requires the diversion program to be sanctioned by local law enforcement.

Prior Legislation

AB 2409 (Isenberg, Chapter 1199, Statutes of 1992) — made a number of changes to the collection and distribution of fines and forfeitures following a major realignment of trial court funding. AB 2409 included a provision prohibiting any local jurisdiction from establishing a traffic school alternative in lieu of citation, except in cases of minors committing a traffic offense not involving a motor vehicle.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/6/15)

California Bicycle Coalition (source)

California Police Chiefs Association

Napa County Bicycle Coalition

Orange County Transportation Authority

San Francisco Municipal Transportation Agency

OPPOSITION: (Verified 8/6/15)

None received

ASSEMBLY FLOOR: 77-0, 4/23/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Eduardo Garcia, Salas

Prepared by: Erin Riches / T. & H. / (916) 651-4121

8/13/15 13:20:40

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 902 Hearing Date: 7/14/2015

SUBJECT: Traffic violations: diversion programs

DIGEST: This bill authorizes a local authority to allow an individual who has committed a traffic offense, for which no vehicle is involved, to participate in a diversion program.

ANALYSIS:

Existing law:

1. Specifies penalties for violations of existing law, or ordinances or resolutions adopted under existing law, that include fines, fees, forfeitures, and imprisonment.

2. Prohibits a local authority from allowing an individual who has committed a traffic offense from participating in a driver awareness or education program, or any other diversion program, as an alternative to procedures required under existing law.

3. Provides an exemption whereby a local authority may allow a minor to participate in a diversion program if he or she has committed an infraction for which no motor vehicle is involved.

This bill expands the exemption to individuals of all ages.

COMMENTS:

1. Purpose. The author states that when a bicyclist is ticketed for a moving violation in California, he or she receives the same monetary fine as someone driving a motor vehicle. With court fees added, a stop sign violation can cost around $200, while running a red light can cost as much as $400. Unlike most drivers, bicyclists are not required to receive training or education and are often unaware of local traffic ordinances. The author states that ticketed bicyclists should be allowed to attend a class at a “bicycle traffic school” and have their fine reduced, which would turn a purely monetary penalty into a valuable educational opportunity. These programs would enable bicycle advocates and educators to work directly with local police departments, help clear up common misconceptions about bicycle law, and provide guidance on what types of violations should be targeted to have the biggest positive impact on safety.

2. The more you know. An October 2014 report by the Governor’s Highway Safety Association found that bicyclist fatalities increased 16% nationwide between 2010 and 2012. California suffered 338 bicyclist fatalities during that period, the highest number in the country. The report additionally noted that in the past 37 years, adult bicyclist fatalities as a share of total bicyclist fatalities have increased from 21% to 84%. To reduce bicyclist/motor vehicle collisions and the resulting injuries and fatalities, the report recommended, among other things, “education of bicyclists and motorists about lawful and otherwise appropriate behavior regarding motor/bicyclist interactions.” The author states that this bill would provide an opportunity for this type of education.

3. Creating a new industry? While there are currently a large number of traffic violator schools in the state serving drivers, bicycle traffic schools are not common. According to the author, bicycle diversion programs exist in Irvine, Huntington Beach, Santa Cruz County, Marin County, and Sonoma County, as well as at the University of California (UC) Berkeley, UC Davis, UC Irvine, Stanford University, and California Polytechnic State University. These programs provide education and, in some cases, a fine waiver or reduction. The author states that these programs are able to operate due to technicalities in the law that do not apply to most areas, or which most police departments are willing to accept. Many local police departments and organizations that wish to implement programs to divert bicycle offenders from court to a bicycle education program, however, have been stymied by existing law. By expanding the existing diversion program exemption from minors to all ages, this bill will help local agencies achieve that goal. To help ensure that bicycle offenders are diverted to valid programs, the author amended this bill on July 6 to require the diversion program to be sanctioned by local law enforcement.

RELATED Legislation:

AB 2409 (Isenberg, Chapter 1199, Statutes of 1992) — made a number of changes to the collection and distribution of fines and forfeitures following a major realignment of trial court funding. AB 2409 included a provision prohibiting any local jurisdiction from establishing a traffic school alternative in lieu of citation, except in cases of minors committing a traffic offense not involving a motor vehicle.

Assembly Votes:

Floor: 78-0

Trans: 16-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 8, 2015.)

SUPPORT:

California Bicycle Coalition (sponsor)

California Police Chiefs Association

Orange County Transportation Authority

OPPOSITION:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 902

Author:(Bloom and Chiu)

As Amended Ver:March 26, 2015

Majority vote

SUMMARY: Removes the age limitation on the use of locally adopted diversion programs for Vehicle Code infractions not involving a motor vehicle, allowing such programs to be offered to adults.

EXISTING LAW:

1. Prohibits a local authority from allowing a person who is alleged to have committed a traffic offense to participate in a driver awareness or education program or any other diversion program as an alternative to the procedure required to be followed under the Vehicle Code for alleged violations of the Vehicle Code.

2. Exempts from the above prohibition diversion programs for minors who commit infractions not involving a motor vehicle and for which no fee is charged.

3. Specifies the penalties for violations of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment.

FISCAL EFFECT: None

COMMENTS: Under current law, local authorities can establish diversion programs for minors who are charged with moving violations not involving a motor vehicle (e.g., running a stop sign on a bicycle). These programs typically involve waiving or reducing the applicable fine and instead providing education to violators on bicycle and traffic laws, as well as best practices for safe bicycling. Many local governments and police departments have expressed interest over the years in establishing diversion programs for all bicyclists, regardless of age, only to find that current law stands in the way.

This bill would remove the limitation that these diversion programs only be used for minors. According to the author, "Ticketed cyclists should be allowed to attend a 'bicycle traffic school' class and have their fine reduced, which would turn a purely monetary penalty into a valuable educational opportunity, especially for people who would be unlikely to attend a bicycle safety class on their own volition. These programs would also enable bicycling advocates and educators to work directly with local police departments to help clear up common misconceptions about bicycle law and provide guidance on what types of violations should be targeted to have the biggest positive impact on safety."

A recent report from the Governor's Highway Safety Association on bicycle safety found that bicyclist fatalities increased 16% nationwide between 2010 and 2012. California had the highest number of fatalities of any state during that time period at 338. The report additionally noted that in the past 37 years, adult bicycle fatalities have increased from 21% of the total number of fatalities to 84%. Among other recommendations for reducing bicyclist/motor vehicle collisions and the resulting injuries and fatalities, the report recommends "education of bicyclists and motorists about lawful and otherwise appropriate behavior regarding motorist/bicycle interactions." Diversion programs would provide an opportunity for this type of education.

Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093 FN: 0000191

Date of Hearing: April 20, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 902

Author:(Bloom) – As Amended Ver:March 26, 2015

SUBJECT: Traffic violations: diversion programs

SUMMARY: Removes the age limitation on the use of locally adopted diversion programs for Vehicle Code infractions not involving a motor vehicle, allowing such programs to be offered to adults.

EXISTING LAW:

1. Prohibits a local authority from allowing a person who is alleged to have committed a traffic offense to participate in a driver awareness or education program or any other diversion program as an alternative to the procedure required to be followed under the Vehicle Code for alleged violations of the Vehicle Code.

2. Exempts from the above prohibition diversion programs for minors who commit infractions not involving a motor vehicle and for which no fee is charged.

3. Specifies the penalties for violations of the Vehicle Code or an ordinance or resolution adopted under the Vehicle Code, including the imposition of fines, fees, and forfeitures, and imprisonment.

FISCAL EFFECT: None

COMMENTS: Under current law, local authorities can establish diversion programs for minors who are charged with moving violations not involving a motor vehicle (e.g., running a stop sign on a bicycle). These programs typically involve waiving or reducing the applicable fine and instead providing education to violators on bicycle and traffic laws, as well as best practices for safe bicycling. Many local governments and police departments have expressed interest over the years in establishing diversion programs for all bicyclists, regardless of age, only to find that current law stands in the way.

This bill would remove the limitation that these diversion programs only be used for minors. According to the author, "Ticketed cyclists should be allowed to attend a 'bicycle traffic school' class and have their fine reduced, which would turn a purely monetary penalty into a valuable educational opportunity, especially for people who would be unlikely to attend a bicycle safety class on their own volition. These programs would also enable bicycling advocates and educators to work directly with local police departments to help clear up common misconceptions about bicycle law and provide guidance on what types of violations should be targeted to have the biggest positive impact on safety."

A recent report from the Governor's Highway Safety Association (GHSA) on bicycle safety found that bicyclist fatalities increased 16% nationwide between 2010 and 2012. California had the highest number of fatalities of any state during that time period at 338. The report additionally noted that in the past 37 years, adult bicycle fatalities have increased from 21% of the total number of fatalities to 84%. Among other recommendations for reducing bicyclist/motor vehicle collisions and the resulting injuries and fatalities, the report recommends "education of bicyclists and motorists about lawful and otherwise appropriate behavior regarding motorist/bicycle interactions." Diversion programs would provide an opportunity for this type of education.

REGISTERED SUPPORT / OPPOSITION:

Support

California Bicycle Coalition (Sponsor)

California Police Chiefs Association

Opposition

None on file

Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093