SB 1389: Vehicles: traffic stops.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-03-31
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.
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.
Existing law requires a person, to whom a notice to appear is issued or against whom a complaint is filed for an unregistered vehicle, as specified, to produce satisfactory evidence in court that the vehicle has been registered, appropriate fees have been paid, or the vehicle has been reduced to junk. This bill would make a technical, nonsubstantive change to this provision.Existing law requires a person, to whom a notice to appear is issued or against whom a complaint is filed for an unregistered vehicle, as specified, to produce satisfactory evidence in court that the vehicle has been registered, appropriate fees have been paid, or the vehicle has been reduced to junk.
This bill would make a technical, nonsubstantive change to this provision.
(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.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(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.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 40152 of the Vehicle Code is amended to read:40152.(a)Whenever a vehicle or combination of vehicles is found to be not registered as required by this code, and a notice to appear is issued or a complaint is filed for that violation, the person to whom the notice to appear is issued or against whom the complaint is filed shall produce in court satisfactory evidence that the vehicle or combination of vehicles has been registered or has had the appropriate fees paid, or has been reduced to junk, to conform with the requirements of this code. The court shall not dismiss the offense until that evidence is produced.(b)A four-day, nonresident commercial trip permit of the type authorized in Section 4004 may not be accepted as evidence of registration compliance as required in subdivision (a) of this section.(a)Whenever any a vehicle or combination of vehicles is found to be not registered as required by this code, and a notice to appear is issued or a complaint is filed for that violation, the person to whom the notice to appear is issued or against whom the complaint is filed shall produce in court satisfactory evidence that the vehicle or combination of vehicles has been registered or has had the appropriate fees paid, or has been reduced to junk, to conform with the requirements of this code. The court shall not dismiss the offense until that evidence is produced.
(b)A four-day, nonresident commercial trip permit of the type authorized in Section 4004 may not be accepted as evidence of registration compliance as required in subdivision (a) of this section.
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Date
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Status
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|---|---|
| May 27, 2022 | Ordered to inactive file. |
| May 19, 2022 | From committee: Do pass. (Ayes 5. Noes 2. Page 3795.) (May 19). |
| May 17, 2022 | Set for hearing May 19. |
| May 16, 2022 | May 16 hearing: Placed on APPR suspense file. |
| May 6, 2022 | Set for hearing May 16. |
| May 4, 2022 | May 9 hearing postponed by committee. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 19, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3440.) (April 19). Re-referred to Com. on APPR. |
| Mar 31, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 29, 2022 | Set for hearing April 19. |
| Mar 23, 2022 | Re-referred to Com. on PUB. S. |
| Mar 16, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 9, 2022 | Referred to Com. on RLS. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Bill Author
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