California 2009 2009-2010 Regular Session

California Assembly Bill AB1224 Amended / Bill

Filed 01/04/2010

 BILL NUMBER: AB 1224AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 4, 2010 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Eng FEBRUARY 27, 2009 An act to add Section  20002.5   666  to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1224, as amended, Eng. Vehicles:  hit and run violations: animals.   utility trailer.   Existing law also defines various terms for the purposes of the Vehicle Code.   This bill would define the term "utility trailer" for the purposes of the Vehicle Code.   Existing law requires the driver of any vehicle involved in an accident resulting in injury or death to another person to immediately stop the vehicle at the scene of the accident and to fulfill specified requirements. Under existing law, a violation of this provision is either a felony or a misdemeanor.   This bill would require the driver of any vehicle involved in an accident resulting in an injury to a dog, a cat, or livestock to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists, and to comply with specific notification requirements. The bill would require any person who parks a vehicle that, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in injury to a dog, a cat, or livestock, attended or unattended, to comply with those notification requirements. The bill would make a violation of these provisions an infraction punishable by a fine of not more than $100 for a first offense and of not less than $50 nor more than $200 for a second or subsequent offense.   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 666 is added to the   Vehicle Code   , to read:   666. A "utility trailer" is a trailer or semitrailer that does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating of 10,000 pounds and is either of the following: (a) Used solely for the transportation of the user's personal property, not in commerce. (b) Designed and used for the transportation of livestock, not in commerce.   SECTION 1.   Section 20002.5 is added to the Vehicle Code, to read: 20002.5. (a) The driver of a vehicle involved in an accident resulting in an injury to a dog, a cat, or livestock shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do the following: (1) Without unnecessary delay, notify a local agency or animal control of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol. (2) If the owner or person in charge of the injured dog, cat, or livestock is in the vicinity of the accident, notify that owner or person in charge of the name and address of the driver and owner of the vehicle involved and upon being requested, present his or her driver's license and vehicle registration to the owner or person in charge of the injured dog, cat, or livestock. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties. (b) A person who parks a vehicle that, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in injury to a dog, a cat, or livestock, attended or unattended, shall comply with the requirements of this section relating to notification and reporting. The failure to comply with the requirements of this section under these circumstances is a violation of this section. (c) A violation of this section shall be punishable by a fine of not more than one hundred dollars ($100) for a first offense and by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200) for a second and each subsequent offense.   SEC. 2.   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.