| 1 | | - | Amended IN Senate March 31, 2022 Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1389Introduced by Senator BradfordFebruary 18, 2022 An act to add Section 2804.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1389, as amended, Bradford. Vehicles: traffic stops.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 2804.5 is added to the Penal Code, to read:SECTION 1. 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 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. |
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| 1 | + | Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1389Introduced by Senator BradfordFebruary 18, 2022 An act to amend Section 40152 of add Section 2804.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1389, as amended, Bradford. Vehicles: registration. traffic stops.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2804.5 is added to the Penal 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 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. |
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| 3 | | - | Amended IN Senate March 31, 2022 Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1389Introduced by Senator BradfordFebruary 18, 2022 An act to add Section 2804.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1389, as amended, Bradford. Vehicles: traffic stops.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1389Introduced by Senator BradfordFebruary 18, 2022 An act to amend Section 40152 of add Section 2804.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1389, as amended, Bradford. Vehicles: registration. traffic stops.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES |
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| 29 | | - | 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. |
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| 28 | + | 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. |
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| 30 | 29 | | |
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| 31 | 30 | | 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. |
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| 32 | 31 | | |
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| 33 | 32 | | 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. |
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| 34 | 33 | | |
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| 35 | 34 | | By requiring a higher level of service from peace officers, this bill would impose a state-mandated local program. |
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| 36 | 35 | | |
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| 37 | 36 | | 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. |
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| 38 | 37 | | |
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| 39 | 38 | | 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. |
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| 40 | 39 | | |
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| 45 | | - | The people of the State of California do enact as follows:SECTION 1.Section 2804.5 is added to the Penal Code, to read:SECTION 1. 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 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. |
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| 52 | + | The people of the State of California do enact as follows:SECTION 1. Section 2804.5 is added to the Penal 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 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. |
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| 52 | | - | |
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| 53 | | - | SECTION 1. 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 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. |
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| 54 | | - | |
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| 55 | | - | SECTION 1. Section 2804.5 is added to the Vehicle Code, to read: |
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| 60 | + | SECTION 1. Section 2804.5 is added to the Penal Code, to read: |
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| 56 | 61 | | |
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| 57 | 62 | | ### SECTION 1. |
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| 58 | 63 | | |
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| 59 | 64 | | 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 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. |
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| 60 | 65 | | |
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| 61 | 66 | | 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 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. |
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| 62 | 67 | | |
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| 63 | 68 | | 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 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. |
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| 64 | 69 | | |
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| 65 | 70 | | |
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| 66 | 71 | | |
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| 67 | 72 | | 2804.5. (a) (1) For the purpose of this section, low-level infraction means any of the following: |
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| 68 | 73 | | |
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| 69 | 74 | | (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. |
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| 70 | 75 | | |
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| 71 | 76 | | (B) A violation pertaining to a license plate not securely fastened to the vehicle, but the plate is otherwise clearly displayed. |
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| 72 | 77 | | |
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| 73 | 78 | | (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. |
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| 74 | 79 | | |
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| 75 | 80 | | (2) Low-level infraction does not include either of the following: |
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| 76 | 81 | | |
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| 77 | 82 | | (A) Vehicle registrations that have expired for more than six months. |
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| 78 | 83 | | |
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| 79 | 84 | | (B) Violations relating to commercial vehicles. |
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| 80 | 85 | | |
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| 81 | 86 | | (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. |
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| 82 | 87 | | |
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| 83 | 88 | | 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. |
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| 84 | 89 | | |
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| 85 | 90 | | 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. |
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| 86 | 91 | | |
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| 87 | 92 | | 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. |
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| 88 | 93 | | |
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| 89 | 94 | | ### SEC. 2. |
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