California 2023-2024 Regular Session

California Assembly Bill AB2742 Compare Versions

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11 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2742Introduced by Assembly Member Sanchez(Coauthors: Assembly Members Chen, Megan Dahle, Davies, Dixon, Flora, Gallagher, Mathis, Jim Patterson, and Ta)February 15, 2024 An act to amend Sections 21806 and 42001.12 of the Vehicle Code, relating to emergency vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2742, as introduced, Sanchez. Emergency vehicles: penalties.Existing law requires, upon the immediate approach of an authorized emergency vehicle that is sounding a siren and has a lighted lamp exhibiting red light, that a driver of a vehicle yield the right-of-way to the emergency vehicle, that the operator of a street car immediately stop the street car, and that all pedestrians proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.Existing law makes a violation of that provision an infraction, punishable by specified fines.This bill would prohibit a person driving a vehicle upon a highway or a pedestrian from willfully obstructing a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass and would make a violation of this provision punishable by specified fines. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.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 21806 of the Vehicle Code is amended to read:21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.SEC. 2. Section 42001.12 of the Vehicle Code is amended to read:42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:(a)(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).(b)(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).(c)(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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33 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2742Introduced by Assembly Member Sanchez(Coauthors: Assembly Members Chen, Megan Dahle, Davies, Dixon, Flora, Gallagher, Mathis, Jim Patterson, and Ta)February 15, 2024 An act to amend Sections 21806 and 42001.12 of the Vehicle Code, relating to emergency vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2742, as introduced, Sanchez. Emergency vehicles: penalties.Existing law requires, upon the immediate approach of an authorized emergency vehicle that is sounding a siren and has a lighted lamp exhibiting red light, that a driver of a vehicle yield the right-of-way to the emergency vehicle, that the operator of a street car immediately stop the street car, and that all pedestrians proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.Existing law makes a violation of that provision an infraction, punishable by specified fines.This bill would prohibit a person driving a vehicle upon a highway or a pedestrian from willfully obstructing a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass and would make a violation of this provision punishable by specified fines. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
55
66
77
88
99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 2742
1414
1515 Introduced by Assembly Member Sanchez(Coauthors: Assembly Members Chen, Megan Dahle, Davies, Dixon, Flora, Gallagher, Mathis, Jim Patterson, and Ta)February 15, 2024
1616
1717 Introduced by Assembly Member Sanchez(Coauthors: Assembly Members Chen, Megan Dahle, Davies, Dixon, Flora, Gallagher, Mathis, Jim Patterson, and Ta)
1818 February 15, 2024
1919
2020 An act to amend Sections 21806 and 42001.12 of the Vehicle Code, relating to emergency vehicles.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 2742, as introduced, Sanchez. Emergency vehicles: penalties.
2727
2828 Existing law requires, upon the immediate approach of an authorized emergency vehicle that is sounding a siren and has a lighted lamp exhibiting red light, that a driver of a vehicle yield the right-of-way to the emergency vehicle, that the operator of a street car immediately stop the street car, and that all pedestrians proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.Existing law makes a violation of that provision an infraction, punishable by specified fines.This bill would prohibit a person driving a vehicle upon a highway or a pedestrian from willfully obstructing a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass and would make a violation of this provision punishable by specified fines. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.
2929
3030 Existing law requires, upon the immediate approach of an authorized emergency vehicle that is sounding a siren and has a lighted lamp exhibiting red light, that a driver of a vehicle yield the right-of-way to the emergency vehicle, that the operator of a street car immediately stop the street car, and that all pedestrians proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
3131
3232 Existing law makes a violation of that provision an infraction, punishable by specified fines.
3333
3434 This bill would prohibit a person driving a vehicle upon a highway or a pedestrian from willfully obstructing a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass and would make a violation of this provision punishable by specified fines. By creating a new crime, this bill would impose a state-mandated local program.
3535
3636 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.
3737
3838 This bill would provide that no reimbursement is required by this act for a specified reason.
3939
4040 ## Digest Key
4141
4242 ## Bill Text
4343
4444 The people of the State of California do enact as follows:SECTION 1. Section 21806 of the Vehicle Code is amended to read:21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.SEC. 2. Section 42001.12 of the Vehicle Code is amended to read:42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:(a)(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).(b)(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).(c)(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
4545
4646 The people of the State of California do enact as follows:
4747
4848 ## The people of the State of California do enact as follows:
4949
5050 SECTION 1. Section 21806 of the Vehicle Code is amended to read:21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.
5151
5252 SECTION 1. Section 21806 of the Vehicle Code is amended to read:
5353
5454 ### SECTION 1.
5555
5656 21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.
5757
5858 21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.
5959
6060 21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.
6161
6262
6363
6464 21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:
6565
6666 (a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.
6767
6868 (2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.
6969
7070 (b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.
7171
7272 (c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
7373
7474 (d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.
7575
7676 SEC. 2. Section 42001.12 of the Vehicle Code is amended to read:42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:(a)(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).(b)(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).(c)(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).
7777
7878 SEC. 2. Section 42001.12 of the Vehicle Code is amended to read:
7979
8080 ### SEC. 2.
8181
8282 42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:(a)(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).(b)(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).(c)(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).
8383
8484 42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:(a)(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).(b)(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).(c)(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).
8585
8686 42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:(a)(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).(b)(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).(c)(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).
8787
8888
8989
9090 42001.12. Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:
9191
9292 (a)
9393
9494
9595
9696 (1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).
9797
9898 (b)
9999
100100
101101
102102 (2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).
103103
104104 (c)
105105
106106
107107
108108 (3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
109109
110110 (b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:
111111
112112 (1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).
113113
114114 (2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).
115115
116116 (3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).
117117
118118 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
119119
120120 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
121121
122122 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
123123
124124 ### SEC. 3.