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AB-533 Off-highway motor vehicles.(2017-2018)

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Date Published: 04/18/2017 09:00 PM
AB533:v97#DOCUMENT

Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 533


Introduced by Assembly Member Holden

February 13, 2017


An act to amend Sections 38316, 38317, 38318, and 38318.5 Section 38316 of the Vehicle Code, relating to off-highway motor vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 533, as amended, Holden. Off-highway motor vehicles.
Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine of not less than $50 nor more than $500, or by both that imprisonment and fine, to drive an off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property. Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine of not less than $100, nor more than $1,000, or by both that imprisonment and fine, to recklessly drive an off-highway motor vehicle and proximately cause bodily injury to any person. Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine not exceeding $1,000, or by both that imprisonment and fine, to throw any substance at an off-highway motor vehicle or occupant of that vehicle. Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine not exceeding $1,000, or by both that imprisonment and fine, to maliciously remove or alter trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles.
This bill would double the amounts of the fines applicable to those offenses. change the potential fine amount applicable to this offense to not less than $145 nor more than $500.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38316 of the Vehicle Code is amended to read:

38316.
 (a) It is unlawful for a person to drive an off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property.
(b) A person who violates this section shall, upon conviction thereof, be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred dollars ($100) one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), five hundred dollars ($500), or by both that fine and imprisonment, except as provided in Section 38317.

SEC. 2.Section 38317 of the Vehicle Code is amended to read:
38317.

Whenever reckless driving of an off-highway motor vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), or by both that fine and imprisonment.

SEC. 3.Section 38318 of the Vehicle Code is amended to read:
38318.

(a)A person who throws any substance at an off-highway motor vehicle or occupant thereof is guilty of a misdemeanor and shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment.

(b)A person who, with intent to do great bodily injury, maliciously and willfully throws or projects any rock, brick, bottle, metal, or other missile, projects any other substance capable of doing serious bodily harm, or discharges a firearm at an off-highway motor vehicle or occupant thereof is guilty of a felony.

SEC. 4.Section 38318.5 of the Vehicle Code is amended to read:
38318.5.

(a)A person who maliciously removes or alters trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles is guilty of a misdemeanor and shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment.

(b)A person who, with intent to do great bodily injury, proximately causes great bodily injury to any person as a result of acts prohibited by subdivision (a), or erects or places any cable, chain, rope, fishing line, or other similar material that is unmarked or intentionally placed, or both, for malicious purpose is guilty of a felony.

(c)A person convicted under subdivision (a) or (b) shall, if the violation proximately causes one or more adverse environmental impacts, also be liable in civil damages for the cost of mitigation, restoration, or repair thereof, in addition to any other liability imposed by law.