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SB-578 Highways: Safety Enhancement-Double Fine Zone. (2017-2018)



Current Version: 04/17/17 - Amended Senate        


SB578:v98#DOCUMENT

Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 578


Introduced by Senator Glazer
(Coauthor: Assembly Member Baker)

February 17, 2017


An act to add and repeal Section 97.4 of the Streets and Highways Code and to amend Section 42010 of the Vehicle Code, relating to highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 578, as amended, Glazer. Highways: Safety Enhancement-Double Fine Zone.
Existing law requires the Department of Transportation to designate a state highway segment as a Safety Enhancement-Double Fine Zone if specified conditions are met, including that the governing board of the city or county in which the segment is located has by resolution indicated that it supports the designation.
This bill would, notwithstanding these requirements and until January 1, 2021, designate the segment of county highway known as Vasco Road, between the State Highway Route 580 junction in Alameda County and the Marsh Creek Road intersection in Contra Costa County, as a Safety Enhancement-Double Fine Zone upon the approval of the boards of supervisors of Alameda County and Contra Costa County. The bill would also impose specified duties on the department and local governing bodies regarding that double fine zone.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 97.4 is added to the Streets and Highways Code, to read:

97.4.
 (a) Notwithstanding subdivision (a) of Section 97, the segment of county highway known as Vasco Road, between the State Highway Route 580 junction in Alameda County and the Marsh Creek Road intersection in Contra Costa County, shall be designated as the Vasco Road Safety Enhancement-Double Fine Zone upon the approval of resolutions of the Alameda County and Contra Costa County boards of supervisors supporting that designation.
(b) Each local governing body in whose jurisdiction a double fine zone is designated by this section shall, prior to the establishment of a double fine zone, do all of the following:
(1) Undertake a public awareness campaign to inform the public of the double fine zone designation, where it is located, its purpose, and its consequences.
(2) Where appropriate, implement increased traffic safety enhancements, enforcement, and other roadway safety measures in coordination with the establishment of the double fine zone.
(c) The Vasco Road Safety Enhancement-Double Fine Zone is subject to the rules and regulations adopted by the department prescribing uniform standards for warning signs to notify motorists that, pursuant to Section 42010 of the Vehicle Code, increased penalties apply for traffic violations that are committed within a Safety Enhancement-Double Fine Zone as authorized under Section 97 and related sections.
(d) If a double fine zone is designated pursuant to this section, the Counties of Alameda and Contra Costa, in consultation with the department, shall jointly conduct an evaluation of the double fine zone’s effectiveness and submit their findings in one report to the Assembly Committee on Transportation and the Senate Committee on Transportation and Housing one year prior to the termination of the double fine zone. The report shall include a recommendation on whether the double fine zone should be reauthorized by the Legislature, as well as a comparative evaluation of the volume and speed of traffic, the number and severity of collisions, and the contributing factors that led to collisions prior to and following the establishment of the double fine zone.

(d)

(e) The department or the local authority having jurisdiction over the Vasco Road Safety Enhancement-Double Fine Zone shall place and maintain the warning signs identifying these segments by stating that a “Special Safety Zone Region Begins Here” and a “Special Safety Zone Ends Here.” The department shall adopt rules and regulations for the administration of the Vasco Road Safety Enhancement-Double Fine Zone under this section.

(e)

(f) The Vasco Road Safety Enhancement-Double Fine Zone does not increase the civil liability of the state or local authority having jurisdiction over the highway segment under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other law relating to civil liability.

(f)

(g) (1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section.

(g)

(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

SEC. 2.

 Section 42010 of the Vehicle Code is amended to read:

42010.
 (a) For an offense specified in subdivision (b) that is committed by the driver of a vehicle within an area that has been designated as a Safety Enhancement-Double Fine Zone pursuant to Section 97 and following of the Streets and Highways Code, the fine, in a misdemeanor case, shall be double the amount otherwise prescribed, and, in an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule established pursuant to Section 40310.
(b) A violation of the following is an offense that is subject to subdivision (a):
(1) Chapter 3 (commencing with Section 21650) of Division 11, relating to driving, overtaking, and passing.
(2) Chapter 7 (commencing with Section 22348) of Division 11, relating to speed limits.
(3) Section 23103, relating to reckless driving.
(4) Section 23104 or 23105, relating to reckless driving that results in bodily injury to another.
(5) Section 23109 or 23109.1, relating to speed contests.
(6) Section 23152, relating to driving under the influence of alcohol or a controlled substance, or a violation of Section 23103, as specified in Section 23103.5, relating to alcohol-related reckless driving.
(7) Section 23153, relating to driving under the influence of alcohol or a controlled substance, which results in bodily injury to another.
(8) Section 23154, relating to convicted drunk drivers operating a motor vehicle with a blood-alcohol concentration of 0.01 percent or greater.
(9) Section 23220, relating to drinking while driving.
(10) Section 23221, relating to drinking in a motor vehicle while on the highway.
(11) Section 23222, relating to driving while possessing an open alcoholic beverage container.
(12) Section 23223, relating to being in a vehicle on the highway while possessing an open alcoholic beverage container.
(13) Section 23224, relating to being a driver or passenger under 21 years of age possessing an open alcoholic beverage container.
(14) Section 23225, relating to being the owner or driver of a vehicle in which there is an open alcoholic beverage container.
(15) Section 23226, relating to being a passenger in a vehicle in which there is an open alcoholic beverage container.
(c) This section applies only when traffic controls or warning signs have been placed relative to a Safety-Enhancement-Double Fine Zone pursuant to Section 97 and following of the Streets and Highways Code.
(d) (1) Notwithstanding any other provision of law, the enhanced fine imposed pursuant to this section shall be based only on the base fine imposed for the underlying offense and shall not include any other enhancements imposed pursuant to law.
(2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section.