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SB-807 Vehicles.(2001-2002)

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SB807:v95#DOCUMENT

Passed  IN  Assembly  August 30, 2002
Passed  IN  Senate  August 31, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 807


Introduced  by  Senator Dunn, Perata
(Principal Coauthor(s): Assembly Member Cohn, Thomson)
(Coauthor(s): Assembly Member Chavez, Koretz)

February 23, 2001


An act to amend Section 22348 of, and to add Sections 23109.8, 23503, and 23583 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 807, Dunn. Vehicles.
Existing law provides that it is unlawful to commit various acts related to the operation of a motor vehicle, including, driving a vehicle upon a highway at a speed greater than 100 miles per hour, driving recklessly, engaging in or aiding any motor vehicle speed contest or exhibition of speed, and driving under the influence of alcohol, as specified, and imposes various terms of imprisonment and fines for the commission of these offenses.
This bill would provide that any person convicted of a violation of these provisions, in addition to other applicable fines and assessments imposed, whether or not probation is granted, would pay an additional $200 assessment that would be deposited into the county Maddy Emergency Medical Services Fund and allocated to physicians, surgeons, and hospitals, as specified.

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


SECTION 1.

 Section 22348 of the Vehicle Code is amended to read:

22348.
 (a) Notwithstanding subdivision (b) of Section 22351, no person shall drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.
(b) Any person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:
(1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.
(2) Upon a conviction under this subdivision of an offense which occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed five hundred dollars ($500). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.
(3) Upon a conviction under this subdivision of an offense which occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed five hundred dollars ($500). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.
(4) In addition to any other applicable fines and assessments, any person convicted of a violation of subdivision (b) of this subdivision, whether or not probation is granted, shall pay an additional two-hundred-dollar ($200) assessment. This additional assessment is not part of the base fine upon which penalty assessments are calculated. If a judge reduces the fine and assessments imposed upon a person found in violation of this section, the additional two-hundred-dollar ($200) assessment imposed by this paragraph shall be reduced on a pro rata basis. The assessment imposed under this paragraph shall be deposited into the county Maddy Emergency Medical Services Fund, 75 percent of which shall be allocated to physicians and surgeons for emergency services and 25 percent to hospitals providing disproportionate trauma and emergency medical care services pursuant to Section 1797.98a of the Health and Safety Code.
(c) Any vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if no lane has been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the drivers shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, any such vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route.

SEC. 2.

 Section 23109.8 is added to the Vehicle Code, to read:

23109.8.
 In addition to any other applicable fines and assessments specified for a violation of Section 23103, 23104, or 23109, any person convicted of a violation of either of those sections, whether or not probation is granted, shall pay an additional two-hundred-dollar ($200) assessment. This additional assessment is not part of the base fine upon which penalty assessments are calculated. If a judge reduces the fine and assessments imposed upon a person found in violation of this section, the additional two-hundred-dollar ($200) assessment imposed by this section shall be reduced on a pro rata basis. The assessment imposed under this section shall be deposited into the county Maddy Emergency Medical Services Fund, 75 percent of which shall be allocated to physicians and surgeons for emergency services and 25 percent to hospitals providing disproportionate trauma and emergency medical care services pursuant to Section 1797.98a of the Health and Safety Code.

SEC. 3.

 Section 23503 is added to the Vehicle Code, to read:

23503.
 In addition to any other applicable fines and assessments specified for a violation of Section 23140, any person convicted of a violation of that section, whether or not probation is granted, shall pay an additional two-hundred-dollar ($200) assessment. This additional assessment is not part of the base fine upon which penalty assessments are calculated. If a judge reduces the fine and assessments imposed upon a person found in violation of this section, the additional two-hundred-dollar ($200) assessment imposed by this section shall be reduced on a pro rata basis. The assessment imposed under this section shall be deposited into the county Maddy Emergency Medical Services Fund, 75 percent of which shall be allocated to physicians and surgeons for emergency services and 25 percent to hospitals providing disproportionate trauma and emergency medical care services pursuant to Section 1797.98a of the Health and Safety Code.

SEC. 4.

 Section 23583 is added to the Vehicle Code, to read:

23583.
 In addition to any other applicable fines and assessments specified for a violation of Section 23152 or 23153, any person convicted of a violation of either of those sections, whether or not probation is granted, shall pay an additional two-hundred-dollar ($200) assessment. The assessment imposed under this section shall be deposited into the county Maddy Emergency Medical Services Fund, 75 percent of which shall be allocated to physicians and surgeons for emergency services and 25 percent to hospitals providing disproportionate trauma and emergency medical care services pursuant to Section 1797.98a of the Health and Safety Code.