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SB-735 Vehicles: speed safety cameras.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
SB735:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 735


Introduced by Senator Rubio

February 19, 2021


An act relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 735, as introduced, Rubio. Vehicles: speed safety cameras.
Existing law establishes a basic speed law that prohibits a person from driving a vehicle upon a highway at a speed greater than is reasonable or prudent given the weather, visibility, traffic, highway conditions, and in no event at a speed that endangers the safety of persons or property. Existing law does not expressly authorize the use of automated speed enforcement in this state.
This bill would state the Legislature’s intent to enact legislation that would authorize local jurisdictions to utilize speed safety cameras for the purpose of enforcing speed limits. The bill would make additional legislative findings in this regard.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Speeding is a prevalent problem in the state of California that leads to death and injury.
(b) In 2018, 893 pedestrians were killed on California roadways and more than 14,000 pedestrians were injured.
(c) Speeding in California has dramatically increased recently. The Department of the California Highway Patrol issued 2,493 citations for driving more than 100 miles per hour in the first month of the shelter-in-place orders due to the pandemic caused by the novel coronavirus 2019, from March 19, 2020, to April 19, 2020,inclusive, compared with 1,335 citations for the same offense in the same period the previous year.
(d) Speed safety cameras are a tool available to local governments around the country, including in Illinois, New York, Washington, and Arizona. This tool has proven to reduce speed related crashes, fatalities, and injuries.
(e) Speed safety cameras have proven to reduce in-person enforcement in jurisdictions where they have been utilized while also maintaining safety.
(f) Speed safety cameras are an effective tool that protects drivers, cyclists, and pedestrians by reducing speeding in areas where they are located.
(g) Speed safety cameras are especially important in protecting school children, traveling to and from school.
(h) Current state statute does not expressly authorize the use of this life-saving technology.
(i) Local jurisdictions should be granted the authority by the Legislature to use speed safety cameras to protect our most vulnerable community members, including children in school zones.
(j) Speed safety camera fines should be civil in nature so as not to unfairly burden violators with significant fines, loss of license, or loss of vehicle.
(k) The amount of a speed safety camera fine should be reasonable and justifiable.
(l) Courts adjudicating speed safety camera-enforced violations should implement use of an “ability-to-pay” calculator to ensure that speed safety cameras do not unfairly impact lower income communities.
(m) Speed safety cameras should only be used to enforce speeding violations and the data captured by speed safety cameras should not be stored longer than needed for the purpose of the violation, and then should be destroyed.
(n) Speed safety cameras should be located based on safety needs and should ensure equitable enforcement.

SEC. 2.

 (a) It is the intent of the Legislature to enact legislation that would authorize local jurisdictions to utilize speed safety cameras for the purpose of enforcing speed limits in areas where residents are most vulnerable, including school zones.
(b) It is the intent of the Legislature to enact legislation that would ensure that the speed safety camera programs will be done equitably and protect the privacy rights of Californians.