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AB-2798 Vehicles: speeding.(2007-2008)



Current Version: 02/22/08 - Introduced

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AB2798:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2798

Introduced  by  Assembly Member Walters

February 22, 2008

An act to amend Sections 13200.5 and 22348 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2798, as introduced, Walters. Vehicles: speeding.
(1) Existing law makes it an infraction, which is not punishable by imprisonment, to drive a vehicle upon a highway at a speed greater than 100 miles per hour, punishable upon a first conviction by a fine not exceeding $500. The court may, upon a first conviction, suspend the person’s privilege to operate a motor vehicle for a period not to exceed 30 days. Existing law authorizes a fine not to exceed $750, upon a 2nd conviction within a specified time period, and a fine not to exceed $1,000, upon a 3rd conviction within a specified time period, and requires, upon that 2nd or 3rd conviction, the person’s privilege to operate a motor vehicle to be suspended by the Department of Motor Vehicles.
This bill instead would make it an infraction or a misdemeanor to drive a vehicle upon a highway at a speed of 100 miles per hour or more, and would require a minimum fine of $300 to be imposed upon any conviction of that offense. The bill also would require, upon a first conviction, the court to suspend the person’s privilege to operate a motor vehicle for 90 days, unless the court determines extreme hardship or other good cause exists to reduce or waive the suspension. A peace officer would be authorized to exercise his or her discretion citing this violation as an infraction or a misdemeanor.
Because the bill would change the definition of a crime and change the penalty for a crime, it would impose a state-mandated local program.
(2) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 13200.5 of the Vehicle Code is amended to read:

13200.5.
 (a) Whenever any a person licensed under pursuant to this code is convicted of a violation of subdivision (b) of Section 22348, the court may shall, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period of not to exceed 30 90 days.
(b) The mandatory suspension period may be reduced or waived entirely in cases where the court determines, in its discretion, that extreme hardship or other good cause exists.

SEC. 2.

 Section 22348 of the Vehicle Code is amended to read:

22348.
 (a) (1) Notwithstanding subdivision (b) of Section 22351, a person shall not 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.
(2) A peace officer may exercise his or her discretion in issuing a citation for this violation as an infraction or as a misdemeanor.
(b) A person who drives a vehicle upon a highway at a speed greater than of 100 miles per hour or more is guilty of an infraction or a misdemeanor, punishable, as follows:
(1) Upon a first conviction of a violation of this subdivision, by a fine of at least three hundred dollars ($300), but not to exceed five hundred dollars ($500). The court may shall also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 of 90 days pursuant to Section 13200.5.
(2) Upon a conviction under pursuant to this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under pursuant to this subdivision, by a fine of at least three hundred dollars ($300), but not to exceed seven hundred fifty dollars ($750). 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 pursuant to this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under pursuant to this subdivision, by a fine of at least three hundred dollars ($300), but not to exceed one thousand dollars ($1,000). 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.
(c) A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not 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 driver 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 pursuant to this code. If, however, a specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under pursuant to 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. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII  B of the California Constitution.