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SB-1509 Negligent Operator Treatment (NOT) in California Act.(2023-2024)



Current Version: 09/03/24 - Enrolled

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SB1509:v95#DOCUMENT

Enrolled  September 03, 2024
Passed  IN  Senate  August 29, 2024
Passed  IN  Assembly  August 28, 2024
Amended  IN  Assembly  July 03, 2024
Amended  IN  Senate  May 16, 2024
Amended  IN  Senate  April 17, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1509

Introduced by Senator Stern
(Coauthors: Senators Allen, Niello, Seyarto, and Umberg)
(Coauthors: Assembly Members Berman, Davies, and Irwin)

February 16, 2024

An act to amend, repeal, and add Section 22349 of, and to add Section 12810.6 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1509, Stern. Negligent Operator Treatment (NOT) in California Act.
Existing law prohibits driving a vehicle upon a highway at a speed greater than is reasonable or prudent. Existing law also prohibits driving a vehicle in excess of an established speed limit. Existing law requires that specified convictions, violations, and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.
This bill, the Negligent Operator Treatment (NOT) in California Act, would, commencing on January 1, 2027, prohibit excessively speeding, defined as driving a vehicle at a speed that exceeds the posted speed limit by 26 miles per hour or more on a highway with a posted speed limit for passenger vehicles of 55 miles per hour or less. The bill would provide that a conviction for excessively speeding is punishable as an infraction and one point shall be assessed against a driver’s record for a first violation and 2 points for any subsequent violation that occurs within 3 years after a previous violation for which the driver was convicted.
By creating a new infraction, this bill would impose a state-mandated local program.
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.

 This act shall be known, and may be cited, as the Negligent Operator Treatment (NOT) in California Act.

SEC. 2.

 The Legislature finds and declares all of the following:
(a) Ensuring our local streets and highways are protected from excessive speeding is of the highest priority.
(b) Last year, the United States Department of Transportation’s National Highway Traffic Safety Administration issued findings that showed both of the following:
(1) In 2020, the United States experienced 39,007 motor vehicle traffic crash fatalities, which was the largest number of fatalities since 2007, and an 8-percent increase from the 36,096 fatalities reported in 2019.
(2) In 2021, the United States experienced 42,939 traffic fatalities, which represents a 10-percent increase in fatalities from the 39,007 fatalities reported in 2020.
(c) In 2021, the State of California reported 4,285 traffic fatalities, a 7.6-percent increase from the prior year.
(d) According to the 2021 California Strategic Highway Safety Plan Crash Data Dashboard, all of the following occurred in 2021:
(1) Traffic collisions killed 844 individuals in the County of Los Angeles, accounting for an almost 10-percent increase from the fatalities reported in the prior year.
(2) Traffic collisions resulted in 4,287 serious injuries, accounting for about a 25-percent increase from the serious injuries reported in the prior year.
(3) Traffic collisions in the County of Los Angeles resulting in serious injury to pedestrians were up by almost 28 percent, and serious injury to bicyclists was up by almost 18 percent from the serious injuries reported in the prior year.
(4) Unsafe speed was the primary collision factor in 173 fatal crashes in the County of Los Angeles, a 26-percent increase from the fatalities reported the year before.
(5) Unsafe speed was the primary collision factor in 810 crashes resulting in serious injury, almost a 21-percent increase in serious injuries reported the year prior.
(e) Recent increases in speed-related collisions that result in serious injury or death are a present and growing danger to the public.
(f) Law enforcement at the state and local level must be provided effective statutory changes to maximize their efforts in combating driving at unsafe speeds.

SEC. 3.

 Section 12810.6 is added to the Vehicle Code, to read:

12810.6.
 (a) A violation point shall be given for a first conviction of subdivision (d) of Section 22349.
(b) Notwithstanding subdivision (f) of Section 12810, a second or subsequent conviction for a violation of subdivision (d) of Section 22349 where the offense occurred within 36 months after another violation of the same subdivision, for which the driver was convicted, shall be given a value of two points.
(c) This section shall become operative on January 1, 2027.

SEC. 4.

 Section 22349 of the Vehicle Code is amended to read:

22349.
 (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 5.

 Section 22349 is added to the Vehicle Code, to read:

22349.
 (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
(d) A person shall not excessively speed on a highway with a posted speed limit of 55 miles per hour or less. For the purposes of this section, “excessively speed” means driving at a speed that exceeds the posted speed limit by 26 miles per hour or more on a highway with a posted speed limit for passenger vehicles of 55 miles per hour or less.
(1) A violation of this subdivision is punishable as an infraction by a fine of one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior infraction that resulted in a conviction, a fine not exceeding two hundred dollars ($200).
(3) For a third or subsequent infraction occurring within one year of two or more prior infractions that resulted in convictions, a fine not exceeding two hundred fifty dollars ($250).
(e) This section shall become operative on January 1, 2027.

SEC. 6.

 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.