Bill Text: CA AB2742 | 2023-2024 | Regular Session | Introduced


Bill Title: Emergency vehicles: penalties.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-04-23 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 5.) (April 22). Re-referred to Com. on APPR. [AB2742 Detail]

Download: California-2023-AB2742-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2742


Introduced by Assembly Member Sanchez
(Coauthors: Assembly Members Chen, Megan Dahle, Davies, Dixon, Flora, Gallagher, Mathis, Jim Patterson, and Ta)

February 15, 2024


An act to amend Sections 21806 and 42001.12 of the Vehicle Code, relating to emergency vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2742, as introduced, Sanchez. Emergency vehicles: penalties.
Existing law requires, upon the immediate approach of an authorized emergency vehicle that is sounding a siren and has a lighted lamp exhibiting red light, that a driver of a vehicle yield the right-of-way to the emergency vehicle, that the operator of a street car immediately stop the street car, and that all pedestrians proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
Existing law makes a violation of that provision an infraction, punishable by specified fines.
This bill would prohibit a person driving a vehicle upon a highway or a pedestrian from willfully obstructing a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass and would make a violation of this provision punishable by specified fines. By creating a new crime, 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.

 Section 21806 of the Vehicle Code is amended to read:

21806.
 Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:
(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.
(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.
(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.
(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
(d) A person driving a vehicle upon a highway or a pedestrian shall not willfully obstruct a highway, including in the course of a protest, in any manner that interferes with the ability of an authorized emergency vehicle to pass.

SEC. 2.

 Section 42001.12 of the Vehicle Code is amended to read:

42001.12.
 Every (a) Except as provided in subdivision (b), a person convicted of an infraction for a violation of Section 21806 shall be punished as follows:

(a)

(1) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

(b)

(2) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).

(c)

(3) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(b) A person convicted of an infraction for a violation of subdivision (d) of Section 21806 shall be punished as follows:
(1) For a first conviction, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).
(2) For a second conviction within one year, by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1000).
(3) For a third or any subsequent conviction within three years, by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).

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.
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