SACRAMENTO,
Calif. – New laws approved by the California Legislature in 2019 will affect
roadway safety in several ways, including increased distracted driving
penalties, peace officer use of deadly force, bicycle turning movements at
intersections, wildlife salvage permits, and motor carrier permit rules.
In support
of the Department’s mission of providing the highest level of Safety, Service,
and Security, the California Highway Patrol (CHP) is highlighting several new
laws passed this year. Except where
noted, these laws are effective January 1, 2020.
License points for distracted
driving (AB 47, Daly): Current law prohibits a person from driving a
motor vehicle while using a wireless telephone in a handheld manner; if found
in violation, the offense is punishable by a fine. However, beginning
July 1, 2021, this new law will levy
an additional penalty on a driver found in violation of California’s hands-free
law: a point will be added on to a
driver’s record for each hands-free violation occurring within 36 months of a
prior conviction for the same offense.
Peace officer use of deadly force
(AB 392, Weber): Beginning January 1, 2020, this new law revises the standards for use of deadly force by peace
officers. The use of deadly force by a
peace officer is justifiable when the officer reasonably believes it is
necessary. Section 835a of the Penal
Code amends the reasonable force standard to “objectively reasonable force.”
Law enforcement: use of deadly force: training:
policies (SB 230, Caballero): With the enactment of AB 392, this new law requires
law enforcement agencies to rewrite use of force policy and provide mandatory
training to all peace officers in order to comply with the new law.
Traffic control devices: bicycles (AB 1266, Rivas):
This new law allows bicycles to travel straight through a right or
left-hand turn-only lane while at an intersection, if an official traffic
control device indicates the movement is permitted. The Department of Transportation would be
required to develop standards to implement the provisions.
Transportation: omnibus bill (AB 1810, Committee on Transportation):
Amends
Section
34621 of the California Vehicle Code (CVC) allowing motor carriers of property
to continue operating for 30 days past their permit expiration date, under
specified circumstances. This
legislation also provided for an amendment to Section 23229 CVC. California law will now prohibit the
consumption of cannabis, in any manner, by passengers in a bus, taxicab,
pedicab, limousine, housecars, or camper.
This exemption is now only applicable to alcoholic beverages consumed by
passengers in these types of vehicles.
Wildlife salvage permits (SB 395, Archuleta): Directs
the Department of Fish and Wildlife to conduct a wildlife-collision data
collection pilot program to support wildlife conservation efforts. Additionally, this bill would authorize the
Fish and Game Commission, in consultation with the CHP and other stakeholders,
to establish a wildlife salvage pilot program authorizing the issuance of a
permit for the removal and recovery of deer, elk, pronghorn antelope, and wild
pigs killed because of a collision with a vehicle, if the wild game meat is
used for human consumption.
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