CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1509

Introduced by Senator Stern
(Coauthors: Senators Allen, Niello, Seyarto, and Umberg)
(Coauthor: Assembly Member Irwin)

February 16, 2024

An act to amend Section 12810 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1509, as introduced, Stern. Negligent Operator Treatment (NOT) in California Act.
Existing law prescribes various speed limits for the operation of vehicles, and generally prohibits a person from driving a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed that endangers the safety of persons or property. 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, and generally provides that traffic convictions involving the safe operation of a motor vehicle result in one violation point.
This bill, the Negligent Operator Treatment (NOT) in California Act, would specify that a conviction of driving a vehicle at a speed that exceeds the posted speed limit by 26 miles per hour or more results in 2 violation points.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 and 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 of the Vehicle Code is amended to read:

12810.
 In determining the violation point count, the following shall apply:
(a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.
(b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.
(c) A conviction of reckless driving shall be given a value of two points.
(d) (1) A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.
(2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.
(3) A conviction of driving a vehicle at a speed that exceeds the posted speed limit by 26 miles per hour or more shall be given a value of two points.
(e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation point count.
(5) A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.
(j) A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.