________________________________________________________________________________ info.sen.ca.gov/pub/bill/sen/sb_2001-2050/sb_2004_bill_20000504_amended_sen.html BILL NUMBER: SB 2004 AMENDED BILL TEXT AMENDED IN SENATE MAY 4, 2000 AMENDED IN SENATE APRIL 12, 2000 INTRODUCED BY Senator Speier FEBRUARY 25, 2000 An act to amend Section 3053 of, and to add Sections 417.10, 1203.1p, and 13519.10 to, the Penal Code, and to amend Section 40000.15 of, and to add Sections 493, 2419.5, 4000.5, 4000.6, and 27010 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 2004, as amended, Speier. [Safety track] Pursuit intervention termination management system. (1) Existing law provides for the duties and responsibilities of the Department of the California Highway Patrol. This bill would require the department to certify that a manufacturer or the manufacturer's designee of any [safety track] pursuit intervention termination management system, as defined, offered for sale in the state complies with performance standards, as prescribed. (2) Existing law does not require that vehicles offered for sale in this state have a [safety track] pursuit intervention termination management system installed. This bill would impose that requirement on new motor vehicles on and after January 1, 2005, and on all vehicles required to be registered in the state on and after January 1, 2008. The bill would authorize the department to grant waivers from the installation requirement, as specified. (3) Existing law provides for certain equipment requirements for motor vehicles and provides penalties for violations of those requirements. This bill would make it a misdemeanor, thereby imposing a state-mandated local program, for any owner of a motor vehicle that is required to install a functioning [safety track] pursuit intervention termination management system to fail to maintain that system in accordance with the manufacturer's specification. This bill would prohibit any person from removing, bypassing, or tampering with a [safety track] pursuit intervention termination management system. The bill would make a violation of this prohibitions a crime, thereby imposing a state-mandated local program. (4) Existing law provides for various crimes in the Penal Code. This bill would make it a crime for a person who is not certified as described in (7) or is not an employee of a certified manufacturer or manufacturer's designee to render a motor vehicle inoperable by activating a [safety track] pursuit intervention termination management system or a component of that system. The bill would also make it a crime for every person to render a motor vehicle inoperable by activating a [safety track] pursuit intervention termination management system or a component of that system in the course of the commission of a separate public offense. The bill would make it a crime for every person who is not certified to activate a [safety track] pursuit intervention termination management system or a component of that system. (5) Existing law allows courts to grant probation to persons convicted of public offenses, except as specified. This bill would specifically allow a court in granting probation to a defendant to require that defendant to have any motor vehicle operated by that defendant to have a functioning [safety track] pursuit intervention termination management system and would authorize inspection of the system. (6) Under existing law, the Board of Prison Terms, upon granting any parole to any prisoner, is allowed to impose on the parole any conditions that the court deems proper. This bill would specifically allow the board to impose as a condition of parole that a prisoner granted parole operate only motor vehicles that have a functioning [safety track] pursuit intervention termination management system and would authorize inspection of the system and activation in specified situations. (7) Existing law requires the Commission on Peace Officer Standards and Training to develop certain courses and training programs and, in connection with those programs, to issue certificates upon completion of a program. This would require each member of the Department of the California Highway Patrol and each peace officer of a city police department or sheriff's department to complete a described course and receive certification from the commission regarding [PITMS] pursuit intervention termination management system . The bill would require the training to include relevant laws, potential liability, and techniques. The bill would require the training course to consist of a minimum of 4 hours and to include instruction in accordance with the system's manufacturer's specifications. The bill would require the commission to consult with the department and a manufacturer in the development of the instruction, and to include specific areas of concentration. Because this bill would impose additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. (8) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 417.10 is added to the Penal Code, to read: 417.10. (a) (1) Every person who renders a motor vehicle inoperable by activating a [safety track] pursuit intervention termination management system or a component of that system is guilty of a misdemeanor punishable by confinement in the county jail for up to 60 days. (2) This subdivision does not apply to a peace officer who is certified under Section 13519.10 or is not an employee of a manufacturer or manufacturer's designee certified under subdivision (b) of Section 2419.5 of the Vehicle Code and is acting within the course of his or her employment. (b) (1) (A) Except as provided in subparagraph (B), every person who renders a motor vehicle inoperable by activating a [safety track] pursuit intervention termination management system or a component of that system in the course of the commission of a separate public offense is guilty of a misdemeanor. (B) Every person committing an offense as set forth in subparagraph (A), [which] that results in great bodily injury or death of any person is guilty of a felony. (2) The offense described in paragraph (1) shall be in addition to the underlying public offense described in paragraph (1). (c) Every person who is not certified pursuant to [Section 13519.10 or is not an employee of a manufacturer or manufacturer's designee certified under subdivision (b) of Section 2419.5 of the Vehicle Code and who activates a safety track system or a component of that] Section 13519.10 and who activates a pursuit intervention management system or a component of that system is guilty of a misdemeanor punishable by confinement in the county jail for up to 30 days. (d) As used in this section, " [safety track] pursuit intervention termination management system" has the same meaning as that term is defined in Section 493 of the Vehicle Code. SEC. 2. Section 1203.1p is added to the Penal Code, to read: 1203.1p. (a) If a defendant is convicted of an offense and the defendant is granted probation, the court may order that any motor vehicle operated by that person have a functioning safety track pursuit intervention termination management system as defined in Section 493 of the Vehicle Code. (b) A court may order that a [safety track] pursuit intervention termination management system required to be installed under subdivision (a) be regularly inspected and maintained. SEC. 3. Section 3053 of the Penal Code is amended to read: 3053. (a) The Board of Prison Terms upon granting any parole to any prisoner may also impose on the parole any conditions that it may deem proper. (b) (1) The Board of Prison Terms may impose as a condition of parole that any prisoner granted parole undergo an examination or test for tuberculosis when the board reasonably suspects that the parolee has, has had, or has been exposed to, tuberculosis in an infectious stage. (2) For purposes of this subdivision, an "examination or test for tuberculosis" means testing and followup examinations or treatment according to the Centers for Disease Control and American Thoracic Society recommendations in effect at the time of the initial examination. (c) The Board of Prison Terms may impose as a condition of parole that a prisoner granted parole operate only motor vehicles that have functioning [safety track system] pursuit intervention termination management systems , as defined in Section 493 of the Vehicle Code. (d) The Board of Prison Terms may order that a [safety track system required to be install under subdivision (c)] pursuit intervention termination management system required to be installed under subdivision (c) be regularly inspected and maintained. (e) A device installed under subdivision (c) may be activated to prevent or terminate the pursuit of a parolee in violation of any condition of his or her parole. SEC. 4. Section 13519.10 is added to the Penal Code, to read: 13519.10. (a) (1) Each member of the Department of the California Highway Patrol and peace officer of a city police department or sheriff's department using equipment designed to activate a safety track pursuit intervention termination management system shall complete a course, as described in this subdivision, which is certified by the commission. (2) The training shall include, but is not limited to, relevant laws, potential liability, and techniques regarding the use of the [safety track] pursuit intervention termination management system, as defined in Section 493 of the Vehicle Code. The training course shall consist of a minimum of four hours of instruction, and shall include instruction in accordance with the specifications of all manufacturers certified pursuant to Section 2419.5 of the Vehicle Code. The commission shall consult with the Department of the California Highway Patrol and a manufacturer certified pursuant to Section 2419.5 of the Vehicle Code in the development of the instruction, and shall include all of the following practical areas of concentration: (A) High-speed avoidance laser technology capabilities and limitations. (B) Terminating the pursuit with lasers. (C) Practical [safety track] pursuit intervention termination management system demonstration and use, including, but not limited to, the user's demonstration of proficiency with the hand held activation device and experience operating a vehicle in which a [safety track] pursuit intervention termination management system has been activated. (D) Laser or electronic technology utilization and agency policy. (E) Laser or electronic technology and air support. (b) For the initial group of peace officers certified under this section, the training and certification described in subdivision (a) shall be completed on or before July 1, 2004. SEC. 5. Section 493 is added to the Vehicle Code, to read: 493. (a) A [safety track system] "pursuit intervention termination management system" is a system that meets the performance standards set forth in subdivision (b), and consists of both of the following components: (1) An electronic or electromechanical device, including, but not limited to, one or more computer chips that are installed either in, or functions in conjunction with, an automobile's onboard electronics system or fuel system, or both the electronics system and fuel systems. (2) One or more devices that may [remotely activate the device] only be remotely activated by a peace officer and is installed in the vehicle, and that uses an encrypted electronic or laser signal to activate the device installed in the vehicle. (b) Any device described in paragraphs (1) and (2) of subdivision (a) shall meet or exceed all of the following performance standards: (1) The device installed in the vehicle shall, at a minimum, respond to both an encrypted electronic or laser signal from a remote activation device made by any company. [ (2) The device installed in the vehicle shall be capable of providing the location of the vehicle in which it is installed, but only with the permission of the owner, and only through the use of a personal identification number or similar secure identifying technology. (3)] (2) A remote activation device shall be equipped with at least one fail-safe and anti-theft technology that renders the device inoperable in the hands of a person who is not qualified to use the [safety track] pursuit intervention termination management system pursuant to Section 13519.10 of the Penal Code [, or who is not qualified, through a contract with the vehicle owner, to activate the safety track system with the permission of the owner under the terms of the contract. (4)] . (3) The two devices described in paragraphs (1) and (2) of subdivision (a), when operated together, shall be able to reduce the speed of a vehicle by controlling the flow of fuel or the ignition of an engine, or both the flow of fuel and the ignition of the engine. [ (5)] (4) Any vehicle rendered inoperable by the activation of the system shall be equipped to automatically become operable within 20 minutes from the activation. [ (6)] (5) A remote activation device may be portable or stationary. [ (7)] (6) A remote activation device shall be sufficiently accurate so as to activate the device installed in the targeted vehicle, and leave unaffected any vehicle within a one-half mile radius of the target vehicle. [ (8) A safety track system shall be tamper resistant. (9) Any safety track system shall not be disruptive to] (7) A pursuit intervention termination management system shall be tamper resistant. (8) Any pursuit intervention termination management system shall not be disruptive to medical devices, aircraft systems, radio communications, or television signals and shall comply with [any applicable standards] all applicable manufacturing standards for motor vehicles as prescribed by the United States government. SEC. 6. Section 2419.5 is added to the Vehicle Code, to read: 2419.5. A manufacturer or manufacturer's designee shall obtain certification from the department prior to offering a [safety track] pursuit intervention termination management system for sale in the state. The department shall certify each manufacturer or manufacturer's designee that produces a safety track pursuit intervention termination management system that is in compliance with the standards set forth in Section 493. SEC. 7. Section 4000.5 is added to the Vehicle Code, to read: 4000.5. (a) (1) Except as provided in subdivision (b), on and after January 1, 2005, every manufacturer or importer of new motor vehicles for sale or lease in this state shall equip the vehicle with a [safety track system or offer a safety track system] pursuit intervention termination management system or offer a pursuit intervention termination management system as an option for purchase. (2) On and after January 1, 2008, all vehicles that are required to be registered for operation in this state shall have a functioning, certified [safety track] pursuit intervention termination management system installed in the vehicle. (b) (1) The Department of the California Highway Patrol may waive the requirements set forth in subdivision (a) for any vehicle or class of vehicle identified by the Department of the California Highway Patrol for any of the following reasons: (A) The vehicle or class of vehicles consists of authorized emergency vehicles. (B) Mechanical limitations of the vehicle or class of vehicles. (C) Health or safety concerns related to the use of the [safety track equipment.] pursuit intervention termination management system equipment. (D) Lack of multiple manufacturers of [safety track] pursuit intervention termination management systems for the vehicle or class of vehicles. (E) To comply with any federal law or regulation that is inconsistent with the installation of a [safety track] pursuit intervention termination management system. (2) Any waiver granted pursuant to paragraph (1) shall be consistent with the objectives of reducing vehicle theft and the need for high-speed vehicle pursuits by law enforcement. (3) For any waiver granted pursuant to paragraph (1), the vehicle or class of vehicle shall be defined by regulation by the Department of the California Highway Patrol and shall be consistent with the objectives of reducing vehicle theft and the need for high-speed vehicle pursuits by law enforcement. SEC. 8. Section 4000.6 is added to the Vehicle Code, to read: 4000.6. Upon demand of a peace officer, every person who drives a motor vehicle that is subject to a [safety track] pursuit intervention termination management system requirement under any provision of law shall allow an inspection of the [safety track] pursuit intervention termination management system to determine that it is installed and functioning properly. SEC. 9. Section 27010 is added to the Vehicle Code, to read: 27010. (a) No owner or other person shall remove, bypass, or tamper with a [safety track] pursuit intervention termination management system installed in a vehicle with the intent to interfere with the proper functioning of the system. (b) Any person who violates this section is guilty of a misdemeanor punishable by confinement in the county jail for six months or a fine of one thousand dollars ($1,000) or both that fine and confinement. SEC. 10. Section 40000.15 of the Vehicle Code is amended to read: 40000.15. A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Sections 23103 and 23104, relating to reckless driving. Section 23109, relating to speed contests or exhibitions. Subdivision (a) of Section 23110, relating to throwing at vehicles. Section 23152, relating to driving under the influence. Subdivision (b) of Section 23222, relating to possession of marijuana. Subdivision (a) or (b) of Section 23224, relating to persons under 21 years of age knowingly driving, or being a passenger in, a motor vehicle carrying any alcoholic beverage. Section 23253, relating to officers on vehicular crossings. Section 23332, relating to trespassing. Section 24011.3, relating to vehicle bumper strength notices. Section 27010, relating to [safety track systems.] pursuit intervention termination management systems. Section 27150.1, relating to sale of exhaust systems. Section 27362, relating to child passenger seat restraints. Section 28050, relating to true mileage driven. Section 28050.5, relating to nonfunctional odometers. Section 28051, relating to resetting odometers. Section 28051.5, relating to devices to reset odometers. Subdivision (d) of Section 28150, relating to possessing four or more jamming devices. SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard 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 XIIIB of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. ________________________________________________________________________________ no copyright 2000 rolux.org - no commercial use without permission. is a moderated mailing list for the advancement of minor criticism. post to the list: mailto:inbox@rolux.org. more information: mailto:minordomo@rolux.org, no subject line, message body: info rolux. further questions: mailto:rolux-owner@rolux.org. home: http://rolux.org/lists - archive: http://rolux.org/archive