California 2017-2018 Regular Session Status: In Committee 1 R cosponsors

AB 971 — Vehicles: driving offenses: falling items.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a traffic officer with reason to believe that a vehicle is not safely loaded, to require the driver to stop and submit to an inspection. Existing law authorizes a traffic officer who determines that the vehicle is not safely loaded, to require the driver to stop and reload or remove a portion of the load as necessary to make the vehicle load safe. Existing law defines vehicular manslaughter as, among other things, driving a vehicle in the commission of an unlawful act, as specified, that results in the unlawful killing of a human being without malice. Under existing law, vehicular manslaughter with gross negligence, as defined, is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 2, 4, or 6 years, and vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year. This bill would require a driver transporting an item in a vehicle or truck bed to ensure that the item is reasonably secured before driving the vehicle. The bill would also require a driver transporting heavy debris, metal, glass, or any other item that falls from a vehicle or truck bed while being transported to report the loss of the item and the route the vehicle traveled during the time the item fell to the Department of the California Highway Patrol as soon as he or she discovers the item is missing. A violation of these provisions is an infraction punishable by a fine of $200 for a first offense, $400 for a 2nd offense occurring within one year of a prior offense, or $800 for a 3rd or subsequent offense occurring within one year of 2 or more prior offenses. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make the driver of a vehicle transporting an item that falls and proximately causes the death of another person guilty of vehicular manslaughter, punishable by imprisonment in the state prison or a county jail, as specified above. By expanding the scope of an existing 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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Hearing for testimony only.

  4. In committee: Set, second hearing. Hearing canceled at the request of author.

  5. In committee: Set, first hearing. Hearing canceled at the request of author.

  6. Re-referred to Com. on TRANS.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  8. Referred to Com. on TRANS.

  9. From printer. May be heard in committee March 19.

  10. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does AB 971 do?
Existing law authorizes a traffic officer with reason to believe that a vehicle is not safely loaded, to require the driver to stop and submit to an inspection. Existing law authorizes a traffic officer who determines that the vehicle is not safely loaded, to require the driver to stop and reload or remove a portion of the load as necessary to make the vehicle load safe. Existing law defines vehicular manslaughter as, among other things, driving a vehicle in the commission of an unlawful act, as specified, that results in the unlawful killing of a human being without malice. Under existing law, vehicular manslaughter with gross negligence, as defined, is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 2, 4, or 6 years, and vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year. This bill would require a driver transporting an item in a vehicle or truck bed to ensure that the item is reasonably secured before driving the vehicle. The bill would also require a driver transporting heavy debris, metal, glass, or any other item that falls from a vehicle or truck bed while being transported to report the loss of the item and the route the vehicle traveled during the time the item fell to the Department of the California Highway Patrol as soon as he or she discovers the item is missing. A violation of these provisions is an infraction punishable by a fine of $200 for a first offense, $400 for a 2nd offense occurring within one year of a prior offense, or $800 for a 3rd or subsequent offense occurring within one year of 2 or more prior offenses. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make the driver of a vehicle transporting an item that falls and proximately causes the death of another person guilty of vehicular manslaughter, punishable by imprisonment in the state prison or a county jail, as specified above. By expanding the scope of an existing 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.
Who sponsors AB 971?
AB 971 is sponsored by Choi, Steven S. (Republican).
What is the current status of AB 971?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 971?
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