Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 533

Introduced by Assembly Member Holden

February 13, 2017

An act to amend Section 2256 Sections 38316, 38317, 38318, and 38318.5 of the Vehicle Code, relating to California Highway Patrol officers. off-highway motor vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 533, as amended, Holden. Department of the California Highway Patrol: officer qualifications: age limit. Off-highway motor vehicles.
Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine of not less than $50 nor more than $500, or by both that imprisonment and fine, to drive an off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property. Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine of not less than $100, nor more than $1,000, or by both that imprisonment and fine, to recklessly drive an off-highway motor vehicle and proximately cause bodily injury to any person. Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine not exceeding $1,000, or by both that imprisonment and fine, to throw any substance at an off-highway motor vehicle or occupant of that vehicle. Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine not exceeding $1,000, or by both that imprisonment and fine, to maliciously remove or alter trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles.
This bill would double the amounts of the fines applicable to those offenses.

Existing law requires that an applicant for entry level peace officer of the Department of the California Highway Patrol be no older than 35 years of age at the time of examination.

This bill would raise the maximum age for examination to no older than 45 years of age.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38316 of the Vehicle Code is amended to read:

38316.
 (a) It is unlawful for any a person to drive any an off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property.
(b) Any A person who violates this section shall, upon conviction thereof, be punished by imprisonment in the a county jail for not less than five days nor more than 90 days or by a fine of not less than fifty one hundred dollars ($50) ($100) nor more than five hundred dollars ($500) one thousand dollars ($1,000), or by both such that fine and imprisonment, except as provided in Section 38317.

SEC. 2.

 Section 38317 of the Vehicle Code is amended to read:

38317.
 Whenever reckless driving of an off-highway motor vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the a county jail for not less than 30 days nor more than six months or by a fine of not less than one two hundred dollars ($100) ($200) nor more than one two thousand dollars ($1,000) ($2,000), or by both such that fine and imprisonment.

SEC. 3.

 Section 38318 of the Vehicle Code is amended to read:

38318.
 (a) Any A person who throws any substance at an off-highway motor vehicle or occupant thereof is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one two thousand dollars ($1,000) ($2,000) or by imprisonment in the a county jail for not more than six months, or by both the fine and imprisonment.
(b) Any A person who, with intent to do great bodily injury, maliciously and willfully throws or projects any rock, brick, bottle, metal, or other missile, projects any other substance capable of doing serious bodily harm, or discharges a firearm at an off-highway motor vehicle or occupant thereof is guilty of a felony.

SEC. 4.

 Section 38318.5 of the Vehicle Code is amended to read:

38318.5.
 (a) Any A person who maliciously removes or alters trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one two thousand dollars ($1,000) ($2,000) or by imprisonment in the a county jail for not more than six months, or by both the fine and imprisonment.
(b) Any A person who, with intent to do great bodily injury (1) injury, proximately causes great bodily injury to any person as a result of acts prohibited by subdivision (a), or (2) erects or places any cable, chain, rope, fishing line, or other similar material which that is unmarked or intentionally placed, or both, for malicious purpose is guilty of a felony.
(c) Any A person convicted under subdivision (a) or (b) shall, if the violation proximately causes one or more adverse environmental impacts, also be liable in civil damages for the cost of mitigation, restoration, or repair thereof, in addition to any other liability imposed by law.

SECTION 1.Section 2256 of the Vehicle Code is amended to read:
2256.

Notwithstanding Section 18932 of the Government Code, the minimum age limit for appointment to the position of entry level peace officer of the Department of the California Highway Patrol, shall be 21 years, and the maximum age limit for examination shall be 45 years.