New California Laws Effective January 1, 2013


 

The California legislature passed some 800 new laws which become effective on January 1, 2013.

Some new criminal laws include:

AB 1432 adds Penal Code section 273j:  This law makes it a misdemeanor for a parent to fail to report within 24 hours that a minor child is missing or has died.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1432_bill_20120930_chaptered.html

AB 1527 adds Penal Code section 26400:  This law makes it a misdemeanor to carry an unloaded firearm that is not a handgun in any incorporated city or city & county (i.e., San Francisco).  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1501-1550/ab_1527_bill_20120928_chaptered.html

AB 2020 amends Vehicle Code section 23612 to provide for implied consent by any driver to submit to a breath or blood test if lawfully arrested for DUI.  This modifies existing law to delete the previously authorized alternative of submitting to a urine test.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2001-2050/ab_2020_bill_20120827_chaptered.html

SB 661 adds Penal Code section 594.37:  This law makes it a misdemeanor to picket, on public property, a funeral for a period of time starting one hour before the funeral starts and ending one hour after the funeral ends.  This law is designed primarily to track federal law protecting the privacy of military funerals.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0651-0700/sb_661_bill_20120917_chaptered.html

New laws on some subjects previously discussed here:

SB 1140 amends Family Code section 400 to provide that any priest, minister, rabbi, or authorized person of any religious denomination may decline to solemnize a same-sex marriage if doing so is contrary to the tenets of his or her faith.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1101-1150/sb_1140_bill_20120930_chaptered.html

AB 1536 amends Vehicle Code section 23123.5 to authorize texting while driving as long as the driver is using a hands-free, voice-activated electronic messaging device.  This bill modifies existing law which prohibits texting while driving.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1501-1550/ab_1536_bill_20120713_chaptered.html

Some other new laws of interest:

AB 1708 amends Vehicle Code section 16088 to allow drivers to provide proof of insurance upon request of a law enforcement officer by use of a mobile electronic device.  This is a modification of existing law, which requires drivers to provide documentary proof of insurance upon request of a law enforcement officer.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1708_bill_20120907_chaptered.html

SB 1264 amends Penal Code section 11165.7 to add to the list of “mandated reporters” of suspected child abuse or neglect athletic coaches, assistant coaches and graduate assistants.  This change brings these individuals within the coverage of existing law, which makes it a misdemeanor for a mandated reporter to fail to report such suspected abuse or neglect.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1251-1300/sb_1264_bill_20120924_chaptered.html

SB 1298 adds Vehicle Code section 38750:  This law authorizes the operation of “autonomous” vehicles (that is, vehicles which drive themselves, or more accurately, which are driven by a computer), as long as there is a licensed driver in the driver’s seat.  The full text of this law is available here:

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1251-1300/sb_1298_bill_20120925_chaptered.html

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Hands Free Cell Phone Dichotomy


Fines for violating the new hands free cell phone law in California are $20 for the first offense and $50 for any second and subsequent offenses. California Vehicle Code section 23123.

The fine schedule for violating the California high occupancy vehicle (carpool) lane is derived primarily from California Vehicle Code section 42001.11 (set forth in full below). A rather arcane application of that section and several other code sections results in a minimum fine of $271.

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The Cell Phone Debate “Rages” On


As mentioned in my previous post on the new California hands free cell phone law, there has been a raging debate over the use of cell phones while driving. I recently participated in a conversation on the subject on the website “Newsvine”, which conversation begins at:

http://dawn1.newsvine.com/_news/2008/06/26/1613075-the-truth-about-driving-and-talking-on-the-cell

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