California officers ready for new laws in new year

Law enforcement officers and the California Highway Patrol are bracing for new legislative changes that will take effect beginning Jan. 1.

The need to modernize many vehicle requirements was encouraged by the California Legislature to reflect current existing laws, including increased distracted driving penalties, peace officer use of deadly force, bicycle turning movements at intersections, wildlife salvage permits, and motor carrier permit rules.

License points for distracted driving (AB 47):

Current law prohibits a person from driving a motor vehicle while using a wireless telephone in a handheld manner; if found in violation, the offense is punishable by a fine.

However, beginning July 1, 2021, this new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each hands-free violation occurring within 36 months of a prior conviction for the same offense.

Peace officer use of deadly force (AB 392):

Beginning Jan. 1, 2020, this new law revises the standards for use of deadly force by peace officers. Under Assembly Bill 392, police would only be allowed to use deadly force in self defense, defense of another person of when necessary to prevent the escape of a fleeing felon who poses a threat of death or serious injury to the public.

AB 392 would also ban the use of this defense if the officer acted in a criminally negligent manner, including if the officer’s criminal negligence created the necessity for the use of deadly force. Section 835a of the Penal Code amends the reasonable force standard to, objectively reasonable force.

Use of deadly force, training policies (SB 230):

With the enactment of AB 392, this new law requires law enforcement agencies to rewrite use of force policy and provide mandatory training to all peace officers in order to comply with the new law. California State Senate Bill 230 would allow police to use deadly force if the officer reasonably believes the suspect poses an imminent threat of death or serious physical injury to the officer or others, or when a fleeing suspect has committed a “forcible and atrocious felony.”

SB 230 would also require law enforcement agencies in California to maintain policies that include guidelines on the use of force, using de-escalation techniques and other alternatives to force when feasible, guidelines on the use of deadly force and factors for reviewing all use-of-force incidents. It would also require the agencies to make their use-offorce policies accessible to the public, and encourage them to adopt uniform minimum guidelines.

Traffic control devices bicycles (AB 1266): This bill authorizes a bicyclist to travel straight through a right- or left-turn-only lane and requires Caltrans to develop standards for lane striping, pavement marking, and appropriate regulatory signs to implement this bill. This new law requires Caltrans to come up with guidance on how to let bicyclists know when they are allowed to go straight through an intersection when a right-turn-only lane requires vehicles to turn. The Department of Transportation would be required to develop standards to implement the provisions.

Transportation omnibus bill (AB 1810): This California law will regulate cannabis tourism, and it ends an exemption that allowed passengers to consume cannabis — in any manner — by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper. The bill does provide exemptions for alcoholic beverages consumed by passengers in these types of vehicles.

Another provision in the same bill authorizes motor carriers of property to operate for up to 30 days past the permit’s expiration date under some circumstances.

Wildlife salvage permits (SB 395): Directs the Department of Fish and Wildlife to conduct a wildlife-collision data collection pilot program to support wildlife conservation efforts. Additionally, this bill would require the California Department of Fish and Wildlife develop a program that would allow drivers who unintentionally fatally strike a deer, elk, pronghorn antelope or wild pig to take it home and cook it. It would also allow people who stumbled upon an animal carcass to keep it for food.

As signed into law, the department has until 2022 to develop a permitting process that would allow people to obtain a wildlife salvage permit after taking possession of the animal in exchange for information about the animal, where it was killed or found, what led up to the animal’s death, and where the carcass was being taken among other information.

The bill sought to eliminate the waste of wild game meat and improve the safety of wild game animals by collecting data on when and where most wild game was being accidentally killed.