AB 1238 California Assembly · 2021-2022 Regular Session

Pedestrian access.

Summary
Existing law makes various provisions relating to the rules of the road, including, but not limited to, traffic signs, symbols, and markings, and pedestrians' rights and duties. Under existing law, a violation of these provisions is an infraction. Existing law prohibits a pedestrian from entering the roadway if the pedestrian is facing a steady circular yellow or yellow arrow warning signal unless otherwise directed by a pedestrian control signal, as specified. This bill would eliminate that prohibition until January 1, 2029. Existing law requires the driver of a vehicle and other specified persons, including a pedestrian, to obey the instructions of any official traffic signal applicable to the person and placed as provided by law, unless otherwise directed by a police or traffic officer, or other specified conditions exist. This bill would exempt a pedestrian from that requirement until January 1, 2029. Existing law prohibits a pedestrian from crossing at any place except a crosswalk between adjacent intersections controlled by traffic control signal devices or by police officers. Existing law requires a pedestrian to walk close to the left-hand edge of a roadway outside of a business or residence district, except as specified. This bill would repeal those provisions until January 1, 2029. The bill would prohibit a pedestrian who crosses or enters a roadway when no cars are present from being subject to a fine or criminal penalty until January 1, 2029. Existing law declares that provisions relating to pedestrian access do not prevent local authorities from adopting ordinances prohibiting pedestrians from crossing roadways at other than crosswalks. This bill would remove that authorization until January 1, 2029. Existing law prohibits a pedestrian from suddenly leaving a curb or other place of safety and walking or running into the path of a vehicle that is so close as to constitute an immediate hazard. Under existing law, a pedestrian who is not within a marked crosswalk or an unmarked crosswalk at an intersection is required to yield the right-of-way to all vehicles so near as to constitute an immediate hazard. This bill would, until January 1, 2029, state that an immediate hazard exists if the approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of collision. Commencing January 1, 2023, this bill would require the Department of the California Highway Patrol to submit an annual report to the Legislature regarding pedestrian injuries and fatalities. This reporting requirement would be repealed on January 1, 2029.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Assembly Passage
Jun 2021
Senate Passage
Sep 2021
Vetoed
Jan 2022
Introduced Feb 19, 2021 Vetoed Jan 3, 2022
Floor votes · Senate Sep 8, 2021 · Assembly Jun 2, 2021

How they voted

217
Passed · 9 other
Total votes 37
Sep 8, 2021
D Democratic29
21 Yea 8
72% Yea
R Republican8
7 Nay 1
87% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
9
Committee
11
Amendments
6
Feb 3, 2022
Vetoed
Consideration of Governor's veto stricken from file.
lower
Jan 3, 2022
Vetoed
Consideration of Governor's veto pending.
lower
Oct 8, 2021
Vetoed
Vetoed by Governor.
lower
Sep 9, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 17. Page 2998.).
lower
Sep 8, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 8, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 8. Page 2484.).
upper
Aug 26, 2021
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (August 26).
upper
Jul 15, 2021
Committee
In committee: Referred to suspense file.
upper
Jul 6, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 5, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 4. Page 1722.) (June 29).
upper
Jun 9, 2021
Committee
Referred to Coms. on TRANS. and APPR.
upper
Jun 2, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 16. Page 1827.)
lower
May 20, 2021
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 3.) (May 20).
lower
May 19, 2021
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 10, 2021
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 27, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 26). Re-referred to Com. on APPR.
lower
Apr 13, 2021
Committee
Re-referred to Com. on TRANS.
lower
Apr 12, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
lower
Mar 26, 2021
Committee
Re-referred to Com. on TRANS.
lower
Mar 25, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
lower
Mar 25, 2021
Committee
Referred to Com. on TRANS.
lower
Feb 20, 2021
Lower · Passed
From printer. May be heard in committee March 22.
lower
Feb 19, 2021
Introduced
Introduced. To print.
lower
1 primary · 2 co-sponsors

Sponsors