Decriminalizing Jaywalking in California
In California, the implementation of jaywalking checkpoints has led to unexpected and tragic outcomes. In September 2020, Kurt Reinhold was shot and killed by the San Clemente Police after they mistakenly believed he had committed a jaywalking violation. Nearly four years earlier, Chinedu Okobi lost his life during an encounter with San Mateo County deputies who were attempting to detain him for jaywalking in Millbrae, located in the Bay Area.
In 2017,Nandi Cain suffered serious injuries following a physical confrontation with Sacramento Police related to a street crossing violation.Each of these incidents involved African American victims and was documented on video. Additionally, data from the California Racial and Identity Profiling Act (RIPA) between 2018 and 2020 indicates that Black Californians are disproportionately affected by jaywalking enforcement-being stopped up to four-and-a-half times more than their white counterparts.
Law enforcement agencies across the state are preparing for upcoming changes. The governor signed legislation in October addressing concerns raised by previous bills.this new law took effect on January 1st,2023,allowing some discretion for officers regarding ticket issuance while effectively legalizing jaywalking under most circumstances.
as around mid-2010s, there have been numerous efforts aimed at either criminalizing or reducing penalties associated with jaywalking in California; though, these proposals have consistently faced rejection from both lawmakers and the governor’s office. Governor Gavin Newsom vetoed a decriminalization bill last year due to public safety concerns but ultimately signed a new law into effect in 2022.
assemblyman Phil Ting (D-San Francisco) introduced Assembly Bill 2147 which prohibits police from issuing fines for jaywalking unless there is an imminent risk of collision with vehicles or other human-powered objects. The legislation also allows pedestrians to cross streets outside designated crosswalks when no immediate danger exists. Following AB 2147’s enactment, the California Highway Patrol Commissioner is required to compile a detailed report analyzing pedestrian-related accidents statewide while assessing the impact of newly implemented safety measures.
Assemblyman Ting designed this Freedom to Walk Act primarily to alleviate the financial strain that hefty fines impose on low-income individuals while promoting walking as an choice mode of transportation that could mitigate environmental harm caused by driving.
Could it Led to More Hit and Runs?
It might.
AB-2147 could possibly lead to an increase in personal injury cases, complicating matters further. If pedestrians are not vigilant while crossing streets, this may result in more accidents leading to injuries or fatalities. Crossing illegally can incur significant penalties; thus caution is advised as legalization may inadvertently encourage distracted behavior among individuals preoccupied with their devices.
Previously illegal activities such as jaywalking necessitated heightened awareness among pedestrians since drivers were not obligated to yield right-of-way under those circumstances-a situation that may require adjustment as people adapt to this new legislative framework.
- Related Articles:
- VC 20001-20002 – Hit & Run in California
- What to Do If You Have Been Charged with a Hit and Run in California
- Hit and Run Statistics in Los Angeles
- Los Angeles Hit and Run Attorney
Safety First
Despite AB-2147 being enacted, it remains crucial for pedestrians always check both directions before crossing streets while drivers must maintain focus on road conditions at all times-this vigilance helps prevent accidents from occurring altogether.However, lapses occur frequently where both parties fail due diligence leading towards unfortunate incidents; thus AB-2147’s introduction might exacerbate carelessness among some individuals navigating roadways resulting potentially higher fatality rates.
Individuals injured due negligence can seek compensation for incurred expenses stemming from such events-but determining fault becomes challenging when rules surrounding AB-2147 lack clarity regarding pedestrian responsibility during crossings outside designated areas requiring thorough investigation by legal professionals tasked with gathering evidence pertinent towards establishing liability within each case scenario presented before them.
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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practise defending a variety of cases.
