New year, new laws for California drivers, police, bicyclist, and more

January 1, 2020 | 6:00 am


The New Year brings new laws to California.

For 2020, several new laws will affect roadway safety starting Jan. 1, including increased distracted driving penalties, peace officer use of deadly force, bicycle turning movements at intersections, wildlife salvage permits, and motor carrier permit rules. The following laws are relevant for Chain | Cohn | Stiles legal practices, as the law firm handles accident and injury cases.

  • Traffic control devices for bicycles (AB 1266): This new law allows bicycles to travel straight through a right or left-hand turn-only lane while at an intersection, if an official traffic control device indicates the movement is permitted. The California Department of Transportation would be required to develop standards to implement the provisions.
  • 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. A 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): This new law revises the standards for use of deadly force by peace officers. The use of deadly force by a peace officer is justifiable when the officer reasonably believes it is necessary, amending the reasonable force standard to “objectively reasonable force.”
  • Law enforcement training (SB 230): 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.
  • Cannabis and passenger vehicles (AB 1810): California law will now prohibit the consumption of cannabis, in any manner, by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper. This exemption is now only applicable to alcoholic beverages consumed by passengers in these types of vehicles.

Besides these traffic laws above, you should be aware of several other new laws in 2020 affecting the workplace, your privacy, animals, schools, and the criminal justice system.

WORKPLACE

  • Minimum wage (SB 3): The minimum wage in California goes up by one dollar to $12 an hour for workers at companies with 25 or fewer employees and to $13 an hour for workers at larger companies.
  • Hairstyles (SB 188): California becomes the first state to ban workplace and school discrimination based on a person’s natural hairstyle or hair texture. Protected hairstyles include braids, twists and locks.
  • Lactation accommodations (SB 142): This new law requires companies to provide appropriate lactation accommodations that is close to the employee’s work area, has electrical plugs and is free of intrusion.
  • Sexual harassment (SB 1343): Requires businesses with at least five employees to provide sexual harassment training to its employees within six months of being hired, and every two years after that.
  • Paid family leave (SB 83): New parents will have more time to care for their child. Benefits under Paid Family Leave will increase from six weeks to eight weeks starting on July 1, 2020.

HOUSEHOLDS

  • AB 1482: Rent control: The law limits rent increases to 5 percent each year plus inflation, but never above 10 percent total. The law does not apply to housing built in the 15 years prior. The limit is a rolling number so the date housing is excluded changes every year.
  • AB 652: Religious displays: The law prohibits landlords and homeowner associations from banning the display of religious items on entry doors or door frames. The items cannot be larger than 26 by 12 inches.
  • SB 222: Housing discrimination: This law expands existing law to protect veterans and military personnel against housing discrimination.
  • SB 30: Domestic partners: This law allows heterosexual couples to register as domestic partners instead of getting married. Currently, only heterosexual couples age 62 or older were allowed to register as domestic partners because of social security benefits. The new law could help couples with combined higher incomes avoid the federal marriage tax penalty.

PRIVACY

  • Online privacy (AB 375): The California Consumer Privacy Act (CCPA) gives internet users more control over their data. Among other things, the law gives users the right to know what data is collected, the right to reject the sale of your information and the right to delete your data.

EDUCATION

  • School suspensions (SB 419): The law bans schools from suspending students in grades 4-8 for disrupting school activities or defying teachers and administrators. Students in grades K-3 already have this protection. High school students must wait until 2025 for the same benefit.

CRIMINAL JUSTICE

  • Juvenile hall (SB 439): Minors under 12 who commit non-violent crimes would be released to his or her parent or legal guardian instead of being sent to juvenile hall. The law does not apply to minors who commit murder, rape, or great bodily harm.
  • Human trafficking (SB 970): Operators of motels and hotels in California must provide training to teach its staff how to identify victims of human trafficking.

ANIMALS

  • Dog areas (AB 1762): The California Department of Parks and Recreation has until July 1 to establish a comprehensive list of state parks that allow dogs, including the specific areas that allow dogs and the total miles of trails that are open to dogs.

WILDFIRES

  • Public safety power shutoffs (SB 167): Requires utilities to devise plans on reducing the negative impact of planned power shutoffs to first responders and people with disabilities.
  • Tree trimming (AB 247): Gives the California Public Utilities Commission more oversight over tree trimming efforts by utilities. Power companies would have to submit timely reports on their brush and tree trimming work.
  • Wildfire warning center (SB 209): Establishes a wildfire warning center to broaden the state’s ability to predict and prepare for wildfire. The center would rely on a statewide network of automated weather stations and fire detection cameras.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

New year, new laws for California drivers, bicyclist, scooter riders

January 2, 2019 | 11:10 am


As usual, the New Year brings about new laws to California. And for 2019, several new laws involve measures that affect most of us in the state: driving safety, civil rights, sexual harassment in the workplace, and more. Here are short descriptions of some of these new laws, many of which are a focus for us at Chain | Cohn | Stiles:

 

TRAFFIC SAFETY

DUI Devices (SB 1046): Drivers who have been convicted of two DUIs will have to install breathalyzers, or ignition interlock devices, in order to start their vehicles. This allows drivers to keep their driving privileges instead of having their licenses suspended. Industry experts say ignition interlocks show a 74 percent reduction in repeat DUIs.

Motor Scooters (AB 2989): Helmets are no longer required for motorized scooter riders over 18 or older. Motorized scooters are also allowed on Class IV and Class II bike paths. It is still illegal to ride a motorized scooter on a sidewalk. The law also allows scooters to ride on roads with speed limits up to 35 mph. Learn more about scooter safety by clicking here.

Bike Hit & Run (AB 1755): Hit-and-run laws will be expanded to include bicyclists on bike paths. That means, if a bicyclist hits a person, resulting in a death or injury, the bicyclist must stay at the scene. The bicyclist can be held accountable, CHP said. Learn more about bicycle safety here.

Helmet Safety (AB 3077): Anyone younger than 18 not wearing a helmet on a bicycle, scooter, skateboard or skates will be issued a “fix-it” citation. If the minor can show they took a bicycle safety course and has a helmet that meets safety standards within 120 days, the citation will be non-punishable.

Loud Vehicles (AB 1824): Drivers in a vehicle or motorcycle with an excessively loud exhaust will be fined. Previously, they would have been cited with a “fix-it” ticket.

 

CIVIL RIGHTS & POLICE TRANSPARENCY

Body Cameras (AB 748): Requires that body camera footage be released within 45 days of a police shooting, or when an officer’s use of force causes death or great bodily harm.

Police Records (SB 1421): Allows public access to police records in use-of-force cases, as well as investigations that confirmed on-the-job dishonesty or sexual misconduct.

 

EMPLOYMENT LAW & SEXUAL HARASSMENT

Reporting Harassment (AB 2770): Protects employees who report sexual harassment allegations without malice from liability for defamation of the people they accuse. Also, allows employers to indicate during reference checks whether an individual has been determined to have engaged in sexual harassment.

Nondisclosure (SB 820): Bans nondisclosure agreements in sexual harassment, assault and discrimination cases that were signed on or after Jan. 1, 2019.

Settlement Agreements (AB 3109): The law invalidates any provision in a contract or settlement agreement that waives a person’s right to testify in an administrative, legislative or judicial proceeding concerning alleged criminal conduct or sexual harassment.

Harassment Protections (SB 224): Expands employee harassment protections to include those who are not only employers but who could help establish a business, service or professional relationship. This could include doctors, lawyers, landlords, elected officials and more.

Burden of Proof (SB 1300): Expands liability under the Fair Employment and Housing Act, or FEHA. It lowers the burden of proof to establish harassment and provides stricter guidance on what is or isn’t unlawful harassment. It also expands protections from harassment by contractors, rather than just sexual harassment. Defendants can’t be awarded attorney’s costs unless the action was frivolous. It prohibits release of claims under FEHA in exchange for a raise, a bonus or as a condition of employment or continued employment.

Harassment Training (SB 1343): Requires employers with five or more employees to provide two hours of sexual harassment prevention to all supervisory employees and at least one hour of sexual harassment training to nonsupervisory employees by Jan. 1, 2020. Training should take place every two years after that. Employers also need to make the training available in multiple languages.

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If you or someone you know is injured in an accident in an accident at the fault of a DUI driver, sexually assaulted, or had their civil rights violated, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.

Awards, goodwill, and a goodbye in 2017; Work for justice and safety continues in 2018

January 10, 2018 | 10:41 am


The following was sent recently to those subscribed to the Chain | Cohn | Stiles e-newsletter. If you would like to sign up to receive future notices, please click here

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A Happy New Year from our Chain | Cohn | Stiles family to yours! As Maya Angelou said, “The horizon leans forward, offering you space to place new steps of change.”

Before we move ahead, we wanted to share some law firm news and notes from 2017 with you:

  • It was a year of awards and achievements at Chain | Cohn | Stiles. Here are just a few:
    • Associate attorney Beatriz was named “Young Workers’ Compensation Lawyer of the Year” by the State Bar.
    • The law firm received a “Kern Green Award” for going above and beyond to make a positive environmental impact in Kern County.
    • For the fifth year straight, the law firm was voted among the “Best of Kern County” in the “Best Law Firm” category, as was managing partner David K. Cohn for “Best Lawyer”.
  • Milton Younger, a former esteemed attorney and partner who spent 53 years at the law firm, died in September. We remember his legacy.
  • The fourth annual “Walk Like MADD & MADD Dash,” presented by Chain | Cohn | Stiles, brought together 1,000-plus and raised over $80,000 to fight against DUI crimes locally.

Today, hard work continues at the law firm, including the following:

Looking ahead into 2018, please join us in the following:

  • Voting in the 2018 “Best of Kern County” poll begins Jan. 16 and runs until Jan. 28, and we’re proud to share that we’ve been nominated once again. We wholeheartedly appreciate your vote and support.
  • We’re the presenting sponsor for the 2018 Bakersfield “Walk Like MADD & MADD Dash”, which will be held Sept. 29, at Park at River Walk. Join us in the ongoing fight against DUI crimes.
  • Keep up with Chain | Cohn | Stiles activities throughout the year by following our various social media pages listed below, as well as our blog, Blogging For Justice.

Finally, we all wish you a healthy and happy 2018!

All the best,

Chain | Cohn | Stiles

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* NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the values of the fraud, whichever is greater, or by both imprisonment and fine.

5 new California laws in 2018 call for safer streets and workplaces

December 27, 2017 | 9:17 am


The New Year also means new laws for California.

Several laws will take effect starting Jan. 1, including several transportation-related rules and changes. They include laws related to marijuana and driving, seat belts on buses, and a new blood alcohol concentration limit for Uber drivers.

Because Chain | Cohn | Stiles focuses on motor vehicle accidents and other roadway related injury cases, we wanted to share some of these changes as we start 2018. And since the Bakersfield-based law firm also represents victims of workplace harassment, we also share one new law related to employer supervisor training.

Learn a little more about these new laws below, courtesy of the California Department of Motor Vehicles:

Marijuana Use in Vehicles (SB 65): This law prohibits using marijuana or marijuana products while driving or riding as a passenger in a vehicle. This includes smoking marijuana and consuming edibles in vehicles. Similar to the “open container” laws, marijuana products must be locked away or sealed in a container. If you break this law, you’ll get a negligent operator point counts. The same goes for motorcycle riders. The new law will be implemented after officers pull motorists over for separate moving violations.

Commercial Buses and Seat Belts (SB 20): This law requires passengers on commercial buses to put on a seat belt. Kids over 8 years old but under 16 years old won’t be allowed to ride unless they are restrained by a seat belt; otherwise, parents and legal guardians will be fined $20 on the first violation, and $50 thereafter.

DUI, Passenger for Hire (AB 2687): This one begins July 1, 2018, and this law makes it illegal for anyone to drive with a blood alcohol concentration of .04 percent or higher if there is a passenger in the vehicle who has hired the driver — like Ubers or Lyfts. This is a higher standard than the current .08 BAC for all drivers. Punishment is a suspended driver’s license if convicted.

Motorcycle Training (AB 1027): This law authorizes the DMV to accept a certificate of satisfactory completion of any motorcyclist-training program approved by the California Highway Patrol in the place of a required motorcycle skills test. Applicants for an original motorcycle license or motorcycle endorsement under 21 years of age are still required to complete a novice motorcyclist-training program.

Harassment Training (SB 396): Especially relevant now during the “Me Too” movement, employers with 50 or more employees — who are already legally required to conduct two hours of sexual harassment training every two years — must include training for supervisors that includes harassment based on gender identity, gender expression, and sexual orientation.

* Update: Chain | Cohn | Stiles is no longer accepting wrongful termination and sexual harassment cases *

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If you or someone you know is injured in a vehicle accident at the fault of someone, contact the lawyers at Chain | Cohn | Stiles by calling (661) 323-4000 or visit the website chainlaw.com.

New California driving law mandates 3 feet for cyclist safety

September 19, 2014 | 11:14 am


It’s as easy as 1, 2, 3 — and it can decrease accidents, injuries and potentially save lives.

A new California law took effect this week that requires drivers to give bicyclists at least 3 feet space as they pass them on the roads. It’s called the “Three Feet for Safety Act,” which was signed by Gov. Jerry Brown in September 2013 and went into effect on Tuesday.

Violators of the new will be fined $35 if they drive too close to a bicyclist. A $220 fine will be imposed if a cyclist is injured when a driver is violating the 3-foot buffer.

More than 150 cyclists in California were killed in collisions with cars in 2012, according to the Los Angeles Times. And in Los Angeles County, nearly 5,000 cyclists were killed or injured in traffic accidents that same year.

Previous California laws did not specify a safe distance from bicyclists. Now, California is the 24th state to enact a 3-foot passing law. Pennsylvania requires at least 4 feet between cars and bikes. Go here to see a map of all participating states.

Public safety officials — including the California Highway Patrol — advise drivers to slow down near bicyclists, pay attention, check their blind spots and have patience for others. And drivers are reminded that bicyclists can have the right to take control of a full lane of traffic if there are unsafe conditions in bike lanes, or if conditions are unsafe for drivers to pass them.

Bicyclists, too, are reminded about proper safety measures. The California Department of Motor Vehicles, for example, provides several safety tips. They include:

  • Maintain control of your bicycle.
  • Protect yourself–reduce the risk of head injury by always wearing a helmet.
  • Be visible, alert, and communicate your intentions.
  • Ride with traffic.

A rule of thumb for distinguishing if you’re too close to a cyclist while driving: if the bicyclist can reach out his or her arm and touch your vehicle, you’re most likely closer than 3 feet.

Here are some more details on how the law works:

  • The law applies to any place a vehicle passes a bicyclist, regardless of whether there’s a bike lane.
  • A law enforcement officer must witness a violation to issue a fine.
  • One exception: If there is not enough room for a driver to give 3 feet of space, the driver must first slow down before safely passing.

Other rules drivers and cyclists should know, include:

  • Bicyclist can wear earphones or headphones, but must have one ear open to traffic at all times.
  • Riding while talking on a cell phone is permitted.

For more information on bike safety, check out these websites for more resources:

And remember, if you’re ever injured in an accident while riding your bicycle, call the Bakersfield accident and injury law firm Chain | Cohn | Stiles at 661-323-4000 or visit the website Chainlaw.com.