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.

———

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.

‘Community Voices’ article calls for end of non-transparent practices in sexual assault cases

August 10, 2016 | 9:37 am


The partners at Chain | Cohn | Stiles have penned a “Community Voices” article, calling on the County of Kern to cease practices that call for confidential settlements in lawsuits pertaining to victims of sexual assault, as well as paying “hush money” to those victims. The article was printed Sunday, Aug. 7, in The Bakersfield Californian, which you can read in the newspaper version here as well, or read below.

For media coverage on relevant and recent sexual assault cases represented by the Bakersfield law firm Chain | Cohn | Stiles, scroll to the bottom of the page.

———

County’s non-transparent practices in sexual assault cases need to end

By the Partners at Chain | Cohn | Stiles

One of the fundamental tenets of democracy is the concept of transparency in government. Unfortunately, for years the County of Kern has attempted to cover up instances of sexual assault and misconduct by County law enforcement personnel.

Government transparency promotes accountability and transforms citizens into public watchdogs. For there to be effective public oversight of government, our citizens must be able to freely access information about the decisions their government makes. This includes the right to know how their hard-earned tax dollars are being spent, especially when that money is being used to compensate victims of sexual assault.

Kern County’s pattern and practice of insisting on confidential settlements with victims of sexual assault flies in the face of transparency in government. If a County law enforcement official sexually assaults an innocent victim, then we as taxpayers have an absolute right to know about it. We have a right to know how it happened, why it happened, and what, if anything, is being done to ensure that it never happens again. Confidentiality does nothing to prevent sexual assault from occurring again; it is adverse to public policy and can allow the wrongful conduct to continue. But when the public is made aware of these wrongful acts, and the settlements that follow, it has the effect of exposing sexual predators and lax departmental policies, with the hope that curbing future wrongful conduct will become an obvious priority for the County.

The only part of a settlement in sexual assault cases that should remain confidential is the identity of the victim. Protecting their identities encourages victims to come forward without fear of retaliation or humiliation.  Making the settlement terms publicly known while keeping the identity of victims confidential strikes the right balance between open government and protecting the dignity of victims.

The County’s well-documented practice of paying “hush money” to victims, however, is far from dignified. Even though County officials in news stories have described this practice as “nothing unusual,” and defended it as a “common practice throughout the United States,” it is far from common and it is neither morally nor ethically sound. The payment program is an acceptable practice in the context of resolving small claims for property damage, but is far from appropriate in the context of fairly compensating victims of sexual assault. To even suggest that the two are somehow equivalent is dehumanizing and demeaning to victims of sexual assault.

Approaching unrepresented victims of sexual misconduct with small stacks of cash at their homes shortly after they have been sexually assaulted is wrong, particularly where the perpetrator and fixer both hail from the same public entity. Perhaps more importantly, this practice runs afoul of our commitment to transparency and accountability, because it has the effect of sweeping sexual misconduct under the rug, without the public ever knowing about it.

One county official insisted to local media that confidential settlements have “nothing to do with transparency,” and criticized our law firm for being guardians of the public trust. We don’t take that as a criticism – we embrace it as our commitment to our community.

It’s time for the County to put an end to this abhorrent practice.

— Chain | Cohn | Stiles is a Bakersfield-based injury and workers’ compensation law firm. The partners include David Cohn, James Yoro, Matthew Clark and Neil Gehlawat.

———

RELATED MEDIA COVERAGE

 

OTHER CHAIN | COHN | STILES SEXUAL ASSAULT CASES