Police Department Policy

Roll Call Training Bulletin - 20117

Sacramento Police Department

Policy Text
Roll Call Training Bulletin Produced by: Lt. Sameer Sood, Metro Operations Katherine Lester , Chief of Police Prepared by: Ofc. Jeremy Ratcliffe , PSU Volume 117 Assembly Bill 2147 “Jaywalking ” 03-24 -2023 Assembly Bill 2147 (effective 01 -01-2023) amends certain pedestrian- related provisions of Vehicle Code sections 21451 – 21456, and 21949.5 – 21966, (“ Jaywalking ”). The bill prohibit s peace officers from stopping a pedestrian for entering the roadway except where a “reasonably careful person” would realize there is an immediate danger of collision with a motor vehicle, bicycle, or other street -legal mode of transportation. Importantly, neither the bill and nor its legislative history defines the term, “reasonably careful person”; however, the “reasonably careful person” standard under the bill is comparable to the objective , civil negligence standard set fort h in California Jury Instruction 401, which refers to an objective legal standard commonly known as “the reasonably prudent person.” (CACI § 401.) SPD may continue to cite pedestrians who violate customa ry, common -sense roadway safety standards —over and above the act of jaywalking itself —including those who disregard the inherent danger of entering or loitering in the roadway while moving vehicles, bicycles, or other street -legal modes of transportation are present. This is particularly true where the pedestrian is at risk of causing an immediate collision. However, officers shall not use jaywalking itself as probable cause for a stop and/or cite individuals who simply enter the roadway outside of a crosswalk or walk in the roadway when it is reasonably safe. Additionally, officers shall not stop and/or cite pedestrians who exercise reasonable caution to avoid a collision while crossing the street. AB 2147 applies equally to the Sacramento City Code’s “jaywalking” provisions found in Chapter 10.20. If a citation under these sections is issued, it is highly recommended that the citing officer generate an information report documenting the actions of the cited individual and the accompanying traffic conditions. If a crime report results from an enforcement stop, thoroughly document your observations to justif y the circumstances of the original contact.

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