BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 719
Author: Romero (D) and Margett (R), et al
Amended: 9/2/05
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : Not relevant
SENATE JUDICIARY COMMITTEE : 7-0, 5/10/05
AYES: Dunn, Morrow, Ackerman, Cedillo, Escutia, Figueroa,
Kuehl
SENATE APPROPRIATIONS COMMITTEE : 13-0, 5/26/05
AYES: Migden, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Murray, Ortiz, Poochigian,
Romero
SENATE FLOOR : 40-0, 6/1/05
AYES: Aanestad, Ackerman, Alarcon, Alquist, Ashburn,
Battin, Bowen, Campbell, Cedillo, Chesbro, Cox, Denham,
Ducheny, Dunn, Dutton, Escutia, Figueroa, Florez,
Hollingsworth, Kehoe, Kuehl, Lowenthal, Machado,
Maldonado, Margett, McClintock, Migden, Morrow, Murray,
Ortiz, Perata, Poochigian, Romero, Runner, Scott,
Simitian, Soto, Speier, Torlakson, Vincent
ASSEMBLY FLOOR : Not available
SUBJECT : Police pursuits
SOURCE : California Peace Officers Association
California Police Chiefs Association
CONTINUED
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California State Sheriffs Association
Peace Officers Research Association of
California
DIGEST : This bill increases penalties for fleeing in a
motor vehicle from police, conditions immunity for law
enforcement agencies from liability for injuries from
police vehicle pursuits on adoption and promulgation of
pursuit policy and regular and periodic training.
Assembly Amendments (1) provide that it is the intent of
the Legislature that each agency adopt periodic training
relative to pursuit policies rather than requiring them to
do so, (2) require the Department of Motor Vehicles to
include at least one question in any of the noncommercial
driver's license examinations relative to police pursuit,
and (3) make the bill's provisions operative on July 1,
2007.
ANALYSIS : Existing law provides for compensation to
crime victims, as specified, from the Restitution Fund, a
continuously appropriated fund.
This bill would include as qualifying as a crime victim for
those purposes, injury or death caused by any party where a
peace officer is operating a motor vehicle in an effort to
apprehend a suspect, and the suspect is evading, fleeing,
or otherwise attempting to elude the peace officer.
Existing law requires the Commission on Peace Officer
Standards and Training to implement a course or courses of
instruction for the training of law enforcement officers in
the handling of high-speed vehicle pursuits and to develop
uniform, minimum guidelines for adoption by California law
enforcement agencies for response to high-speed vehicle
pursuits, as specified. Existing law expresses the intent
of the Legislature that all local law enforcement agencies
adopt those guidelines as a minimum for the agency's
pursuit policy.
This bill, instead, expresses the intent of the Legislature
that each law enforcement agency adopt, promulgate, and
require regular and periodic training consistent with an
agency's specific pursuit policy that, at a minimum,
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complies with the commission's guidelines.
Existing law specifies certain content for the California
Driver's Handbook and examinations for a driver's license.
This bill requires the Department of Motor Vehicles (DMV),
upon updating the handbook, to include at least one
question in any of the noncommercial driver's license
examinations of an applicant's knowledge and understanding
to verify that the applicant has an understanding of the
risks and punishments associated with eluding a pursuing
peace officer's motor vehicle.
Existing law makes it a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months, for
any person while operating a motor vehicle to intentionally
evade and willfully flee or otherwise attempt to elude a
pursuing peace officer's motor vehicle or bicycle under
certain conditions.
This bill makes that offense a misdemeanor punishable by
imprisonment in a county jail not exceeding one year.
Existing law makes it a misdemeanor punishable by
confinement in a county jail for not more than one year or
a felony punishable by imprisonment in the state prison for
three, four, or five years or a specified fine for any
person who commits the offense described above and
proximately causes serious bodily injury, as defined, or
death to any person.
This bill increases the term of imprisonment in the state
prison as follows: (1) A term of three, five, or seven
years or the specified fine, or both the fine and
imprisonment where the offense involves serious bodily
injury. (2) A term of four, six, or 10 years in the state
prison where the offense involves a death.
Existing law establishes the California Traffic Safety
Program, to include state and local programs, as specified.
This bill requires all traffic safety programs that receive
state funds and that include public awareness campaigns
involving emergency vehicle operations to include in the
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public awareness campaign, information on the risks to
public safety of peace officer motor vehicle pursuits, and
the penalties that may result from evading a peace officer.
Existing law requires each state and local law enforcement
agency to report to the Department of the California
Highway Patrol (CHP), on a form approved by the department,
certain specific vehicle pursuit data, including, but not
limited to, certain required data.
This bill instead requires the CHP to develop and approve a
paper or electronic form that includes additional data, and
requires that the report be made to the CHP no later than
30 days following a police pursuit, thereby imposing a
state-mandated local program by increasing the level of
services imposed on local law enforcement agencies.
This bill additionally requires the CHP to submit annually
to the Legislature a report regarding motor vehicle
pursuits.
Existing law provides that any public agency employing
peace officers that adopts a written policy on vehicular
pursuits that meets certain minimum standards, as
specified, shall be immune from liability for civil damages
for personal injury to or death of any person or damage to
property resulting from the collision of a vehicle being
operated by an actual or suspected violator of the law who
is being has been, or believes he or she is being or has
been pursued by a peace officer employed by the public
entity in a motor vehicle. Existing law makes the adoption
of a vehicle pursuit policy pursuant to these provisions
discretionary.
This bill revises the minimum standards required for a
written policy for the safe conduct of motor vehicle
pursuits. These provisions become operative on July 1,
2007.
This bill also incorporates additional changes in Section
13955 of the Government Code, to become operative only if
AB 22 and this bill are both enacted and become effective
on or before January 1, 2006, and this bill is enacted
last.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
Increased penalties Annual costs likely in the
$500 range General
Drivers' test Minor, absorbable costs
General
State-mandated local -- --
--Various
program (peace officer
training)
CHP: form development Minor, absorbable
costsGeneral
Restitution Unknown, likely not
significantSpecial*
* Restitution Fund
SUPPORT : (Verified 9/5/05)
California Peace Officers' Association (co-source)
California Police Chiefs' Association (co-source)
California State Sheriffs' Association (co-source)
Peace Officers Research Association of California
(co-source)
Department of the California Highway Patrol
ARGUMENTS IN SUPPORT : The bill's sponsor, Peace Officers
Research Association of California (PORAC), states:
"SB 719 is a well thought out approach to the
escalating danger of high-speed vehicle pursuits. This
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measure attempts to put into place a zero tolerance
program, much like the laws that have been passed over
the last decade and a half relating to drunk driving,
wherein we incorporate tough penalties to curb bad
behavior, increase training and mandatory policies for
peace officers by agencies, and [institute] a public
education program?"
PORAC concedes that the measures in this bill will not
"stop high-speed pursuits overnight," but argues "education
and tougher penalties will clearly help to reduce these
very dangerous situations and hopefully will stop senseless
deaths."
RJG:mel 9/6/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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