BILL NUMBER: AB 2190 CHAPTERED 09/23/06 CHAPTER 432 FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2006 APPROVED BY GOVERNOR SEPTEMBER 23, 2006 PASSED THE ASSEMBLY AUGUST 29, 2006 PASSED THE SENATE AUGUST 28, 2006 AMENDED IN SENATE AUGUST 23, 2006 AMENDED IN SENATE JUNE 26, 2006 AMENDED IN ASSEMBLY APRIL 20, 2006 AMENDED IN ASSEMBLY MARCH 27, 2006 INTRODUCED BY Assembly Members Benoit and Vargas (Coauthors: Assembly Members Bogh, Chan, Cogdill, Daucher, Harman, Shirley Horton, Huff, La Suer, Maze, Mountjoy, Saldana, Spitzer, and Walters) (Coauthors: Senators Cox and Margett) FEBRUARY 22, 2006 An act to add Sections 23105 and 23109.1 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2190, Benoit Vehicles: reckless driving and motor vehicle speed contests. (1) Existing law requires a person convicted of reckless driving that proximately causes great bodily injury, as defined, to a person other than the driver, who has previously been convicted of a violation of one of specified provisions related to reckless driving, motor vehicle speed contests, and driving under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, to be punished by imprisonment in the state prison, by imprisonment in a county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $220 nor more than $1,000, or by both the fine and imprisonment. This bill would require a person convicted of reckless driving that proximately causes one or more of various specified injuries to a person other than the driver to be punished in the same manner. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law requires that if a person is convicted of engaging in a motor vehicle speed contest on a highway for an offense that occurred within 5 years of the date of a prior offense that resulted in a conviction for engaging in a motor vehicle speed contest on a highway, and the perpetration of the most recent offense proximately causes serious bodily injury, as defined, to a person other than the driver, the convicted person to be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than $500 nor more than $1,000. This bill would require a person convicted of engaging in a motor vehicle speed contest that proximately causes one or more of various specified injuries to a person other than the driver to be punished by imprisonment in the state prison, or by imprisonment in a county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $500 nor more than $1,000, or by both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 23105 is added to the Vehicle Code, to read: 23105. (a) A person convicted of reckless driving in violation of Section 23103 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment in the state prison, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) This section applies to all of the following injuries: (1) A loss of consciousness. (2) A concussion. (3) A bone fracture. (4) A protracted loss or impairment of function of a bodily member or organ. (5) A wound requiring extensive suturing. (6) A serious disfigurement. (7) Brain injury. (8) Paralysis. (c) This section does not preclude or prohibit prosecution under any other provision of law. SEC. 2. Section 23109.1 is added to the Vehicle Code, to read: 23109.1. (a) A person convicted of engaging in a motor vehicle speed contest in violation of subdivision (a) of Section 23109 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment in the state prison, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) This section applies to all of the following injuries: (1) A loss of consciousness. (2) A concussion. (3) A bone fracture. (4) A protracted loss or impairment of function of a bodily member or organ. (5) A wound requiring extensive suturing. (6) A serious disfigurement. (7) Brain injury. (8) Paralysis. (c) This section does not preclude or prohibit prosecution under any other provision of law. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.