BILL NUMBER: AB 956	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mansoor

                        FEBRUARY 22, 2013

   An act to amend Section 20001 of the Vehicle Code, relating to
vehicle accidents.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 956, as introduced, Mansoor. Vehicle accidents: fleeing.
   Existing law provides that a person who flees the scene of the
crime after committing vehicular manslaughter with gross negligence,
upon conviction for that offense, in addition and consecutive to the
punishment prescribed, shall be punished by an additional term of
imprisonment of 5 years in the state prison. Existing law provides
that this additional term shall not be imposed unless the allegation
is charged in the accusatory pleading and admitted by the defendant
or found to be true by the trier of fact.
   This bill would apply that penalty in the case of vehicular
manslaughter without gross negligence. By imposing additional burdens
on local prosecuting agencies in connection with expanding the
application of an existing criminal penalty, this bill would impose a
state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20001 of the Vehicle Code is amended to read:
   20001.  (a) The driver of a vehicle involved in an accident
resulting in injury to a person, other than himself or herself, or in
the death of a person shall immediately stop the vehicle at the
scene of the accident and shall fulfill the requirements of Sections
20003 and 20004.
   (b) (1) Except as provided in paragraph (2), a person who violates
subdivision (a) shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year, or by a fine
of not less than one thousand dollars ($1,000) nor more than ten
thousand dollars ($10,000), or by both that imprisonment and fine.
   (2) If the accident described in subdivision (a) results in death
or permanent, serious injury, a person who violates subdivision (a)
shall be punished by imprisonment in the state prison for two, three,
or four years, or in a county jail for not less than 90 days nor
more than one year, or by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
both that imprisonment and fine. However, the court, in the interests
of justice and for reasons stated in the record, may reduce or
eliminate the minimum imprisonment required by this paragraph.
   (3) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interests of justice and for reasons stated in
the record, may reduce the amount of that minimum fine to less than
the amount otherwise required by this subdivision.
   (c) A person who flees the scene of the crime after committing a
violation of Section 191.5 of, or paragraph (1)  or (2)  of
subdivision (c) of Section 192 of the Penal Code, upon conviction of
any of those sections, in addition and consecutive to the punishment
prescribed, shall be punished by an additional term of imprisonment
of five years in the state prison. This additional term shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact. The court shall not strike a finding that brings a person
within the provisions of this subdivision or an allegation made
pursuant to this subdivision.
   (d) As used in this section, "permanent, serious injury" means the
loss or permanent impairment of function of a bodily member or
organ.
  SEC. 2.  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.