BILL NUMBER: AB 2673	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2014

   An act to amend Section 1377 of the Penal Code, relating to civil
compromise.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2673, as introduced, Bradford. Civil compromise: hit and run.
   Existing law allows for the civil compromise of an misdemeanor
offense if the person injured by the commission of the misdemeanor
appears before the court and acknowledges that he or she has received
satisfaction for the injury. On payment of the costs incurred,
existing law allows the court to order all proceedings stayed and
discharge the defendant from prosecution. Existing law prohibits
civil compromise in certain cases, including, among others, cases
involving domestic violence, elder abuse, and child abuse.
   Existing law requires a driver of a vehicle involved in an
accident resulting in the injury or death of another person to
immediately stop the vehicle at the scene of the accident and
requires a driver of a vehicle involved in an accident resulting only
in damage to property to immediately stop the vehicle at the nearest
location that will not impede traffic or jeopardize the safety of
other motorists, among other requirements.
   This bill would prohibit the civil compromise of a misdemeanor
that was committed in violation of the above requirements to stop the
vehicle at or near the scene of an accident.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1377 of the Penal Code is amended to read:
   1377.  When the person injured by an act constituting a
misdemeanor has a remedy by a civil action, the offense may be
compromised, as provided in Section 1378, except when it is committed
as follows:
   (a) By or upon an officer of justice, while in the execution of
the duties of his or her office.
   (b) Riotously.
   (c) With an intent to commit a felony.
   (d) In violation of any court order as described in Section 273.6
or 273.65.
   (e) By or upon any family or household member, or upon any person
when the violation involves any person described in Section 6211 of
the Family Code or subdivision (b) of Section 13700 of this code.
   (f) Upon an elder, in violation of Section 368 of this code or
Section 15656 of the Welfare and Institutions Code.
   (g) Upon a child, as described in Section 647.6 or 11165.6. 
   (h) In violation of subdivision (a) of Section 20001 or
subdivision (a) of Section 20002 of the Vehicle Code.