BILL ANALYSIS Ó
AB 534
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Date of Hearing: April 7, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Quirk, Chair
AB
534 (Linder) - As Introduced February 23, 2015
SUMMARY: Requires the court to suspend the driving privilege
for six months of any person who pleads guilty or nolo
contendere to hit and run with property damage if the charge is
a substitute or in satisfaction of the charge of hit and run
resulting in injury or death. Specifically, this bill:
1)Provides that if the prosecution agrees to a plea of guilty or
nolo contendere to a charge of leaving the scene of an
accident resulting in property damage without stopping and
properly identifying himself or herself, in satisfaction of,
or a substitute for the charge of leaving the scene of an
accident resulting in injury or death without stopping and
properly identifying himself or herself, the prosecutor shall
state for the record the factual basis for the satisfaction or
substitution, including whether the defendant was involved in
accident in which a person was struck.
2)States that if the court accepts the defendant's plea of
guilty or nolo contendere to a charge of leaving the scene of
an accident resulting in property damage without stopping and
properly identifying himself or herself, and the prosecutor's
states that the driver of the vehicle was involved in an
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accident where a person was struck, the court shall
immediately suspend the convicted driver's privilege to
operate a motor vehicle for a period of six months.
EXISTING LAW:
1)Provides that a court may suspend, for not more than six
months, the privilege of a person to operate a motor vehicle
upon conviction of any of the following offenses:
a) Failure of a driver involved in an accident where
property is damaged to stop and exchange specified
information;
b) Reckless driving proximately causing bodily injury;
c) Failure of a driver to stop at a railroad crossing as
required;
d) Evading or fleeing from a peace officer in a motor
vehicle or upon a bicycle; and,
e) Knowingly causing or participating in a vehicular
collision, or any other vehicular accident, for the purpose
of presenting or causing to be presented any false or
fraudulent insurance claim. (Veh. Code, §13201.)
2)States that the Department of Motor Vehicles (DMV) immediately
shall revoke the privilege of a person to operate a motor
vehicle upon receipt of a duly certified abstract of the
record of a court showing that the person has been convicted
of any of the following crimes or offenses:
a) Failure of the driver of a vehicle involved in an
accident resulting in injury or death to stop or otherwise
comply, as specified;
b) A felony in which a motor vehicle is used, except as
specified; and,
c) Reckless driving causing bodily injury. (Veh. Code, §
13350, subd. (a).)
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3)Provides that the driver of any vehicle involved in an
accident resulting in damage to any property, including a
vehicle, shall immediately stop the vehicle and exchange
information, as specified, or leave in a conspicuous place on
the vehicle or other property damaged written notice giving
the name and address of the driver of the vehicle involved.
The failure to comply with these requirements is a misdemeanor
punishable by imprisonment in a county jail not to exceed six
months, or by a fine not to exceed $1,000, or by both a fine
and imprisonment. (Veh. Code, § 20002.)
4)Requires the driver of any vehicle involved in an accident
resulting in injury to any person, other than himself or
herself, or in the death of any person to immediately stop the
vehicle at the scene of the accident and to fulfill specified
requirements. The failure to comply is a punishable by
imprisonment in the state prison for16 months, two, or three
years or, by imprisonment in a county jail not to exceed one
year, or by a fine of not less than $1,000 nor more than
$10,000, or by both a fine and imprisonment. If the accident
results in death or permanent, serious injury, the offense is
punishable 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 $1,000
nor more than $10,000, or by both a fine and imprisonment.
(Veh. Code, § 20001, subds. (a) & (b).)
5)Provides that a person who flees the scene of the crime after
committing vehicular manslaughter with gross negligence or
vehicular manslaughter while intoxicated, upon conviction for
that offense, in addition and consecutive to the punishment
prescribed, shall be punished by an additional term of
imprisonment of five 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. (Veh. Code, § 20001, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: According to the author, "AB 534 adds
Section 13200.3 of the Vehicle Code to help reduce the number
of hit-and-run accidents, while prioritizing highway safety
and protecting victims. This bill addresses hit-and-run
drivers who commit an offense punishable by a mandatory one
year license revocation, but get to keep their licenses after
entering into a plea bargain. AB 534 ensures that this will
no longer happen by granting prosecuting agencies the
flexibility to plea bargain a hit-and-run with injury down to
a hit-and-run with property damage while ensuring a mandatory
six month license suspension."
2)Argument in Support: The Association of California Highway
Patrolmen argues, "Under current law hit and run accidents are
classified into three categories: (1) a misdemeanor
hit-and-run with property damage, (2) a wobbler hit-and-run
involving other injury, and (3) a wobbler hit and run
involving serious injury or death. A level one conviction is
subject to a six month license suspension; however, it is at
the discretion of the court.
"This bill would revise these provisions and make the six
month suspension mandatory.
"Hit and run accidents are becoming more prevalent. Current
penalties do not reflect the seriousness of the crime and
therefore do not act as an effective deterrent. AB 534 would
change the law to make hit and run drivers more accountable
for their actions, in the hopes of reducing the number of
accidents."
3)Argument in Opposition: The American Civil Liberties Union
argues, "AB 534 would require courts to immediately suspend,
for six months, the driving privilege of any defendant who
pleads guilty or nolo contendere to a violation of Vehicle
Code section 20002 (failure to comply with specified
requirements in accidents resulting only in damage to
property) which was originally charged as a violation of
Vehicle Section 20001(failure to comply with specified
requirements in accidents resulting in injury to a person)
when the prosecution states for the record that the person was
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involved in an accident where a person was struck.
"However, under current law, courts already have within their
discretion the ability to suspend for six months, the driver's
privilege of any defendant convicted of a violation of Vehicle
Code section 20002 - regardless of whether a defendant was
involved in an accident where a person was struck (Vehicle
Code section 13201). By requiring courts to immediately
suspend driver's privileges in all cases in which a defendant
is convicted of a violation of Vehicle Code section 20002
under the circumstances described by the bill, AB 534
unnecessarily and improperly strips courts of their
discretion."
4)Prior Legislation:
a) AB 1532 (Gatto), of the 2013-14 Legislative Session,
would have required that the privilege to operate a motor
vehicle shall be suspended for six months for any person
convicted of being a driver of a vehicle involved in an
accident where a person is struck, but not injured, and the
driver of the vehicle leaves the scene of the accident
without exchanging required information, as specified. AB
1532 was vetoed by the Governor.
b) AB 2337 (Linder), of the 2013-14 Legislative Session,
would have increased from one to two years the mandatory
suspension of the privilege to operate a motor vehicle for
any person convicted of leaving the scene of an accident
resulting in injury or death without exchanging required
identification information. AB 2337 was vetoed by the
Governor.
REGISTERED SUPPORT / OPPOSITION:
Support
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Association of California Highway Patrolmen
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs' Association
Crime Victims United of California
American Motorcyclist Association
City of Torrance
Walk & Bike Mendocino
Opposition
California Public Defenders Association
American Civil Liberties Union
California Attorneys for Criminal Justice
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744