Amended in Senate August 8, 2016

Amended in Senate June 6, 2016

Amended in Assembly April 27, 2016

Amended in Assembly April 13, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2088

Introduced by Assembly Member Linder

(Coauthors: Assembly Members Chang, Gallagher, Cristina Garcia, Hadley, Kim, Maienschein, and Waldron)

February 17, 2016

An act to add Section 13211 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2088, as amended, Linder. Vehicles: hit-and-run accidents: pleas.

Existing law requires the driver of a vehicle involved in an accident involving either injury to a person other than the driver, or the death of a person, to immediately stop and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law requires the Department of Motor Vehicles to immediately revoke the driving privileges of a person convicted of a violation of that provision.

Existing law requires the driver of a vehicle involved in an accident involving only damage to property, or a person who parks a vehicle that becomes a runaway vehicle and damages property, to stop, as applicable, and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law authorizes a court to suspend the driving privileges of a person convicted of a violation of that provision for not more than 6 months.

This bill would, commencing January 1, 2018, require a prosecutor who agrees to accept a plea of guilty or nolo contendere from a defendant for a charge of a violation of the latter provision described above in satisfaction of, or as a substitute for, a charge for a violation of the former provision to state on the record whether begin insert or not the accident in which end insert the defendant was involved begin delete in an accident in which a end delete begin insert was one in which another end insert person was injured. The bill would require the prosecutor’s statement to occur prior to the defendant’s waiver of the right to a jury trial. begin delete The bill would also require the judge to inform the defendant of the consequences described below before accepting the defendant’s plea of guilty or nolo contendere under these circumstances. If the court accepts the plea and the prosecutor’s statement stipulates or does not contest the fact that the defendant was driving the vehicle that caused injury to another individual, end delete begin insert If the prosecution states for the record that the accident in which the defendant was involved was one in which another person was injured, the bill would require the judge to inform the defendant of the consequences described below. If the defense admits that another person was injured in the accident or stipulates to the prosecution’s statement and the defendant waives his or her right to a jury trial as to that fact, end insert the bill would require the begin delete court to immediately suspend the convicted person’s end delete begin insert court, upon accepting the defendant’s plea of guilty or nolo contendere, to order the suspension of the defendant’s end insert driving privileges for a period of 6 months, begin delete restrict the convicted person’s end delete begin insert the restriction of the defendant’s end insert driving privileges to employment purposes only, as specified, for no more than 6 months, or begin delete order the convicted person to complete end delete begin insert completion of end insert community service, as the court deems appropriate. By changing the penalty for a crime, the 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 13211 is added to the Vehicle Code, to
read:

13211.  

If the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of Section 20002 in
satisfaction of, or as a substitute for, an original charge of a
violation of Section 20001, the prosecution shall state for the record
the factual basis for the satisfaction or substitution, including
whether begin insert or not the accident in which end insert the defendant was involved
begin delete in an accident in which a person end delete begin insert was one in which another person end insert
was injured. begin delete The prosecution’s end delete begin insert This end insert statement shall occur prior to
begin insert both end insert the defendant’s waiver of the right to a jury begin delete trial. The judge
shall inform the defendant of the consequences specified in
subdivisions (a), (b), and (c) before accepting the defendant’s plea
of guilty or nolo contendere under these circumstances. end delete

begin delete If the court accepts the defendant’s plea of guilty or nolo
contendere to a charge of a violation of Section 20002, and the
prosecutor’s statement provided pursuant to this section stipulates
or does not contest the fact that the defendant was driving the
vehicle that caused injury to another individual, the court shall
immediately issue an order to impose one of the following
consequences: end delete begin insert trial as to the charge of a violation of Section 20002
and the defendant’s waiver of the right to a jury trial described
below. If the prosecution states for the record that the accident in
which the defendant was involved was one in which another person
was injured, the judge shall inform the defendant of the
consequences specified in subdivisions (a) to (c), inclusive. If the
defense admits that another person was injured in the accident or
stipulates to the prosecution’s statement under this section and
the defendant waives his or her right to a jury trial as to that fact,
the court shall, upon accepting the defendant’s plea of guilty or
nolo contendere as described in this section, order one of the
following consequences: end insert

(a)  begin delete Suspend the convicted driver’s end delete begin insert Suspension of the defendant’s end insert
privilege to operate a motor vehicle for a period of six months.

(b)  begin delete Restrict the convicted driver’s end delete begin insert Restriction of the defendant’s end insert
privilege to operate a motor vehicle to necessary travel to and from
that person’s place of employment for not more than six months.
If driving a motor vehicle is necessary to perform the duties of the
person’s employment, the court may restrict the driving privilege
to allow driving in that person’s scope of employment. Whenever
a person’s driving privilege is restricted pursuant to this
subdivision, the person shall be required to maintain proof of
financial responsibility.

begin delete

(c) Require the convicted driver to complete community service,
as the court deems appropriate.

end delete begin insert

(c) Completion of community service, as the court deems
appropriate, by the defendant.

end insert

This section shall become operative on January 1, 2018.

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.