BILL ANALYSIS Ó
AB 2088
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Date of Hearing: March 29, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2088 (Linder) - As Introduced March 28, 2016
SUMMARY: Requires the court to suspend the driving privilege
for six months or impose an appropriate period of community
service for 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
an accident in which a person was injured.
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 or require
the convicted driver to complete community service as the
court deems appropriate.
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,
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c) Reckless driving causing bodily injury. (Veh. Code, §
13350, subd. (a).)
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 punishable by
imprisonment in the state prison for 16 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).)
6)Provides that every person convicted of vandalism or affixing
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graffiti, as specified, may be ordered by the court as a
condition of probation to perform community service not to
exceed 300 hours over a period not to exceed one year during a
time other than his or hers hours of school attendance or
employment. (Pen Code, § 594.6, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "There's no
question that hit-and-runs have reached epidemic proportions
in our state with California Highway Patrol (CHP) citing
nearly 79,000 total hit-and-run collisions in 2015 alone. This
is up from the 73,000 collisions reported in 2014. AB 2088 is
an effort to reduce the number of hit-and-runs and bring
justice to the victims by ensuring that offenders face
consequences for their reckless decisions.
"When committing a hit-and-run carries fewer penalties than
driving under the influence, the choice to flee the scene of
an accident is tempting for drunk drivers especially since
their judgment is already impaired. California's weak penalty
structure for hit-and-runs must be corrected to deter
potential offenders, protect victims, and create greater
highway safety."
2)Limits Court Discretion: This bill requires the court to
suspend the driving privilege for six months or impose a an
appropriate period of community service for 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.
Vehicle Code Section 13201 authorizes a court to suspend, for
not more than six months, the privilege of a person to operate
a motor vehicle upon conviction for failure of a driver
involved in an accident where property is damaged to stop and
exchange specified information.
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Additionally, the court may impose any condition of probation
reasonably related to the offense and aimed at discouraging
such conduct in the future. (See People v. Lent (1975) 15 Cal.
3d 481, 486.) The imposition of a period of community service
would be considered a valid condition of probation and well
within the courts discretion.
This bill limits the court's discretion in that it requires
the court to either suspend the defendant's driving privilege
for six months or impose a period of community service. Both
of which options the court may already exercise, in
appropriate cases, in the sound exercise of its discretion.
3)Violates Apprendi v. New Jersey: In this bill, in order for
the court to impose the additional sanction of, either, a six
month license suspension or community service, the prosecution
must state on the record the factual basis for the
substitution for the original charge, including whether the
defendant was involved in an accident in which a person was
injured.
The Sixth amendment right to a jury trial applies to any factual
finding, other than that of a prior conviction, necessary to
warrant any sentence beyond the presumptive maximum. (Apprendi
v. New Jersey (2000) 530 U.S. 466, 490; Blakely v. Washington
(2004) 524 U.S. 296, 301, 303-304.)
In Cunningham v. California (2007) 549 U.S. 270, the United
States Supreme Court held California's Determinate Sentencing
Law (DSL) violated a defendant's right to trial by jury by
placing sentence-elevating fact finding within the judge's
province. (Id. at p. 274.) The DSL authorized the court to
increase the defendant's sentence by finding facts not
reflected in the jury verdict. Specifically, the trial judge
could find factors in aggravation by a preponderance of
evidence to increase the offender's sentence from the
presumptive middle term to the upper term and, as such, was
constitutionally flawed. The Court stated, "Because the DSL
authorizes the judge, not the jury, to find the facts
permitting an upper term sentence, the sentence cannot
withstand measurement against our Sixth Amendment precedent."
(Id. at p. 293.)
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In this bill, the additional punishment of a license suspension
or community service is triggered by a factual finding by the
court, based on a statement by the prosecution that the
defendant was involved in an accident and a person was injured
clearly violates the defendant's Sixth amendment right to a
jury trial as to the finding of that particular fact.
4)Argument in Support: According to Santa Monica Spoke, "As you
are well aware the number of hit-and-run incidents in
California has grown to epidemic proportions in the past few
years. In the Los Angeles area alone we know there are about
20,000 hit-and-run traffic incidents each year. We have long
been in support of legislation to stiffen penalties for this
crime that we feel represents a symptom of disconnect to
humanity in our communities. Victims of hit-and-runs are not
limited to just other motor vehicle drivers, but in fact
pedestrians and bicyclists who's injuries are more severe or
life threatening as more venerable road users.
"Current penalties for hit-and-runs do not reflect the
seriousness of the crime nor act as an effective deterrent. It
is unconscionable for instance that, under current law, it is
possible for hit-and-run drivers who leave their injured
victims on the side of the road to enter plea bargain
agreements whereby they evade punishment and are able to
return to their normal lives like nothing happened.
"As a society we must ensuring hit-and-run drivers face
consequences for their reckless inhumane decision to flee the
scene of an collision. AB 2088 will increase roadway safety,
bring justice to victims, and deter others from committing
hit-and-run crimes."
5)Argument in Opposition: According to the American Civil
Liberties Union, "AB 2088 would require a court to either
immediately suspend the driving privileges of all defendants
who plead guilty or nolo contendere to a violation of Vehicle
Code section 20002 under circumstances specified by the bill,
or require the convicted driver to complete community service
as the court deems appropriate. We believe that this bill
unnecessarily removes a court's discretion to suspend a
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defendant's driver's privilege in appropriate circumstances.
"Specifically, AB 2088 would require courts to immediately
suspend, for six months, the driver's 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 Code 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 driver for
the vehicle was involved in an accident in which a person was
struck. (See Vehicle §§ 20001, 20002.) Alternatively, the
court must require the convicted driver to complete community
service as the court deems appropriate.
"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 the
defendant was involved in an accident in which a person was
struck. (Vehicle Code § 13201.) Likewise, courts already have
discretion to order community service as a term of probation.
(Penal Code § 1203.1, subd. (j).) By requiring courts to
immediately suspend drivers' privileges in all cases in which
a defendant is convicted of a violation of Vehicle section
20002 under the circumstances specified by the bill or
otherwise order the convicted driver to complete community
service, AB 2088 unnecessarily an improperly strips courts of
their discretion."
6)Prior Legislation:
a) AB 534 (Linder), of the 2015-2016 Legislative Session,
required 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. AB 534 failed passage in the
Assembly Public Safety Committee.
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b) AB 1532 (Gatto), of the 2013-2014 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.
c) AB 2337 (Linder), of the 2013-2014 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
American Motorcyclist Association
Crime Victims United of California
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs' Association
Walk and Bike Mendocino
West Hollywood Bicycle Coalition
Santa Monica Spoke
Streets Are For Everyone
Los Angeles Walks
Los Angeles County Bicycle Coalition
Forged By Fire Coalition
Opposition
American Civil Liberties Union
California Attorney for Criminal Justice
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California Public Defenders Association
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744