BILL ANALYSIS Ó
AB 2088
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2088 (Linder) - As Amended April 13, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill 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.
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FISCAL EFFECT:
Minor absorbable costs to the trial courts and DMV.
COMMENTS:
1)Background. Current law provides a court may suspend, for up
to six months, the privilege of a person to operate a motor
vehicle upon conviction of any of several offenses, including
failure of a driver involved in an accident where property is
damaged to stop and exchange specified information
Current law 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, and/or by a fine of not less than $1,000 nor more
than $10,000. 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.
2)Purpose. 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
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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."
Court discretion. This bill 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. However, current law
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. Also, the court may impose any condition of
probation reasonably related to the offense and aimed at
discouraging such conduct in the future. Arguably, the
imposition of a period of community service would be
considered a valid condition of probation and well within the
courts discretion. Therefore, AB 2088 reduces existing court
discretion.
3)Support: According to Santa Monica Spoke, "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
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like nothing happened."
4)Opposition: The American Civil Liberties Union is concerned
AB 2088 unnecessarily removes a court's discretion to suspend
a defendant's driver's privilege in appropriate circumstances.
5)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.
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, he thought the current law
was adequate.
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, he considered the current penalties to be at the
appropriate level.
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Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081