BILL ANALYSIS Ó AB 2088 Page 1 ASSEMBLY THIRD READING AB 2088 (Linder) As Amended April 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-2 |Melendez, Lackey, |Jones-Sawyer, Quirk | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |15-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Wood | | | | | | | | | | | | ------------------------------------------------------------------ AB 2088 Page 2 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. The prosecution's statement shall occur prior to the defendant's waiver of the right to a jury trial. The judge shall inform the defendant of the consequences of the plea. 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 statement that the driver of the vehicle was involved in an accident where a person was struck is not contested, or the defendant stipulates to that fact, the court shall immediately impose one of the following orders: a) Suspend the convicted driver's privilege to operate a motor vehicle for a period of six months; b) Restrict the convicted driver's 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 scope of 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 paragraph, the person shall AB 2088 Page 3 be required to maintain proof of financial responsibility; and, c) 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. 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: AB 2088 Page 4 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. 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. 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. 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 AB 2088 Page 5 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. 6)Provides that every person convicted of vandalism or affixing 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor absorbable costs to the trial courts and DMV. COMMENTS: 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 AB 2088 Page 6 offenders, protect victims, and create greater highway safety." Analysis Prepared by: Gregory Pagan/ PUB. S. / (916) 319-3744 FN: 0002796