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