BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2088


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          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                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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                                                                    AB 2088


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          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  








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               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:








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             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  








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            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  








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          offenders, protect victims, and create greater highway safety."




          Analysis Prepared by:                                             
                          Gregory Pagan/ PUB. S. / (916) 319-3744  FN:  
          0002796