BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2088 (Linder) - Vehicles:  hit-and-run accidents:  pleas
          
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          |Version: June 6, 2016           |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill does not meet the criteria for referral to the  
          Suspense File. 

          Bill  
          Summary:  AB 2088 would, commencing January 1, 2018, require the  
          court to immediately suspend the driving privilege for a period  
          of six months or order the completion 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 for, or in  
          satisfaction of, the charge of hit and run resulting in injury  
          or death.


          Fiscal  
          Impact:  
            Programming changes  :  One-time implementation costs to the  
            Department of Motor Vehicles (DMV) of approximately $110,000  
            (Special Fund*), primarily for programming changes that allow  
            for reporting of convictions by the courts, retaining  
            convictions on driver records, providing for license  
            suspension and reinstatement, producing mailed notices, and  
            making other changes. Ongoing DMV workload costs and revenues  
            from license reinstatement fees are expected to be minor.
            Trial courts  :  Negligible fiscal impact.







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          *Motor Vehicle Account


          Background:  Existing law requires the driver of any vehicle involved in an  
          accident resulting in damage to any property, including a  
          vehicle, to immediately stop the vehicle and exchange  
          information, as specified, or leave in a conspicuous place on  
          the vehicle or other property damaged written notice given 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 for up to six  
          months, a fine of up to $1,000, or by both imprisonment and the  
          fine. (Vehicle Code (VC) § 20002.)
          Existing law requires the driver of any vehicle involved in an  
          accident resulting in injury or death of any person to  
          immediately stop the vehicle at the scene of the accident and to  
          fulfill specified requirements. For accidents resulting in  
          injury, the failure to comply is punishable by imprisonment in  
          the state prison for 16 months, two years, or three years, or by  
          imprisonment in county jail for up to one year, by a fine of not  
          less than $1,000 nor more than $10,000, or by both a fine and  
          imprisonment. For accidents resulting in the death of a person,  
          the failure to comply is punishable by imprisonment in 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 that  
          imprisonment and fine. The court, in the interests of justice  
          and for reasons stated in the record, may reduce or eliminate  
          the minimum imprisonment. (VC § 20001.)


          Existing law authorizes a court to 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:


           Failure of the driver of a vehicle involved in an accident in  
            which property is damaged to stop and exchange specified  
            information.
           Reckless driving proximately causing bodily injury to a  
            person, as specified.
           Failure of the driver of a vehicle to stop at a railway grade  
            crossing, as specified.








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           Evading or fleeing from a peace officer, as specified, in a  
            motor vehicle or upon a bicycle.
           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. (VC § 13201.)

          Under existing law, the DMV is required to immediately revoke  
          the driving privileges of a person convicted of any of the  
          following crimes or offenses and shall not reinstate the  
          privilege revoked until the expiration of one year after the  
          date of revocation and until the person whose privilege was  
          revoked gives proof of financial responsibility:



           Failure of the driver of a vehicle involved in an accident  
            resulting in injury or death to a person to stop and exchange  
            specified information.

           A felony in the commission of which a motor vehicle is used,  
            except as specified.

           Reckless driving causing bodily injury. (VC § 13350 (a).)


          Proposed Law:  
           This bill provides that if the prosecution agrees to a plea of  
          guilty or nolo contendere to a charge of fleeing the scene of an  
          accident (VC § 20002) in satisfaction of or substitution for a  
          charge of fleeing the scene of an accident resulting in injury  
          or death (VC § 20001), the prosecution 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. Additionally, this bill:
                 Provides that the prosecution's statement shall occur  
               prior to the defendant's waiver of the right to a jury  
               trial.
                 Requires the judge to inform the defendant of the  
               specified consequences before accepting the defendant's  
               plea of guilty.
                 Provides that if the court accepts the defendant's plea  
               under the above circumstances and the prosecutor's  
               statement stipulates or does not contest the fact that the  








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               defendant was driving the vehicle that caused the injury,  
               the court shall immediately issue an order to impose one of  
               the following consequences:
               o      Suspend the convicted driver's privilege to operate  
                 a motor vehicle for a period of six months.
               o      Restrict the convicted driver's privilege to operate  
                 a motor vehicle to necessary travel to and from that  
                 person's place of employment and for work, if driving is  
                 necessary, for not more than six months.
               o      Require the convicted driver to complete community  
                 service as the court deems appropriate.
                 Provides the provisions of the bill become operative on  
               January 1, 2018.


          Related  
          Legislation:  AB 534 (Linder) 2015 would have 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. This  
          bill failed passage in the Assembly Committee on Public Safety.

          AB 1532 (Gatto) 2014 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. This bill was  
          vetoed by the Governor with the following message:


          I am returning Assembly Bill 1532 without my signature.  
          California has a very extensive set of criminal laws and  
          penalties. This measure would create a new crime that includes a  
          fine and penalty assessments up to $4,231 and possible jail time  
          of six months. I don't find sufficient justification for  
          creating a new crime when no injury to person or property  
          occurred. I think current law is adequate.


          AB 2337 (Linder) 2014 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  








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          accident resulting in injury or death without exchanging  
          required identification information. This bill was vetoed by the  
          Governor.




          Staff  
          Comments:  The DMV has indicated one-time programming costs of  
          $110,000 (Motor Vehicle Account) to implement the provisions of  
          this measure by January 1, 2018. 
          The Judicial Council does not anticipate a significant fiscal  
          impact to trial court operations associated with the mandatory  
          judicial advisement and specified court orders. 


          Staff notes that under current law, courts already have within  
          their discretion the ability to suspend for six months, the  
          driving privilege of any defendant convicted of a violation of  
          VC § 20002 - regardless of whether a defendant was involved in  
          an accident where a person was injured (VC § 13201). 




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