BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2088 (Linder) - Vehicles: hit-and-run accidents: pleas ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 6, 2016 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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. AB 2088 (Linder) Page 1 of ? *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. AB 2088 (Linder) Page 2 of ? 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 AB 2088 (Linder) Page 3 of ? 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 AB 2088 (Linder) Page 4 of ? 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). -- END --