BILL ANALYSIS Ó
AB 2088
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GOVERNOR'S VETO
AB
2088 (Linder)
As Enrolled August 30, 2016
2/3 vote
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|ASSEMBLY: |76-2 |(May 16, 2016) |SENATE: |39-0 |(August 17, |
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|ASSEMBLY: |78-2 |(August 23, | | | |
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Original Committee Reference: PUB. S.
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.
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The Senate amendments require the defendant to admit or
stipulate that a person was injured in the accident and waive
his or her right to a jury trial as to that fact in order for
the court to impose increased punishment.
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 her hours of school attendance or
employment.
AS PASSED BY THE ASSEMBLY, this bill:
1)Provided 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)Stated 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
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defendant stipulates to that fact, the court shall immediately
impose one of the following orders:
a) Suspended the convicted driver's privilege to operate a
motor vehicle for a period of six months;
b) Restricted 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
be required to maintain proof of financial responsibility;
and,
c) Required the convicted driver to complete community
service as the court deems appropriate.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)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.
2)Trial courts: Negligible fiscal impact.
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*Motor Vehicle Account
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
offenders, protect victims, and create greater highway safety."
Please see the policy committee analysis for a full discussion
of this bill.
GOVERNOR'S VETO MESSAGE:
I am returning Assembly Bill 2088 without my signature.
This bill mandates a six month license suspension or
restriction, or an appropriate period of community service, for
any person who pleads guilty or nolo contendere to hit and run
with property damage if the plea is in satisfaction of a charge
of hit and run resulting in injury or death.
The prescriptive mandates contained in this bill dealing with
one specific plea bargain scenario unnecessarily constrain
judicial discretion-each sanction contemplated by this measure
is already available to the court.
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Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0005140