BILL ANALYSIS Ó
AB 2227
Page 1
Date of Hearing: March 29, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2227 (Waldron) - As Introduced February 18, 2016
As Proposed to be Amended in Committee
SUMMARY: Makes it a misdemeanor when an individual drives with
a license suspended or revoked for specified reckless driving
offenses, and causes bodily injury to a person other than the
driver, as specified. Specifically, this bill:
1)Makes it a misdemeanor to drive with a license suspended or
revoked for reckless driving causing injury, as specified, and
to proximately cause bodily injury to a person other than the
driver, when engaging in an act forbidden by law, or
neglecting a duty imposed by law in the driving of the
vehicle.
2)Specifies that such a crime is punishable with the same
minimum periods of imprisonment as if the person was convicted
of driving on a license suspended for conviction of reckless
driving causing injury. A five day minimum county jail
imprisonment on a first offense; and a 10 day minimum county
jail imprisonment if the offense occurs within five years of
specified prior convictions.
3)Conforms other sections of the Vehicle Code.
AB 2227
Page 2
EXISTING LAW:
1)States that it is unlawful for a person, while driving a
vehicle with a license suspended or revoked for a conviction
of a DUI to do an act forbidden by law or neglect a duty
imposed by law in the driving of the vehicle, which act or
neglect proximately causes bodily injury to a person other
than the driver. (Veh. Code, § 14601.4, subd. (a).)
2)Specifies that a person convicted of the conduct specified
above, shall not be released upon work release, community
service, or other release program before the minimum period of
imprisonment, as specified (10 or 30 days), is served. (Veh.
Code, § 14601.4, subd. (b).)
3)States that when the prosecution agrees to a plea to the
conduct specified above, or as a substitute for such conduct,
except in the interest of justice, when the court finds it
should be inappropriate, the court shall require the person
convicted to install a certified ignition interlock device on
a vehicle that the person owns or operates for a period not to
exceed three years. (Veh. Code, § 14601.4, subd. (c).)
4)Prohibits a person from driving a motor vehicle when his or
her driving privilege is suspended or revoked for any reason
other than those listed in other sections related to driving
on a suspended license for non-alcohol related reasons if the
person so driving has knowledge of the suspension or
revocation. (Veh. Code, § 14601.1, subd. (a).)
5)States that "knowledge" of driving on a suspended license
shall be conclusively presumed if mailed notice has been given
by the DMV to the person pursuant to existing law. The
presumption established by this subdivision is a presumption
affecting the burden of proof. (Veh. Code, § 14601.1, subd.
(a).)
6)Provides any person convicted under this section shall be
punished as follows:
a) Upon a first conviction, by imprisonment in the county
jail for not more than six months; by a fine of not less
AB 2227
Page 3
than $300 or more than $1,000; or by both that fine and
imprisonment; or (Veh. Code, § 14601.1, subd. (b)(1).)
b) If the offense occurred within five years of a prior
offense which resulted in a conviction of a violation of
this section or Vehicle Code Section 14601, 14601.2, or
14601.5, by imprisonment in the county jail for not less
than five days or more than one year and by a fine of not
less than $500 or more than $2,000. (Veh. Code, § 14601.1,
subd. (b)(2).)
7)Allows an otherwise prohibited person from driving a motor
vehicle which is owned or utilized by the person's employer
during the course of employment on private property which is
owned or utilized by the employer except an off-street parking
facility as defined in existing law. (Veh. Code, § 14601.1,
subd. (c).)
8)States when the prosecution agrees to a plea of guilty or no
contest to a charge of a violation of this section in
satisfaction of, or as a substitute for, an original charge of
a violation of driving on a suspended license when the
suspension is based on a DUI, and the court accepts that plea,
except, in specified circumstances, the court shall require
the person convicted, in addition to any other requirements,
to install a certified Ignition Interlock Device (IID) on any
vehicle that the person owns or operates for a period not to
exceed three years. (Veh. Code, § 14601.1, subd. (d).)
9)Prohibits a person from driving a motor vehicle at any time
when that person's driving privilege is suspended or revoked
for a conviction of a DUI violation if the person so driving
has knowledge of the suspension or revocation. (Veh. Code, §
14601.2(d).)
10)States any person convicted of a violation of this section
shall be punished as follows:
a) Upon a first conviction, by imprisonment in the county
jail for not less than 10 days or more than six months and
by a fine of not less than $300 or more than $1,000 unless
the person has been designated an habitual traffic
AB 2227
Page 4
offender; in which case, the person, in addition, shall be
sentenced pursuant to laws relating to habitual traffic
offenders. (Veh. Code, § 14601.2, subd. (d)(1).)
b) If the offense occurred within five years of a prior
offense that resulted in a DUI conviction when the offense
is not based on a DUI, by imprisonment in the county jail
for not less than 30 days or more than one year and by a
fine of not less than $500 or more than $2,000 unless the
person has been designated a habitual traffic offender and
sentenced pursuant to that law. (Veh. Code, § 14601.2,
subd. (d)(1).)
11)Specifies that if a person is convicted of a first offense
under this section and is granted probation, the court shall
impose as a condition of probation that the person be confined
in the county jail for at least 10 days. (Veh. Code, §
14601.2, subd. (e).)
12)Provides if the offense occurred within five years of a prior
offense that resulted in a conviction of driving on a
suspended license, as specified, and is granted probation, the
court shall impose as a condition of probation that the person
be confined in the county jail for at least 30 days. (Veh.
Code, § 14601.2, subd. (f).)
13)Provides if any person is convicted of a second or subsequent
offense that results in a conviction of this section within
seven years, but over five years, of a prior offense that
resulted in a conviction of a violation of driving on a
suspended license, as specified, and is granted probation, the
court shall impose as a condition of probation that the person
be confined in the county jail for at least 10 days. (Veh.
Code, § 14601.2, subd. (e).)
14)Specifies that it is a misdemeanor to drive a motor vehicle
at any time when that person's driving privilege is suspended
or revoked for specified reckless driving offenses or because
of a determination as a negligent operator, as specified, if
the person so driving has knowledge of the suspension or
revocation. (Veh. Code, § 14601, subd. (a).)
AB 2227
Page 5
15)States that a person convicted for such a misdemeanor shall
be punished as follows:
a) Upon a first conviction, by imprisonment in a county
jail for not less than five days or more than six months
and by a fine of not less than three hundred dollars or
more than one thousand dollars; (Veh. Code, § 14601, subd.
(b)(1).)
b) If the offense occurred within five years of a prior
offense that resulted in a conviction of a violation of
this section, or other specified suspended license
offenses, by imprisonment in a county jail for not less
than 10 days or more than one year and by a fine of not
less than five hundred dollars or more than two thousand
dollars; or (Veh. Code, § 14601, subd. (b)(2).)
c) If the offense occurred within five years of a prior
offense that resulted in a conviction of a violation of
this section, or other specified suspended license
offenses, and is granted probation, the court shall impose
as a condition of probation that the person be confined in
a county jail for at least 10 days. (Veh. Code, § 14601,
subd. (b)(3).)
16)Allows a peace officer to impound a vehicle for 30 days when
the peace officer determines that a person was driving a
vehicle while his or her driving privilege was suspended or
revoked. (Veh. Code, § 14602.6, subd. (a)(1).)
17)Specifies that a vehicle is subject to forfeiture if it is
driven by a driver with a suspended or revoked license, or by
an unlicensed driver, who is a registered owner of the vehicle
at the time of impoundment and has a previous conviction for
specified offenses of driving on a suspended license. (Veh.
Code, § 14607.6.)
FISCAL EFFECT: Unknown
AB 2227
Page 6
COMMENTS:
1)Author's Statement: According to the author, "AB 2227 will
strengthen and broaden existing provisions for penalties for a
person driving a vehicle with a suspended or revoked license
who causes bodily injury to another person in a collision.
"The Fatality Analysis Reporting System (FARS) study conducted
by the U.S. Department of Transportation found that one in
five fatal crashes involves a driver who is unlicensed or
whose license is suspended, canceled, or revoked. An updated
study conducted in 2012 collected state-wide data from
2008-2012, and found that fatal crashes by invalid licensed
drivers in California amounted to 716 out of the total 2,857
crashes during that period.
"Currently, California's driving on a suspended license offense
is a misdemeanor crime that subjects offenders to possible
county jail time and substantial fines. This crime is treated
differently depending on why a license was suspended or
revoked in the first place. Despite the law, two-thirds of
offenders still continue to drive while under suspension.
"This bill makes causing bodily harm to a person while driving
with a suspended or revoked license for reckless driving a
misdemeanor. This bill is important for public safety as these
dangerous drivers should not be on the road."
2)Unlicensed Drivers and Fatal Accidents: In 2011, AAA
released a study of data and made the following findings:
From years 2007 through 2009, 12.8% of all drivers involved in
fatal crashes-approximately one of every eight-lacked a valid
driver's license. Nearly one in five fatal crashes (18.2%)
over this period involved an unlicensed or invalidly licensed
driver. These crashes resulted in 21,049 deaths. (Unlicensed
to Kill, AAA, November, 2011, pp. 13.)
The same AAA study examined the data regarding likelihood of an
invalidly licensed driver to leaving the scene of an accident.
The study found that most unlicensed and invalidly licensed
drivers involved in fatal crashes did not leave the scene of
the crash. However, invalidly licensed drivers were much more
AB 2227
Page 7
likely than validly licensed drivers to have left the scene.
Among drivers with reasonable opportunity to leave the scene,
drivers with an expired, cancelled, or denied license were 6.4
times as likely to flee, drivers with a suspended or revoked
license were 8.3 times as likely to flee, and unlicensed
drivers were 9.4 times as likely to flee, compared to validly
licensed drivers. (Unlicensed to Kill, AAA, November, 2011,
pp. 13-14.)
3)Impoundment or Forfeiture of Vehicle if Driver has a Suspended
License: Individuals driving on a suspended license face
impoundment or forfeiture of their vehicle in addition to the
consequences directly related to criminal charges. Under
existing law, a person driving on a suspended license can have
their vehicle impounded for 30 days, or even forfeited if the
driver has a prior conviction for driving on a suspended
license.
The following Vehicle Code Sections allow for impoundment and
forfeiture, respectively:
Allows a peace officer to impound a vehicle for 30 days when the
peace officer determines that a person was driving a vehicle
while his or her driving privilege was suspended or revoked.
(Veh. Code, § 14602.6, subd. (a)(1).)
Specifies that a vehicle is subject to forfeiture if it is
driven by a driver with a suspended or revoked license, or by
an unlicensed driver, who is a registered owner of the vehicle
at the time of impoundment and has a previous conviction for
specified offenses of driving on a suspended license. (Veh.
Code, § 14607.6.)
4)As Proposed to be Amended in Committee: Proposed amendments
to be taken in committee make it a misdemeanor to drive with a
license suspended for specified reckless driving offenses and
cause bodily injury to a person other than the driver, as
specified. Proposed amendments delete language raising the
maximum penalty from misdemeanor to felony.
5)Argument in Support: According to The California Police
Chiefs Association, "Under existing law, it is unlawful for a
AB 2227
Page 8
person, while driving a vehicle with a license suspended or
revoked for conviction of a violation of driving under the
influence of alcohol or drugs to do an act forbidden by law or
neglect a duty imposed by law in the driving of the vehicle,
which act or neglect proximately causes bodily injury to a
person other than the driver.
"AB 2227 provides a more substantial consequence for suspended
drivers that continue to drive and cause an injury."
6)Argument in Opposition: According to The California Public
Defenders Association, "This bill would expand section 14601.4
by making it applicable to the act of causing bodily injury
while driving in violation of 14601, as well as while driving
in violation of 14601.2. More importantly, this bill would
change this misdemeanor offense into a wobbler.
"Driving under the influence is a dangerous act, and individuals
who injure people by driving while impaired should be
punished. Driving while your license is suspended is criminal
only by operation of law, but it is not inherently dangerous.
If a former drunk driver or a former reckless driver drives
and causes injury to another by acts that are not drunken or
reckless, then(s) he is being punished for a status offense;
that is, the status of having his license suspended. The acts
(s)he commits while driving that lead to the injury of another
need not be even criminal, and if committed by another without
a suspended license may be treated as a mere traffic accident
or a civil tort action. His or her culpability is not
sufficiently increased to justify a felony penalty.
"Not only is the penalty disproportionate to the crime, but the
penalty causes the additional unnecessary expenses to the
state that are inherent in felony prosecution and felony
imprisonment. New felonies and the severe costs they incur
should not be created unless the crimes created involve high
"malum in se" culpability and present a severe public safety
threat. This bill is an unnecessary overreach and cannot
justify the costs it would require."
7)Prior Legislation:
AB 2227
Page 9
a) AB 430 (Benoit), Chapter 682, Statutes of 2007, made
cross-referencing amendments to various Vehicle Code
sections to reflect changes made to reckless driving and
engaging in a motor vehicle speed contest that proximately
causes great bodily injury.
b) AB 486 (Parra), of 2003-2004 Legislative Session, would
have increased penalties for specified offenses for driving
with a suspended license. AB 486 was held in Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs
Opposition
California Public Defenders Association
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744