BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2227


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          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.









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          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  








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               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  








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               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).)









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          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

          










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          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  








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            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  








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            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:  









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             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