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