BILL ANALYSIS Ó
AB 2227
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Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 2227
(Waldron) - As Amended April 5, 2016
SUBJECT: Vehicles: license suspension and revocation:
punishment
SUMMARY: Modifies the penalties for a person who causes bodily
injury to another person while driving a motor vehicle with a
license suspended or revoked for specified
non-driving-under-the-influence (DUI)-related reckless driving
offenses. Specifically, this bill:
1)Makes it unlawful for a person driving a motor vehicle with a
license suspended or revoked for specified non-DUI-related
reckless driving offenses to do an act forbidden by law or
neglect a duty imposed by law in the driving of the vehicle
which causes bodily injury to a person other than the driver.
2)Specifies that an offense of the above is punishable with the
same minimum periods of imprisonment as if the person was
convicted of driving on a license suspended or revoked for
non-DUI-related reckless driving.
3)Makes other conforming changes to existing law.
EXISTING LAW:
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1)Provides that a person who drives a vehicle upon a highway in
willful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
2)Authorizes a court or the Department of Motor Vehicles to
revoke or suspend a person's driving privilege under certain
circumstances.
3)Prohibits a person from driving a motor vehicle at any time
when that person's driving privilege is suspended or revoked
for specified non-DUI-related reckless driving offenses, if
the person had knowledge of the suspension or revocation. A
first offense is punishable by imprisonment in county jail for
at least 5 days but less than 6 months and a fine of at least
$300 but not more than $1,000. A subsequent offense within 5
years of the first offense is punishable by imprisonment in
county jail for at least 10 days but less than 1 year and a
fine of at least $500 but less than $2,000.
4)Prohibits a person from driving a motor vehicle at any time
when that person's driving privilege is suspended or revoked
for specified DUI offenses, if the person had knowledge of the
suspension or revocation. A first offense is punishable by
imprisonment in county jail for at least 10 days but less than
6 months and a fine of at least $300 but not more than $1,000.
A subsequent offense within 5 years of the first offense is
punishable by imprisonment in county jail by at least 30 days
but less than 1 year and a fine of at least $500 but less than
$2,000; prohibits a person driving a motor vehicle with a
license suspended or revoked for the above specified DUI
driving offenses from doing an act or neglecting a duty
imposed by law in the driving of the vehicle which proximately
causes bodily injury to a person other than the driver.
Requires a person convicted for this offense to be imprisoned
in county jail and not be released upon work release,
community service, or other release program before the minimum
period of imprisonment specified in the above DUI-related
reckless driving prohibition is served. Further requires that
a person convicted of this offense who is granted probation
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serve at least the minimum time of imprisonment specified as a
term or condition of probation.
FISCAL EFFECT: Unknown
COMMENTS: Under existing law, a person can have their driving
privilege revoked or suspended for reckless driving or for DUI
offenses. If a person drives on a license suspended for a
DUI-related conviction, that person is subject to a set of
penalties, including a minimum of 10 days in jail for a first
offense and 30 days for a subsequent offense. If that person
commits an act or neglects a duty that results in someone else
sustaining bodily injury, the driver must serve the minimum
sentence associated with the initial
driving-on-a-suspended-license offense before being released on
a release program or on probation (10 days, in this instance).
AB 2227 would similarly require a person with a license
suspended for specified reckless driving offenses who commits an
act or neglects a duty that results in someone else sustaining
bodily injury to serve the minimum sentence associated with
their initial driving-on-a-suspended-license offense before
being released on a release program or on probation. Currently,
the minimum sentence for driving on a license suspended for a
non-DUI offense is 5 days for a first offense and 10 days for a
subsequent offense.
The author intends to 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, based on the Fatality Analysis Reporting System study
conducted by the United States Department of Transportation that
found one in five fatal crashes involves a driver who is
unlicensed or whose license is suspended, canceled, or revoked.
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An updated study conducted in 2012 collected state-wide data
from 2008-12, and found that fatal crashes caused by invalid
licensed drivers in California amounted to 716 out of the total
2,857 crashes during that period.
Committee concerns: It is unclear what, if anything, this bill
would achieve. Under existing law, a person who is convicted of
driving on a license suspended for a DUI offense would serve the
same minimum sentence as a person who drives on a license
suspended for the same offense but causes another person bodily
injury. Although the nature of the latter offense is clearly
more serious, the minimum penalties are the same. A person
cannot commit the latter offense without also committing the
former, by simple nature of the offense(s).
The same principle applies to this bill. A person cannot drive
on a license suspended for a non-DUI offense and cause another
person bodily injury (already a separate, distinct crime)
without also simply driving on a license suspended for a non-DUI
offense, injury or no injury (also already a separate, distinct
crime). Although it may make sense to ensure a minimum
punishment exists for offenders of that first crime, there is no
conceivable scenario wherein a person could be charged with
committing the first crime (driving on a suspended license and
causing injury) but not be able to also be charged with the
second crime (driving on a suspended license), which would have
the exact same minimum penalty.
This bill would not adjust the maximum penalties for any of the
crimes outlined above in any way, but would only set the minimum
penalties for some crimes as equal to crimes that a person would
already be able to be charged with. The practical outcome of
this adjustment appears to be miniscule.
Double referral: This bill passed out of the Assembly Public
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Safety Committee on March 29, 2016, with a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs Association
Opposition
None on file
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093