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