BILL ANALYSIS Ó AB 2227 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2227 (Waldron) - As Amended May 2, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Transportation | |15 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill 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 AB 2227 Page 2 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. FISCAL EFFECT: Cost to the DMV will exceed $1 million (MVA) for programming. This bill will require an update of a new violation code section to the DMV database allowing courts to report the new section electronically to DMV. COMMENTS: 1)Purpose. 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. 2)Background. Current law 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 AB 2227 Page 3 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. AB 2227 requires 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 Assembly Transportation Committee analysis made the following observation: "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." It is not clear what this bill will accomplish. AB 2227 Page 4 Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081