BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2227


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2227 (Waldron) - As Amended May 2, 2016


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          |             |Transportation                 |     |15 - 0       |
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          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


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          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


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            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


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          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081