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
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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