BILL NUMBER: SB 1015 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Romero
FEBRUARY 22, 2005
An act to amend Section 13955 of the Government Code, to amend
Sections 667.5, 1192.7, and 13519.8 of the Penal Code, to amend
Sections 2800.1, 2800.2, 2800.3, and 17004.7 of, and to add Sections
1666.1, 2911, and 17005 to, the Vehicle Code, relating to vehicle
pursuits, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1015, as introduced, Romero. Vehicle pursuits.
Existing law provides for compensation to crime victims, as
specified, from the Restitution Fund, a continuously appropriated
fund.
This bill would include as qualifying as a crime victim for those
purposes, injury or death caused by any party where a peace officer
is operating a motor vehicle in an effort to apprehend a suspect, and
the suspect is evading, fleeing, or otherwise attempting to elude
the peace officer.
By expanding the uses of a continuously appropriated fund, this
bill would make an appropriation.
Existing law, as amended by initiative, provides for sentencing
enhancements for certain crimes categorized as "serious felonies."
Existing law permits amendment of these provisions by a 2/3 vote of
the Legislature.
This bill would add to the list of serious felonies, the offense
of willful flight or attempt to elude a pursuing peace officer, while
operating a motor vehicle, and causing death or serious injury, as
specified.
By amending provisions of an initiative statute, this bill would
require a 2/3 vote of the Legislature.
Existing law, as amended by initiative, provides for sentencing
enhancements for certain crimes categorized as "violent felonies."
Existing law permits amendment of these provisions by a 2/3 vote of
the Legislature.
This bill would add to the list of violent felonies, the offenses
of willful flight or attempt to elude a pursuing peace officer, while
operating a motor vehicle, or doing the same with willful or wanton
disregard for the safety of persons or property, as specified.
By amending provisions of an initiative statute, this bill would
require a 2/3 vote of the Legislature.
Existing law requires the Commission on Peace Officer Standards
and Training to implement a course or courses of instruction for the
training of law enforcement officers in the handling of high-speed
vehicle pursuits and to develop uniform, minimum guidelines for
adoption by California law enforcement agencies for response to
high-speed vehicle pursuits, as specified. Existing law provides that
adoption and implementation of a pursuit policy with those
guidelines as a minimum for the agency's pursuit policy is
discretionary.
This bill would make adoption and implementation of a pursuit
policy, as specified, mandatory for law enforcement agencies.
By imposing additional duties on local law enforcement agencies,
this bill would impose a state-mandated local program.
Existing law specifies certain content for examinations for a
driver's license.
This bill would require the Department of Motor Vehicles to
include at least one question in each test of an applicant's
knowledge and understanding to verify that the applicant has an
understanding of the risks and punishments associated with eluding a
pursuing peace officer's motor vehicle.
Existing law provides that any person who, while operating a motor
vehicle and with the intent to evade, willfully flees or otherwise
attempts to elude a pursuing peace officer's motor vehicle, and
certain conditions exist, is guilty of a misdemeanor.
This bill would increase the punishment for a violation to
imprisonment in a county jail not exceeding one year, or in the state
prison. The bill would also provide that any person who violates
those provisions and who has a prior conviction for violating those
provisions would be punishable as a felony.
By increasing the burden on local jail facilities and on local
prosecutors, this bill would impose a state-mandated local program.
Existing law provides that if a person flees or attempts to elude
a pursuing peace officer, as specified, and the pursued vehicle is
driven in a willful or wanton disregard for the safety of persons or
property, the person driving the vehicle, upon conviction, shall be
punished by imprisonment in the state prison, or by confinement in
the county jail for not less than 6 months nor more than one year.
The court may also impose a fine of not less than $1,000 nor more
than $10,000, or may impose both that imprisonment or confinement and
fine.
This bill would increase the penalty to imprisonment in the state
prison for 3, 5, or 7 years, and would eliminate the provisions
authorizing imposition of a fine.
By increasing the burden on local prosecutors, this bill would
impose a state-mandated local program.
Existing law provides that whenever willful flight or attempt to
elude a pursuing peace officer, as specified, proximately causes
death or serious bodily injury to any person, the person driving the
pursued vehicle, upon conviction, shall be punished by imprisonment
in the state prison for 3, 4, or 5 years, by imprisonment in the
county jail for not more than one year, or by a fine of not less than
$2,000 nor more than $10,000, or by both that fine and imprisonment.
This bill would increase the penalty to imprisonment in the state
prison for 5, 7, or 9 years, and would eliminate the provisions
authorizing imposition of a fine.
By increasing the burden on local prosecutors, this bill would
impose a state-mandated local program.
Existing law establishes the California Traffic Safety Program, to
include state and local programs, as specified.
This bill would require all traffic safety programs that receive
state funds and that include public awareness campaigns involving
emergency vehicle operations to include in public awareness campaign,
information on the risks to public safety of peace officer motor
vehicle pursuits, and the penalties that may result from evading a
peace officer.
Existing law provides that any public agency employing peace
officers which adopts a written policy on vehicular pursuits, as
specified, shall be immune from liability for civil damages for
personal injury to or death of any person or damage to property
resulting from the collision of a vehicle being operated by an actual
or suspected violator of the law who is being, has been, or believes
he or she is being or has been, pursued by a peace officer employed
by the public entity in a motor vehicle. Existing law makes adoption
of a vehicle pursuit policy pursuant to these provisions
discretionary.
This bill would make adoption and training pursuant to a vehicle
pursuit policy mandatory, as specified, and would expand the items to
be addressed by the policy, thereby imposing a state-mandated local
program.
This bill would also provide that in all situations where a peace
officer is operating a motor vehicle in an effort to apprehend a
suspect and the suspect is evading, fleeing, or otherwise attempting
to elude the peace officer, the suspect would be strictly liable for
the personal injury or death of any person, or damage to any
property, resulting from the suspect's attempt to avoid capture.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13955 of the Government Code is amended to
read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:(a) The person for whom compensation is being sought is any of
the following:
(1) A victim.
(2) A derivative victim.
(3) A person who is entitled to reimbursement for funeral, burial,
or crime scene cleanup expenses pursuant to subdivision (i) of
Section 13957.
(b) Either of the following conditions is met:
(1) The crime occurred within the State of California, whether or
not the victim is a resident of the State of California. This
paragraph shall apply only during those time periods during which the
board determines that federal funds are available to the State of
California for the compensation of victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the State of California.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in California.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of California, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (c) of Section 192 or Section 192.5 of the
Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 261, 262, 271, 273a, 273d, 285, 286, 288, 288a, 288.5,
or 289, or subdivision (b) or (c) of Section 311.4, of the Penal
Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.9, inclusive.
SEC. 2. Section 667.5 of the Penal Code is amended to read:
667.5. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:(a) Where one of the
new offenses is one of the violent felonies specified in subdivision
(c), in addition to and consecutive to any other prison terms
therefor, the court shall impose a three-year term for each prior
separate prison term served by the defendant where the prior offense
was one of the violent felonies specified in subdivision (c).
However, no additional term shall be imposed under this subdivision
for any prison term served prior to a period of 10 years in which the
defendant remained free of both prison custody and the commission of
an offense which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence is imposed, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term served for
any felony; provided that no additional term shall be imposed under
this subdivision for any prison term served prior to a period of five
years in which the defendant remained free of both prison custody
and the commission of an offense which results in a felony
conviction.
(c) For the purpose of this section, "violent felony" shall mean
any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(4) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.
(5) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
(6) Lewd acts on a child under the age of 14 years as defined in
Section 288.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7 or 12022.9 on or after July
1, 1977, or as specified prior to July 1, 1977, in Sections 213,
264, and 461, or any felony in which the defendant uses a firearm
which use has been charged and proved as provided in Section 12022.5
or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) The offense defined in subdivision (a) of Section 289 where
the act is accomplished against the victim's will by force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person.
(12) Attempted murder.
(13) A violation of Section 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit mayhem, rape, sodomy, or
oral copulation, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section
288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) A violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
(24) A violation of Section 2800.3 of the Vehicle Code.
The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence to display
society's condemnation for these extraordinary crimes of violence
against the person.
(d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. The additional penalties provided for prior
prison terms shall not be imposed unless they are charged and
admitted or found true in the action for the new offense.
(e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison.
(f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison if the
defendant served one year or more in prison for the offense in the
other jurisdiction. A prior conviction of a particular felony shall
include a conviction in another jurisdiction for an offense which
includes all of the elements of the particular felony as defined
under California law if the defendant served one year or more in
prison for the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from incarceration.
(h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Director of Corrections is
incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in
state prison.
(k) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
SEC. 3. Section 1192.7 of the Penal Code is amended to read:
1192.7. (a) Plea bargaining in any case in which the indictment
or information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.(b) As used in this section "plea
bargaining" means any bargaining, negotiation, or discussion between
a criminal defendant, or his or her counsel, and a prosecuting
attorney or judge, whereby the defendant agrees to plead guilty or
nolo contendere, in exchange for any promises, commitments,
concessions, assurances, or consideration by the prosecuting attorney
or judge relating to any charge against the defendant or to the
sentencing of the defendant.
(c) As used in this section, "serious felony" means any of the
following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, threat of great bodily
injury, or fear of immediate and unlawful bodily injury on the victim
or another person; (5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and
unlawful bodily injury on the victim or another person; (6) lewd or
lascivious act on a child under the age of 14 years; (7) any felony
punishable by death or imprisonment in the state prison for life; (8)
any felony in which the defendant personally inflicts great bodily
injury on any person, other than an accomplice, or any felony in
which the defendant personally uses a firearm; (9) attempted murder;
(10) assault with intent to commit rape or robbery; (11) assault with
a deadly weapon or instrument on a peace officer; (12) assault by a
life prisoner on a noninmate; (13) assault with a deadly weapon by an
inmate; (14) arson; (15) exploding a destructive device or any
explosive with intent to injure; (16) exploding a destructive device
or any explosive causing bodily injury, great bodily injury, or
mayhem; (17) exploding a destructive device or any explosive with
intent to murder; (18) any burglary of the first degree; (19) robbery
or bank robbery; (20) kidnapping; (21) holding of a hostage by a
person confined in a state prison; (22) attempt to commit a felony
punishable by death or imprisonment in the state prison for life;
(23) any felony in which the defendant personally used a dangerous or
deadly weapon; (24) selling, furnishing, administering, giving, or
offering to sell, furnish, administer, or give to a minor any heroin,
cocaine, phencyclidine (PCP), or any methamphetamine-related drug,
as described in paragraph (2) of subdivision (d) of Section 11055 of
the Health and Safety Code, or any of the precursors of
methamphetamines, as described in subparagraph (A) of paragraph (1)
of subdivision (f) of Section 11055 or subdivision (a) of Section
11100 of the Health and Safety Code; (25) any violation of
subdivision (a) of Section 289 where the act is accomplished against
the victim's will by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
(26) grand theft involving a firearm; (27) carjacking; (28) any
felony offense, which would also constitute a felony violation of
Section 186.22; (29) assault with the intent to commit mayhem, rape,
sodomy, or oral copulation, in violation of Section 220; (30)
throwing acid or flammable substances, in violation of Section 244;
(31) assault with a deadly weapon, firearm, machinegun, assault
weapon, or semiautomatic firearm or assault on a peace officer or
firefighter, in violation of Section 245; (32) assault with a deadly
weapon against a public transit employee, custodial officer, or
school employee, in violation of Sections 245.2, 245.3, or 245.5;
(33) discharge of a firearm at an inhabited dwelling, vehicle, or
aircraft, in violation of Section 246; (34) commission of rape or
sexual penetration in concert with another person, in violation of
Section 264.1; (35) continuous sexual abuse of a child, in violation
of Section 288.5; (36) shooting from a vehicle, in violation of
subdivision (c) or (d) of Section 12034; (37) intimidation of victims
or witnesses, in violation of Section 136.1; (38) criminal threats,
in violation of Section 422; (39) any attempt to commit a crime
listed in this subdivision other than an assault; (40) any violation
of Section 12022.53; (41) a violation of subdivision (b) or (c) of
Section 11418; and (42) any conspiracy to commit an offense described
in this subdivision ; (43) any felony conviction for violation
of Section 2800.1 of the Vehicle Code; (44) any violation of Section
2800.2 of the Vehicle Code .
(d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
As used in this subdivision, the following terms have the
following meanings:
(1) "Bank" means any member of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other
banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the
Federal Deposit Insurance Corporation.
(2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
(3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union administration.
(e) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.
SEC. 4. Section 13519.8 of the Penal Code is amended to read:
13519.8. (a) The commission shall implement, on or before
November 1, 1994, a course or courses of instruction for the training
of law enforcement officers in the handling of high-speed vehicle
pursuits and shall also develop uniform, minimum guidelines for
adoption by California law enforcement agencies for response to
high-speed vehicle pursuits. The guidelines and course of instruction
shall stress the importance of vehicle safety and protecting the
public at all times, include a regular assessment of law enforcement'
s vehicle pursuit policies, practices, and training, and recognize
the need to balance the known offense and the need for immediate
capture against the risks to officers and other citizens of a
high-speed pursuit. These guidelines shall be a
resource for each executive to use in the creation of a specific
policy the agency will adopt that reflects the needs of the agency
and the jurisdiction it serves, and current law. As used in
this section, "law enforcement officer" includes any peace
officer or employee of a local police or sheriff'
s department or the California Highway Patrol , or of any other
law enforcement agency authorized by law to conduct vehicular
pursuits .
(b) The course or courses of basic training for law enforcement
officers and the guidelines shall include adequate consideration of
each of the following subjects:
(1) When to initiate a pursuit.
(2) The number of involved law enforcement units permitted.
(3) Responsibilities of primary and secondary law enforcement
units.
(4) Driving tactics.
(5) Helicopter assistance.
(6) Communications.
(7) Capture of suspects.
(8) Termination of a pursuit.
(9) Supervisory responsibilities.
(10) Blocking, ramming, boxing, and roadblock procedures.
(11) Speed limits.
(12) Interjurisdictional considerations.
(13) Conditions of the vehicle, driver, roadway, weather, and
traffic.
(14) Hazards to uninvolved bystanders or motorists.
(15) Reporting and postpursuit analysis.
(c) All law enforcement officers who have received their basic
training before January 1, 1995, shall participate in supplementary
training on high-speed vehicle pursuits, as prescribed and certified
by the commission.
Local law
Law enforcement agencies are encouraged to
shall include, as part of their advanced officer
training program, periodic updates and training on high-speed
vehicle pursuit. The commission shall assist where possible.
(d) The course or courses of instruction, the learning and
performance objectives, the standards for the training, and the
guidelines shall be developed by the commission in consultation with
appropriate groups and individuals having an interest and expertise
in the field of high-speed vehicle pursuits. The groups and
individuals shall include, but not be limited to, law enforcement
agencies, police academy instructors, subject matter experts, and
members of the public.
The commission, in consultation with these groups and individuals,
shall review existing training programs to determine the ways in
which high-speed pursuit training may be included as part of ongoing
programs.
(e) It is the intent of the Legislature that all local
law enforcement agencies adopt the minimum guidelines on high-speed
vehicle pursuit developed by the commission. Every law
enforcement agency shall adopt and implement a pursuit policy with
these guidelines as a minimum for the agency's pursuit policy.
SEC. 5. Section 1666.1 is added to the Vehicle Code, to read:
1666.1. The department shall include at least one question in
each test, as administered under Section 12804.9, of an applicant's
knowledge and understanding of this code to verify that the applicant
has an understanding of the risks and punishments associated with
eluding a pursuing peace officer's motor vehicle.
SEC. 6. Section 2800.1 of the Vehicle Code is amended to read:
2800.1. (a) Any person who, while operating a motor vehicle and
with the intent to evade, willfully flees or otherwise attempts to
elude a pursuing peace officer's motor vehicle, is guilty of
a misdemeanor punishable by imprisonment in a county
jail not exceeding one year, or in the state prison, if all of
the following conditions exist:(1) The peace officer's motor vehicle
is exhibiting at least one lighted red lamp visible from the front
and the person either sees or reasonably should have seen the lamp.
(2) The peace officer's motor vehicle is sounding a siren as may
be reasonably necessary.
(3) The peace officer's motor vehicle is distinctively marked.
(4) The peace officer's motor vehicle is operated by a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, and that peace officer is
wearing a distinctive uniform.
(b) Any person who violates subdivision (a) and who has a
prior conviction for violating subdivision (a) is punishable as a
felony.
(c) Any person who, while operating a motor
vehicle and with the intent to evade, willfully flees or otherwise
attempts to elude a pursuing peace officer's bicycle, is guilty of a
misdemeanor if the following conditions exist:
(1) The peace officer's bicycle is distinctively marked.
(2) The peace officer's bicycle is operated by a peace officer, as
defined in paragraph (4) of subdivision (a), and that peace officer
is wearing a distinctive uniform.
(3) The peace officer gives a verbal command to stop.
(4) The peace officer sounds a horn that produces a sound of at
least 115 decibels.
(5) The peace officer gives a hand signal commanding the person to
stop.
(6) The person is aware or reasonably should have been aware of
the verbal command, horn, and hand signal, but refuses to comply with
the command to stop.
SEC. 7. Section 2800.2 of the Vehicle Code is amended to read:
2800.2. (a) If a person flees or attempts to elude a pursuing
peace officer in violation of Section 2800.1 and the pursued vehicle
is driven in a willful or wanton disregard for the safety of persons
or property, the person driving the vehicle, upon conviction, shall
be punished by imprisonment in the state prison , or by
confinement in the county jail for not less than six months nor more
than one year. The court may also impose a fine of not less than one
thousand dollars ($1,000) nor more than ten thousand dollars
($10,000), or may impose both that imprisonment or confinement and
fine for three, five, or seven years .(b) For
purposes of this section, a willful or wanton disregard for the
safety of persons or property includes, but is not limited to,
driving while fleeing or attempting to elude a pursuing peace officer
during which time either three or more violations that are assigned
a traffic violation point count under Section 12810 occur, or damage
to property occurs.
SEC. 8. Section 2800.3 of the Vehicle Code is amended to read:
2800.3. (a) Whenever willful flight or
attempt to elude a pursuing peace officer in violation of Section
2800.1 proximately causes death or serious bodily injury to any
person, the person driving the pursued vehicle, upon conviction,
shall be punished by imprisonment in the state prison for
three, four, or five years, by imprisonment in the county jail for
not more than one year, or by a fine of not less than two thousand
dollars ($2,000) nor more than ten thousand dollars ($10,000), or by
both that fine and imprisonment five, seven, or nine
years . (b) For purposes of this section,
"serious bodily injury" has the same meaning as defined in paragraph
(4) of subdivision (f) of Section 243 of the Penal Code.
SEC. 9. Section 2911 is added to the Vehicle Code, to read:
2911. All traffic safety programs that receive state funds and
that include public awareness campaigns involving emergency vehicle
operations should include in public awareness campaign, information
on the risks to public safety of peace
officer motor vehicle pursuits, and the penalties that
may result from evading a peace officer.
SEC. 10. Section 17004.7 of the Vehicle Code is amended to read:
17004.7. (a) The immunity provided by this section is in addition
to any other immunity provided by law. The adoption of a
policy by a public agency pursuant to this section is discretionary
Every public agency that employs peace officers to
drive emergency vehicles and authorizes vehicle pursuits shall
develop, adopt, and provide training for, a policy meeting the
requirements set forth in subdivision (c) .(b) A public agency
employing peace officers which adopts a written policy on , and
provides training for, vehicular pursuits complying
with subdivision (c) is immune from liability for civil damages for
personal injury to or death of any person or damage to property
resulting from the collision of a vehicle being operated by an actual
or suspected violator of the law who is being, has been, or believes
he or she is being or has been, pursued by a peace officer employed
by the public entity in a motor vehicle.
(c) If the public entity has adopted a A
policy for the safe conduct of vehicular pursuits by peace
officers , it shall meet all of the following
minimum standards:
(1) It provides that, if available, there be supervisory control
of the pursuit.
(2) It provides procedures for designating the primary pursuit
vehicle and for determining the total number of vehicles to be
permitted to participate at one time in the pursuit.
(3) It provides procedures for coordinating operations with other
jurisdictions.
(4) It provides guidelines for determining when the interests of
public safety and effective law enforcement justify a vehicular
pursuit and when a vehicular pursuit should not be initiated or
should be terminated.
(1) Provide procedures for determining under what circumstances to
initiate a pursuit.
(2) Provide for the determination of the total number of law
enforcement vehicles authorized to participate in a pursuit.
(3) Provide procedures for determining the types, roles, and
responsibilities of participating law enforcement units.
(4) Provide procedures for determining communications procedures
and responsibilities.
(5) Require supervisory control of the pursuit, if available, and
specify supervisory responsibilities.
(6) Provide guidelines for appropriate driving tactics, including
consideration of vehicle capabilities, road conditions, weather,
other traffic, and pedestrians.
(7) Provide guidelines for the use of authorized pursuit
intervention techniques.
(8) Provide procedures for the use of available air support.
(9) Provide guidelines for ongoing assessment of the risks of
continuing a pursuit, and procedures for the termination of a
pursuit. Termination considerations shall include procedures for
identified suspects when later apprehension is possible,
circumstances requiring special safety considerations, including
school zones, and procedures for when a pursued vehicle's location is
no longer definitely known.
(10) Provide procedures to facilitate effective coordination,
management, and control of interjurisdictional pursuits.
(11) Provide guidelines for postpursuit responsibilities and
coordination.
(12) Provide for reporting and postpursuit analysis as required by
Section 14602.1.
(13) Provide for annual policy reviews.
(d) A determination of whether a public agency has complied
with subdivision (b) or whether a policy adopted pursuant to
subdivision (c) complies with that subdivision is a question of law
for the court.
SEC. 11. Section 17005 is added to the Vehicle Code, to read:
17005. In all situations where a peace officer is operating a
motor vehicle in an effort to apprehend a suspect and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer,
the suspect shall be strictly liable for the personal injury or
death of any person, or damage to any property, resulting from the
suspect's attempt to avoid capture.
SEC. 12.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution for certain costs that
may be incurred by a local agency or school district because, in that
regard, this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution. However,
if the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.