BILL ANALYSIS
AB 509
Page 1
ASSEMBLY THIRD READING
AB 509 (Anderson)
As Amended April 2, 2009
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Solorio, Hagman, | | |
| |Furutani, Gilmore, Hill, | | |
| |Ma, Skinner | | |
| | | | |
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SUMMARY : Revises definitions of offenses relating to fleeing
from a peace officer in a motor vehicle. Specifically, this
bill :
1)Defines "willful or wanton disregard for the safety of
persons" separately from the provision relating to "willful or
wanton disregard for the safety of property."
2)Eliminates the codified definition of "willful or wanton
disregard for the safety of persons."
EXISTING LAW :
1)States that if a person flees or eludes a peace officer's
pursuing vehicle and the pursued vehicle is driven in a
willful or wanton disregard for the safety of persons or
property, the person 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. Provides that the
court may also impose a fine of not less than $1,000 nor more
than $10,000 or may impose both the fine and imprisonment.
2)States that "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 assigned a
traffic violation point occur, as specified, or damage to
property occurs.
3)Provides that when a person flees a pursuing police vehicle,
knowing that his or her conduct endangers the life of another
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person and nonetheless acts deliberately with conscious
disregard for life and causes a collision resulting in death,
that person is guilty of second-degree murder, punishable by
15-years-to-life in state prison, unless the victim is a
police officer in the performance of his or her duty and that
fact was, or should have been, known to the person, in which
case the punishment is 25-years-to-life in state prison.
4)Provides that willfully evading a peace officer and thereby
causing death or serious bodily injury is punishable by
imprisonment in the state prison for three, four or five
years; by imprisonment in the county jail for not more than
one year; by a fine of $2,000 to $10,000; or, by both that
fine and imprisonment.
5)Defines "serious bodily injury" as a serious impairment of
physical condition including, but not limited to, loss of
consciousness, concussion, bone fracture, protracted loss or
impairment of function of any bodily member or organ, a wound
requiring extensive suturing, and serious disfigurement.
6)States that a person who causes the death of another person by
driving a vehicle in the commission of an unlawful act not
amounting to a felony and with gross negligence is punishable
by either imprisonment in the county jail for not more than
one year or by imprisonment in the state prison for two, four,
or six years.
7)States that a person who causes the death of another person by
driving a vehicle in the commission of an unlawful act not
amounting to a felony but without gross negligence is
punishable by imprisonment in the county jail for not more
than one year.
FISCAL EFFECT : None
COMMENTS : According to the author, "I introduced Assembly Bill
509 as a public safety measure for families to whom justice has
been denied because of confusion in the law. In my county of
San Diego alone, three murder convictions - horrible
circumstances in each - have been overturned because of this
loophole. Those who take innocent human lives when fleeing
arrest by law enforcement should be held responsible not let out
through a loophole. And so, in this and every case, the code
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must speak clearly and consistently for the sake of efficient
prosecution and fair punishment."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000303