BILL NUMBER: AB 2468	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 24, 2012

   An act to amend Sections 2800.1, 2800.2, 2800.3, and 2800.4 of the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2468, as introduced, Knight. Vehicles: fleeing a peace officer.

   Existing law makes it either a misdemeanor or a felony, depending
on specified circumstances, for a person operating a motor vehicle to
willfully flee or otherwise attempt to elude a pursuing peace
officer's vehicle or bicycle under certain conditions.
   This bill would increase the penalty for a person operating a
motor vehicle who willfully flees or otherwise attempts to elude a
pursuing peace officer's vehicle or bicycle under the specified
conditions, if the person is on parole, postrelease supervision,
postrelease community supervision, or probation for a felony, or who
is a defendant serving a specified sentence.
   By adding to the elements of an offense to increase punishment,
thereby imposing new proof requirements, the bill would impose a
state-mandated local program.
   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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2800.1 of the Vehicle Code is amended to read:
   2800.1.  (a)  Any   Except as provided in
subdivision (c), a    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 for not more than one year 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   Except as provided in subdivision
(c), a  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
punishable by imprisonment in a county jail for not more than one
year 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. 
   (c) A person who violates subdivision (a) or (b) while on parole,
postrelease supervision, postrelease community supervision pursuant
to Section 3451 of the Penal Code, or probation for a felony, or is a
defendant serving a sentence pursuant to subdivision (h) of Section
1170 of the Penal Code, shall be punished by imprisonment in state
prison for 16 months, or two or three years. 
  SEC. 2.  Section 2800.2 of the Vehicle Code is amended to read:
   2800.2.  (a)  If   Except as provided in
subdivision (c), i   f  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.
   (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. 
   (c) A person who violates subdivision (a) while on parole,
postrelease supervision, postrelease community supervision pursuant
to Section 3451 of the Penal Code, or probation for a felony, or who
is a defendant serving a sentence pursuant to subdivision (h) of
Section 1170 of the Penal Code, shall be punished by imprisonment in
the state prison for two, three, or four years. 
  SEC. 3.  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 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, five, or seven years, by imprisonment
in a 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.
   (b) Whenever willful flight or attempt to elude a pursuing peace
officer in violation of Section 2800.1 proximately causes death to a
person, the person driving the pursued vehicle, upon conviction,
shall be punished by imprisonment in the state prison for a term of
4, 6, or 10 years.
   (c) Nothing in this section shall preclude the imposition of a
greater sentence pursuant to Section 190 of the Penal Code or any
other provisions of law applicable to punishment for an unlawful
death.
   (d) For the 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. 
   (e) A person who commits a felony violation of subdivision (a) or
(b) while on parole, postrelease supervision, postrelease community
supervision pursuant to Section 3451 of the Penal Code, or probation
for a felony, or who is a defendant serving a sentence pursuant to
subdivision (h) of Section 1170 of the Penal Code, shall be subject
to a penalty enhancement of two years in state prison which shall be
served consecutive to any other term imposed by the court. 
  SEC. 4.  Section 2800.4 of the Vehicle Code is amended to read:
   2800.4.   Whenever   (a)   
 Except as provided in subdivision (b), if  a person
willfully flees or attempts to elude a pursuing peace officer in
violation of Section 2800.1, and the person operating the pursued
vehicle willfully drives that vehicle on a highway in a direction
opposite to that in which the traffic lawfully moves upon that
highway, the person upon conviction is punishable by imprisonment for
not less than six months nor more than one year in a county jail or
by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code, or by a fine of not less than one thousand dollars
($1,000) nor more than ten thousand dollars ($10,000), or by both
that fine and imprisonment. 
   (b) A person who violates subdivision (a) while on parole,
postrelease supervision, postrelease community supervision pursuant
to Section 3451 of the Penal Code, or probation for a felony, or who
is a defendant serving a sentence pursuant to subdivision (h) of
Section 1170 of the Penal Code, shall be punished by imprisonment in
state prison for two, three, or four years. 
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.