Amended in Senate June 26, 2014

Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1532

Introduced by Assembly Member Gatto

(Coauthors: Assembly Members Bloom, Gorell, Lowenthal, Maienschein, and Ting)

January 21, 2014

An act to add Section 20005 to the Vehicle Code, relating to accidents.

LEGISLATIVE COUNSEL’S DIGEST

AB 1532, as amended, Gatto. Vehicle: accidents.

Existing law requires a driver involved in an accident resulting only in damage to property to, among other things, immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. A violation of these provisions is a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $1,000, or both.

This bill would provide that a driver of a vehicle involved in an accident where a person is struck begin delete but not injured, end delete shall immediately stop the vehicle at the scene of the accident and provide specified information including, but not limited to, his or her name and current residence address. A violation of these provisions would be begin insert either an infraction, punishable by a fine not exceeding $250, or end insert a misdemeanor begin insert , end insert punishable by imprisonment in the county jail for 6 months, or by a fine not exceeding $1,000, or by both, and the Department of Motor Vehicles would be required to immediately suspend the driver’s license of a convicted driver for 6 months.

Because these changes would have the effect of expanding the scope of an existing crime, this 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 20005 is added to the Vehicle Code, to
read:

20005.  

(a) The driver of a vehicle involved in an accident
where a person is struck begin delete but not injured end delete shall immediately stop the
vehicle at the scene of the accident, and shall also give his or her
name, current residence address, the names and current residence
addresses of any occupant of the driver’s vehicle injured in the
accident, the registration number of the vehicle he or she is driving,
and the name and current residence address of the owner to the
person struck and the driver or occupants of any vehicle collided
with, and shall give the information to any traffic or police officer
at the scene of the accident.

(b) A driver or injured occupant of a driver’s vehicle subject to
the provisions of subdivision (a) shall also, upon being requested,
exhibit his or her driver’s license, if available, or, in the case of
an injured occupant, any other available identification, to the person
struck or the driver or occupants of any vehicle collided with, and
to any traffic or police officer at the scene of the accident.

(c) A person failing to comply with all the requirements of this
section is guilty of begin insert an infraction or end insert begin delete a misdemeanor and, upon
conviction thereof, shall end delete begin insert misdemeanor. end insert

begin insert (1) end insert begin insert   end insert begin insert Upon conviction of an infraction for a violation of
subdivision (c), a person shall be punished by a fine not exceeding
two hundred fifty dollars ($250). end insert

begin insert (2) end insert begin insert   end insert begin insert Upon conviction of a misdemeanor for a violation of
subdivision (c), a person shall end insert be punished by imprisonment in
the county jail not exceeding six months, or by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and
fine.

(d) In addition to the punishment in subdivision (c), the
Department of Motor Vehicles shall immediately suspend the
driver’s license of the convicted driver for six months.

SEC. 2.  

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.