BILL ANALYSIS �
AB 1532
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1532 (Gatto) - As Introduced: January 21, 2014
Policy Committee: Public
SafetyVote: 7-0
Transportation 13-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires DMV to suspend the driver's license of any
person convicted of hit-and-run in an accident where a person is
struck, but not injured, and the driver of the vehicle leaves
the scene of the accident without exchanging required
information, as specified.
FISCAL EFFECT
Assuming the author amends the bill to create a five-digit,
rather than a 6-digit code section to help address DMV
programming concerns, DMV indicates one-time programming costs
(Motor Vehicle Account) would be in the hundreds of thousands of
dollars, primarily for three programming positions to deal with
the intricacies of a system with numerous overlays, updates and
changes.
In addition, DMV indicates it would be difficult, if not
impossible, to accomplish the programming by Jan. 1, 2015, given
the many concurrent programming challenges, particularly AB 60,
Statutes of 2013, which authorizes DMV to issue a driver's
license to a person unable to submit proof that the applicant's
presence in the United States is authorized under federal law if
the applicant meets all other qualifications for licensure and
provides satisfactory proof to DMV, of identity and California
residency.
COMMENTS
1)Rationale . The author's intent is to protect vulnerable
AB 1532
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pedestrian, bicyclists, and motorcyclists from hit-and-run in
the wake of what the author has identified as an increasing
incidence of hit-and-run, particularly in Los Angeles. Current
law requires a driver's license suspension for hit-and-run
only if there is injury to another person. According to the
author, a mandatory driver's license suspension will force
more drivers to take responsibility when they strike another
person with their vehicle by creating a new category of
hit-and-run to bridge the most severe injury instances and
instances of property damage charge alone.
According to the author, "This bill will provide justice for
those victims of hit-and-run whose perpetrators often get off
with little or no punishment for no reason other than that the
victim's injuries were not deemed serious enough. The fact
remains that a person was struck, major injury or not."
2)Current Law .
a) Requires DMV to immediately suspend a driver's license
for a conviction of the following offenses:
i) Failure of the driver involved in an accident
resulting in injury or death to stop and comply, as
specified.
ii) A felony in which a motor vehicle is used, as
specified.
iii) Reckless driving causing bodily injury.
a) Requires a driver involved in an accident resulting in
injury or death to another person to immediately stop, as
specified. Failure to comply is punishable by 16 months,
two, or three years in state prison, or up to one year in
county jail and/or a fine of up to $10,000. If the
accident results in death or serious injury, the offense is
punishable by two, three, or four years in state prison, or
up to one year in county jail, and/or a fine of up to
$10,000.
b) Requires a driver involved in an accident resulting in
property damage to immediately stop and exchange
information, as specified, or leave specified information
in a conspicuous place on the vehicle or other damaged
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property. Failure to comply is punishable by up to six
months in county jail and/or a fine of up to $1,000.
1)The author may wish to clarify the definition of "struck."
As the author's intent is to protect vulnerable pedestrians
and cyclists, clarifying the definition of "where a person is
struck but not injured" would reduce the potential incidence
of mandatory driver's license suspension for hit-and-run
situations in which a person is in a vehicle but is uninjured.
2)Support . Los Angeles Walks states, "AB 1532 would begin the
long process of better aligning penalties for hit-and-run with
the severity of the crime. There are basic duties associated
with having the privilege to operate a motor vehicle. There
is a duty of care, a duty to abide by the vehicle code and a
duty to stop and render aid in the event of a collision.
Drivers that do not respect these basic duties do not deserve
to maintain their driving privileges. We urge the Legislature
to restore the notion that driving is a privilege, and that
abusing that privilege will result in losing it."
3)Opposition . The California Public Defenders Association
contends this bill is unnecessary and that law enforcement
will not pursue license suspensions for non-injury accidents.
"Existing law already covers situations where a driver is
involved in an accident resulting in either injury or property
damage. A person cannot however, be held criminally liable for
acts or events of which he was unaware. There must be a noise,
an impact, or some other indicator which places the driver on
notice that he has been in an accident. An alleged accident
with a pedestrian that is so minor that it causes no injury is
unlikely to produce such an indicator that the accident has in
fact occurred."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081