BILL ANALYSIS �
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THIRD READING
Bill No: AB 1532
Author: Gatto (D)
Amended: 6/26/14 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/24/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 74-4, 5/28/14 - See last page for vote
SUBJECT : Vehicle: hit-and-run accidents
SOURCE : Author
DIGEST : This bill establishes penalties for a hit-and-run
accident where a person is struck.
ANALYSIS :
Hit and run: injury or death
Existing law requires a driver who is involved in an accident
resulting in the injury or death of another individual to
immediately stop the vehicle at the scene of the accident. At
that time, the driver must provide specified information to the
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occupant or occupants of the other vehicle or vehicles and to
law enforcement. The driver must also produce his/her driver's
license or other identification upon request. Existing law
requires the driver to render reasonable assistance to any
injured individual. If another individual is killed in the
accident, and no law enforcement is present, the driver must
report the accident to the California Highway Patrol or to local
law enforcement.
Existing law provides that a driver who fails to stop when
involved in an accident resulting in the injury of another
individual shall be punished by up to one year in county jail or
state prison, a fine of between $1,000 and $10,000, or both.
Existing law provides that a driver who fails to stop when
involved in an accident resulting in the death or permanent,
serious injury of another individual shall be punished by two,
three, or four years in state prison; 90 days to one year in
county jail; a fine of between $1,000 and $10,000; or by both
imprisonment and a fine. Existing law authorizes the court to
reduce or eliminate the minimum imprisonment, fine, or both.
Existing law defines "permanent, serious injury" as the loss or
permanent impairment of function of a bodily member or organ.
Existing law requires the Department of Motor Vehicles (DMV) to
immediately revoke, for one year, the driver's license of an
individual convicted for failing to stop when involved in an
accident resulting in the injury or death of another individual.
Hit and run: property damage
Existing law requires a driver who is involved in an accident
resulting only in damage to any property, including vehicles, to
immediately stop the vehicle at the scene of the accident. At
that time, the driver must provide specified information to the
owner of the vehicle or property. The driver must also produce
his/her driver's license or other identification upon request.
The driver must leave in a conspicuous place on the vehicle or
other damaged property a written notice providing specified
information. Existing law also requires the driver to report
the accident to law enforcement.
Existing law provides that a driver who fails to stop when
involved in an accident resulting in property damage is guilty
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of a misdemeanor and shall be punished by imprisonment of up to
six months in county jail, a fine of up to $1,000, or both.
Existing law provides that a court may suspend for up to six
months a driver's license of an individual convicted of failing
to stop in an accident resulting in property damage. In lieu of
suspending the driver's license, the court may order restricted
driving privileges.
This bill provides that a driver, who fails to stop when
involved in an accident where an individual is struck, shall be
guilty of an infraction punishable by a fine not exceeding $250,
or a misdemeanor, punishable by up to six months in county jail,
a fine of up to $1,000, or both. This bill further requires DMV
to suspend the individual's driver's license for six months.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time DMV implementation costs of approximately $480,000,
primarily for significant programming changes that allow for
reporting of convictions by the courts, retaining convictions
on driver records, adding a violation point, providing for
license suspension and reinstatement, producing mailed
notices, and making other changes related to commercial
drivers. (Motor Vehicle Account)
Ongoing DMV workload costs and revenues from license
reinstatement fees are expected to be minor. (Motor Vehicle
Account)
SUPPORT : (Verified 8/18/14)
Alliance for Biking and Walking
Association for Los Angeles Deputy Sheriffs
Benjamin Franklin Elementary Foundation
California Alliance for Retired Americans
California Association of Highway Patrolmen
California Bicycle Coalition
California Fraternal Order of Police
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California Walks
Challenged Athletes Foundation
Circulate San Diego
Citizens for Law and Order
City and County of San Francisco
City of Los Angeles
Conor Lynch Foundation
Contra Costa County Board of Supervisors
Crime Victims Action Alliance
Cyclists Inciting Change thru Live Exchange
Finish the Ride
Inland Empire Biking Association
League of American Bicyclists
League of California Cities
Long Beach Police Officers Association
Los Angeles County Bicycle Coalition
Los Angeles County Deputy Probation Officers Union, AFSCME,
Local 865
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Los Angeles Walks
Marin County Bicycle Coalition
Missing Link Bicycle Cooperative
Napa County Bicycle Coalition
People Power of Santa Cruz County
Pomona Valley Bicycle Coalition
Project for Public Spaces
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs Association
Safe Routes to School National Partnership
San Luis Obispo County Bicycle Coalition
Santa Ana Police Officers Association
Silicon Valley Bicycle Coalition
Walk Bike Glendale
Walk San Francisco
West Hollywood Bicycle Coalition
ARGUMENTS IN SUPPORT : The author's office states that
hit-and-run accidents run rampant in cities such as Los Angeles.
A recent investigation by L.A. Weekly found that nearly 20,000
hit-and-run crashes - everything from fender-benders to multiple
fatalities - are recorded annually by the Los Angeles Police
Department. These incidents made up nearly half (48%) of all
vehicle crashes in 2009, compared to an average rate of just 11%
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nationwide. In a recent interview, Los Angeles Police
Department Chief Charlie Beck stated that, "a combination of new
laws, stiffer penalties, and increased awareness would lead
drivers to take greater responsibility for their actions." The
author's office states that this bill answers "this call to
action" by bringing greater penalties for the "cowardly crime"
of hit-and-run.
ASSEMBLY FLOOR : 74-4, 5/28/14
AYES: Achadjian, Alejo, Ammiano, Bigelow, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Pan,
Patterson, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, Atkins
NOES: Allen, Donnelly, Olsen, Wagner
NO VOTE RECORDED: Mansoor, Vacancy
JA:d 8/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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