BILL ANALYSIS �
AB 1532
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1532 (Gatto)
As Amended June 26, 2014
Majority vote
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|ASSEMBLY: |74-4 |(May 28, 2014) |SENATE: |35-0 |(August 20, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that the driver of a vehicle involved in an
accident where a person is struck, and the driver of the vehicle
leaves the scene of the accident without exchanging required
information, is guilty of an alternate misdemeanor/infraction,
and requires that the person's privilege to operate a motor
vehicle to be suspended for a period of six months.
The Senate amendments make the offense of a driver leaving the
scent of an accident where a person is struck by a vehicle
punishable as an alternate misdemeanor/infraction, and delete
the requirement that the person struck sustain an injury.
EXISTING LAW :
1)Provides that a court may suspend, for not more than six
months, the privilege of a person to operate a motor vehicle
upon conviction of any of the following offenses:
a) Failure of a driver involved in an accident, where
property is damaged, to stop and exchange specified
information;
b) Reckless driving proximately causing bodily injury;
c) Failure of a driver to stop at a railroad crossing as
required;
d) Evading or fleeing from a peace officer in a motor
vehicle or upon a bicycle; and,
e) Knowingly causing or participating in a vehicular
collision, or any other vehicular accident, for the purpose
of presenting or causing to be presented any false or
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fraudulent insurance claim.
2)States that the Department of Motor Vehicles (DMV) immediately
shall revoke the privilege of a person to operate a motor
vehicle upon receipt of a duly certified abstract of the
record of a court showing that the person has been convicted
of any of the following crimes or offenses:
a) Failure of the driver of a vehicle involved in an
accident resulting in injury or death to stop or otherwise
comply, as specified;
b) A felony in which a motor vehicle is used, except as
specified; and,
c) Reckless driving causing bodily injury.
3)Provides that the driver of any vehicle involved in an
accident resulting in damage to any property, including
vehicle, shall immediately stop the vehicle and exchange
information, as specified, or leave in a conspicuous place on
the vehicle or other property damaged written notice giving
the name and address of the driver of the vehicle involved,
and the failure to comply with these requirements is a
misdemeanor punishable by imprisonment in a county jail not to
exceed six months, or by a fine not to exceed $1,000, or by
both a fine and imprisonment.
4)Requires the driver of any vehicle involved in an accident
resulting in injury to any person, other than himself or
herself, or in the death of any person shall immediately stop
the vehicle at the scene of the accident and shall fulfill
specified requirements, and the failure to comply is a
punishable by imprisonment in the state prison for 16 months,
two, or three years or, by imprisonment in a county jail not
to exceed one year, or by a fine of not less than $1,000 nor
more than $10,000, or by both a fine and imprisonment. If the
accident results in death or permanent, serious injury, the
offense is punishable by imprisonment in the state prison for
two, three, or four years, or in a county jail for not less
than 90 days nor more than one year, or by a fine of not less
than $1,000 nor more than $10,000, or by both a fine and
imprisonment.
5)Provides that a person who flees the scene of the crime after
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committing vehicular manslaughter with gross negligence or
vehicular manslaughter while intoxicated, upon conviction for
that offense, in addition and consecutive to the punishment
prescribed, shall be punished by an additional term of
imprisonment of five years in the state prison. Existing law
provides that this additional term shall not be imposed unless
the allegation is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of
fact.
FISCAL EFFECT : According the Senate Appropriations Committee:
1)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)
2)Ongoing DMV workload costs and revenues from license
reinstatement fees are expected to be minor. (Motor Vehicle
Account)
COMMENTS : According to the author, "There has been a growing
hit-and-run epidemic across the state. Nowhere has it run more
rampant than the Los Angeles area. 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 an astonishing 48% of all vehicle crashes in
2009, compared to an average rate of just 11% nationwide. In
spite of steps taken by government to curb this epidemic, the
situation has not been getting any better, with reports of new
hit-and-runs coming at least once, sometimes twice a week.
"AB 1532 will force more drivers to take responsibility when
they strike another person with their vehicle. It will do so by
creating a new category of hit-and-run that is in between the
most severe instances (in which people are killed or maimed) and
the hit-and-run: property damage charge (which is often a slap
on the wrist). This measure would provide that if a driver is
charged with the latter and someone was struck, then the driver
would lose his or her driver's license for six months upon being
found guilty.
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"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. A driver should always stop upon
striking another person with their vehicle, if for no other
reason than to determine the extent of injuries suffered. This
bill will force drivers to take responsibility for their actions
and provide real consequences, the loss of driving privileges,
when they don't."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005003