BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2337
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Linder
VERSION: 2/21/14
Analysis by: Erin Riches FISCAL: no
Hearing date: June 24, 2014
SUBJECT:
Driver's licenses: suspension and revocation: hit-and-run
accidents
DESCRIPTION:
This bill extends by one year the revocation period of an
individual's driver's license if he or she is convicted of a
hit-and-run accident in which another individual is killed or
seriously injured.
ANALYSIS:
Existing law requires a driver who is involved in an accident
resulting in 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,
including vehicle registration, to the occupant or occupants of
the other vehicle or vehicles and to law enforcement. The
driver must also produce his or 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 permanent, serious
injury or death of another individual shall be punished by two,
three, or four years in state prison or 90 days to one year in
county jail, a fine of between $1,000 and $10,000, or both.
Existing law further requires the Department of Motor Vehicles
AB 2337 (LINDER) Page 2
(DMV) to immediately revoke, for one year, the driver's license
of an individual who has been convicted of failing to stop at
the scene of an accident resulting in injury or death of another
individual.
This bill increases the driver's license revocation period from
one year to two years for an individual who is convicted of a
hit-and-run accident resulting in the death or injury of another
individual.
COMMENTS:
1.Purpose . The author states that approximately 20,000
hit-and-run traffic accidents occur in Los Angeles alone each
year. The AAA Foundation for Traffic Safety finds that
approximately 11% of all police-reported crashes involve at
least one driver who flees the scene. The foundation also
finds that nationally, nearly 15,000 people die annually in
hit-and-run crashes; approximately six in 10 fatally injured
victims are pedestrians. The author notes that hit-and-run
incidents in California have increased by 3% since last year
and that the ability to find and convict hit-and-run motorists
has been limited by strained resources, which have been
focused on higher priority crimes. The author states that by
increasing the driver's license revocation period for a
hit-and-run incident, this bill will help reduce the number of
hit-and-run incidents while prioritizing highway safety and
protecting victims.
2.The heart of the matter . Existing law requires fines, prison
time, and driver's license suspension for a driver convicted
of a hit-and-run accident where another individual is injured
or killed. This bill changes only the driver's license
penalty. The Peace Officers Research Association of
California, writing in support of the bill, states that
"Driving is a privilege, not a right. To maintain the ability
to exercise that privilege, Californians have specific
responsibilities, namely to stop at the scene of collisions
involving serious injuries and/or death, and obtaining valid
proof of financial responsibility before they should be
allowed to return to the roadway."
3.A moot point ? Existing law provides penalties of up to four
years in county jail or state prison for a driver convicted of
a hit-and-run incident resulting in injury to or death of
another individual. DMV must revoke the driver's license
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immediately upon receipt of a court record of conviction,
until the revocation period ends and the driver provides proof
of insurance and pays the reinstatement fee. Thus, the
driver's license revocation begins as or even before the
driver serves his or her jail or prison term. In effect,
then, this bill only applies to drivers convicted of
hit-and-run who receive jail or prison terms of less than two
years, as drivers who are in jail presumably do not have need
of a driver's license.
4.Double-referral . The Rules Committee has referred this bill
to both this committee and the Appropriations Committee.
Therefore, if this bill passes this committee, it will be
referred to the Appropriations Committee.
RELATED LEGISLATION:
AB 1532 (Gatto), also being heard by this committee today,
requires DMV to suspend the license for six months of an
individual who is convicted of a hit-and-run accident where
another individual was struck but not injured.
AB 184 (Gatto), Chapter 765, Statutes of 2013, extends the
statute of limitations to up to six years after a hit-and-run
accident that caused death or permanent, serious injury.
Assembly Votes:
Floor: 75-0
Trans: 15-0
AB 2337 (LINDER) Page 4
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 18,
2014.)
SUPPORT: Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen
California Bicycle Coalition
California Electric Bicycle Coalition
California State Sheriffs' Association
City of Thousand Oaks
Crime Victims United California
Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers
Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs Association
OPPOSED: None received.