AB 2673, as amended, Bradford. Civil compromise: hit and run.
Existing law allows for the civil compromise ofbegin delete anend deletebegin insert aend insert misdemeanor offense if the person injured by the commission of the misdemeanor appears before the court and acknowledges that he or she has received satisfaction for the injury. On payment of the costs incurred, existing law allows the court to order all proceedings stayed and discharge the defendant from prosecution. Existing law prohibits civil compromise in certain cases, including, among others, cases involving domestic violence, elder abuse, and child abuse.
Existing law requires a driver of a vehicle involved in an accident resulting in the injury or death of another person to immediately stop the
vehicle at the scene of the accidentbegin delete and requires a driver of a vehicle involved in an accident resulting only in damage to property to immediately stop the vehicle at the nearest location that
will not impede traffic or jeopardize the safety of other motoristsend delete, among other requirements.
This bill would prohibit the civil compromise of a misdemeanor that was committed in violation of the abovebegin delete requirementsend deletebegin insert requirementend insert to stop the vehicle atbegin delete or nearend delete the scene of an accident.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1377 of the Penal Code is amended to
2read:
When the person injured by an act constituting a
4misdemeanor has a remedy by a civil action, the offense may be
5compromised, as provided in Section 1378, except when it is
6committed as follows:
7(a) By or upon an officer of justice, while in the execution of
8the duties of his or her office.
9(b) Riotously.
10(c) With an intent to commit a felony.
11(d) In violation of any court order as described in Section 273.6
12or 273.65.
13(e) By or upon any family or household member, or upon any
14person when the violation involves any person described in Section
156211 of the Family Code or subdivision (b) of Section 13700 of
16this code.
17(f) Upon an elder, in violation of Section 368 of this code or
18Section 15656 of the Welfare and Institutions Code.
19(g) Upon a child, as described in Section 647.6 or 11165.6.
20(h) In violation of subdivision (a) of Sectionbegin delete 20001 or begin insert 20001.end insert
21subdivision (a) of Section 20002 of the Vehicle Code.end delete
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