BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2673|
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THIRD READING
Bill No: AB 2673
Author: Bradford (D)
Amended: 5/6/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
ASSEMBLY FLOOR : 75-1, 5/15/14 - See last page for vote
SUBJECT : Civil compromise: hit and run
SOURCE : Los Angeles City Attorneys Office
DIGEST : This bill prohibits civil compromise in criminal
cases in which a driver has left the scene of an accident
resulting in the injury or death of another person without
stopping his/her vehicle.
ANALYSIS : Existing law:
1.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
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exceed six months, or by a fine not to exceed $1,000, or by
both a fine and imprisonment.
2.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 for16 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. (Vehicle Code Section 20001(a) and (b).)
3.States when the person injured by an act constituting a
misdemeanor has a remedy by a civil action, the offense may be
compromised, as provided in existing law, as specified.
This bill prohibits civil compromise in criminal cases in which
a driver has left the scene of an accident resulting in the
injury or death of another person without stopping his/her
vehicle.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/18/14)
Los Angeles City Attorney's Office (source)
California District Attorney Association
OPPOSITION : (Verified 6/18/14)
California Public Defenders Association
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to Los Angeles City
Attorney's Office:
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Hit-and-run collisions have become a significant issue in
the City of Los Angeles over the last few years. While a
majority of hit-and-runs involve only vehicle and do not
result injuries or deaths, a significant number of
hit-and-runs involve pedestrians and bicyclists, who are
often injures as a result. Between 2007 and 2011, there
was an average of 22 severe or fatal hit-and run collisions
involving bicycles and 92 involving pedestrians each year.
While a hit-and-run is a serious offense, the current
penalties for this crime often do not work as an effective
deterrent or punishment.
Legislation addressing this issue would help public safety
officers and local district attorney's officers charged
with investigating and trying hit-and run cases to be more
effectively deal with those who commit hit-and runs. Many
of the misdemeanor hit-and-run cases that were filed in the
LA City Attorney's Office were resolved through the use of
civil compromise. Often the consequences agreed to under
civil compromise were no different than if a driver had not
left the scene after a collision.
Motorists that flee the scene of a traffic collision commit
a crime against the public as well against the other
motorist. If the other party to the accident was injured
as a result of the accident, the driver who fled should not
be allowed to enter into a civil compromise.
ARGUMENTS IN OPPOSITION : The California Public Defenders
Association notes that hit-and-run is exactly the type of case
that civil compromise is designed for stating:
Hit-and-run is a crime simply because that act makes it
harder to establish civil liability, the identity of those
involved, and to reach an effective resolution either
through the courts or through the intervention of insurance
companies. Case law has repeatedly held that fault for the
accident is not an issue in hit-and-run cases, and that a
faultless driver can nonetheless be prosecuted if he does
not stop and exchange information. Since hit-and-run is
all about enabling the civil liability process and the
civil compromise statutes (PC 1377-1378) are all about
washing out minor criminal actions that have a civil
liability counterpart, it should be apparent that civil
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compromise could not be more appropriate for any crime than
hit-and-run. Certainly, hit-and-run does not involve the
sort of attacks on public order or vulnerable victims that
are mentioned in the exclusions to civil compromise, and it
is rarely felonious.
If the defendant is convicted he may be ordered to pay
restitution, but if he is indigent the courts cannot
penalize him for not paying money that he doesn't have.
Indeed, lack of insurance and money is a common reason for
drivers to flee the scene of an accident. On the other
hand, if a defendant is motivated by the prospect of civil
compromise he can often come up with sources of funds, such
as loans from friends or family, that cannot be compelled
by a court. It must also be recognized that the defendant
does not get a "freebie" when he gets a civil compromise.
Not only does he have to pay the "full satisfaction" (i.e.
damages), but under the mandate of section 1378 he is
responsible for "payment of costs incurred," which many
courts consider to include court costs and prosecution
costs. Moreover, even without a conviction, the police
will report his involvement in an accident to the DMV
which, if "chargeable," will count as a point against his
driver's license and will affect the cost of his insurance.
Civil compromise was devised as a means to resolve minor
offenses that have a civil damages component in a way that
is cheaper for the courts, cheaper for the prosecution,
makes the victim whole quicker, and incentivizes the
defendant to pay sooner rather than later. Thus, the
process becomes a win - win - win - win situation that
benefits everyone.
ASSEMBLY FLOOR : 75-1, 5/15/14
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, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Linder, Logue, Lowenthal, Maienschein, Medina,
Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
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Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, Atkins
NOES: Levine
NO VOTE RECORDED: Allen, Gonzalez, Mansoor, Vacancy
JG:nl 6/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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