BILL ANALYSIS �
AB 2673
Page 1
GOVERNOR'S VETO
AB 2673 (Bradford)
As Amended May 6, 2014
2/3 vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
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|ASSEMBLY: |75-1 |(May 15, 2014) |SENATE: |37-0 |(August 28, |
| | | | | |2014) |
| | | | | | |
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SUMMARY : Prohibits civil compromise in criminal cases in which
a driver has left the scene of an accident resulting in injury
to another person, or death of another person without stopping
his or her vehicle.
EXISTING LAW :
1)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, except when the
offense is committed as follows:
a) By or upon an officer of justice, while in the execution
of the duties of his or her office.
b) Riotously.
c) With an intent to commit a felony.
d) In violation of any court order as described in existing
law relating to domestic violence.
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e) By or upon any family or household member, or upon any
person when the violation involves any person described in
the Family Code.
f) Upon an elder, in violation of provisions of law
prohibiting elder abuse.
g) Upon a child, as prohibited in statutes relating to
annoying or molesting a child.
2)Provides if the person injured appears before the court in
which the action is pending at any time before trial, and
acknowledges that he has received satisfaction for the injury,
the court may, in its discretion, on payment of the costs
incurred, order all proceedings to be stayed upon the
prosecution, and the defendant to be discharged therefrom; but
in such case, the reasons for the order must be set forth
therein and entered on the minutes. The order is a bar to
another prosecution for the same offense.
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
AB 2673
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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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "There has been a growing
hit-and-run epidemic across the state. This trend has been more
pronounce in the Los Angeles area. The Los Angeles Police
Department recently reported that roughly 20,000 hit-and-run
collisions are reported annually in the City of Los Angeles.
"These incidents made up an astonishing 48% of all vehicle
crashes in 2009, compared to an average rate of just 11%
nationwide.
"Of those, only about 20% or 4,000 of these incidents are
successfully investigated and presented for prosecution.
Because so few offenders are actually caught, it is important to
create a real deterrent. We must do what we can to remove the
incentive to flee.
"AB 2673 would remove the option of civil compromises from
motorists who flee the scene of a traffic collision involving
bodily injury. Motorists who drive away after hurting someone
should not be allowed to simply write a check when finally
caught.
"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."
Please see the policy committee analysis for a full discussion
of this bill.
GOVERNOR'S VETO MESSAGE :
AB 2673
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"The author intends to prohibit a victim of a hit-and-run
accident from settling the case through civil remedies in lieu
of prosecution. With trial courts facing severe backlogs, I am
not inclined to eliminate a means for parties to settle their
disputes outside the criminal court system."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744 FN: 0005690