AB 2088: Vehicles: hit-and-run accidents: pleas.

Existing law requires the driver of a vehicle involved in an accident involving either injury to a person other than the driver, or the death of a person, to immediately stop and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law requires the Department of Motor Vehicles to immediately revoke the driving privileges of a person convicted of a violation of that provision.

Existing law requires the driver of a vehicle involved in an accident involving only damage to property, or a person who parks a vehicle that becomes a runaway vehicle and damages property, to stop, as applicable, and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law authorizes a court to suspend the driving privileges of a person convicted of a violation of that provision for not more than 6 months.

This bill would, commencing January 1, 2018, require a prosecutor who agrees to accept a plea of guilty or nolo contendere from a defendant for a charge of a violation of the latter provision described above in satisfaction of, or as a substitute for, a charge for a violation of the former provision to state on the record whether or not the accident in which the defendant was involved was one in which another person was injured. The bill would require the prosecutors statement to occur prior to the defendants waiver of the right to a jury trial. If the prosecution states for the record that the accident in which the defendant was involved was one in which another person was injured, the bill would require the judge to inform the defendant of the consequences described below. If the defense admits that another person was injured in the accident or stipulates to the prosecutions statement and the defendant waives his or her right to a jury trial as to that fact, the bill would require the court, upon accepting the defendants plea of guilty or nolo contendere, to order the suspension of the defendants driving privileges for a period of 6 months, the restriction of the defendants driving privileges to employment purposes only, as specified, for no more than 6 months, or completion of community service, as the court deems appropriate. By changing the penalty for a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.