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 a 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 a 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 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 the defendant was involved in an accident in which a person was struck. This bill would require the court to immediately suspend the convicted persons driving privileges for a period of 6 months if the court accepts the plea and the prosecutors statement states that a person was struck in connection with the accident. By changing the penalty for a crime, this 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.

Date of Hearing: April 28, 2015

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 534

Author:(Linder) – As Introduced Ver:February 23, 2015

MOTION TO RECONSIDER ONLY

SUMMARY:

Requires the court to suspend the driving privilege for six months of any person who pleads guilty or nolo contendere to hit and run with property damage if the charge is a substitute or in satisfaction of the charge of hit and run resulting in injury or death. Specifically, this bill:

1. Provides that if the prosecution agrees to a plea of guilty or nolo contendere to a charge of leaving the scene of an accident resulting in property damage without stopping and properly identifying himself or herself, in satisfaction of, or a substitute for the charge of leaving the scene of an accident resulting in injury or death without stopping and properly identifying himself or herself, the prosecutor shall state for the record the factual basis for the satisfaction or substitution, including whether the defendant was involved in accident in which a person was struck.
   
   

2. States that if the court accepts the defendant's plea of guilty or nolo contendere to a charge of leaving the scene of an accident resulting in property damage without stopping and properly identifying himself or herself, and the prosecutor's states that the driver of the vehicle was involved in an accident where a person was struck, the court shall immediately suspend the convicted driver's privilege to operate a motor vehicle for a period of six months.

EXISTING LAW:

1. Provides that a court may suspend, for not more than six months, the privilege of a person to operate a motor vehicle upon conviction of any of the following offenses:
   
   

   1. Failure of a driver involved in an accident where property is damaged to stop and exchange specified information;
      
      

   2. Reckless driving proximately causing bodily injury;
      
      

   3. Failure of a driver to stop at a railroad crossing as required;
      
      

   4. Evading or fleeing from a peace officer in a motor vehicle or upon a bicycle; and,
      
      

   5. Knowingly causing or participating in a vehicular collision, or any other vehicular accident, for the purpose of presenting or causing to be presented any false or fraudulent insurance claim. (Veh. Code, §13201.)
      
      

2. States that the Department of Motor Vehicles (DMV) immediately shall revoke the privilege of a person to operate a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:
   
   

   1. Failure of the driver of a vehicle involved in an accident resulting in injury or death to stop or otherwise comply, as specified;
      
      

   2. A felony in which a motor vehicle is used, except as specified; and,
      
      

   3. Reckless driving causing bodily injury. (Veh. Code, § 13350, subd. (a).)
      
      

3. Provides that the driver of any vehicle involved in an accident resulting in damage to any property, including a 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. 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. (Veh. Code, § 20002.)
   
   

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 to immediately stop the vehicle at the scene of the accident and to fulfill specified requirements. 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. (Veh. Code, § 20001, subds. (a) & (b).)
   
   

5. Provides that a person who flees the scene of the crime after committing vehicular manslaughter with gross negligence or vehicular manslaughter while intoxicated, upon conviction for that offense, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. Existing law provides that this additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (Veh. Code, § 20001, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 534 adds Section 13200.3 of the Vehicle Code to help reduce the number of hit-and-run accidents, while prioritizing highway safety and protecting victims. This bill addresses hit-and-run drivers who commit an offense punishable by a mandatory one year license revocation, but get to keep their licenses after entering into a plea bargain. AB 534 ensures that this will no longer happen by granting prosecuting agencies the flexibility to plea bargain a hit-and-run with injury down to a hit-and-run with property damage while ensuring a mandatory six month license suspension."
   
   

2. Argument in Support: The Association of California Highway Patrolmen argues, "Under current law hit and run accidents are classified into three categories: (1) a misdemeanor hit-and-run with property damage, (2) a wobbler hit-and-run involving other injury, and (3) a wobbler hit and run involving serious injury or death. A level one conviction is subject to a six month license suspension; however, it is at the discretion of the court.
   
   

"This bill would revise these provisions and make the six month suspension mandatory.

"Hit and run accidents are becoming more prevalent. Current penalties do not reflect the seriousness of the crime and therefore do not act as an effective deterrent. AB 534 would change the law to make hit and run drivers more accountable for their actions, in the hopes of reducing the number of accidents."

3. Argument in Opposition: The American Civil Liberties Union argues, "AB 534 would require courts to immediately suspend, for six months, the driving privilege of any defendant who pleads guilty or nolo contendere to a violation of Vehicle Code section 20002 (failure to comply with specified requirements in accidents resulting only in damage to property) which was originally charged as a violation of Vehicle Section 20001(failure to comply with specified requirements in accidents resulting in injury to a person) when the prosecution states for the record that the person was involved in an accident where a person was struck.
   
   "However, under current law, courts already have within their discretion the ability to suspend for six months, the driver's privilege of any defendant convicted of a violation of Vehicle Code section 20002 – regardless of whether a defendant was involved in an accident where a person was struck (Vehicle Code section 13201). By requiring courts to immediately suspend driver's privileges in all cases in which a defendant is convicted of a violation of Vehicle Code section 20002 under the circumstances described by the bill, AB 534 unnecessarily and improperly strips courts of their discretion."
   
   

4. Prior Legislation:
   
   

   1. AB 1532 (Gatto), of the 2013-14 Legislative Session, would have required that the privilege to operate a motor vehicle shall be suspended for six months for any person convicted of being a driver of a vehicle involved in an accident where a person is struck, but not injured, and the driver of the vehicle leaves the scene of the accident without exchanging required information, as specified. AB 1532 was vetoed by the Governor.
      
      

   2. AB 2337 (Linder), of the 2013-14 Legislative Session, would have increased from one to two years the mandatory suspension of the privilege to operate a motor vehicle for any person convicted of leaving the scene of an accident resulting in injury or death without exchanging required identification information. AB 2337 was vetoed by the Governor.
      
      
      
      
      
      
      
      

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California Highway Patrolmen
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs' Association
Crime Victims United of California
American Motorcyclist Association
City of Torrance
Walk & Bike Mendocino

Opposition

California Public Defenders Association
American Civil Liberties Union
California Attorneys for Criminal Justice

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744

Date of Hearing: April 7, 2015

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Quirk, Chair

ABPCA Bill Id:AB 534

Author:(Linder) – As Introduced Ver:February 23, 2015

SUMMARY:

Requires the court to suspend the driving privilege for six months of any person who pleads guilty or nolo contendere to hit and run with property damage if the charge is a substitute or in satisfaction of the charge of hit and run resulting in injury or death. Specifically, this bill:

1. Provides that if the prosecution agrees to a plea of guilty or nolo contendere to a charge of leaving the scene of an accident resulting in property damage without stopping and properly identifying himself or herself, in satisfaction of, or a substitute for the charge of leaving the scene of an accident resulting in injury or death without stopping and properly identifying himself or herself, the prosecutor shall state for the record the factual basis for the satisfaction or substitution, including whether the defendant was involved in accident in which a person was struck.
   
   

2. States that if the court accepts the defendant's plea of guilty or nolo contendere to a charge of leaving the scene of an accident resulting in property damage without stopping and properly identifying himself or herself, and the prosecutor's states that the driver of the vehicle was involved in an accident where a person was struck, the court shall immediately suspend the convicted driver's privilege to operate a motor vehicle for a period of six months.

EXISTING LAW:

1. Provides that a court may suspend, for not more than six months, the privilege of a person to operate a motor vehicle upon conviction of any of the following offenses:
   
   

   1. Failure of a driver involved in an accident where property is damaged to stop and exchange specified information;
      
      

   2. Reckless driving proximately causing bodily injury;
      
      

   3. Failure of a driver to stop at a railroad crossing as required;
      
      

   4. Evading or fleeing from a peace officer in a motor vehicle or upon a bicycle; and,
      
      

   5. Knowingly causing or participating in a vehicular collision, or any other vehicular accident, for the purpose of presenting or causing to be presented any false or fraudulent insurance claim. (Veh. Code, §13201.)
      
      

2. States that the Department of Motor Vehicles (DMV) immediately shall revoke the privilege of a person to operate a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:
   
   

   1. Failure of the driver of a vehicle involved in an accident resulting in injury or death to stop or otherwise comply, as specified;
      
      

   2. A felony in which a motor vehicle is used, except as specified; and,
      
      

   3. Reckless driving causing bodily injury. (Veh. Code, § 13350, subd. (a).)
      
      

3. Provides that the driver of any vehicle involved in an accident resulting in damage to any property, including a 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. 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. (Veh. Code, § 20002.)
   
   

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 to immediately stop the vehicle at the scene of the accident and to fulfill specified requirements. 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. (Veh. Code, § 20001, subds. (a) & (b).)
   
   

5. Provides that a person who flees the scene of the crime after committing vehicular manslaughter with gross negligence or vehicular manslaughter while intoxicated, upon conviction for that offense, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. Existing law provides that this additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (Veh. Code, § 20001, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 534 adds Section 13200.3 of the Vehicle Code to help reduce the number of hit-and-run accidents, while prioritizing highway safety and protecting victims. This bill addresses hit-and-run drivers who commit an offense punishable by a mandatory one year license revocation, but get to keep their licenses after entering into a plea bargain. AB 534 ensures that this will no longer happen by granting prosecuting agencies the flexibility to plea bargain a hit-and-run with injury down to a hit-and-run with property damage while ensuring a mandatory six month license suspension."
   
   

2. Argument in Support: The Association of California Highway Patrolmen argues, "Under current law hit and run accidents are classified into three categories: (1) a misdemeanor hit-and-run with property damage, (2) a wobbler hit-and-run involving other injury, and (3) a wobbler hit and run involving serious injury or death. A level one conviction is subject to a six month license suspension; however, it is at the discretion of the court.
   
   

"This bill would revise these provisions and make the six month suspension mandatory.

"Hit and run accidents are becoming more prevalent. Current penalties do not reflect the seriousness of the crime and therefore do not act as an effective deterrent. AB 534 would change the law to make hit and run drivers more accountable for their actions, in the hopes of reducing the number of accidents."

3. Argument in Opposition: The American Civil Liberties Union argues, "AB 534 would require courts to immediately suspend, for six months, the driving privilege of any defendant who pleads guilty or nolo contendere to a violation of Vehicle Code section 20002 (failure to comply with specified requirements in accidents resulting only in damage to property) which was originally charged as a violation of Vehicle Section 20001(failure to comply with specified requirements in accidents resulting in injury to a person) when the prosecution states for the record that the person was involved in an accident where a person was struck.
   
   "However, under current law, courts already have within their discretion the ability to suspend for six months, the driver's privilege of any defendant convicted of a violation of Vehicle Code section 20002 – regardless of whether a defendant was involved in an accident where a person was struck (Vehicle Code section 13201). By requiring courts to immediately suspend driver's privileges in all cases in which a defendant is convicted of a violation of Vehicle Code section 20002 under the circumstances described by the bill, AB 534 unnecessarily and improperly strips courts of their discretion."
   
   

4. Prior Legislation:
   
   

   1. AB 1532 (Gatto), of the 2013-14 Legislative Session, would have required that the privilege to operate a motor vehicle shall be suspended for six months for any person convicted of being a driver of a vehicle involved in an accident where a person is struck, but not injured, and the driver of the vehicle leaves the scene of the accident without exchanging required information, as specified. AB 1532 was vetoed by the Governor.
      
      

   2. AB 2337 (Linder), of the 2013-14 Legislative Session, would have increased from one to two years the mandatory suspension of the privilege to operate a motor vehicle for any person convicted of leaving the scene of an accident resulting in injury or death without exchanging required identification information. AB 2337 was vetoed by the Governor.
      
      
      
      
      
      
      
      

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California Highway Patrolmen
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs' Association
Crime Victims United of California
American Motorcyclist Association
City of Torrance
Walk & Bike Mendocino

Opposition

California Public Defenders Association
American Civil Liberties Union
California Attorneys for Criminal Justice

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744