ASSEMBLY THIRD READING

ATR Bill Id:AB 582

Author:(Eduardo Garcia, et al.)

As Amended Ver:January 6, 2020

Majority vote

SUMMARY:

Increases the penalties for "hit and run" resulting in death to another.

Major Provisions

Increases the punishment for fleeing the scene of an accident resulting in the death of another from a "wobbler" having a maximum punishment of four years in state prison, to a "wobbler" having a maximum punishment of three, four, or six years in the state prison.

COMMENTS:

According to the Author:

"AB 582 is a result of the tragic hit-and-run death of Gavin Gladding, a beloved member of the Clovis community. The driver of the vehicle that killed Gavin was likely drinking at a party before the accident; however, because he fled the scene, law enforcement was unable to determine if he was under the influence at the time of the accident. He received a short sentence of 3 years in prison and will only serve half of that time.

"Most drivers who leave the scene of an accident do so because they are under the influence of alcohol or drugs at the time and fear the consequences. To deter drivers from leaving the scene, AB 582 will increase the possible penalty for hit-and-runs resulting in great bodily injury or death. By bringing this code more into line with the penalties assessed for vehicular manslaughter and making them greater than a DUI sentence, AB 582 will encourage drivers to stay at the scene of a crime, even if they may be under the influence, as opposed to fleeing the scene. This will help ensure that justice is served in a timely and appropriate manner."

Arguments in Support:

According to the Fresno County District Attorney, "AB 582 is named after Gavin Gladding, a beloved educator here in Fresno County, who was tragically killed in a hit-and-run incident in 2018. Currently, the penalty for an individual who leaves the scene of a vehicle accident resulting in death or a permanent, serious injury is a maximum of four years and/or a fine of $1,000-$10,000.

"The current potential sentence is not enough to deter drivers, especially those who may be under the influence, from leaving the scene. When these drivers leave the scene, they are potentially removing evidence from the scene, resulting in an incomplete criminal investigation; but more importantly, they are failing to render necessary medical aid that could potentially mitigate the injuries suffered by the victim.

"To deter drivers from leaving the scene of an accident, AB 582 will increase the possible penalty for hit-and-runs resulting in permanent serious injury or death. By making this penalty more consistent with the penalties assessed for the crime of vehicular manslaughter, and making them greater than the penalty for a DUI, AB 582 will encourage drivers to stay at the scene of a crime, potentially saving the lives of innocent victims."

Arguments in Opposition:

According to the San Francisco Public Defenders Office, "Although Vehicle Code Section 20001 is commonly known as 'hit-and-run', it is not necessary for the individual to have caused the motor vehicle accident or injury, but only to have been involved and then failed to remain at the scene and provide aid as needed. …

"Indeed, not infrequently in accidents caused by others, the individual may leave the scene for reasons that have nothing to do with avoiding liability for the accident but instead for any number of other grounds, including fear of losing their employment or deportation, lack of insurance, an expired license and traffic warrants due to unpaid traffic tickets. Over penalizing such harmless reasons with increased prison sentences and imposed additional fines is a waste of scarce societal resources….

"This bill adds to the danger that California will return to prison overcrowding, potentially facing contempt of a federal court order and huge fines that it confronted only two years ago. After obtaining several extensions in order to comply, California remains under a federal court order (Plata v. Schwarzenegger) to reduce its inmate population to 110,000."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, Costs (GF) in the millions of dollars to the California Department of Corrections and Rehabilitation (CDCR) in increased incarceration costs. The average annual cost per CDCR inmate is $84,000. There were approximately 300 new CDCR admissions in 2018 for felony hit and run – 95 of those admissions were for hit and run resulting in death or serious injury. This bill proposes to increase the maximum penalty for felony hit and run from four years to six years if death results from the accident. If 10 defendants are sentenced to an additional two years as a result of the increase required by this bill, the total cost to the GF is $840,000 in the first year and $1.7 million dollars in the second year.

VOTES:

ASM PUBLIC SAFETY: 7-0-1

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Quirk, Santiago, Wicks

ABS, ABST OR NV: Kamlager

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bloom, Brough, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Bonta

ASM PUBLIC SAFETY: 2-0-6

YES: Lackey, Diep

ABS, ABST OR NV: Jones-Sawyer, Bauer-Kahan, Kamlager-Dove, Quirk, Santiago, Wicks

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager-Dove, Quirk, Santiago, Wicks

UPDATED:

VERSION: January 6, 2020

CONSULTANT: Sandy Uribe (Counsel) / PUB. S. / (916) 319-3744 FN: 0002623

Date of Hearing: January 23, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 582

Author:(Eduardo Garcia, et al.) – As Amended Ver:January 6, 2020

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill increases the penalties for fleeing the scene of an accident resulting in the death of another person from an alternate felony-misdemeanor with a maximum punishment of four years in state prison, to an alternate felony misdemeanor having a maximum punishment of six years in the state prison.

FISCAL EFFECT:

Costs (GF) in the millions of dollars to the California Department of Corrections and Rehabilitation (CDCR) in increased incarceration costs. The average annual cost per CDCR inmate is $84,000. There were approximately 300 new CDCR admissions in 2018 for felony hit and run – 95 of those admissions were for hit and run resulting in death or serious injury. This bill proposes to increase the maximum penalty for felony hit and run from four years to six years if death results from the accident. If 10 defendants are sentenced to an additional two years as a result of the increase required by this bill, the total cost to the GF is $840,000 in the first year and $1.7 million dollars in the second year.

COMMENTS:

1. Purpose. According to the author:

AB 582 will increase the possible penalty for hit-and-runs resulting in great bodily injury or death. By bringing this code more into line with the penalties assessed for vehicular manslaughter and making them greater than a DUI sentence, AB 582 will encourage drivers to stay at the scene of a crime, even if they may be under the influence, as opposed to fleeing the scene. This will help ensure that justice is served in a timely and appropriate manner.

1. Prison Overcrowding: CDCR is under a federally ordered population cap. In January 2010, a three-judge panel of the 9th Circuit Court of Appeals issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was found to be the primary reason CDCR was unable to provide inmates with constitutionally adequate healthcare. As of January 2020, CDCR is in compliance with the three-judge panel’s order on the prison population. CDCR’s most recent report on prison population notes that the average daily adult inmate population is 124,655 inmates. As of December 11, 2019, the state’s prison population was 134.7% of design capacity. This number fluctuates day to day based on the total population. However, almost half of CDCR’s prisons individually exceed the 137.5 % population cap. Exceeding the court-ordered design capacity would most certainly prompt new court filings, renewed litigation, and possibly new court orders re-setting a more stringent population cap, ordering the release of inmates, or resulting in new prison construction. Additionally, the Governor has proposed closing at least one state prison by 2025 - putting further pressure on the population cap.
2. Argument in Support. According to the Fresno County District Attorney:

To deter drivers from leaving the scene of an accident, AB 582 will increase the possible penalty for hit-and-runs resulting in permanent serious injury or death. By making this penalty more consistent with the penalties assessed for the crime of vehicular manslaughter, and making them greater than the penalty for a DUI, AB 582 will encourage drivers to stay at the scene of a crime, potentially saving the lives of innocent victims.

1. Argument in Opposition. According to California Attorneys for Criminal Justice:

AB 582 would increase the punishment for fleeing the scene of an accident, which causes permanent or serious injury, or if the accident resulted in death. Current law already imposes significant penalties for fleeing the scene of an accident. Fundamental legal principles require any sentence to be anchored in the underlying offense. Here, the bill increases the punishment for leaving the scene even if the flight is not the cause of the injury. Most of these cases involve unintentional accidents as opposed to deliberate actions with the intent to cause injuries.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 582

Author:(Eduardo Garcia) – As Amended Ver:January 6, 2020

VOTE ONLY

SUMMARY:

Increases the penalties for “hit and run” resulting in death to another. Specifically, this bill: Increases the punishment for fleeing the scene of an accident resulting in the death of another from a “wobbler” having a maximum punishment of four years in state prison, to a “wobbler” having a maximum punishment of three, four, or six years in the state prison.

EXISTING LAW:

1. Requires the driver of a vehicle involved in an accident resulting in injury to another person to stop at the scene of the accident and to fulfill specified requirements, including providing identifying information and rendering assistance. (Veh. Code, § 20001, subd. (a).)
   
2. Provides that, except as specified, fleeing the scene of an accident resulting in injury to another, is punishable by 16 months, two, or three years in state prison 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. (Veh. Code, § 20001, subd. (b)(1).)
   
3. Provides that fleeing the scene of an accident which results in permanent, serious injury or death to another, 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 ranging between $1,000 and $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001, subd. (b).)
   
4. Allows the court, in the interests of justice, to reduce or eliminate the minimum term of imprisonment required for a conviction of fleeing the scene of an accident causing death or permanent, serious injury. (Veh. Code, § 20001, subd. (b).)
   
5. States that a person who flees the scene of an accident after committing gross vehicular manslaughter or gross vehicular manslaughter while intoxicated, upon conviction for that offense, shall be punished by an additional term of five years in the state prison. This additional term runs consecutive to the punishment for the vehicular manslaughter. (Veh. Code, § 20001, subd. (c).)
   
6. Defines “gross vehicular manslaughter” as the unlawful killing of a human being, in the driving of a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or with driving a vehicle in the commission of a lawful act which might produce death, in an unlawful act, and with gross negligence. Gross vehicular manslaughter is punishable by either imprisonment in a county jail for not more than one year, or in the state prison for two, four, or six years. (Pen. Code, § 191, subd. (c)(1).)
   
7. Defines “gross vehicular manslaughter” while intoxicated as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driver was under the influence of drugs or alcohol, and the killing was either the proximate result of an unlawful act not amounting to a felony, and with gross negligence, or the proximate result of a lawful act that might produce death, in an unlawful manner, and with gross negligence. Gross vehicle manslaughter while intoxicated is punishable by imprisonment in the state prison for four, six, or ten years. (Pen. Code, § 191.5, subd. (a).)
   
8. Provides for additional punishment when great bodily injury is inflicted during the commission of a felony not having bodily harm as an element of the offense. (Pen. Code, § 12022.7.)
   
9. Provides that an act or omission that is punishable in different ways by different provisions of law shall be punished under the law providing for the longest term of punishment, but in no case can the act or omission be punished under more than one law. (Pen. Code, § 654.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 582 is a result of the tragic hit-and-run death of Gavin Gladding, a beloved member of the Clovis community. The driver of the vehicle that killed Gavin was likely drinking at a party before the accident; however, because he fled the scene, law enforcement was unable to determine if he was under the influence at the time of the accident. He received a short sentence of 3 years in prison and will only serve half of that time.
   
   “Most drivers who leave the scene of an accident do so because they are under the influence of alcohol or drugs at the time and fear the consequences. To deter drivers from leaving the scene, AB 582 will increase the possible penalty for hit-and-runs resulting in great bodily injury or death. By bringing this code more into line with the penalties assessed for vehicular manslaughter and making them greater than a DUI sentence, AB 582 will encourage drivers to stay at the scene of a crime, even if they may be under the influence, as opposed to fleeing the scene. This will help ensure that justice is served in a timely and appropriate manner.”
   
2. Fleeing the Scene of an Accident Resulting in Injury: Vehicle Code section 20001 is commonly known as “hit and run.” To prove a violation of hit and run resulting in permanent, serious injury or death the prosecution must establish that: (1) the defendant was involved in a vehicle accident while driving; (2) the accident caused permanent, serious injury or death to another; (3) the defendant knew that he or she was involved in an accident that injured another person, or knew from the nature of the accident that it was probable that another person had been injured; and, (4) the defendant willfully failed to perform one or more duties, including immediately stopping at the scene, providing reasonable assistance to any injured person, to provide specified identifying information, and showing driver’s license upon request. (See CALCRIM No. 2140.)
   
   “The purpose of [the statute] is to prevent the driver of an automobile from leaving the scene of an accident in which he participates or is involved without proper identification and to compel necessary assistance to those who may be injured. The requirements of the statute are operative and binding on all drivers involved in an accident regardless of any question of their negligence respectively.” (People v. Scofield (1928) 203 Cal. 703, 708.) In other words, it is not necessary to drive impaired, recklessly or negligently. These duties apply regardless of the fault of the accident.
   
   Currently, the crime of hit and run resulting in death or permanent, serious injury is a wobbler. The crime is punishable by up to one year in jail, or up to four years in prison. (Veh. Code, § 20001, subd. (b).) This bill would increase the punishment to a maximum of six years in prison where the accident results in death.
3. Prison Overcrowding: In January 2010, a three-judge panel issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. (Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK JFM P/NO. C01-1351 THE.) The United State Supreme Court upheld the decision, declaring that “without a reduction in overcrowding, there will be no efficacious remedy for the unconstitutional care of the sick and mentally ill” inmates in California’s prisons. (Brown v. Plata (2011) 131 S.Ct. 1910, 1939; 179 L.Ed.2d 969, 999.)
   
   After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016.
   
   CDCR’s November 2019 monthly report on the prison population notes that the in-state adult institution population is currently 114,623 inmates, which amounts to 134.7% of design capacity. (https://www.cdcr.ca.gov/research/wp-content/uploads/sites/174/2019/12/Tpop1d1911.pdf.)

Thus, while CDCR is currently in compliance with the three-judge panel’s order on the prison population, the state needs to maintain a “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).)

CDCR has informed this Committee that from November 2018 through October 2019 there were 97 new admissions for the hit and run resulting in permanent, serious injury or death. Further, the total number of inmates who are serving a sentence for a conviction for hit and run causing death or permanent serious injury is 315. As noted above, this bill increases only the punishment for hit and run causing death. Because, as drafted, the statute does not distinguish between permanent serious injury or death, it not possible to tell exactly how many of the new admissions to CDCR in the past year involved hit and run resulting in death.

1. Argument in Support: According to the Fresno County District Attorney, “AB 582 is named after Gavin Gladding, a beloved educator here in Fresno County, who was tragically killed in a hit-and-run incident in 2018. Currently, the penalty for an individual who leaves the scene of a vehicle accident resulting in death or a permanent, serious injury is a maximum of four years and/or a fine of $1,000-$10,000.
   
   “The current potential sentence is not enough to deter drivers, especially those who may be under the influence, from leaving the scene. When these drivers leave the scene, they are potentially removing evidence from the scene, resulting in an incomplete criminal investigation; but more importantly, they are failing to render necessary medical aid that could potentially mitigate the injuries suffered by the victim.
   
   “To deter drivers from leaving the scene of an accident, AB 582 will increase the possible penalty for hit-and-runs resulting in permanent serious injury or death. By making this penalty more consistent with the penalties assessed for the crime of vehicular manslaughter, and making them greater than the penalty for a DUI, AB 582 will encourage drivers to stay at the scene of a crime, potentially saving the lives of innocent victims.”
   
2. Argument in Opposition: According to the San Francisco Public Defenders Office, “Although Vehicle Code Section 20001 is commonly known as ‘hit-and-run’, it is not necessary for the individual to have caused the motor vehicle accident or injury, but only to have been involved and then failed to remain at the scene and provide aid as needed. …
   
   “Indeed, not infrequently in accidents caused by others, the individual may leave the scene for reasons that have nothing to do with avoiding liability for the accident but instead for any number of other grounds, including fear of losing their employment or deportation, lack of insurance, an expired license and traffic warrants due to unpaid traffic tickets. Over penalizing such harmless reasons with increased prison sentences and imposed additional fines is a waste of scarce societal resources….
   
   “This bill adds to the danger that California will return to prison overcrowding, potentially facing contempt of a federal court order and huge fines that it confronted only two years ago. After obtaining several extensions in order to comply, California remains under a federal court order (Plata v. Schwarzenegger) to reduce its inmate population to 110,000.”
   
3. Prior Legislation: AB 2014 (E. Garcia), of the 2017-2018 Legislative Session, would have increased the penalty for fleeing the scene of an accident resulting in death or serious bodily injury from two, three, or four years in state prison to two, four, or six years in state prison. AB 2014 was heard in committee for testimony, but the final hearing for vote only was cancelled at the request of the author.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Highway Patrolmen

California District Attorneys Association

City of Fresno, District Attorney

Fresno County Sheriff

Fresno Deputy Sheriff's Association

Fresno Police Department

Fresno Police Officers Association

Mothers Against Drunk Driving

Oppose

American Civil Liberties Union of California

California Attorneys for Criminal Justice

San Francisco Public Defender's Office

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744

Date of Hearing: March 19, 2019

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 582

Author:(Patterson) – As Amended Ver:March 13, 2019

SUMMARY:

Increases the penalties for “hit and run” resulting in permanent, serious injury or death to another. Specifically, this bill:

1. Increases the punishment for fleeing the scene of an accident resulting in permanent serious injury to another from a “wobbler” (alternate felony or misdemeanor) having a maximum punishment of four years in state prison, to a felony punishable by four, five, or six years in state prison.
   
2. Increases the punishment for fleeing the scene of an accident resulting in the death of another from a “wobbler” having a maximum punishment of four years in state prison, to a felony punishable by six, seven, or eight years in state prison.
   

EXISTING LAW:

1. Requires the driver of a vehicle involved in an accident resulting in injury to another person to stop at the scene of the accident and to fulfill specified requirements, including providing identifying information and rendering assistance. (Veh. Code, § 20001, subd. (a).)
   
2. Provides that, except as specified, fleeing the scene of an accident resulting in injury to another, is punishable by 16 months, two, or three years in state prison 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. (Veh. Code, § 20001, subd. (b)(1).)
   
3. Provides that fleeing the scene of an accident which results in permanent, serious injury or death to another, 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 ranging between $1,000 and $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001, subd. (b).)
   
4. Allows the court, in the interests of justice, to reduce or eliminate the minimum term of imprisonment required for a conviction of fleeing the scene of an accident causing death or permanent, serious injury. (Veh. Code, § 20001, subd. (b).)
   
5. States that a person who flees the scene of an accident after committing gross vehicular manslaughter or gross vehicular manslaughter while intoxicated, upon conviction for that offense, shall be punished by an additional term of five years in the state prison. This additional term runs consecutive to the punishment for the vehicular manslaughter. (Veh. Code, § 20001, subd. (c).)
   
6. Defines “gross vehicular manslaughter” as the unlawful killing of a human being, in the driving of a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or with driving a vehicle in the commission of a lawful act which might produce death, in an unlawful act, and with gross negligence. Gross vehicular manslaughter is punishable by either imprisonment in a county jail for not more than one year, or in the state prison for two, four, or six years. (Pen. Code, § 191, subd. (c)(1).)
   
7. Defines “gross vehicular manslaughter” while intoxicated as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driver was under the influence of drugs or alcohol, and the killing was either the proximate result of an unlawful act not amounting to a felony, and with gross negligence, or the proximate result of a lawful act that might produce death, in an unlawful manner, and with gross negligence. Gross vehicle manslaughter while intoxicated is punishable by imprisonment in the state prison for four, six, or ten years. (Pen. Code, § 191.5, subd. (a).)
   
8. Provides for additional punishment when great bodily injury is inflicted during the commission of a felony not having bodily harm as an element of the offense. (Pen. Code, § 12022.7.)
   
9. Provides that an act or omission that is punishable in different ways by different provisions of law shall be punished under the law providing for the longest term of punishment, but in no case can the act or omission be punished under more than one law. (Pen. Code, § 654.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 582 is a result of the tragic hit-and-run death of Gavin Gladding, a beloved member of the Clovis community. The driver of the vehicle that killed Gavin was likely drinking at a party before the accident; however, because he fled the scene, law enforcement was unable to determine if he was under the influence at the time of the accident. He received a short sentence of 3 years in prison and will only serve half of that time.
   
   “Most drivers who leave the scene of an accident do so because they are under the influence of alcohol or drugs at the time and fear the consequences. To deter drivers from leaving the scene, AB 582 will increase the possible penalty for hit-and-runs resulting in great bodily injury or death. By bringing this code more into line with the penalties assessed for vehicular manslaughter and making them greater than a DUI sentence, AB 582 will encourage drivers to stay at the scene of a crime, even if they may be under the influence, as opposed to fleeing the scene. This will help ensure that justice is served in a timely and appropriate manner.”
   
2. Fleeing the Scene of an Accident Resulting in Injury: Vehicle Code section 20001 is commonly known as “hit and run.” To prove a violation of hit and run resulting in permanent, serious injury or death the prosecution must establish that: (1) the defendant was involved in a vehicle accident while driving; (2) the accident caused permanent, serious injury or death to another; (3) the defendant knew that he or she was involved in an accident that injured another person, or knew from the nature of the accident that it was probable that another person had been injured; and, (4) the defendant willfully failed to perform one or more duties, including immediately stopping at the scene, providing reasonable assistance to any injured person, to provide specified identifying information, and showing driver’s license upon request. (See CALCRIM No. 2140.)
   
   “The purpose of [the statute] is to prevent the driver of an automobile from leaving the scene of an accident in which he participates or is involved without proper identification and to compel necessary assistance to those who may be injured. The requirements of the statute are operative and binding on all drivers involved in an accident regardless of any question of their negligence respectively.” (People v. Scofield (1928) 203 Cal. 703, 708.) In other words, it is not necessary to drive impaired, recklessly or negligently. These duties apply regardless of the fault of the accident.
   
   Currently, the crime of hit and run resulting in death or permanent, serious injury is a wobbler. The crime is punishable by up to one year in jail, or up to four years in prison. (Veh. Code, § 20001, subd. (b).) This bill would increase the punishment to a maximum of six years in prison where the accident results in permanent, serious injury. Where the accident results in death, the bill would increase the term of punishment to up to eight years in prison.
3. Prison Overcrowding: In January 2010, a three-judge panel issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. (Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK JFM P/NO. C01-1351 THE.) The United State Supreme Court upheld the decision, declaring that “without a reduction in overcrowding, there will be no efficacious remedy for the unconstitutional care of the sick and mentally ill” inmates in California’s prisons. (Brown v. Plata (2011) 131 S.Ct. 1910, 1939; 179 L.Ed.2d 969, 999.)
   
   After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016.
   
   CDCR’s February 2019 monthly report on the prison population notes that the in-state adult institution population is currently 113,656 inmates, which amounts to 133.6% of design capacity. Additionally, there are still 1,463 prisoners being housed out of state. (https://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Monthly/TPOP1A/TPOP1Ad1902.pdf)
   
   The Governor’s January proposed budget for 2019-2020 anticipates that “The average daily adult inmate population is now projected to be 128,334, an increase of 1.1 percent over spring projections. However, current projections show the adult inmate population is trending downward and is expected to decrease by approximately 1,360 offenders between 2018-19 and 2019-20. Proposition 57, the Public Safety and Rehabilitation Act of 2016, established a durable solution to end federal court oversight and create more incentives for inmates to participate in rehabilitative programs. Proposition 57 is currently estimated to reduce the average daily adult inmate population by approximately 6,300 in 2019-20, growing to an inmate reduction of approximately 10,500 in 2021-22. The estimated impact of Proposition 57 has been incorporated into the aforementioned total population projections.” (http://www.ebudget.ca.gov/2019-20/pdf/BudgetSummary/PublicSafety.pdf.)
   
   Thus, while CDCR is currently in compliance with the three-judge panel’s order on the prison population, the state needs to maintain a “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).)
   
   CDCR has informed this Committee that in 2018 alone there were 213 new admissions to state prison of persons convicted of a felony violation of hit and run causing injury other than permanent, serious injury. In the same year, there were 95 new admissions for the hit and run causing permanent, serious injury or death.
   
   Based on these numbers, the significant penalty increases proposed by this bill for hit and run resulting in permanent, serious injury or death are inconsistent with the three-judge panel's requirement that the state maintain a durable solution to prison overcrowding.
   
4. Argument in Support: According to the Fresno County District Attorney, “AB 582 is named after Gavin Gladding, a beloved educator here in Fresno County, who was tragically killed in a hit-and-run incident in 2018. Currently, the penalty for an individual who leaves the scene of a vehicle accident resulting in death or a permanent, serious injury is a maximum of four years and/or a fine of $1,000-$10,000.
   
   “The current potential sentence is not enough to deter drivers, especially those who may be under the influence, from leaving the scene. When these drivers leave the scene, they are potentially removing evidence from the scene, resulting in an incomplete criminal investigation; but more importantly, they are failing to render necessary medical aid that could potentially mitigate the injuries suffered by the victim.
   
   “To deter drivers from leaving the scene of an accident, AB 582 will increase the possible penalty for hit-and-runs resulting in permanent serious injury or death. By making this penalty more consistent with the penalties assessed for the crime of vehicular manslaughter, and making them greater than the penalty for a DUI, AB 582 will encourage drivers to stay at the scene of a crime, potentially saving the lives of innocent victims.”
   
5. Argument in Opposition: According to the San Francisco Public Defenders Office, “Although Vehicle Code Section 20001 is commonly known as ‘hit-and-run’, it is not necessary for the individual to have caused the motor vehicle accident or injury, but only to have been involved and then failed to remain at the scene and provide aid as needed. …
   
   “Indeed, not infrequently in accidents caused by others, the individual may leave the scene for reasons that have nothing to do with avoiding liability for the accident but instead for any number of other grounds, including fear of losing their employment or deportation, lack of insurance, an expired license and traffic warrants due to unpaid traffic tickets. Over penalizing such harmless reasons with increased prison sentences and imposed additional fines is a waste of scarce societal resources….
   
   “This bill adds to the danger that California will return to prison overcrowding, potentially facing contempt of a federal court order and huge fines that it confronted only two years ago. After obtaining several extensions in order to comply, California remains under a federal court order (Plata v. Schwarzenegger) to reduce its inmate population to 110,000.”
   
6. Prior Legislation: AB 2014 (E. Garcia), of the 2017-2018 Legislative Session, would have increased the penalty for fleeing the scene of an accident resulting in death or serious bodily injury from 16 months, two or three years in state prison to two, four, or six years in state prison. AB 2014 was heard in committee for testimony, but the final hearing for vote only was cancelled at the request of the author.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Fresno, District Attorney
Fresno County Sheriff 
Fresno Deputy Sheriff's Association
Fresno Police Department
Fresno Police Officers Association (FPOA)
Mothers Against Drunk Driving

Oppose

American Civil Liberties Union of California
California Attorneys for Criminal Justice
California Public Defenders Association (CPDA)
San Francisco Public Defender's Office

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744