Bill Text: CA AB1951 | 2009-2010 | Regular Session | Amended

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Bill Title: Vehicles: traffic offenses: punishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-19 - In committee: Held under submission. [AB1951 Detail]

Download: California-2009-AB1951-Amended.html

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BILL NUMBER: AB 1951	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2010
	AMENDED IN ASSEMBLY  MARCH 9, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 17, 2010

   An act to  add Section 23106 to   amend
Sections 21070 and 42001.19 of  the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1951, as amended, Ammiano. Vehicles:  misdemeanor:
collision: pedestrian and bicyclist.   traffic offenses:
punishment.  
   (1) Under existing law, a person who operates a vehicle in willful
or wanton disregard for the safety of persons or property is guilty
of a misdemeanor. Existing law specifies punishment for a person
found guilty of this offense.  
   This bill would provide that a person operating a motor vehicle in
a grossly negligent manner resulting in a collision of the motor
vehicle with a pedestrian or bicyclist is guilty of a misdemeanor.
The bill would specify the punishment for a person convicted of
violating this provision and would require the accused to be present
in all court proceedings related to the prosecution of the violation.
 
   (1) Existing law provides that a driver who violates specified
offenses of the rules of the road that are punishable as an
infraction, and as a result of that violation proximately causes
bodily injury or great bodily injury to another person is guilty of
the public offense of unsafe operation of a motor vehicle with bodily
injury or great bodily injury. Existing law provides that a person
who is convicted under these provisions is punishable for a violation
involving bodily injury by a fine of $70 and for a violation
involving great bodily injury by a fine of $95.  
   This bill would make such an offense punishable as either an
infraction or a misdemeanor and for a violation involving bodily
injury or great bodily injury, by imprisonment in a county jail for
not less than 5 days and not more than 90 days, or by a fine of not
less than $145 and not more than $1,000, or by both a fine and
imprisonment. 
   (2) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21070 of the   Vehicle
Code   is amended to read: 
   21070.  Notwithstanding any other  provision of 
law, a driver who violates any provision of this division  ,
 that is punishable as an infraction, and as a result of
that violation proximately causes bodily injury or great bodily
injury, as defined in Section 12022.7 of the Penal Code, to another
person is guilty of the public offense of unsafe operation of a motor
vehicle with bodily injury or great bodily injury. That violation is
punishable as  either  an infraction  or a misdemeanor
 pursuant to Section 42001.19.
   SEC. 2.    Section 42001.19 of the   Vehicle
Code   is amended to read: 
   42001.19.  Notwithstanding any other  provision of
 law, a person convicted of a violation of Section 21070
 is punishable, as follows:   shall be punished
for a violation involving bodily injury or great bodily injury 
 by imprisonment in a county jail for not less than five days and
not more than 90 days, or by a fine of not less than one hundred
forty-five dollars ($145) and not more than one thousand dollars
($1,000), or by both that fine and imprisonment.  
   (a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).  
   (b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).  
  SECTION 1.    Section 23106 is added to the
Vehicle Code, to read:
   23106.  (a) A person operating a motor vehicle upon a highway in a
grossly negligent manner resulting in a collision of the motor
vehicle with a pedestrian or bicyclist causing an injury to the
pedestrian or bicyclist is guilty of a misdemeanor.
   (b) A person convicted of violating subdivision (a) shall be
punished by a fine of not more than one thousand dollars ($1,000) and
shall be required to complete a course of instruction at a licensed
traffic violator school.
   (c) A person accused of violating subdivision (a) shall be present
in all court proceedings related to the prosecution of the
violation. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.