Bill Text: CA AB2088 | 2015-2016 | Regular Session | Enrolled
Bill Title: Vehicles: hit-and-run accidents: pleas.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Vetoed) 2016-09-27 - Vetoed by Governor. [AB2088 Detail]
Download: California-2015-AB2088-Enrolled.html
BILL NUMBER: AB 2088 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 8, 2016
AMENDED IN SENATE JUNE 6, 2016
AMENDED IN ASSEMBLY APRIL 27, 2016
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Linder
(Coauthors: Assembly Members Chang, Gallagher, Cristina Garcia,
Hadley, Kim, Maienschein, and Waldron)
FEBRUARY 17, 2016
An act to add Section 13211 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2088, Linder. 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
prosecutor's statement to occur prior to the defendant's 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 prosecution's 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 defendant's plea of guilty or
nolo contendere, to order the suspension of the defendant's driving
privileges for a period of 6 months, the restriction of the defendant'
s 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13211 is added to the Vehicle Code, to read:
13211. If the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of Section 20002 in
satisfaction of, or as a substitute for, an original charge of a
violation of Section 20001, the prosecution shall state for the
record the factual basis for the satisfaction or substitution,
including whether or not the accident in which the defendant was
involved was one in which another person was injured. This statement
shall occur prior to both the defendant's waiver of the right to a
jury trial as to the charge of a violation of Section 20002 and the
defendant's waiver of the right to a jury trial described below. 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 judge shall inform the defendant of the consequences specified in
subdivisions (a) to (c), inclusive. If the defense admits that
another person was injured in the accident or stipulates to the
prosecution's statement under this section and the defendant waives
his or her right to a jury trial as to that fact, the court shall,
upon accepting the defendant's plea of guilty or nolo contendere as
described in this section, order one of the following consequences:
(a) Suspension of the defendant's privilege to operate a motor
vehicle for a period of six months.
(b) Restriction of the defendant's privilege to operate a motor
vehicle to necessary travel to and from that person's place of
employment for not more than six months. If driving a motor vehicle
is necessary to perform the duties of the person's employment, the
court may restrict the driving privilege to allow driving in that
person's scope of employment. Whenever a person's driving privilege
is restricted pursuant to this subdivision, the person shall be
required to maintain proof of financial responsibility.
(c) Completion of community service, as the court deems
appropriate, by the defendant.
This section shall become operative on January 1, 2018.
SEC. 2. 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.
