Bill Text: CA AB2088 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2088	AMENDED
	BILL TEXT

	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 13200.3 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2088, as amended, 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 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   of,  or as a substitute  for
  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 injured. The bill would require
the prosecutor's statement to occur prior to the defendant's waiver
of the right to a jury trial. The bill would also require the judge
to inform the defendant of the consequences described below prior to
accepting the defendant's plea of guilty or nolo contendere under
these circumstances. If the court accepts the plea and the prosecutor'
s statement stipulates or does not contest the fact that the
defendant was driving the vehicle that caused injury to another
individual, the bill would require the court to immediately suspend
the convicted person's driving privileges for a period of 6 
months   months, restrict the convicted person's driving
privileges to employment purposes only, as specified, for no more
than 6 months,  or order the convicted person to complete
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.
   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 13200.3 is added to the Vehicle Code, to read:
   13200.3.  (a) 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 the defendant was involved in an accident in which
a person was injured. The prosecution's statement shall occur prior
to the defendant's waiver of the right to a jury trial. The judge
shall inform the defendant of the consequences specified in
subdivision (b) prior to accepting the defendant's plea of guilty or
nolo contendere under these circumstances.
   (b) If the court accepts the defendant's plea of guilty or nolo
contendere to a charge of a violation of Section 20002, and the
prosecutor's statement provided pursuant to subdivision (a)
stipulates or does not contest the fact that the defendant was
driving the vehicle that caused injury to another individual, the
court shall immediately  suspend the convicted driver's
privilege to operate a motor vehicle for a period of six months or
require the convicted driver to complete community service, as the
court deems appropriate.   impose one of the following
orders:  
   (1) Suspend the convicted driver's privilege to operate a motor
vehicle for a period of six months.  
   (2) Restrict the convicted driver'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 paragraph, the person shall be
required to maintain proof of financial responsibility.  
   (3) Require the convicted driver to complete community service, as
the court deems appropriate. 
  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.