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 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, 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, 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  in an accident in which a   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.  The bill would also require the
judge to inform the defendant of the consequences described below
before 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,   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 bil   l 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 to immediately
suspend the convicted person's   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,  restrict the convicted person's  
the restriction of the defendant's  driving privileges to
employment purposes only, as specified, for no more than 6 months, or
 order the convicted person to complete  
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.
   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 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  in an accident in which a person
  was one in which another person  was injured.
 The prosecution's   This  statement shall
occur prior to  both  the defendant's waiver of the right to
a jury  trial. The judge shall inform the defendant of the
consequences specified in subdivisions (a), (b), and (c) before
accepting the defendant's plea of guilty or nolo contendere under
these circumstances. 
    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 this section stipulates
or does not contest the fact that the defendant was driving the
vehicle that caused injury to another individual, the court shall
immediately issue an order to impose one of the following
consequences:   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)  Suspend the convicted driver's  
Suspension of the defendant's  privilege to operate a motor
vehicle for a period of six months.
   (b)  Restrict the convicted driver's  
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) Require the convicted driver to complete community service, as
the court deems appropriate.  
   (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.