Bill Text: CA AB509 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Vehicles: fleeing a peace officer.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2009-07-07 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB509 Detail]

Download: California-2009-AB509-Introduced.html

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BILL NUMBER: AB 509	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 24, 2009

   An act to amend Section 2800.2 of, and to add Section 2800.25 to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 509, as introduced, Anderson.  Vehicles: fleeing a peace
officer.
   Existing law makes it a misdemeanor for a person operating a motor
vehicle to willfully flee or otherwise attempt to elude a pursuing
peace officer's motor vehicle under certain conditions. If the
pursued vehicle is driven in a willful or wanton disregard for the
safety of persons or property, the offense is punishable as a
misdemeanor or a felony.
   This bill would revise these provisions of existing law to codify
the provision relating to willful or wanton disregard for the safety
of persons separately from the provision relating to willful or
wanton disregard for the safety of property. The bill would delete
the definition of "willful or wanton disregard for the safety of
persons."
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2800.2 of the Vehicle Code is amended to read:
   2800.2.   (a)    If a person
flees or attempts to elude a pursuing peace officer in violation of
Section 2800.1 and the pursued vehicle is driven in a willful or
wanton disregard for the safety of persons  or property
 , the person driving the vehicle, upon conviction, shall be
punished by imprisonment in the state prison, or by confinement in
the county jail for not less than six months nor more than one year.
The court may also impose a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or may
impose both that imprisonment or confinement and fine. 
   (b) For purposes of this section, a willful or wanton disregard
for the safety of persons or property includes, but is not limited
to, driving while fleeing or attempting to elude a pursuing peace
officer during which time either three or more violations that are
assigned a traffic violation point count under Section 12810 occur,
or damage to property occurs. 
  SEC. 2.  Section 2800.25 is added to the Vehicle Code, to read:
   2800.25.  (a) If a person flees or attempts to elude a pursuing
peace officer in violation of Section 2800.1 and the pursued vehicle
is driven in a willful or wanton disregard for the safety of
property, the person driving the vehicle, upon conviction, shall be
punished by imprisonment in the state prison, or by confinement in
the county jail for not more than one year, or by a fine of not more
than one thousand dollars ($1,000), or by both that imprisonment and
fine.
   (b) For the purposes of this section, a willful or wanton
disregard for the safety of property includes, but is not limited to,
driving while fleeing or attempting to elude a pursuing peace
officer during which time either three or more violations that are
assigned a traffic violation point count under Section 12810 occur,
or damage to property occurs.