Bill Text: CA AB534 | 2015-2016 | Regular Session | Introduced

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Bill Title: Driver's licenses: suspension of driving privileges.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB534 Detail]

Download: California-2015-AB534-Introduced.html

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BILL NUMBER: AB 534	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 23, 2015

   An act to add Section 13200.3 to the Vehicle Code, relating to
driver's licenses.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 534, as introduced, Linder. Driver's licenses: suspension of
driving privileges.
   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 a 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 a 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
or as a substitute 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 struck. This bill would require
the court to immediately suspend the convicted person's driving
privileges for a period of 6 months if the court accepts the plea and
the prosecutor's statement states that a person was struck in
connection with the accident. By changing the penalty for a crime,
this 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 struck.
   (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 under subdivision (a) states that the driver
of the vehicle was involved in an accident in which a person was
struck, the court shall immediately suspend the convicted driver's
privilege to operate a motor vehicle for a period of six months.
  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.