AB 2088 California Assembly · 2015-2016 Regular Session

Vehicles: hit-and-run accidents: pleas.

Summary
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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Aug 2016
Assembly Passage
May 2016
Senate Passage
Aug 2016
Vetoed
Sep 2016
Introduced Feb 17, 2016 Vetoed Sep 27, 2016
Floor votes · Senate Aug 17, 2016 · Assembly May 16, 2016

How they voted

330
Passed
Total votes 33
Aug 17, 2016
D Democratic23
23 Yea
100% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
6
Committee
10
Amendments
3
Sep 27, 2016
Vetoed
Vetoed by Governor.
lower
Aug 23, 2016
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 2. Page 6132.).
lower
Aug 17, 2016
Senate · Passed
Senate Vote: pass (33-0)
senate
Aug 17, 2016
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77.
lower
Aug 2, 2016
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (August 1).
upper
Jun 22, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 21). Re-referred to Com. on APPR.
upper
Jun 6, 2016
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
upper
May 26, 2016
Committee
Referred to Com. on PUB. S.
upper
May 16, 2016
Assembly · Passed
Assembly Vote: pass (67-2-2)
assembly
Apr 27, 2016
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
Apr 26, 2016
Introduced
From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (April 20).
lower
Apr 14, 2016
Committee
Re-referred to Com. on APPR.
lower
Mar 30, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 29). Re-referred to Com. on APPR.
lower
Mar 29, 2016
Committee
Re-referred to Com. on PUB. S.
lower
Feb 29, 2016
Committee
Referred to Com. on PUB. S.
lower
Feb 18, 2016
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 7 co-sponsors

Sponsors