AB 2088

  • California Assembly Bill
  • 2015-2016 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 16, 2016
  • Passed Senate Aug 17, 2016
  • Governor

Vehicles: hit-and-run accidents: pleas.

Abstract

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 Sponsors (8)

Votes


Actions


Sep 27, 2016

Assembly

Vetoed by Governor.

Aug 30, 2016

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 23, 2016

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 2. Page 6132.).

Aug 17, 2016

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5057.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77.

Aug 09, 2016

Senate

Read second time. Ordered to third reading.

Aug 08, 2016

Senate

Read third time and amended. Ordered to second reading.

Aug 03, 2016

Senate

Read second time. Ordered to third reading.

Aug 02, 2016

Senate

From committee: Do pass. (Ayes 7. Noes 0.) (August 1).

Jun 22, 2016

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 21). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Jun 06, 2016

Senate

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.

  • Referral-Committee
  • Reading-2
  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
Com. on PUB. S.

May 26, 2016

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 16, 2016

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 2. Page 4816.)

Apr 28, 2016

Assembly

Read second time. Ordered to third reading.

Apr 27, 2016

Assembly

Read second time and amended. Ordered returned to second reading.

Apr 26, 2016

Assembly

From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (April 20).

Apr 14, 2016

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 13, 2016

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

Mar 30, 2016

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 29). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Mar 29, 2016

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 28, 2016

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Feb 29, 2016

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Feb 18, 2016

Assembly

From printer. May be heard in committee March 19.

Feb 17, 2016

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2088 HTML
02/17/16 - Introduced PDF
03/28/16 - Amended Assembly PDF
04/13/16 - Amended Assembly PDF
04/27/16 - Amended Assembly PDF
06/06/16 - Amended Senate PDF
08/08/16 - Amended Senate PDF
08/25/16 - Enrolled PDF

Related Documents

Document Format
No related documents.

Sources

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