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AB-1999 Peace officer: fleeing.(1995-1996)

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AB1999:v95#DOCUMENT

Assembly Bill No. 1999
CHAPTER 420

An act to amend Sections 2800.2 and 2800.3 of the Vehicle Code, relating to vehicles.

[ Filed with Secretary of State  September 12, 1996. Approved by Governor  September 11, 1996. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1999, Knight. Peace officer: fleeing.
(1)  Existing law makes it a misdemeanor or a felony punishable by specified imprisonment or a fine of not less than $170 nor more than $2,000, or by both the fine and imprisonment, for any person, while operating a motor vehicle and with the intent to evade, to willfully flee, or to otherwise attempt to evade a pursuing peace officer’s motor vehicle or bicycle if certain conditions exist and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property.
This bill would increase the amount of the fine to not less than $1,000 nor more than $10,000 and would describe acts that constitute driving in a willful or wanton disregard for the safety of persons or property.
(2)  Existing law makes it a misdemeanor or a felony punishable by specified imprisonment or by a fine of not less than $1,000 nor more than $10,000, or by both the imprisonment and fine, to engage in the conduct described in (1), except with regard to the safety of persons or property, when that conduct proximately causes death or serious bodily injury to any person.
This bill would increase the minimum fine to $2,000.

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, by imprisonment in the county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(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 2800.3 of the Vehicle Code is amended to read:

2800.3.
 Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death or serious bodily injury to any person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for two, three, or four years, by imprisonment in the county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
For purposes of this section, “serious bodily injury” has the same meaning as defined in paragraph (5) of subdivision (f) of Section 243 of the Penal Code.