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AB-74 Police vehicle pursuit: punishment.(2003-2004)

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AB74:v98#DOCUMENT

Amended  IN  Assembly  February 19, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 74

Introduced  by  Assembly Member Mountjoy
 (Coauthor(s): Assembly Member Bates, Benoit, Bogh, Chavez, Cox, Daucher, Dutton, Frommer, Garcia, Haynes, Jerome Horton, La Suer, Leslie, Maddox, Maze, McCarthy, Pacheco, Plescia, Spitzer, Strickland, Vargas, Wyland)
 (Coauthor(s): Senator Knight)

December 19, 2002

An act to amend Sections 2800.1, 2800.2, 2800.3, and 40000.7 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 74, as amended, Mountjoy. Police vehicle pursuit: punishment.
(1) Existing law makes it a misdemeanor for a person while operating a motor vehicle to intentionally evade, willfully flee, or otherwise attempt to evade a pursuing peace officer’s motor vehicle under certain conditions.
This bill would make it a misdemeanor or a felony, rather than only a misdemeanor, to commit the above offense. The bill would make conforming changes. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(2) Existing law makes it a misdemeanor punishable by confinement in a county jail for not more than one year, or a felony punishable by imprisonment in the state prison, or by a fine of not less than $1,000 nor more than $10,000, or by both the fine and imprisonment for any person who commits the offense described in (1) above in a willful or wanton disregard for persons or property.
This bill would make the above-described offense exclusively a felony punishable by imprisonment in the state prison for 2, 3, or 4 years and would increase the minimum amount of the fine from $1,000 to $2,000.
The bill would also require any person who causes an accident in which bodily injury to another person occurs or property damage occurs in the commission of the violation of the described offense, upon a felony conviction, to receive an enhancement of one year imprisonment in the state prison.
By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(3) Existing law makes it a misdemeanor punishable by confinement in a county jail for not more than one year or a felony punishable by imprisonment in the state prison for 3, 4, or 5 years or a specified fine, or both, for any person who commits the offense described in (1) above and proximately causes serious bodily injury, as defined, or death to any person.
This bill would recast the above as follows:
(a) Make the described offense exclusively a felony when death occurs and would make that offense punishable by imprisonment in the state prison for 5, 10, or 15 years.
(b) Make the above described offense exclusively a felony when great bodily injury, as defined, to another person occurs and would make that offense punishable by imprisonment in the state prison for 4, 6, or 10 years.
By increasing the punishment for a crime, this bill would impose a state-mandated local program. (4) 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2800.1 of the Vehicle Code is amended to read:

2800.1.
 (a)  A person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle, is guilty of a misdemeanor or a felony if all of the following conditions exist:
(1) The peace officer’s motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp.
(2) The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary.
(3) The peace officer’s motor vehicle is distinctively marked.
(4) The peace officer’s motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.
(b)  A person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s bicycle, is guilty of a misdemeanor if the following conditions exist:
(1) The peace officer’s bicycle is distinctively marked.
(2) The peace officer’s bicycle is operated by a peace officer, as defined in paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive uniform.
(3) The peace officer gives a verbal command to stop.
(4) The peace officer sounds a horn that produces a sound of at least 115 decibels.
(5) The peace officer gives a hand signal commanding the person to stop.
(6) The person is aware or reasonably should have been aware of the verbal command, horn, and hand signal, but refuses to comply with the command to stop.

SEC. 2.

 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 for two, three, or four years. In addition to the imposition of a prison term, the court may also impose a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000).
(b) (1) A person who causes an accident in which bodily injury to another person occurs or property damage occurs in the commission of a violation of subdivision (a) shall, upon a felony conviction, receive an enhancement of one year imprisonment in the state prison.
(2) Paragraph (1) does not apply in those cases in which a person is sentenced under subdivision (b) of Section 2800.3.
(c) For the 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. 3.

 Section 2800.3 of the Vehicle Code is amended to read:

2800.3.
 (a) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 causes an accident in which death to another person occurs, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for 5, 10, or 15 years.
(b) Whenever willful flight to attempt to elude a pursuing peace officer in violation of Section 2800.1 causes an accident in which serious bodily injury to another person occurs, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for 4, 6, or 10 years.
(c) In addition to the imposition of a prison term pursuant to subdivision (a) or (b), the count may impose 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.
(d) For the purposes of this section, “serious bodily injury” has the same meaning as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code.

SEC. 4.

 Section 40000.7 of the Vehicle Code is amended to read:

40000.7.
 A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a) Section 2416, relating to regulations for emergency vehicles.
(b) Section 2800, relating to failure to obey an officer’s lawful order or submit to a lawful inspection.
(c)  Subdivision (b) of Section 2800.1, relating to fleeing from a peace officer.
(d) Section 2801, relating to failure to obey a firefighter’s lawful order.
(e) Section 2803, relating to unlawful vehicle or load.
(f) Section 2813, relating to stopping for inspection.
(g) Subdivisions (b), (c), and (d) of Section 4461 and subdivisions (b) and (c) of Section 4463, relating to disabled person placards and disabled person and disabled veteran license plates.
(h) Section 4462.5, relating to deceptive or false evidence of vehicle registration.
(i) Section 4463.5, relating to deceptive or facsimile license plates.
(j) Section 5105.5, relating to environmental license plates.
(k) Section 5500, relating to the surrender of registration documents and license plates before dismantling may begin.
(l) Section 5506, relating to the sale of a total loss salvage vehicle, or of a vehicle reported for dismantling by a salvage vehicle rebuilder.
(m) Section 5753, relating to delivery of certificates of ownership and registration when committed by a dealer or any person while a dealer within the preceding 12 months.
(n) Section 5901, relating to dealers and lessor-retailers giving notice.
(o) Section 5901.1, relating to lessors giving notice and failure to pay fee.
(p) Section 8802, relating to the return of canceled, suspended, or revoked certificates of ownership, registration cards, or license plates, when committed by any person with intent to defraud.
(q) Section 8803, relating to return of canceled, suspended, or revoked documents and license plates of a dealer, manufacturer, remanufacturer, transporter, dismantler, or salesman salesperson.

SEC. 5.

 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.