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AB-509 Vehicles: fleeing a peace officer. (2009-2010)

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Amended  IN  Assembly  April 02, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 509

Introduced  by  Assembly Member Anderson

February 24, 2009

An act to amend Section 2800.2 of, and to add Section 2800.25 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 509, as amended, Anderson. Vehicles: fleeing a peace officer.
Existing law makes it a misdemeanor for a person operating a motor vehicle to willfully flee or otherwise attempt to elude a pursuing peace officer’s motor vehicle under certain conditions. If the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the offense is punishable as a misdemeanor or a felony.
This bill would revise these provisions of existing law to codify the provision relating to willful or wanton disregard for the safety of persons separately from the provision relating to willful or wanton disregard for the safety of property. The bill would delete the definition of “willful or wanton disregard for the safety of persons.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.
 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, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.

SEC. 2.

 Section 2800.25 is added to the Vehicle Code, to read:

2800.25.
 (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 property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year, or by a fine of not more less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(b) For the purposes of this section, a willful or wanton disregard for the safety of 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.