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AB-195 Vehicle accidents: fleeing the scene of an accident. (2019-2020)

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Date Published: 06/26/2020 09:00 PM
AB195:v97#DOCUMENT

Amended  IN  Senate  June 26, 2020
Amended  IN  Senate  June 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 195


Introduced by Assembly Member Patterson Members Patterson, Eduardo Garcia, and Gipson
(Coauthors: Assembly Members Arambula, Bigelow, Flora, Gallagher, Gray, Lackey, and Mathis)
(Coauthors: Senators Bates, Borgeas, and Morrell)

January 10, 2019


An act to amend Section 50408 of, to add Sections 50408.5 and 50408.8 to, and to add and repeal Section 50408.7 of, the Health and Safety Code, relating to housing. An act to amend Section 20001 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 195, as amended, Patterson. Department of Housing and Community Development: housing bond programs. Vehicle accidents: fleeing the scene of an accident.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident.
Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements.
This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the violation of those requirements would be punishable by imprisonment in the state prison for 3, 4, or 6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.

Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. The department is responsible for administering various housing and home loan programs throughout the state. Existing law requires the department, on or before December 31 of each year, to submit an annual report containing specified information to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department.

This bill would require the department to include in those annual reports specified information relating to grant-based programs administered by the department, including the amount of the original awards to recipients, the portions not yet disbursed to recipients, and an estimate of how many individuals could benefit from the remaining balance.

This bill would require the Business, Consumer Services, and Housing Agency to monitor the department’s efforts, including the collection of performance reports, and until January 1, 2024, to annually report to the Legislature. The bill would require the department to take certain actions by January 1, 2021, with respect to monitoring its housing bond programs, including developing, and begin implementing, a plan for performing onsite visits of CalHome Program recipients, determining the usability of the Consolidated Automated Program Enterprise System (CAPES) for the housing bond programs, and developing, and begin implementing, a long-term plan for the department to address instances when the department has exceeded its administrative spending limits.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as Gavin’s Law.

SEC. 2.

 Section 20001 of the Vehicle Code is amended to read:

20001.
 (a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or that driver, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b) (1) Except as provided in paragraph (2), a If the accident described in subdivision (a) results in injury, other than a permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a 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 imprisonment and fine.
(2) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(3) Except as provided in subdivision (c), if the accident described in subdivision (a) results in death, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for three, four, or six years, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

(3)

(4) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant’s ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d) As used in this section, “permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ.

SECTION 1.Section 50408 of the Health and Safety Code is amended to read:
50408.

(a)On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity.

(b)The report shall include all of the following information:

(1)The number of units assisted by those programs.

(2)The number of individuals and households served and their income levels.

(3)The distribution of units among various areas of the state.

(4)The amount of other public and private funds leveraged by the assistance provided by those programs.

(5)Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups.

(6)The information required to be reported pursuant to Section 17031.8.

(7)(A)An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article.

(B)The evaluation shall include, but is not limited to, the following information:

(i)Performance outcome data including, but not limited to, housing stability, housing exit information, and tenant satisfaction, which may be measured by a survey, and changes in income, benefits, and education.

(I)For purposes of this paragraph, the term “housing stability” includes, but is not limited to, how many tenants exit transitional housing to permanent housing or maintain permanent housing, and the length of time those tenants spent in assisted units.

(II)For purposes of this paragraph, the term “housing exit information” includes, but is not limited to, the following:

(ia)How many tenants left assisted units.

(ib)The length of tenancy in assisted units.

(ic)The reason those tenants left assisted units, when that information is readily obtainable.

(id)The housing status of a tenant exiting an assisted unit upon exit when that information is readily available.

(ii)Client data, which may include, but is not limited to, demographic characteristics of the veteran and the veteran’s family, educational and employment status of the veteran, and veteran-specific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility.

(8)An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines.

(9)The information required to be reported pursuant to Section 50408.5.

SEC. 2.Section 50408.5 is added to the Health and Safety Code, to read:
50408.5.

For each grant-based program administered by the department, the department shall report the following information in the annual report required pursuant to Section 50408:

(a)The amount of the original awards to recipients, the portions not yet disbursed to recipients, and an estimate of how many individuals could benefit from the remaining balance.

(b)Any extensions the department granted to the standard agreement and the number of, and reason for, those extensions.

(c)The total balance of all recipients’ reuse accounts, detailing the loan payments recipients are required to reissue for program purposes and an estimate of how many households could benefit from the balance.

(d)A description of the department’s monitoring efforts, including the collection of performance reports and the results of the risk assessments and on-site monitoring.

SEC. 3.Section 50408.7 is added to the Health and Safety Code, to read:
50408.7.

(a)The Business, Consumer Services, and Housing Agency shall monitor the department’s efforts, including the collection of performance reports and the results of the risk assessments and on-site monitoring, and shall annually report to the Legislature on or before December 31 of each year.

(b)Every report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(c)This section is repealed on January 1, 2024, pursuant to Section 10231.5 of the Government Code.

SEC. 4.Section 50408.8 is added to the Health and Safety Code, to read:
50408.8.

By January 1, 2021, the department shall do all of the following:

(a)Obtain all required performance reports for its grant-based programs, including the CalHome Program and the Building Equity and Growth in Neighborhoods (BEGIN) Program, develop a plan for performing onsite visits of CalHome recipients, and begin performing onsite visits of CalHome recipients.

(b)Determine the usability of the Consolidated Automated Program Enterprise System (CAPES) for the housing bond programs and decide, based on that determination, whether management should enforce the use of CAPES by staff, and develop a plan to address the feasibility of continuing to develop CAPES.

(c)Develop, and begin implementing, a long-term plan for how the department will address instances when the department has exceeded its administrative spending limits and how the department will avoid exceeding the limits of the programs in immediate danger of exceeding spending limits. This subdivision shall not be construed to authorize the department to exceed its administrative spending limitations.