Today's Law As Amended


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



As Amends the Law Today


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, or  by confinement imprisonment  in the county jail for not less than six months nor  more than one year. The court may also impose  year, or by  a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose  by  both that imprisonment or confinement and fine. 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.
 (a)  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, five,  or seven four  years, by imprisonment in a 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.
(b) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death to a person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for a term of 4, 6, or 10 years.
(c) Nothing in this section shall preclude the imposition of a greater sentence pursuant to Section 190 of the Penal Code or any other provisions of law applicable to punishment for an unlawful death.
(d)  For the  purposes of this section, “serious bodily injury” has the same meaning as defined in paragraph (4) (5)  of subdivision (f) of Section 243 of the Penal Code.