Today's Law As Amended

PDF |Add To My Favorites | print page

AB-2088 Vehicles: hit-and-run accidents: pleas.(2015-2016)



SECTION 1.

 Section 13211 is added to the Vehicle Code, to read:

13211.
 If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 20002 in satisfaction of, or as a substitute for, an original charge of a violation of Section 20001, the prosecution shall state for the record the factual basis for the satisfaction or substitution, including whether or not the accident in which the defendant was involved was one in which another person was injured. This statement shall occur prior to both the defendant’s waiver of the right to a jury trial as to the charge of a violation of Section 20002 and the defendant’s waiver of the right to a jury trial described below. If the prosecution states for the record that the accident in which the defendant was involved was one in which another person was injured, the judge shall inform the defendant of the consequences specified in subdivisions (a) to (c), inclusive. If the defense admits that another person was injured in the accident or stipulates to the prosecution’s statement under this section and the defendant waives his or her right to a jury trial as to that fact, the court shall, upon accepting the defendant’s plea of guilty or nolo contendere as described in this section, order one of the following consequences:
(a) Suspension of the defendant’s privilege to operate a motor vehicle for a period of six months.
(b)  Restriction of the defendant’s privilege to operate a motor vehicle to necessary travel to and from that person’s place of employment for not more than six months. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may restrict the driving privilege to allow driving in that person’s scope of employment. Whenever a person’s driving privilege is restricted pursuant to this subdivision, the person shall be required to maintain proof of financial responsibility.
(c) Completion of community service, as the court deems appropriate, by the defendant.
This section shall become operative on January 1, 2018.
SEC. 2.
 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.