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AB-2673 Civil compromise: hit and run.(2013-2014)



Current Version: 09/04/14 - Enrolled

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AB2673:v97#DOCUMENT

Enrolled  September 04, 2014
Passed  IN  Senate  August 28, 2014
Passed  IN  Assembly  May 15, 2014
Amended  IN  Assembly  May 06, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2673

Introduced by Assembly Member Bradford

February 21, 2014

An act to amend Section 1377 of the Penal Code, relating to civil compromise.


LEGISLATIVE COUNSEL'S DIGEST


AB 2673, Bradford. Civil compromise: hit and run.
Existing law allows for the civil compromise of a misdemeanor offense if the person injured by the commission of the misdemeanor appears before the court and acknowledges that he or she has received satisfaction for the injury. On payment of the costs incurred, existing law allows the court to order all proceedings stayed and discharge the defendant from prosecution. Existing law prohibits civil compromise in certain cases, including, among others, cases involving domestic violence, elder abuse, and child abuse.
Existing law requires a driver of a vehicle involved in an accident resulting in the injury or death of another person to immediately stop the vehicle at the scene of the accident, among other requirements.
This bill would prohibit the civil compromise of a misdemeanor that was committed in violation of the above requirement to stop the vehicle at the scene of an accident.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1377 of the Penal Code is amended to read:

1377.
 When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of the duties of his or her office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) In violation of any court order as described in Section 273.6 or 273.65.
(e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code.
(g) Upon a child, as described in Section 647.6 or 11165.6.
(h) In violation of subdivision (a) of Section 20001.