Bill Text: CA AB1951 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Vehicles: traffic offenses: punishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-19 - In committee: Held under submission. [AB1951 Detail]

Download: California-2009-AB1951-Amended.html

---

BILL NUMBER: AB 1951	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 9, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 17, 2010

   An act to  amend Section 13385 of   add
Section 23106 to  the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1951, as amended, Ammiano. Vehicles:  driver's license
application form: signed declaration.   misdemeanor:
  collision: pedestrian and bicyclist.  
   (1) Under existing law, a person who operates a vehicle in willful
or wanton disregard for the safety of persons or property is guilty
of a misdemeanor. Existing law specifies punishment for a person
found guilty of this offense.  
   This bill would provide that a person operating a motor vehicle in
a grossly negligent manner resulting in a collision of the motor
vehicle with a pedestrian or bicyclist is guilty of a misdemeanor.
The bill would specify the punishment for a person convicted of
violating this provision and would require the accused to be present
in all court proceedings related to the prosecution of the violation.
 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law requires that all application forms for driver's
licenses or driver's license renewal notices include a requirement
that the applicant sign a specified declaration as a condition of
licensure in the same language as the application or renewal notice.
The signed declaration requires that the applicant acknowledge that
being under the influence of alcohol or drugs, or both, impairs the
ability to safely operate a motor vehicle, is extremely dangerous to
human life, and that if he or she drives while under the influence of
alcohol or drugs, or both, and as a result, a person is killed, the
applicant can be charged with murder.  
   This bill would require the applicant to sign an additional
declaration regarding the dangers of careless driving or driving in a
manner that endangers or would be likely to endanger any person or
property. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 23106 is added to the 
 Vehicle Code   , to read:  
   23106.  (a) A person operating a motor vehicle upon a highway in a
grossly negligent manner resulting in a collision of the motor
vehicle with a pedestrian or bicyclist causing an injury to the
pedestrian or bicyclist is guilty of a misdemeanor.
   (b) A person convicted of violating subdivision (a) shall be
punished by a fine of not more than one thousand dollars ($1,000) and
shall be required to complete a course of instruction at a licensed
traffic violator school.
   (c) A person accused of violating subdivision (a) shall be present
in all court proceedings related to the prosecution of the
violation. 
   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.  
  SECTION 1.    Section 13385 of the Vehicle Code is
amended to read:
   13385.  (a) All application forms for driver's licenses or driver'
s license renewal notices shall include a requirement that the
applicant sign the following declarations as a condition of
licensure:
   "I am hereby advised that being under the influence of alcohol or
drugs, or both, impairs the ability to safely operate a motor
vehicle. Therefore, it is extremely dangerous to human life to drive
while under the influence of alcohol or drugs, or both. If I drive
while under the influence of alcohol or drugs, or both, and as a
result, a person is killed, I can be charged with murder."
   "I am hereby advised that careless driving or driving in a manner
that endangers or would be likely to endanger any person or property
is extremely dangerous to human life. If I drive in such a careless
manner and a person is injured I can be charged with assault or
battery and if a person is killed, with manslaughter."
   (b) On all application forms for driver's licenses or driver's
license renewal notices printed by the department, in English or a
language other than English, the department shall include the
declaration in the same language as the application or renewal
notice.
   (c) The department is not, incident to this section, required to
maintain, copy, or store any information other than that to be
incorporated into the standard application form.