SR-06-24-2014-3Otwm City u cil Report
City of
Santa Monied
City Council Meeting: June 24, 2014
Agenda Item:
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Jacqueline Seabrooks, Chief of Police
Subject: Support of California Assembly Bill 1532
Recommended Action
Staff recommends that the City Council support Assembly Bill 1532 to create penalties
for non -injury hit - and -run incidents in which a person has been struck.
Executive Summary
Staff recommends that the City Council support Assembly Bill 1532 for enhanced
pedestrian, cyclist and driver safety. The Bill's author seeks to decrease the number of
hit - and -run incidents through this legislation and require at a minimum that drivers stop
and assess damages, citing a high number of hit - and -run incidents recently reported for
the City of Los Angeles. The Bill would increase the penalty for a person found guilty of
a misdemeanor hit - and -run in which a person has been hit, mandating that the person
shall lose his or her driver's license for six months. Existing law in the California Vehicle
Code does not have hit - and -run charges to address situations where a person is struck
but not injured.
Background
Existing law establishes three categories of hit - and -run charges. Charges are outlined
for hit - and -run incidents involving serious injury or death, incidents involving injury, and
incidents involving property damage. Existing law in the California Vehicle Code does
not have hit - and -run charges to address situations where a person is struck but not
injured.
Discussion
Bill 1532 requires the privilege to operate a motor vehicle be suspended for six months
for any person convicted of being the driver of a vehicle involved in an accident where a
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person, such as a pedestrian or bicyclist, is struck but not injured and the driver of the
vehicle leaves the scene of the accident without exchanging required information.
Specifically, this Bill would create Section 20002.5 in the California Vehicle Code that
1) Requires the driver of a vehicle involved in an accident where a person is struck
but not injured to immediately stop the vehicle at the scene of the accident and
give his or her name, current residence address, the names and current
residence addresses of any occupant of the driver's vehicle injured in the
accident, the registration number of the vehicle he or she is driving, and the
name and current residence address of the owner to the person struck and the
driver or occupants of any vehicle collided with, and to give the information to any
traffic or police officer at the scene of the accident.
2) Requires a driver or injured occupant of a driver's vehicle subject to the above
provision to also, upon being requested, exhibit his or her driver's license, if
available, or, in the case of an injured occupant, any other available identification,
to the person struck or the driver or occupants of any vehicle collided with, and to
any traffic or police officer at the scene of the accident.
3) Specifies that a person failing to comply with the above requirements is guilty of
a misdemeanor and, upon conviction, shall be punished by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding $1000, or both.
4) In addition to the punishment specified above, requires the Department of Motor
Vehicles (DMV) to immediately suspend the driver's license of the convicted
driver for six months.
The Bill's author AB1532 clearly sends the message that a driver should always stop
upon striking another person with a vehicle. The Bill's author seeks to decrease the
number of hit - and -run incidents through this legislation, requiring at a minimum that
drivers stop and assess damages, and cites a high number of hit - and -run incidents
recently reported for the City of Los Angeles.
Assembly Bill 1532 was introduced by State Assembly Member Gatto, with co- authoring
from Assembly Members Bloom, Gorell, Lowenthal, Maienschein, and Ting. The Bill
has been supported by the City of Los Angeles, City and County of San Francisco,
Contra Costa County, League of California Cities, and numerous non - profit groups
supporting walking, bicycling, and active transportation. The legislation complements
Santa Monica's efforts to improve the comfort and safety of all roadway users including
people walking, bicycling, taking transit or other modes as a part of their trip.
Alternatives
The Council could choose not to support AB 1532. If it does not pass, penalties for hit -
and -run incidents would remain unchanged; with no penalties for non -injury hit - and -run
incidents.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Francie Stefan, Strategic & Transportation Planning Manager
Approved:
David Martin, Director
Planning and Community Development
roved:
eli e Seabrooks
of Police
Attachments:
1) Assembly Bill 1532
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Forwarded to Council:
Rod Gould
City Manager
Today's Law As Amended
c evi i' t'II, /I1 1.
dPf LEGISL.ATiVE INFORMATION
AS -1532 Vehicle: accidents. (2013 -2014)
SECTION 1. Section 20005 is added to the Vehicle Code, to read:
Page I of I
20005. (a) The driver of a vehicle involved in an accident where a person is struck but not injured shall
immediately stop the vehicle at the scene of the accident, and shall also give his or her name, current residence
address, the names and current residence addresses of any occupant of the driver's vehicle injured in the
accident, the registration number of the vehicle he or she is driving, and the name and current residence
address of the owner to the person struck and the driver or occupants of any vehicle collided with, and shall
give the information to any traffic or police officer at the scene of the accident.
(b) A driver or injured occupant of a drivers vehicle subject to the provisions of subdivision (a) shall also, upon
being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other
available identification, to the person struck or the driver or occupants of any vehicle collided with, and to any
traffic or police officer at the scene of the accident.
(c) A person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine
not exceeding one thousand dollars (51,000), or by both that imprisonment and fine.
(d) in addition to the punishment in subdivision (c), the Department of Motor Vehicles shall immediately'
suspend the driver's license of the convicted driver for six months.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article X1178 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 X111 B of the California Constitution.
http : / /Ieginfo.legislature.ca.gov /faces /bilINavClient.xhtml 06/09/2014