Driving under the influence and other driving offenses: comprehensive reform., the official text

An act to amend Sections 20001 and 23635 of the Vehicle Code, relating to driving offenses.

LEGISLATIVE COUNSEL'S DIGEST

Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions.
Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined.
This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person’s death, they may be charged with murder.
This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.

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

SECTION 1.
Section 20001 of the Vehicle Code is amended to read:
20001.
(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b) (1) (A) Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B) A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(2) (A) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B) If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for three, four, or five years, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(3) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant’s ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d) As used in this section, “permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ.

SEC. 2.
Section 23635 of the Vehicle Code is amended to read:
23635.
(a) This section shall be known, and may be cited, as Braun’s Law.
(b) When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
(c) When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the “interests of justice,” the written statement shall specify all of the factors which contributed to this conclusion.
(d) If a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.

SEC. 3.
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.