California 2015-2016 Regular Session Status: To Executive Bipartisan · 1 R · 1 D cosponsors

AB 2088 — Vehicles: hit-and-run accidents: pleas.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the driver of a vehicle involved in an accident involving either injury to a person other than the driver, or the death of a person, to immediately stop and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law requires the Department of Motor Vehicles to immediately revoke the driving privileges of a person convicted of a violation of that provision. Existing law requires the driver of a vehicle involved in an accident involving only damage to property, or a person who parks a vehicle that becomes a runaway vehicle and damages property, to stop, as applicable, and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law authorizes a court to suspend the driving privileges of a person convicted of a violation of that provision for not more than 6 months. This bill would, commencing January 1, 2018, require a prosecutor who agrees to accept a plea of guilty or nolo contendere from a defendant for a charge of a violation of the latter provision described above in satisfaction of, or as a substitute for, a charge for a violation of the former provision to state on the record whether or not the accident in which the defendant was involved was one in which another person was injured. The bill would require the prosecutor's statement to occur prior to the defendant's waiver of the right to a jury trial. 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 bill would require the judge to inform the defendant of the consequences described below. If the defense admits that another person was injured in the accident or stipulates to the prosecution's statement and the defendant waives his or her right to a jury trial as to that fact, the bill would require the court, upon accepting the defendant's plea of guilty or nolo contendere, to order the suspension of the defendant's driving privileges for a period of 6 months, the restriction of the defendant's driving privileges to employment purposes only, as specified, for no more than 6 months, or completion of community service, as the court deems appropriate. By changing the penalty for a crime, the bill would impose a state-mandated local program. 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 2. Page 6132.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5057.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0.) (August 1).

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 21). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 2. Page 4816.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (April 20).

  18. Re-referred to Com. on APPR.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 29). Re-referred to Com. on APPR.

  21. Re-referred to Com. on PUB. S.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  23. Referred to Com. on PUB. S.

  24. From printer. May be heard in committee March 19.

  25. Read first time. To print.

Sponsors

  • Chang · Cosponsor
  • James Gallagher · Cosponsor
  • Hadley · Cosponsor
  • Kim · Cosponsor
  • Linder · Primary
  • Maienschein · Cosponsor
  • Waldron · Cosponsor
  • Robert Garcia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on · 1 voted No

Sponsors (1)

  • Linder

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2088 LINDER Concurrence in Senate Amendments

Passed 78 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 68200
Democratic 5000
Republican 5000
Total 78200
% of votes cast 98%3%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Kim — Yea
Low — Yea
Mathis — Yea
Melendez — Yea
O'Donnell — Yea
Quirk — Nay
Steinorth — Yea
Wagner — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Chau — Yea
Chu — Yea
Salas — Yea
Harper — Yea
Linder — Yea
Mayes — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Gatto — Yea
Gomez — Yea
Burke — Yea
Gordon — Yea
Gray — Yea
Jones-Sawyer — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Levine — Yea
Baker — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
Maienschein — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wilk — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2088 Linder By Stone

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Glazer — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Hill — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2088 LINDER Assembly Third Reading

Passed 76 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 66202
Democratic 5000
Republican 5000
Total 76202
% of votes cast 95%3%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Maienschein — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Wood — Yea
Burke — Yea
Chau — Yea
Eggman — Yea
Chu — Yea
Dababneh — Not Voting
Chang — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Atkins — Yea
Hadley — Yea
Mathis — Yea
Quirk — Nay
Steinorth — Yea
Ting — Yea
Campos — Yea
Salas — Yea
Chiu — Yea
Bonilla — Yea
Gatto — Yea
Gray — Yea
Harper — Yea
Holden — Yea
Lopez — Yea
Alejo — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Dodd — Yea
Jones-Sawyer — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Wagner — Yea
Wilk — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 15 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 12004
Democratic 2000
Republican 1001
Total 15005
% of votes cast 75%0%0%25%
How each member voted (20)
Member Party Vote
Bloom — Yea
Holden — Not Voting
Wagner — Yea
Eggman — Yea
Bonilla — Not Voting
Chang — Yea
Bigelow — Yea
Daly — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Weber — Not Voting
Wood — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 2088 do?
Existing law requires the driver of a vehicle involved in an accident involving either injury to a person other than the driver, or the death of a person, to immediately stop and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law requires the Department of Motor Vehicles to immediately revoke the driving privileges of a person convicted of a violation of that provision. Existing law requires the driver of a vehicle involved in an accident involving only damage to property, or a person who parks a vehicle that becomes a runaway vehicle and damages property, to stop, as applicable, and fulfill specified reporting requirements. Existing law provides that failure to fulfill those requirements is a crime. Existing law authorizes a court to suspend the driving privileges of a person convicted of a violation of that provision for not more than 6 months. This bill would, commencing January 1, 2018, require a prosecutor who agrees to accept a plea of guilty or nolo contendere from a defendant for a charge of a violation of the latter provision described above in satisfaction of, or as a substitute for, a charge for a violation of the former provision to state on the record whether or not the accident in which the defendant was involved was one in which another person was injured. The bill would require the prosecutor's statement to occur prior to the defendant's waiver of the right to a jury trial. 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 bill would require the judge to inform the defendant of the consequences described below. If the defense admits that another person was injured in the accident or stipulates to the prosecution's statement and the defendant waives his or her right to a jury trial as to that fact, the bill would require the court, upon accepting the defendant's plea of guilty or nolo contendere, to order the suspension of the defendant's driving privileges for a period of 6 months, the restriction of the defendant's driving privileges to employment purposes only, as specified, for no more than 6 months, or completion of community service, as the court deems appropriate. By changing the penalty for a crime, the bill would impose a state-mandated local program. 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.
Who sponsors AB 2088?
AB 2088 is sponsored by Chang, Gallagher, James (Republican), Hadley, Kim, Linder, Maienschein, Waldron, and Garcia, Robert (Democratic).
What is the current status of AB 2088?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2088?
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