BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 719|
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THIRD READING
Bill No: SB 719
Author: Romero (D) and Margett (R), et al
Amended: 5/19/05
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : Not relevant
SENATE JUDICIARY COMMITTEE : 7-0, 5/10/05
AYES: Dunn, Morrow, Ackerman, Cedillo, Escutia, Figueroa,
Kuehl
SENATE APPROPRIATIONS COMMITTEE : 13-0, 5/26/05
AYES: Migden, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Murray, Ortiz, Poochigian,
Romero
SUBJECT : Police pursuits
SOURCE : California Peace Officers Association
California Police Chiefs Association
California State Sheriffs Association
Peace Officers Research Association of
California
DIGEST : This bill narrows the available immunity for
public entities that employ peace officers when a third
party is injured or killed in a collision with a person
fleeing from peace officer pursuit. Such entities are
immune only if they (1) adopted and promulgated a policy
for safe conduct of motor vehicle pursuits that met minimum
state standards, and (2) provided regular and periodic
CONTINUED
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training for their officers regarding safe pursuits. This
bill establishes that a victim who is injured or killed by
any party in a peace officer pursuit may be compensated by
the Restitution Fund. This bill requires the Department of
Motor Vehicles to add a question to the drivers' license
test regarding the risks and punishments for fleeing police
pursuit in a motor vehicle. This bill increases criminal
penalties for willfully fleeing or attempting to evade
police pursuit in a motor vehicle. This bill expands the
data regarding such pursuits that is reportable to the
Department of the California Highway Patrol (CHP), and
requires that reports be made to CHP within 30 days of a
pursuit.
ANALYSIS : Existing law declares that a public entity is
liable when an employee acting within the scope of his/her
employment causes death or injury to person or property
through a negligent or wrongful act or omission in the
operation of any motor vehicle.
Existing law establishes, however, that a public agency
which employs peace officers is immune from liability for
damages caused to people or property in a collision with a
vehicle being operated by an actual or suspected violator
of the law who is being pursued by a peace officer in a
motor vehicle, so long as the agency has adopted a written
policy for the safe conduct of vehicular pursuits, as
specified.
Existing law requires courses to be established to train
law enforcement officers in the handling of high-speed
vehicle pursuits, such courses are required for basic
training, but only encouraged for advanced officer
training.
Existing law also requires the development of minimum state
guidelines for response to such pursuits, and states it is
the intent of the Legislature that all local law
enforcement agencies will adopt the minimum guidelines.
This bill establishes that a public agency employing peace
officers is only immune from such liability if it adopts
and promulgates a written policy on safe vehicular
pursuits, and provides regular and periodic training for
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such pursuits.
This bill specifies that "promulgation of the written
policy" under this bill shall include, but is not limited
to, a requirement that all peace officers of the public
agency certify in writing that they have received and read
the policy and understand the policy. The failure of an
individual officer to sign a certification shall not be
used to impose individual officer's liability or a public
entity's liability. "Regular and periodic training" under
this bill means annual training that shall include, at a
minimum, coverage of each of the subjects and elements set
forth in subdivision (c) and that shall comply, at a
minimum, with the training guidelines established pursuant
to Section 13519.8 of the Penal Code.
This bill requires every local law enforcement agency to
adopt high-speed pursuit policies and require regular and
periodic training (both basic and advanced) in accord with
minimum state guidelines.
Existing law provides that victims of crime are eligible
for compensation from the Restitution Fund only when
specified circumstances are met. No act involving the
operation of a motor vehicle that results in injury or
death constitutes a crime for this purpose, except as
specified.
This bill establishes that a victim who suffers injury or
death caused by any party in a police pursuit is eligible
for compensation from the Restitution Fund.
Existing law requires the Department of Motor Vehicles
(DMV) to include questions in its drivers' license tests to
verify that applicants understand the following: the table
of blood alcohol concentration (BAC), the amount of alcohol
necessary to reach 0.08 BAC, the rights of pedestrians,
and that dumping animals on a highway is a criminal offense
that may create a severe traffic safety hazard.
This bill requires DMV to also include a question to verify
that applicants understand the risks and punishments
associated with attempting to elude a peace officer in
pursuit.
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Existing law provides that a person who uses a motor
vehicle to willfully flee or attempt to evade a pursuing
peace officer's motor vehicle or bicycle is guilty of a
misdemeanor, punishable by up to six months imprisonment in
county jail.
This bill makes that offense a serious misdemeanor,
punishable by up to a year in county jail.
Existing law provides that a person who violates Section
2800.1 in willful or wanton disregard for the safety of
persons or property (e.g., while committing three or more
specified traffic violations) shall be punished by
imprisonment of 16, 24 or 36 months in state prison, or six
months to one year in county jail.
This bill increases that punishment to imprisonment in
state prison for two, three, or four years, or imprisonment
in county jail for six months to one year.
Existing law provides that a person who violates Section
2800.1 and proximately causes death or serious bodily
injury shall be punished by imprisonment in state prison
for three, four, or five years, or imprisonment in county
jail for not more than one year.
This bill increases that punishment in cases where the
offense causes serious bodily injury to imprisonment in
state prison for three, five, or seven years, or
imprisonment in county jail for not more than one year. In
cases where the offense causes a death, the punishment
would be imprisonment in state prison for four, six, or ten
years.
Existing law requires state and local law enforcement
agencies to report "all vehicle pursuit data" to the CHP,
including (1) the violations that caused the pursuit to be
initiated, (2) the methods used to stop the suspect, (3)
whether a person involved in the pursuit was injured, (4)
the names of the officers involved, and (5) the charges
filed by the district attorney.
This bill requires motor vehicle pursuit data to be
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reported to the CHP within 30 days of a vehicular pursuit
on a form (to be established by the CHP) that includes, in
addition to the information currently required: (1) all
charges filed by the court by the district attorney, (2)
conditions of the pursuit (such as duration, time of day,
weather conditions, maximum speeds, etc.), (3) whether the
pursuit resulted in a collision that injured or killed an
uninvolved third party, and (4) how the pursuit was
terminated.
This bill requires the CHP to submit annually to the
Legislature a report that includes, but is not limited to,
the following information:
1. The number of motor vehicle pursuits reported to the CHP
during that year.
2. The number of those motor vehicle pursuits that
reportedly resulted in a collision in which an injury or
fatality to an uninvolved third party occurred.
3. The total number of uninvolved third parties who were
inured or killed as a result of those collisions during
that year.
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This bill makes the following legislative findings:
1. Thousands of crime suspects flee each year, causing law
enforcement officers to engage in motor vehicle
pursuits. Such pursuits result in accidents, property
damage, serious injuries, and death of innocent third
parties, peace officers, and fleeing suspects.
2. Such pursuits present inescapable and inherent risks.
3. California has led the nation in the past 20 years in
fatalities resulting from such pursuits, according to
the National Highway Safety Administration.
4. California also leads the nation in the number of
innocent bystanders killed in such pursuits. In 2003,
innocent bystanders were 12 of the 46 people killed in
such pursuits.
5. Driving in pursuit is a dangerous activity that must be
undertaken with due care, an understanding of the risks,
and a proportionate response to the need to apprehend
the fleeing suspect.
6. The law provides that a person who is negligent in the
operation of a motor vehicle may be liable for civil
damages.
7. The primary function of law enforcement agencies is to
protect the public.
8. It is the intent of the Legislature to enact legislation
to guide instances where motor vehicle pursuits are
warranted to protect the public.
9. It is the intent of the Legislature to decrease such
pursuits through public education, enforcement, and
regular and periodic training of peace officers.
10.It is the intent of the Legislature to eliminate any
unnecessary risks caused by motor vehicle pursuits, and
ensure that such pursuits are conducted in the safest
and most effective way.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
Increased penalties Annual costs likely in the
$500 range General
Drivers' test Minor, absorbable costs
General
State-mandated local -- --
--Various
program (peace officer
training)
CHP: form development Minor, absorbable
costsGeneral
Restitution Unknown, likely not
significantSpecial*
* Restitution Fund
SUPPORT : (Verified 5/31/05)
California Peace Officers' Association (co-source)
California Police Chiefs' Association (co-source)
California State Sheriffs' Association (co-source)
Peace Officers Research Association of California
(co-source)
Department of the California Highway Patrol
ARGUMENTS IN SUPPORT : The bill's sponsor, Peace Officers
Research Association of California (PORAC), states:
"SB 719 is a well thought out approach to the
escalating danger of high-speed vehicle pursuits. This
measure attempts to put into place a zero tolerance
program, much like the laws that have been passed over
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the last decade and a half relating to drunk driving,
wherein we incorporate tough penalties to curb bad
behavior, increase training and mandatory policies for
peace officers by agencies, and [institute] a public
education program?"
PORAC concedes that the measures in this bill will not
"stop high-speed pursuits overnight," but argues "education
and tougher penalties will clearly
help to reduce these very dangerous situations and
hopefully will stop senseless deaths."
RJG:mel 5/31/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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