BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 719| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 719 Page 2 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 SB 719 Page 3 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. SB 719 Page 4 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 SB 719 Page 5 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. SB 719 Page 6 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. SB 719 Page 7 SB 719 Page 8 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 SB 719 Page 9 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 **** END ****