BILL ANALYSIS                                                                                                                                                                                                    






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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  
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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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