AB 2328
Vehicles: leaving the scene of an accident.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Bill overview
This bill amends California Vehicle Code Section 20001 to increase the penalties for drivers who leave the scene of an accident resulting in injury. Specifically, if an accident results in death or permanent, serious injury, the penalty for failing to stop at the scene will be imprisonment in state prison for 3, 4, or 5 years, or in county jail for 90 days to one year, along with a fine. Currently, the penalty for such violations is higher when death or permanent, serious injury occurs. The bill also includes a provision requiring the Director of Health Care Services to report on the effectiveness of the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program by June 30, 2027.
Key provisions
- Increases the potential prison sentence for failing to stop at the scene of an accident resulting in death or permanent, serious injury to 3-5 years in state prison or 90 days to 1 year in county jail.
- Maintains the current penalty (1-year imprisonment or fine) for accidents resulting in injury that is not permanent or serious.
- Requires the Director of Health Care Services to report on the effectiveness of the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program by June 30, 2027.
- Establishes a reporting requirement for the grant program's effectiveness and recommendations for improvement.
- Adds a new section to the Welfare and Institutions Code regarding the reporting requirements.
Who is affected
- Drivers of vehicles
- Pedestrians and occupants of other vehicles involved in accidents
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AB2328:v98#DOCUMENT
Bill Start
| Amended IN Assembly March 19, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2328
| Introduced by Assembly Member Alanis |
| February 19, 2026 |
An act to add and repeal Section 4391 of the Welfare and Institutions Code, relating to mental health. amend Section 20001 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2328, as amended, Alanis. School-based early mental health intervention and prevention services. Vehicles: leaving the scene of an accident.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, 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. Under existing law, if a vehicle accident results in injury, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison, or in a county jail for not more than one year, or by a specified fine, or both the imprisonment and fine. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law requires a person who flees the scene of the crime after committing specified vehicle manslaughter while intoxicated or vehicle manslaughter to be punished for an additional term of imprisonment of 5 years in the state prison, upon conviction, and in addition and consecutive to the punishment prescribed.This bill would instead require a person who violates the requirement to stop to be subject to punishment by imprisonment in the state prison for 3, 4, or 5 years, or in a county jail for not less than 90 days nor more than one year, and by a specified fine, if the vehicle accident results in death.
Existing law, subject to funding by the Legislature, establishes the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program, under which the Director of Health Care Services, in consultation with the Superintendent of Public Instruction, is authorized to award matching grants to local educational agencies to pay the state share of the costs of providing programs that provide school-based early mental health intervention and prevention services to eligible pupils at schoolsites, as specified.
This bill would require the Director of Health Care Services to, on or before June 30, 2027, report to the Legislature on the effectiveness of the grant program and legislative recommendations for improving the effectiveness of the grant program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
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 himself or herself, that driver, 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) Except as provided in paragraph (2), If the accident described in subdivision (a) results in injury, other than a permanent, serious injury, 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.
(2) 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.
(3) Except as provided in subdivision (c), if the accident described in subdivision (a) results in death, 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)
(4) 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.
SECTION 1.Section 4391 is added to the Welfare and Institutions Code, to read:
4391.
(a)On or before June 30, 2027, the Director of Health Care Services shall report to the Legislature on the effectiveness of the grant program and legislative recommendations for improving the effectiveness of the grant program.
(b)(1)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.