Driving under the influence and other driving offenses: comprehensive reform.
SB 907
California Bills
20250SB__090796AMD INTRODUCED 2026-01-22 AMENDED_SENATE 2026-04-09 AMENDED_SENATE 2026-05-18 AMENDED_ASSEMBLY 2026-07-02 2025 SB AMD Introduced by Senator Archuleta (Principal coauthors: Assembly Members Lackey and Petrie-Norris) (Coauthors: Senators Blakespear, Grove, Hurtado, Niello, Ochoa Bogh, Seyarto, Strickland, and Umberg) (Coauthors: Assembly Members Quirk-Silva and Stefani) LEAD_AUTHOR SENATE Archuleta PRINCIPAL_COAUTHOR ASSEMBLY Lackey PRINCIPAL_COAUTHOR ASSEMBLY Petrie-Norris COAUTHOR SENATE Blakespear COAUTHOR SENATE Grove COAUTHOR SENATE Hurtado COAUTHOR SENATE Niello COAUTHOR SENATE Ochoa Bogh COAUTHOR SENATE Seyarto COAUTHOR SENATE Strickland COAUTHOR SENATE Umberg COAUTHOR ASSEMBLY Quirk-Silva COAUTHOR ASSEMBLY Stefani
An act to amend Sections and of the Vehicle Code, relating to driving offenses. driving offenses Driving under the influence and other driving offenses: comprehensive reform. Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. This bill would impose for a person convicted of certain driving under the influence offenses an additional 3-year term for each prior conviction of those offenses occurring within years, as specified.
By imposing a sentencing enhancement, this bill would establish a state-mandated local program.</xhtml:p><xhtml:p>Existing law requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide specified personal information to the driver of the other vehicle. Existing law makes failing to comply with these requirements a misdemeanor.
Existing</xhtml:p>"?> Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, 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.
Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined.
This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person’s death, they may be charged with murder. This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described. 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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section 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 themselves, 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 and 20004. (b) (1) (
A) Except as provided in subparagraph (
B) and in paragraph (2), 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. (
B) A person who violates subdivision (
a) within years of a separate violation of
Section 23103, as specified in
Section 23103.5, 23152, or 23153, or a violation of
Section 191.5 of the Penal Code, or paragraph (1) of subdivision (
c) of
Section of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years, 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) (
A) 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 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. (
B) If the accident described in subdivision (
a) results in death or permanent, serious injury, and the violation of subdivision (
a) occurred within years of a separate violation of
Section 23103, as specified in
Section 23103.5, 23152, or 23153, or a violation of
Section 191.5 of the Penal Code, or paragraph (1) of subdivision (
c) of
Section of the Penal Code, that resulted in a conviction, 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 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) 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 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. <caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'20002.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Vehicle Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_AF9D3FE5-EE97-42A5-BE4B-12347EFC8E9B"><caml:Num>20002.</caml:Num><caml:LawSectionVersion id="id_F45EFC44-679E-4F8C-A8BB-23352D49C6A2"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.
Moving the vehicle in accordance with this subdivision does not affect the question of fault.
The driver shall also immediately do either of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present their driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property.
The information presented shall include the current residence address of the driver and of the registered owner.
If the registered owner of an involved vehicle is present at the scene, they shall also, upon request, present their driver’s license information, if available, or other valid identification to the other involved parties.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this
section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this
section for failure to comply with the requirements.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Any person failing to comply with all the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A violation of this
section occurring within years of a separate violation of
Section 23103, as specified in
Section 23103.5, 23152, or 23153, or a violation of
Section 191.5 of, or paragraph (1) of subdivision (
c) of
Section of, the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_026CC11C-A1EA-41D6-AE08-F98FACCFA607"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23583'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section is added to the <caml:DocName>Vehicle Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_9D783B86-9A5B-4B0E-8AC6-413FE0933859"><caml:Num>23583.</caml:Num><caml:LawSectionVersion id="id_92438C5C-29DE-458D-A291-C6E2303E3A3C"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>For a person convicted of an offense enumerated in subdivision (
b) for which a prison sentence or a sentence of imprisonment pursuant to subdivision (
h) of
Section of the Penal Code is imposed and is not suspended, the court shall impose, in addition and consecutive to any other sentence, a 3-year term for each prior separate conviction of an offense enumerated in subdivision (b), except that an additional term shall not be imposed under this subdivision for any prior conviction suffered prior to a period of years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (
h) of
Section of the Penal Code or any felony sentence that is not suspended.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>This
section applies to all of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A felony violation of
Section or 23153.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>An offense punishable pursuant to
Section or 23550.5.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A violation of
Section 191.5 of the Penal Code.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>
SEC. 2.
Section of the Vehicle Code is amended to read: 23635. (
a) This
section shall be known, and may be cited, as Braun’s Law. (
b) When an allegation of a violation of
Section is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of
Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking. (
c) When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the “interests of justice,” the written statement shall specify all of the factors which contributed to this conclusion. (
d) If a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of
Section 23152, the court shall give an advisement pursuant to
Section 23593.
SEC. 3. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of