AB 55

Under current law, no person may endanger the safety of any person or property

by the negligent operation of a vehicle, commonly referred to as “reckless driving.”

Under the bill:

1. The penalty for reckless driving is increased from a forfeiture of $25 to $200

to a forfeiture of $50 to $400.

2. The penalty for a second or subsequent reckless driving offense is increased

from a fine of $50 to $500 to a fine of $100 to $1,000. Current law increases the

penalty for a second reckless driving offense only if the person committed the second

offense within four years of the first offense. Under the bill, a person who commits

a second reckless driving offense is subject to the increased penalties regardless of

whether the person commits the offense within four years of the person's first offense.

Under current law, a person who commits a second or subsequent reckless driving

offense may also be imprisoned for not more than one year in the county jail. This

penalty is unchanged.

3. The penalty for recklessly endangering safety by unlawfully driving across

a railroad crossing when required to stop is increased from a forfeiture of $300 to

$1,000 to a forfeiture of $600 to $2,000.

4. The penalty for reckless driving that causes bodily harm to another is

increased from a fine of $300 to $2,000 to a fine of $600 to $4,000. Under current law,

a person who causes bodily harm to another in the course of a reckless driving offense

may also be imprisoned for not less than 30 days nor more than one year in the county

jail. The bill increases the term of imprisonment for this offense to not less than 60

days nor more than two years in the county jail.

5. The penalty for reckless driving that causes great bodily harm to another is

increased from a Class I felony to a Class H felony. The penalty for a Class I felony

is a fine not to exceed $10,000 or imprisonment not to exceed three years and six

months, or both. The penalty for a Class H felony is a fine not to exceed $10,000 or

imprisonment not to exceed six years, or both.

Current law imposes various surcharges against persons who violate certain

laws. These surcharges must be paid in addition to any fine or forfeiture imposed

for the violation. The driver improvement surcharge and safe ride surcharge are

imposed on those who violate certain provisions related to operating while

intoxicated. The driver improvement surcharge is $435 and the safe ride surcharge

is $50. Under this bill, the driver improvement surcharge and safe ride surcharge

are also imposed on persons found guilty of reckless driving.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.