STREETSBLOG LA: Brown Vetoes Road User Safety Laws Including Hit-and-Run, Vulnerable User

Jose Vasquez leaves a candle at the ghost bike memorial for
Andy Garcia, killed in a vicious hit-and-run last year.
Sahra Sulaiman/LA Streetsblog

In the last hours before the deadline for signing legislation from this year’s legislative session,
California Governor Jerry Brown vetoed a batch of bills that could have improved safety for bicyclists, pedestrians, and other road users.

Included in the list of vetoes are three bills addressing the problem of hit-and-run crimes. Two of them would have increased penalties for convictions, and one would have made it easier to catch hit-and-run perpetrators. This brings to a total of four bills on the issue that passed both houses of the legislature with very few no votes—some unanimously—only to end up on the governor’s chopping block.

The governor’s general objection to creating new crime categories and increasing penalties was his excuse for declining these bills.

For similar reasons, Brown also vetoed Assemblymember Mark Levine’s “vulnerable user” bill that would have defined bicyclists and pedestrians, and a few other groups, as a special category of road users, and raised fines for conviction of violations that result in injury to them.

Another bill vetoed today was one that would have assessed a violation point against a driver’s record if convicted of using a cell phone or texting while driving. A second provision of the bill, requiring the Department of Motor Vehicles to include at least one question on the driver’s license exam addressing the dangers of distracted driving, may happen anyway. Brown, in his veto message [PDF], writes that he has directed the DMV to add such a question.

Here’s a list of bills [originated by Assemblymember Mike Gatto] that would have made the roads safer but were axed by the Governor:

• A.B. 1532, from Assemblymember Mike Gatto (D-Los Angeles), which would have required an automatic six-month license suspension for anyone convicted of a hit-and-run collision in which a person was hit, whether that person was injured or not. Assemblymember Gatto’s intent was to enforce the notion that people must stop when they are involved in a crash, no matter what. The governor disagreed, citing his usual reluctance to create new categories of crime and stiffen penalties. “I don’t find sufficient justification for creating a new crime when no injury to person or property occurred. I think the current law is adequate,” says his veto message [PDF]. 

• A.B. 47, also from Gatto, which would have created a new “Yellow Alert” system, similar to the existing Amber Alert that broadcasts information about child abductions quickly throughout the state. The Yellow Alert would have broadcast descriptions of vehicles suspected of being involved in hit-and-run crimes using freeway changeable message signs and other outlets to help law enforcement apprehend criminals who leave the scene of a collision. Governor Brown refused to sign this bill because of another bill, which he did sign, that adds developmentally disabled people to the groups for which the Amber Alert system can be used. “This expansion should be tested before adding more categories of individuals that could overload the system,” he wrote [PDF]. It’s doubtful that the families and friends of hit-and-run victims would agree that this wait-and-see approach is sensible. 

You can read this complete article and more at Streetsblog LA by clicking HERE

Mike Gatto is the Chairman of the Appropriations Committee in the California State Assembly.  He represents Burbank, Glendale, La Cañada Flintridge, La Crescenta, Montrose, and the Los Angeles neighborhoods of Atwater Village, East Hollywood, Franklin Hills, Hollywood Hills, Los Feliz, and Silver Lake.  www.asm.ca.gov/gatto

KTLA-5 Reports on my "Yellow Alert" system

Here's a report by KTLA's Kacey Montoya on AB 47, my bill to use extant infrastructure to catch hit & run perpetrators.

NBC4 LA: Lawmakers Consider Hit-and-Run Alerts

My AB 47 proposes an Amber Alert-style system to catch drivers who flee the scene of accidents. See more here from NBC News Los Angeles

LISTEN IN: Governor Doubles Statute of Limitations for Hit-Runs

Governor Brown has signed a bill doubling the statute of limitations for prosecuting hit and run drivers. The bill's author, assemblyman Mike Gatto, praises the governor, but says more legislation is needed. KABC's Michael Linder reports.

The audio for this program can be found HERE

Mike Gatto is the Chairman of the Appropriations Committee in the California State Assembly.  He represents Burbank, Glendale, La Cañada Flintridge, La Crescenta, Montrose, and the Los Angeles neighborhoods of Atwater Village, East Hollywood, Franklin Hills, Hollywood Hills, Los Feliz, and Silver Lake.  www.asm.ca.gov/gatto

KCET: Hit-and-Run Bill Sent to Governor Jerry Brown for Approval

This article on AB 184, my legislation to increase the statute of limitations for prosecuting hit-and-run drivers is particularly powerful because of the image of the "ghost bike" in Pasadena. 

September 10, 2013
by City News Service

Following a spate of fatal hit-and-run crashes in the Southland, state lawmakers approved a bill extending the statute of limitations for such crimes from three years to six years.

In the last month, more than a dozen people were killed in hit-and-run collisions in Los Angeles and Orange counties, including seven victims in the city of Los Angeles, according to Assemblyman Mike Gatto, D-Los Angeles, who sponsored the legislation. Many others, including a three-year-old boy, were seriously injured by motorists who drove off after crashing into victims.

A memorial "Ghost Bike"  in Pasadena left for hit-and-run victim Jocelyn Young, 
who was killed while riding her bike in 2011. 
Photo from  waltarrrrr/Flickr/Creative Commons License

"AB 184 will allow victims of hit-and-runs and law enforcement to obtain justice from cowards who do everything possible to avoid responsibility for their actions," Gatto said.

Under current law, motorists who flee the scene of an accident can simply "run out the clock," as it can take months to track them down.

The identity of the driver of a mini-van who hit bicyclist Damian Kevitt and dragged him more than quarter-mile down the Golden State (5) Freeway in Los Angeles in February remains unknown...

..."It's hard for us to encourage people to bike and walk, when our streets are treated like the Wild West," said Eric Bruins, planning and policy director for the Los Angeles County Bicycle Coalition.

The assembly vote was 68-0 in favor of the bill, which the Senate passed earlier on a 37-0 vote.

The bill goes to Gov. Jerry Brown for final approval.

You can read this article and more by visiting KCET's website HERE

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Mike Gatto is the Chairman of the Appropriations Committee in the California State Assembly.  He represents Burbank, Glendale, La Cañada Flintridge, La Crescenta, Montrose, and the Los Angeles neighborhoods of Atwater Village, East Hollywood, Franklin Hills, Hollywood Hills, Los Feliz, and Silver Lake.  www.asm.ca.gov/gatto

MundoFOX 22: Mano dura para los Conductores que huyen de la escena de un accidente

Buen informe de Anabel Muñoz sobre huyendo de la escena y mi AB 184!

Watch this video and more at http://www.mundofox22.com/noticias22 

Mike Gatto is the Chairman of the Appropriations Committee in the California State Assembly.  He represents Burbank, Glendale, La Cañada Flintridge, La Crescenta, Montrose, and the Los Angeles neighborhoods of Atwater Village, East Hollywood, Franklin Hills, Hollywood Hills, Los Feliz, and Silver Lake.  www.asm.ca.gov/gatto

NBC 4: Hit and Run Bill Seeks Governor's Approval

By Conan Nolan | Sep 24, 2013

Los Angeles is the hit and run capital in America with 14,000 cases this year alone. A Burbank assemblyman is attempting to change this with a bill that will extend the statute of limitations on hit and run crimes from three to six years. Conan Nolan reports for NBC4 News at 6 p.m. on Sept. 24, 2013.

LA WEEKLY: Is LAPD Chief Charlie Beck More About Spin Than Solving Hit-and-Run Epidemic?

By Patrick Range McDonald - Tue., Jun. 11 2013

The Los Angeles Police Commission will receive a long-awaited report from LAPD Chief Charlie Beck on Tuesday morning about L.A.'s serious hit-and-run epidemic. Judging from a copy of that report, it looks as if Beck is more interested in repairing public relations damage than solving a major public safety problem.


"The report is all spin to get around the elephant in the room," says Don Rosenberg, an L.A. resident whose son was killed by an unlicensed driver and has been keeping close tabs on the LAPD's response to the hit-and-run crisis. "They don't have a good story on hit and runs, and tried to come up with something else."

L.A. Weekly first exposed the controversy in the widely read 2012 cover story "L.A.'s Bloody Hit-and-Run Epidemic," which caught the attention of L.A. City Councilman Joe Buscaino and California State Assemblyman Mike Gatto.

In December, former Weekly staff writer Simone Wilson reported that there "is no LAPD task force or organized city effort to address the problem, yet the numbers are mind-boggling. About 20,000 hit-and-run crashes, from fender benders to multiple fatalities, are recorded by the Los Angeles Police Department each year.

"That's huge, even in a city of 3.8 million people. In the United States, 11 percent of vehicle collisions are hit-and-runs. But in Los Angeles, L.A. Weekly has learned, an incredible 48 percent of crashes were hit-and-runs in 2009, the most recent year for which complete statistics are available. According to data collected by the state, some 4,000 hit-and-run crashes a year inside L.A. city limits, including cases handled by LAPD, California Highway Patrol and the L.A. County Sheriff, resulted in injury and/or death. Of those, according to a federal study, about 100 pedestrians died; the number of motorists and bicyclists who die would push that toll even higher."

In January, Councilman Buscaino asked the LAPD to come up with a report to explain what efforts the police were taking to curtail hit and runs.

But that report, signed by Beck, focuses largely on attempting to pick apart the Weekly's cover story, with some mention of what the police are actually doing to combat hit and runs such as holding press conferences and community meetings to alert the public and solicit help in apprehending an individual.

"The councilman is saying we have too many hit and runs. What are you doing about it?" says Rosenberg. "And Beck goes into something else and tries to massage statistics."

Buscaino was unable to comment before the Weekly's deadline.

But Assemblyman Mike Gatto, who represents neighborhoods in L.A. and has been pushing forward a hit-and-run law to extend the statue of limitations for such an offense, tells the Weekly that "more needs to be done" to solve L.A.'s hit-and-run crisis and hopes that Beck will take an "all-hands-on-deck approach" to solve it.

Gatto's office read the LAPD report. After coming up with a questionable statistical formula, Beck's findings state that L.A.'s hit-and-run rate was "comparable to other metropolitan cities in the nation." Gatto says that "runs contrary to what I hear from my constituents."

Rosenberg adds, "They totally ignored public safety" in the report.

What will L.A. police commissioners say?


Send feedback and tips to the author. Follow Patrick Range McDonald on Twitter at @PRMcDonald.

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You can read this article and more at the LA Weekly by clicking HERE

LA WEEKLY: Hit-and-Run Blowback on LAPD

Excerpts from last weeks LA Weekly article on the hit-and-run epidemic that continues to plague Los Angeles.  A special thank you to my staff for their many volunteer hours working to apprehend Damian Kevitt's assailant.

ILLUSTRATION BY IVAN MINSLOFF / LA WEEKLY

Doctors try to save bicyclist's remaining leg as legislator calls for crackdown

Comments (24)By Jill Stewart Thursday, Mar 28 2013

The hit-and-run driver of the minivan that struck bicyclist Damian Kevitt one morning near Griffith Park must have felt and heard the impact. He probably saw Kevitt caught on his hood. Yet as horrified eyewitnesses gaped, the driver — a young, well-groomed Latino — took off down the on-ramp to the 5 freeway, sucking Kevitt under his minivan and dragging him 600 feet.

Trapped facedown, the 36-year-old cyclist was battered against the pavement, shearing off parts of his feet and big areas of skin. As he tried to free himself by grabbing at the road, the ends of some of his fingertips were ground off.

Seconds later, a motorist saw Kevitt's bloodied body roll into the second lane of the I-5. Kevitt's life was saved only because the quick-thinking driver used his car to create a safety zone, shielding the victim's body from the freeway traffic rushing past.

After the Feb. 17 incident, doctors at County/USC Medical Center were forced to amputate Kevitt's shattered right leg. But they repaired his broken wrists, arms and ribs, and soon, Kevitt and his doctors will be engaged in a heroic battle to save his maimed left foot, possibly by transplanting a muscle and healthy veins from Kevitt's back. (A previous effort to transplant a muscle taken from his abdomen to his left foot failed...)

...Coverage by local TV stations, coupled with anger from the local bicycling community, has generated unusually strong interest in the case. On Sunday, two aides to state Assemblyman Mike Gatto, Justin Hager and Jason Insalaco, joined the Los Angeles County Bicycle Coalition, L.A. Critical Mass, Midnight Ridazz, CHP and others to leaflet cars and talk to spectators, soccer players and dog walkers who use the Ferraro Soccer Complex near the Los Angeles River on Zoo Drive, where Kevitt was struck...

...Investigators have a few important clues: The minivan, described as gray or white, bore a red-and-white "Se Vende" sign — and a phone number to call. According to CHP, that phone number, partially memorized by eyewitnesses, has a 213 area code and ends in 0776. A $25,000 reward offered by the city and the highway patrol seeks information that will lead to an arrest and conviction...

...Insalaco and Hager have gone to the soccer fields every few days, passing out a flyer seeking the public's help. "We feel the driver almost had to be someone involved in soccer that day," Hager says. 

Even as Gatto's aides work to drum up leads, the state assemblyman is tackling the bigger crisis. As the L.A. Weekly first reported, L.A. is in the grip of a little-discussed, decadelong hit-and-run epidemic. Drivers in the city flee nearly half of all collisions — more than 20,000 hit-and-runs annually. Nationally, 11 percent of collisions are hit-and-runs. In L.A., that rate has ranged in recent years from 42 percent to nearly 50 percent...

...Assembly Bill 184, authored by Gatto, would extend the statute of limitations on hit-and-runs from one year to three years. The bill cleared the state Assembly Public Safety Committee several days ago...

...Hit-and-run victim Don Ward, a bicyclist with Midnight Ridazz, memorized most of the license plate of the Jaguar driver who struck him and put him in the hospital a few years ago. Then Ward himself caught the driver — by calling Jaguar body shops. LAPD had informed Ward that they'd need a couple of weeks just to run the plate numbers.

The driver, convicted of "misdemeanor property damage" for crushing Ward's bike, was high-powered City Hall lobbyist Glenn Gritzner. Since it was too late to test Gritzner for drugs or alcohol by the time he was apprehended, a judge sentenced him to just 30 days of trash pickup.

"He didn't even have his license suspended," says Ward, who joined the leafletting of the soccer fields Sunday...

...Gatto's staff has investigated another possible law — one requiring auto body shops to report suspicious damage to law enforcement via email — but says it will take time to assess the costs and technical challenges of implementing such a law.

Even so, Gatto says police can do far more. "The story of Damian Kevitt being repeated and kept in front of people might force the government to act," the state assemblyman says. "This has been going on since way back, long before anyone could blame budget cuts."

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You can read this entire article and more at the LA Weekly by clicking HERE

Mike Gatto is the chairman of the Appropriations Committee of the California State Assembly. He represents Burbank, Glendale, La Cañada-Flintridge, and the Los Angeles neighborhoods of Los Feliz, Silver Lake, Atwater Village, and portions of the Hollywood Hills and East Hollywood.   www.asm.ca.gov/gatto

Zoo Drive Hit and Run Victim To Survive But May Lose His Legs

By Colin Stutz, Los Feliz Ledger Contributing Writer

GRIFFITH PARK—The 36-year-old bicyclist who was victim to a hit and run that dragged him 600 feet down the Interstate 5 onramp near the Los Angeles Zoo in February, Damian Kevitt, may lose both his legs but will survive the brutal incident.

Meanwhile, his accident has sparked increased awareness of bicycle and pedestrian safety in the region, and may help lead to stricter hit-and-run legislation statewide...

...Kevitt was wearing a helmet but broke 20 bones and crushed his right leg, which was later amputated below the knee. His left foot is missing skin and tissue and may also need to be amputated. His road rash was so extreme, his left elbow was exposed to the bone and his buttocks will require skin grafts.
He has now been released from the hospital’s intensive care unit.

Los Angeles City Councilmember Tom LaBonge (CD4) announced a $25,000 reward for information leading to the identification, apprehension and conviction the driver. So far it has yielded no successful results. The van was also identified to have a “for sale” sign in the window.

“A car shouldn’t be a weapon. Let’s do our part to end this kind of violent crime,” LaBonge said in a statement...

...To address the issue, a month before Kevitt was hit, California State Assemblyman Mike Gatto introduced a bill that will extend the statute of limitations for such offenses to three years from the date of the offense, or one year after a possible suspect is identified by law enforcement, whichever is later. Under current law if a motorist is not identified within three years, he cannot be prosecuted.

“Damien Kevitt is just one of thousands hit-and-run victims who suffer life-threatening injuries annually,” said Gatto in a statement. “Allowing the perpetrators to avoid prosecution just adds insult to these injuries.”

Added Eric Bruins, Planning & Policy Director for the Los Angeles County Bicycle Coalition, “It’s hard for us to encourage people to bike and walk, when our streets are treated like the Wild West.”

An online fundraising account has been setup to help Kevitt handle his medical fees: www.gofundme.com/26nbpc

You can read this article and more at the Los Feliz Ledger HEREMike Gatto is the chairman of the Appropriations Committee of the California State Assembly. He represents Burbank, Glendale, La Cañada-Flintridge, and the Los Angeles neighborhoods of Los Feliz, Silver Lake, Atwater Village, and portions of the Hollywood Hills and East Hollywood.   www.asm.ca.gov/gatto

LA Streets Blog: “Damien’s Law?” Gatto Hit and Run Bill Clears Committee

by Damien Newton

Every time a cyclist is struck down by a negligent driver, especially when a hit and run is involved, I shudder. Since most of my on-bike time these days involve having a child either strapped to a seat behind me or nestled in a car-seat attachment in front of me, every crash leaves a scary reminder that no matter how safe I bicycle, I’m reliant on every passing car not to crash into me.

When a struck cyclist happens to share my name, I double-shudder. When the case is as horrific of the one suffered by Damien Kevitt, it’s a triple shudder. Kevitt was struck by a mini-van while riding his bicycle and dragged more than a quarter mile, down Interstate 5.  The collision resulted in dozens of broken bones and the amputation of one of Kevitt’s legs. The driver fled the scene.

Damien Kevitt. Image via ABC 7

In a press statement today celebrating the movement of AB 184, legislation that could lead to more arrests and prosecutions of hit and run drivers, the bill’s sponsor referenced Kevitt’s horrific experience as one more reason that California needs to change the way it views hit and run crashes.

“Damien Kevitt is just one of thousands hit-and-run victims who suffer life-threatening injuries annually,” said Assemblyman Mike Gatto, the legislation’s sponsor.  “Allowing the perpetrators to avoid prosecution just adds insult to these injuries.  AB 184 will allow victims and law enforcement to obtain justice.”

Currently, motorists who flee the scene of an accident can simply ”run down the clock” to avoid any liability whatsoever.  If a motorist is not identified within three years, the motorist cannot be prosecuted.

The legislation, AB 184, provides an additional tool to law enforcement officers investigating hit-and-run offenses by extending the statute of limitations for such offenses to three years from the date of the offense, or one year after a possible suspect is identified by law enforcement, whichever is later.

The Legislature has passed similar changes to statutes of limitations for crimes with hard-to-identify perpetrators, such as clergy abuse.

Eric Bruins, Planning and Policy Director for the Los Angeles County Bicycle Coalition, noted that bicyclists and pedestrians are particularly vulnerable to hit-and-run collisions that result in death or serious bodily injury. “It’s hard for us to encourage people to bike and walk, when our streets are treated like the Wild West,” said Bruins.  “The L.A. County Bicycle Coalition commends Assemblyman Gatto for bringing attention to this issue and giving hit-and-run victims hope that their perpetrators might be brought to justice once identified.”

“This is a relatively easy and sensible fix to the law,” said Gatto.  “Presuming my bill becomes law, my hope is that people who would otherwise flee the scene of an accident realize that they can be prosecuted, no matter how long it takes.”

For Kevitt, new and improved laws come too late, just as the city’s bicycling anti-harassment ordinance came to late for those injured when Dr. Christopher Thompson decided to road-rage on some cyclists. However, if every bike crash helps lead to better laws, then eventually the city and state might finally treat traffic crime for what it really is…an ongoing community health crisis.

You can read this article and more at the LA Streets Blog HERE

PRESS RELEASE: Assemblyman Mike Gatto Bill Makes it Harder for Hit and Run Drivers to Evade Arrest

FOR IMMEDIATE RELEASE                            Contact:  Justin Hager (818) 558-3043

January 25, 2013                                                                        Cell (415) 889-9762

Assemblyman Mike Gatto Bill Makes it Harder for Hit and Run Drivers to Evade Arrest

                                                                                    

Sacramento, CA – Assemblyman Mike Gatto (D-43) introduced legislation today to help curb the epidemic of hit-and-run offenses in Southern California.  Currently, motorists who flee the scene of an accident can simply "run down the clock" to avoid any liability whatsoever.  If a motorist is not identified (which is often very difficult) within three years, the motorist cannot be prosecuted.  Gatto's bill extends the statute of limitations for such offenses to three years from the date of the offense, or one year after the suspect is identified by law enforcement, whichever is later.  The Legislature has passed similar changes to statutes of limitations for crimes with hard-to-identify perpetrators, like clergy abuse.

Eric Bruins, Planning & Policy Director for the Los Angeles County Bicycle Coalition, noted that bicyclists and pedestrians are particularly vulnerable to hit-and-run collisions that result in death or serious bodily injury.  “It's hard for us to encourage people to bike and walk when our streets are treated like the Wild West,” said Bruins.  “The LA County Bicycle Coalition commends Assemblyman Gatto for bringing attention to this issue and giving hit-and-run victims hope that their perpetrators might be brought to justice once identified.”

“Many hit-and-run victims suffer very serious injuries, often because they are unable to dial 9-1-1, and, of course, because the person fleeing the scene does not.  Allowing hit-and-run criminals to avoid prosecution just adds insult to these injuries,” said Gatto. 

An investigation by the LA Weekly found about 20,000 hit-and-run crashes are recorded annually by the Los Angeles Police Department.  These 20,000 incidents made up an astonishing 48 percent of all vehicle crashes in 2009, compared to an average rate of just 11 percent nationwide.  State data shows that 4,000 hit-and-run incidents a year in Los Angeles lead to injury or death.  Unfortunately, most of these incidents are never prosecuted, in part, because of the statute of limitations running out.

“This is a relatively easy and sensible fix to the law, so that people who would otherwise hit-and-run realize that they will be prosecuted, no matter how long it takes."

Mike Gatto is the Chairman of the Appropriations Committee of the California State Assembly.  He represents the cities of Burbank, Glendale, La Canada-Flintridge, La Crescenta, Montrose, the Los Angeles neighborhoods of Los Feliz, Silver Lake, Atwater Village, and portions of the Hollywood Hills and East Hollywood.   www.asm.ca.gov/gatto 

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