1. (a) A victim or derivative victim who was the driver of a vehicle, aircraft, or water vehicle may be found to have been involved in the events leading to the qualifying crime if:

   1. (1) the victim or derivative victim was driving the vehicle with a blood alcohol content exceeding the legal limit;
   2. (2) the victim or derivative victim was driving while under the influence of alcohol and/or drugs;
   3. (3) the victim or derivative victim was cited or arrested by law enforcement based on events leading to the qualifying crime; or
   4. (4) the victim's or derivative victim's conduct was the primary cause of the vehicle collision.

2. (b) A victim or derivative victim who was the passenger in a vehicle driven by a person under the influence of alcohol or drugs may be found to have been involved in the events leading to the vehicle-related qualifying crime if:

   1. (1) the victim or derivative victim knew or reasonably should have known that the driver was under the influence of alcohol or drugs; or
   2. (2) the victim or derivative victim was under the influence of alcohol or drugs and if sober should have reasonably known that the driver was under the influence of alcohol or drugs.

3. (c) Subsection (b) shall not apply to passengers in a vehicle if:

   1. (1) the victim is under 18 years of age; or
   2. (2) the victim died. If this subdivision applies, the application may be partially allowed for funeral and burial expenses only.

4. (d) A victim or derivative victim may be found to have been involved in the events leading to the qualifying crime of a hit and run (California Vehicle Code section 20001) if:

   1. (1) the victim or derivative victim acted in a blatant, wrongful or provoking manner; or
   2. (2) the victim's or derivative victim's conduct contributed to the events leading to the qualifying crime or was the primary cause of the vehicle collision.
5. (e) Significant weight may be given to the evidence from and conclusions of a law enforcement agency after investigation of the qualifying crime when evaluating the factors listed in subsections (a), (b), and (d).

Note: Authority cited: Section 13920, Government Code. Reference: Sections 13955 and 13956, Government Code.

History

1. Change without regulatory effect renumbering former section 656.6 to section 649.50, including amendment of section and Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).

2. Amendment of subsections (a)-(a)(2), new subsection (a)(3) and amendment of subsections (d)-(e) and (f)(2) filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).

3. Amendment of subsections (a)(2) and (a)(3), new subsection (a)(4), repealer of subsections (f)-(f)(2), subsection relettering, amendment of newly designated subsection (f) and amendment of Note filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).

4. Repealer of subsections (b) and (e), subsection relettering, amendment of newly designated subsections (c) and (c)(2), new subsections (c)(3)-(d)(2), amendment of newly designated subsection (e) and amendment of Note filed 10-3-2016; operative 1-1-2017 (Register 2016, No. 41).

5. Amendment of section and Note filed 4-17-2024; operative 7-1-2024 (Register 2024, No. 16).