BILL NUMBER: AB 808	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 26, 2009

   An act to amend Section 13558 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 808, as introduced, Fuentes. Driving under the influence:
administrative hearing.
   Under existing law and subject to an administrative hearing, the
Department of Motor Vehicles (DMV) is required to immediately suspend
the privilege of a person to operate a motor vehicle if the person
was driving a motor vehicle when the person had 0.08% or more, by
weight, of alcohol in his or her blood, the person was under 21 years
of age and had a blood-alcohol concentration of 0.01% or greater, as
measured by a preliminary alcohol screening test, or other chemical
test, or the person refused to submit to or failed to complete
specified chemical or alcohol screening tests under specific
circumstances.
   Existing law also requires the DMV to notify the person that he or
she has within 10 days of the receipt of the notice of the order of
suspension or revocation to request a hearing to contest the order of
suspension or revocation.
   This bill would extend this period to 90 days.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13558 of the Vehicle Code is amended to read:
   13558.  (a)  Any   A  person  ,
 who has received a notice of an order of suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to Section 13353, 13353.1, 13353.2, 13388,  or 
23612  , or 13382  or a notice pursuant to Section
13557  ,  may request a hearing on the matter
pursuant to Article 3 (commencing with Section 14100) of Chapter 3,
except as otherwise provided in this section.
   (b) If the person wishes to have a hearing before the effective
date of the order of suspension or revocation, the request for a
hearing shall be made within  10   90  days
of the receipt of the notice of the order of suspension or
revocation. The hearing shall be held at a place designated by the
department as close as practicable to the place where the arrest
occurred, unless the parties agree to a different location. 
Any evidence   Evidence  at the hearing shall not
be limited to the evidence presented at an administrative review
pursuant to Section 13557.
   (c) (1) The only issues at the hearing on an order of suspension
or revocation pursuant to Section 13353 or 13353.1 shall be those
facts listed in paragraph (1) of subdivision (b) of Section 13557.
Notwithstanding Section 14106, the period of suspension or revocation
specified in Section 13353 or 13353.1 shall not be reduced and,
notwithstanding Section 14105.5, the effective date of the order of
suspension or revocation shall not be stayed pending review at a
hearing pursuant to this section.
   (2) The only issues at the hearing on an order of suspension
pursuant to Section 13353.2 shall be those facts listed in paragraph
(2) of subdivision (b) of Section 13557. Notwithstanding Section
14106, the period of suspension specified in Section 13353.3 shall
not be reduced.
   (d) The department shall hold the administrative hearing before
the effective date of the order of suspension or revocation if the
request for the hearing is postmarked or received by the department
on or before  10  90  days after the person'
s receipt of the service of the notice of the order of suspension or
revocation pursuant to Section 13353.2, 13388, 23612, or 13382.
   (e) A request for an administrative hearing does not stay the
suspension or revocation of a person's privilege to operate a motor
vehicle. If the department does not conduct an administrative hearing
and make a determination after an administrative hearing within the
time limit in subdivision (d), the department shall stay the
effective date of the order of suspension or revocation pending the
determination and, if the person's driver's license has been taken by
the peace officer pursuant to Section 13388, 23612  , or
13382  , the department shall notify the person before the
expiration date of the temporary permit issued pursuant to Section
13388,  or  23612  , or 13382  , or the
expiration date of any previous extension issued pursuant to this
subdivision  , provided   if  the person is
otherwise eligible, in a form that permits the person to establish
to any peace officer that his or her privilege to operate a motor
vehicle is not suspended or revoked.
   (f) The department shall give written notice of its determination
pursuant to Section 14105. If the department determines, upon a
hearing of the matter, to suspend or revoke the person's privilege to
operate a motor vehicle, notwithstanding the term of  any
  a  temporary permit issued pursuant to Section
 13382,  13388,  or  23612  , or 13382
 , the temporary permit shall be revoked and the suspension
or revocation of the person's privilege to operate a motor vehicle
shall become effective five days after notice is given. If the
department sustains the order of suspension or revocation, the
department shall include notice that the person has a right to review
by the court pursuant to Section 13559.
   (g) A determination of facts by the department upon a hearing
pursuant to this section has no collateral estoppel effect on a
subsequent criminal prosecution and does not preclude litigation of
those same facts in the criminal proceeding.