BILL NUMBER: AB 1601 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hill
(Principal coauthor: Assembly Member Nava)
(Principal coauthors: Senators Harman and Maldonado)
(Coauthors: Assembly Members Block, Evans, Fong, Gilmore, Huber,
and Ma)
JANUARY 4, 2010
An act to amend Sections 23217, 23540, 23546, 23550, 23550.5,
23560, and 23566 of, and to add Section 23597 to, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1601, as introduced, Hill. Vehicles: driving under the
influence: repeat offenders.
Existing law requires, if a person is convicted of a specified
driving under the influence (DUI) offense and the offense occurred
within 10 years of 2, or 3 or more prior specified DUI offenses that
resulted in a conviction, that the person be punished by enhanced
penalties, and that the person's privilege to operate a motor vehicle
be revoked by the department for a period of 2, 3, 4, or 5 years, as
applicable.
This bill would delete the 10-year limitation.
Existing law authorizes the court to impose specified additional
orders on a person when the person is convicted of a DUI offense,
depending on the circumstances.
This bill would authorize the court to order the permanent
revocation of the driver's license of a person who was previously
convicted of 3 or more specified DUI offenses if the court considers
certain specified factors, including, but not limited to, the period
of time that has elapsed since his or her previous DUI convictions.
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 23217 of the Vehicle Code is amended to read:
23217. The Legislature finds and declares that some repeat
offenders of the prohibition against driving under the influence of
alcohol or drugs, when they are addicted or when they have too much
alcohol in their systems, may be escaping the intent of the
Legislature to punish the offender with progressively greater
severity if the offense is repeated one or more times within
a 10-year period . This situation may occur when a
conviction for a subsequent offense occurs before a conviction is
obtained on an earlier offense.
The Legislature further finds and declares that the timing of
court proceedings should not permit a person to avoid aggravated
mandatory minimum penalties for multiple separate offenses
occurring within a 10-year period . It is the intent of the
Legislature to provide that a person be subject to enhanced
mandatory minimum penalties for multiple offenses within a
period of 10 years , regardless of whether
when the convictions are obtained in
the same sequence as the for those offenses
had been committed obtained .
Nothing in this section requires consideration of judgment of
conviction in a separate proceeding that is entered after the
judgment in the present proceeding, except as it relates to violation
of probation.
Nothing in this section or the amendments to Section 23540, 23546,
23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the
Statutes of 1984 affects the penalty for a violation of Section 23152
or 23153 occurring prior to January 1, 1985.
SEC. 2. Section 23540 of the Vehicle Code is amended to read:
23540. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153,
that resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor more
than one year and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000). The
person's privilege to operate a motor vehicle shall be suspended by
the department pursuant to paragraph (3) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
(c) This section shall become operative on September 20, 2005.
SEC. 3. Section 23546 of the Vehicle Code is amended to read:
23546. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of two separate violations
of Section 23103, as specified in Section 23103.5, 23152, or 23153,
or any combination thereof, that resulted in convictions, that person
shall be punished by imprisonment in the county jail for not less
than 120 days nor more than one year and by a fine of not less than
three hundred ninety dollars ($390) nor more than one thousand
dollars ($1,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles as required in
paragraph (5) of subdivision (a) of Section 13352. The court shall
require the person to surrender his or her driver's license to the
court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
SEC. 4. Section 23550 of the Vehicle Code is amended to read:
23550. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of three or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination thereof, that resulted in
convictions, that person shall be punished by imprisonment in the
state prison, or in a county jail for not less than 180 days nor more
than one year, and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000). The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (9) of
subdivision (a) of Section 13352. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
SEC. 5. Section 23550.5 of the Vehicle Code is amended to read:
23550.5. (a) A person is guilty of a public offense, punishable
by imprisonment in the state prison or confinement in a county jail
for not more than one year and by a fine of not less than three
hundred ninety dollars ($390) nor more than one thousand dollars
($1,000) if that person is convicted of a violation of Section 23152
or 23153, and the offense occurred within 10 years
person was previously convicted of any of the following:
(1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both, or under former
Section 23175 or former Section 23175.5, or both.
(2) A prior violation of Section 23153 that was punished as a
felony.
(3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
(b) Each person who, having previously been convicted of a
violation of subdivision (a) of Section 191.5 of the Penal Code, a
felony violation of subdivision (b) of Section 191.5, or a violation
of subdivision (a) of Section 192.5 of the Penal Code, is
subsequently convicted of a violation of Section 23152 or 23153 is
guilty of a public offense punishable by imprisonment in the state
prison or confinement in a county jail for not more than one year and
by a fine of not less than three hundred ninety dollars ($390) nor
more than one thousand dollars ($1,000).
(c) The privilege to operate a motor vehicle of a person convicted
of a violation that is punishable under subdivision (a) or (b) shall
be revoked by the department under paragraph (9) of subdivision (a)
of Section 13352, unless paragraph (8) of subdivision (a) of Section
13352 is also applicable, in which case the privilege shall be
revoked under that provision. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(d) A person convicted of a violation of Section 23152 or 23153
that is punishable under this section shall be designated as a
habitual traffic offender for a period of three years, subsequent to
the conviction. The person shall be advised of this designation under
subdivision (b) of Section 13350.
SEC. 6. Section 23560 of the Vehicle Code is amended to read:
23560. If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years
person was previously convicted of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than five thousand
dollars ($5,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (4) of subdivision (a) of Section 13352. The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.
SEC. 7. Section 23566 of the Vehicle Code is amended to read:
23566. (a) If a person is convicted of a violation of Section
23153 and the offense occurred within 10 years
person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination of these violations, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison for a term of two, three, or four
years and by a fine of not less than one thousand fifteen dollars
($1,015) nor more than five thousand dollars ($5,000). The person's
privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (8) of subdivision
(a) of Section 13352. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(b) If a person is convicted of a violation of Section 23153, and
the act or neglect proximately causes great bodily injury, as defined
in Section 12022.7 of the Penal Code, to any person other than the
driver, and the offense occurred within 10 years
person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination of these violations, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison for a term of two, three, or four
years and by a fine of not less than one thousand fifteen dollars
($1,015) nor more than five thousand dollars ($5,000). The person's
privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (8) of subdivision
(a) of Section 13352. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(c) If a person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within 10
years person was previously convicted of four
or more separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
(d) A person convicted of Section 23153 punishable under this
section shall be designated as a habitual traffic offender for a
period of three years, subsequent to the conviction. The person shall
be advised of this designation pursuant to subdivision (b) of
Section 13350.
(e) A person confined in state prison under this section shall be
ordered by the court to participate in an alcohol or drug program, or
both, that is available at the prison during the person's
confinement. Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(8) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
SEC. 8. Section 23597 is added to the Vehicle Code, to read:
23597. (a) Notwithstanding Section 13352, a court may order the
permanent revocation of the driver's license of a person who was
previously convicted of three or more separate violations of Section
23152 or 23153. When making this order, the court shall consider all
of the following:
(1) The person's level of remorse for the acts.
(2) The period of time that has elapsed since the person's
previous convictions.
(3) The person's blood-alcohol level at the time of the violation.
(4) The person's participation in an alcohol treatment program.
(5) The person's risk to traffic or public safety.
(6) The person's ability to install a certified ignition interlock
device in each motor vehicle that he or she owns or operates.
(b) Upon receipt of a duty certified abstract of the record of the
court showing the court has ordered permanent revocation of a driver'
s license pursuant to this section, the department shall permanently
revoke the person's driver's license.