BILL NUMBER: AB 1601 CHAPTERED
BILL TEXT
CHAPTER 301
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY FEBRUARY 4, 2010
INTRODUCED BY Assembly Member Hill
(Principal coauthor: Assembly Member Nava)
(Principal coauthors: Senators Harman, Leno, Liu, and Maldonado)
(Coauthors: Assembly Members Bill Berryhill, Blakeslee, Block,
Blumenfield, Evans, Fong, Gilmore, Huber, Huffman, Jeffries, Knight,
Ma, Monning, Nielsen, Portantino, Smyth, Audra Strickland, Torlakson,
and Tran)
(Coauthor: Senator Cox)
JANUARY 4, 2010
An act to amend Sections 13352, 23109, 23550, 23550.5, 23552,
23566, and 23568 of, and to add Section 23597 to, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1601, Hill. Vehicles: driving-under-the-influence (DUI): repeat
offenders.
(1) 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.
Existing law authorizes the court to impose specified additional
orders on a person when the person is convicted of a
driving-under-the-influence (DUI) offense, depending on the
circumstances.
This bill would, beginning January 1, 2012, authorize the court to
order a 10-year revocation of the driver's license of a person who
has been convicted of 3 or more specified DUI offenses if the court
considers certain factors, including, but not limited to, the period
of time that has elapsed since his or her previous DUI convictions.
The bill would also authorize a person who had his or her driver's
license revoked for 10 years to apply to the Department of Motor
Vehicles, 5 years from the date of the last DUI conviction, to have
his or her privilege to operate a motor vehicle reinstated subject to
certain conditions, including, among other things, the condition
that the person was not convicted of any other drug- or
alcohol-related offenses, under state law, during the driver's
license revocation period.
(2) Existing law requires that a person, convicted of driving
under the influence, without bodily injury to another, within 10
years of being convicted of a separate violation of one or more
specified DUI offenses, be punished by his or her driving privilege
being suspended or revoked for a period of 2 or more years. Existing
law requires, among other things, the Department of Motor Vehicles to
advise a person, who was only under the influence of an alcoholic
beverage at the time of the violation, that he or she may apply for a
restricted driver's license after completion of 90 days, 6 months,
or 12 months, of the suspension or revocation period, or if the
person was under the influence of any drug or the combination of any
drug and alcohol, or if the person concurrently did any act forbidden
by law or neglected any duty imposed by law that proximately caused
bodily injury to another person other than the driver, then after
completion of 12 months of the revocation period, which may include
credit for a specified concurrent suspension, subject to specified
conditions.
This bill would revise and recast the above provisions to make
technical and nonsubstantive, as well as conforming, changes as a
result of the changes made by Chapter 193 of the Statutes of 2009 (SB
598).
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153, subdivision
(a) of Section 23109, or Section 23109.1, or upon the receipt of a
report of a judge of the juvenile court, a juvenile traffic hearing
officer, or a referee of a juvenile court showing that the person has
been found to have committed a violation of Section 23152 or 23153
or subdivision (a) of Section 23109 or Section 23109.1. If an offense
specified in this section occurs in a vehicle defined in Section
15210, the suspension or revocation specified below shall apply to
the noncommercial driving privilege. The commercial driving privilege
shall be disqualified as specified in Sections 15300 to 15302,
inclusive. For the purposes of this section, suspension or revocation
shall be as follows:
(1) Except as required under Section 13352.1 or 13352.4, upon a
conviction or finding of a violation of Section 23152 punishable
under Section 23536, the privilege shall be suspended for a period of
six months.
The privilege shall not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll in, participate in, and complete
either program described in subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in subdivision (b) of Section 23538. For the purposes of
this paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege shall not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll
in, participate in, and complete either program described in
subdivision (b) of Section 23542, the department shall require that
program in lieu of the program described in Section 23556. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit shall not be given to any program
activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
shall not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that he or she may apply to the department
for a restriction of the driving privilege, which may include credit
for a suspension period served under subdivision (c) of Section
13353.3, subject to the following conditions:
(A) Completion of 12 months of the suspension period, or
completion of 90 days of the suspension period if the underlying
conviction did not include the use of drugs as defined in Section 312
and the person was found to be only under the influence of an
alcoholic beverage at the time of the violation.
(B) The person satisfactorily provides, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(C) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (B).
(D) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(E) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(F) The person provides proof of financial responsibility, as
defined in Section 16430.
(G) The person pays all reissue fees and any restriction fee
required by the department.
(H) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(I) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph (4) of
subdivision (b) of Section 23562. For the purposes of this
paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after the completion of 12 months of the
revocation period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that he or she may apply to the department for a restriction
of the driving privilege, which may include credit for a suspension
period served under subdivision (c) of Section 13353.3, subject to
the following conditions:
(A) Completion of 12 months of the suspension period, or
completion of six months of the suspension period if the underlying
conviction did not include the use of drugs as defined in Section 312
and the person was found to be only under the influence of an
alcoholic beverage at the time of the violation.
(B) The person satisfactorily provides, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment, and the person agrees, as a condition of the restriction,
to continue satisfactory participation in the 30-month
driving-under-the-influence program.
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(G) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(H) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(I) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code as described in subdivision (b) of Section 23568, or if
available in the county of the person's residence or employment, a
30-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, or a program specified
in Section 8001 of the Penal Code. For the purposes of this
paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
revocation period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Completion of the initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) Completion of the initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or of a violation of Section 23123 punishable under
Section 23550.5, the privilege shall be revoked for a period of four
years. The privilege shall not be reinstated until the person files
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that after completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section or Section 23109.1, the privilege shall be suspended for a
period of 90 days to six months, if ordered by the court. The
privilege shall not be reinstated until the person gives proof of
financial responsibility, as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege shall not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109 or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 2. Section 23109 of the Vehicle Code is amended to read:
23109. (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an event
in which the time to cover a prescribed route of more than 20 miles
is measured, but where the vehicle does not exceed the speed limits,
is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
(c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.
(d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
(e) (1) A person convicted of a violation of subdivision (a) shall
be punished by imprisonment in a county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment. That person shall
also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (8) of subdivision (a)
of Section 13352. The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment. This subdivision does not interfere with the court's
power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and
that violation proximately causes bodily injury to a person other
than the driver, the person convicted shall be punished by
imprisonment in a county jail for not less than 30 days nor more than
six months or by a fine of not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(f) (1) If a person is convicted of a violation of subdivision (a)
for an offense that occurred within five years of the date of a
prior offense that resulted in a conviction of a violation of
subdivision (a), that person shall be punished by imprisonment in a
county jail for not less than four days nor more than six months, and
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).
(2) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes bodily
injury to a person other than the driver, a person convicted of that
second violation shall be imprisoned in a county jail for not less
than 30 days nor more than six months and by a fine of not less than
five hundred dollars ($500) nor more than one thousand dollars
($1,000).
(3) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes
serious bodily injury, as defined in paragraph (4) of subdivision (f)
of Section 243 of the Penal Code, to a person other than the driver,
a person convicted of that second violation shall be imprisoned in
the state prison, or in a county jail for not less than 30 days nor
more than one year, and by a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle
of a person convicted under paragraph (1), (2), or (3) suspended for
a period of six months, as provided in paragraph (9) of subdivision
(a) of Section 13352. In lieu of the suspension, the person's
privilege to operate a motor vehicle may be restricted for six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment.
(5) This subdivision does not interfere with the court's power to
grant probation in a suitable case.
(g) If the court grants probation to a person subject to
punishment under subdivision (f), in addition to subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months. The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (9) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
(h) If a person is convicted of a violation of subdivision (a) and
the vehicle used in the violation is registered to that person, the
vehicle may be impounded at the registered owner's expense for not
less than one day nor more than 30 days.
(i) A person who violates subdivision (b), (c), or (d)
shall upon conviction of that violation be punished by imprisonment
in a county jail for not more than 90 days, by a fine of not more
than five hundred dollars ($500), or by both that fine and
imprisonment.
(j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department. The Department of Motor Vehicles shall place that
restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on a license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
(k) The court may order that a person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
( l ) This section shall be known and may be cited as
the Louis Friend Memorial Act.
SEC. 3. 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 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 (7) 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. 4. Section 23550.5 of the Vehicle Code, as amended by Section
5 of Chapter 193 of the Statutes of 2009, 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 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 (7) of subdivision (a)
of Section 13352, unless paragraph (6) 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. 5. Section 23552 of the Vehicle Code is amended to read:
23552. (a) (1) If the court grants probation to a person punished
under Section 23550, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in a county jail for at least 180 days but not more than one year and
pay a fine of at least three hundred ninety dollars ($390) but not
more than one thousand dollars ($1,000).
(2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (7) 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) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code. In
lieu of the minimum term of imprisonment in subdivision (a), the
court shall impose as a condition of probation under this subdivision
that the person be confined in the county jail for at least 30 days
but not more than one year. The court shall not order the treatment
prescribed by this subdivision unless the person makes a specific
request and shows good cause for the order, whether or not the person
has previously completed a treatment program pursuant to subdivision
(b) of Section 23542 or paragraph (4) of subdivision (b) of Section
23562. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code. No condition of probation required pursuant
to this subdivision is a basis for reducing any other probation
requirement in this section or Section 23600 or for avoiding the
mandatory license revocation provisions of paragraph (7) of
subdivision (a) of Section 13352.
(c) In addition to Section 23600 and subdivision (a), if the court
grants probation to any person punished under Section 23550 who has
not previously completed a treatment program pursuant to subdivision
(b) of Section 23542 or paragraph (4) of subdivision (b) of Section
23562, and unless the person is ordered to participate in, and
complete, a program under subdivision (b), the court shall impose as
a condition of probation that the person, subsequent to the date of
the current violation, enroll in and participate, for at least 18
months and in a manner satisfactory to the court, in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court. The
person shall complete the entire program subsequent to, and shall not
be given any credit for program activities completed prior to, the
date of the current violation. A person who has previously completed
a 12-month or 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code shall not be
eligible for referral pursuant to this subdivision unless a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code is not available for referral in
the county of the person's residence or employment. A condition of
probation required pursuant to this subdivision is not a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (7) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
SEC. 6. 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 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 (6)
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 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 (6)
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 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
(6) 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. 7. Section 23568 of the Vehicle Code is amended to read:
23568. (a) If the court grants probation to a person punished
under Section 23566, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least one year, that the person pay a fine
of at least three hundred ninety dollars ($390) but not more than
five thousand dollars ($5,000), and that the person make restitution
or reparation pursuant to Section 1203.1 of the Penal Code. The
person's privilege to operate a motor vehicle shall be revoked by the
department under paragraph (6) 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) In addition to Section 23600 and subdivision (a), if the court
grants probation to a person punished under Section 23566, the court
shall impose as a condition of probation that the person enroll in
and complete, subsequent to the date of the underlying violation and
in a manner satisfactory to the court, an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court. The
person shall complete the entire program subsequent to, and shall not
be given any credit for program activities completed prior to, the
date of the current violation. In lieu of the minimum term of
imprisonment in subdivision (a), the court shall impose as a minimum
condition of probation under this subdivision that the person be
confined in the county jail for at least 30 days but not more than
one year. Except as provided in this subdivision, if the court grants
probation under this section, the court shall order the treatment
prescribed by this subdivision, whether or not the person has
previously completed a treatment program pursuant to subdivision (b)
of Section 23542 or paragraph (4) of subdivision (b) of Section
23562. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code. No condition of probation required pursuant
to this subdivision is a basis for reducing any other probation
requirement in this section or Section 23600 or for avoiding the
mandatory license revocation provisions of paragraph (6) of
subdivision (a) of Section 13352.
(c) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
SEC. 8. Section 23597 is added to the Vehicle Code, to read:
23597. (a) Notwithstanding Sections 13202.5, 13203, and 13352, a
court may order a 10-year revocation of the driver's license of a
person who has been convicted of three or more separate violations of
Section 23152 or 23153, the last of which is punishable under
Section 23546, 23550, 23550.5, or 23566. 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 duly certified abstract of the record of the
court showing the court has ordered a 10-year revocation of a driver'
s license pursuant to this section, the department shall revoke the
person's driver's license for 10 years, except as provided in
subdivision (c).
(c) (1) Five years from the date of the last conviction of a
violation of Section 23152 or 23153, a person whose license was
revoked pursuant to subdivision (a) may apply to the department to
have his or her privilege to operate a motor vehicle reinstated,
subject to the condition that the person submits the "Verification of
Installation" form described in paragraph (2) of subdivision (h) of
Section 13386 and agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575. Notwithstanding
Chapter 5 (commencing with Section 23700) or subdivision (f) of
Section 23575, the ignition interlock device shall remain on the
person's motor vehicle for two years following the reinstatement of
the person's driving privilege pursuant to this section.
(2) The department shall reinstate the person's license pursuant
to paragraph (1), if the person satisfies all of the following
conditions:
(A) The person was not convicted of any drug- or alcohol-related
offenses, under state law, during the driver's license revocation
period.
(B) The person successfully completed a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, following the date of the last
conviction of a violation of Section 23152 or 23153.
(C) The person was not convicted of violating Section 14601,
14601.1, 14601.2, 14601.4, or 14601.5 during the driver's license
revocation period.
(3) The department shall immediately terminate the restriction
issued pursuant to this section and shall immediately revoke the
privilege to operate a motor vehicle of a person who attempts to
remove, bypass, or tamper with the device, who has the device removed
prior to the termination date of the restriction, or who fails three
or more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device. The privilege shall
remain revoked for the remaining period of the original revocation
and until all reinstatement requirements are met.
(d) This section shall become operative on January 1, 2012.