BILL ANALYSIS AB 1601 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1601 (Hill) As Amended August 17, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(June 2, 2010) |SENATE: |32-1 |(August 19, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Permits a court to order a 10-year revocation of a driver's license for a person convicted of three or more separate driving under the influence (DUI) offenses. The Senate amendments : 1)Specify that the last prior offense must be punishable as a specified multiple DUI offense. 2)Make technical and non-substantive, as well as conforming, changes. EXISTING LAW : 1)Provides that it is unlawful for any person under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. 2)States that it is unlawful for any person who has a 0.08% or more by weight of alcohol in his or her blood to drive a vehicle. 3)Provides that a person convicted of a second DUI within 10 years of a specified prior DUI conviction shall be punished by imprisonment in the county jail for 90 days to one year and/or a fine of $390 to $1,000. 4)Provides that a person convicted of a third DUI within 10 years of two separate specified DUI convictions shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year. The person is also subject to a fine of $390 to $1,000 and revocation of his or her AB 1601 Page 2 driver's license. 5)Provides that a person convicted of a DUI within 10 years of three or more separate specified DUI convictions is guilty of an alternate felony/misdemeanor, punishable by imprisonment in the state prison for 16 months, 2 or 3 years or in the county jail for not less than 180 days nor more than one year. The person is also subject to a fine of $390 to $1,000 and revocation of his or her driver's license. 6)Mandates a court granting probation to a DUI first offender who had a blood alcohol concentration of 0.20% or more, or who refused to take a chemical test, to order the defendant to participate for at least six months in a licensed program that consists of at least 45 hours of education, group counseling, individual interview sessions, and other specified program activities. 7)States that each county shall develop, implement, and operate an alcohol and drug assessment program that shall assess a person convicted of a second or subsequent DUI violation who failed to comply with the rules and policies of the drinking driver treatment program. 8)Requires a person convicted of DUI or DUI with bodily injury within seven years of conviction of a separate violation of DUI or DUI with bodily injury to participate in a drug problem assessment program. AS PASSED BY THE ASSEMBLY , this bill: 1)Permitted a judge to order a 10-year driver's license revocation of a person convicted of three or more separate DUI offenses. 2)Specified that a court should consider the following prior to issuing a 10-year revocation of a driver's license for a person having three of more DUI offenses: a) The person's level of remorse for the acts; b) The period of time that has elapsed since the person's previous convictions; c) The person's participation in an alcohol treatment AB 1601 Page 3 program; d) The person's risk to traffic or public safety; and, e) The person's ability to install a certified ignition interlock device (IID) in each motor vehicle that he or she owns or operates. 3)Specified that 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 having three or more DUI convictions, the Department of Motor Vehicles (DMV) shall revoke the person's driver's license except as specified. 4)Stated that five years following the last DUI conviction, a person whose license was revoked for 10-years may apply to the DMV to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits a "Verification of Installation" form and agrees to maintain an IID for two years as specified. States that the DMV shall reinstate the person's license if the person satisfies all of the following conditions: a) The person was not convicted of any drug- or alcohol-related offenses during the revocation period; b) The person successfully completed a DUI program, as specified; and, c) The person was not convicted of driving on a suspended license. 5)Clarified that the term of revocation shall be suspended while the person whose license has been revoked is in jail or prison. FISCAL EFFECT : According to the Senate Appropriations Committee Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund DMV revocation procedure $500-600 AB 1601 Page 4 Significant workload increase Special* Court notification procedure Potentially significant workload General** *Motor Vehicle Account **Trial Courts Trust Fund COMMENTS : According to the author, "Should a DUI conviction be deleted from a driver's record after 10 years as is allowed under current state law allowing repeat DUI offenders to get their license back quicker and easier? AB 1601 changes state law so that eight DUIs means eight DUIs. This will ensure that the penalty truly fits the crime. In the case of my constituent, his eighth DUI was treated as his third DUI because the previous convictions fell outside of the 10-year window. "Should a repeat DUI driver have to hurt or kill someone before their license is revoked as is required by state law or should judges be given the discretion to revoke licenses from repeat DUI offenders after taking several factors into consideration? AB 1601 authorizes judges to revoke one's driver's license upon their third DUI conviction after taking various considerations into account, including but not limited to: the period of time that has elapsed since the person's previous convictions; the person's participation and successful completion of an alcohol treatment program; the person's risk to traffic or public safety; and the person's ability to install an IID." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0006246