BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1601
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1601 (Hill)
          As Amended  August 17, 2010
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(June 2, 2010)  |SENATE: |32-1 |(August 19,    |
          |           |     |                |        |     |2010)          |
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           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  








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            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  








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               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
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          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 


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