BILL NUMBER: AB 1928 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2010
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 17, 2010
An act to amend Section 13557 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1928, as amended, Torlakson. Vehicles: commercial driver's
license: suspension or revocation.
(1) Existing law requires the Department of Motor Vehicles if it
determines, by the preponderance of the evidence, all of specified
facts, including, that the person was driving a motor vehicle
with a certain amount of alcohol in his or her blood under any 1 of 3
specified circumstances, in the review of a determination that
required the department to immediately suspend the privilege of a
person to operate a motor vehicle for any one of specified reasons,
to sustain the order of suspension or revocation, or if the person is
under 21 years of age and does not yet have a driver's license, to
delay issuance of that license for one year. A violation of the
Vehicle Code is a crime.
This bill would add as one of to
those specified facts whether circumstances
(1) the person was driving a vehicle that requires a commercial
driver's license and the person had 0.04 percent or more, by weight,
of alcohol in his or her blood , or (2) the person was on
probation for a violation of certain driving under the influence of
alcohol or drugs offenses and had a blood-alcohol concentration of
0.01 percent or more, by weight, of alcohol in his or her blood, as
measured by a preliminary alcohol screening test or other chemical
test . By expanding the definition of a crime, the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13557 of the Vehicle Code is amended to read:
13557. (a) The department shall review the determination made
pursuant to Section 13353, 13353.1, or 13353.2 relating to any 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, 23612, or 13382. The department
shall consider the sworn report submitted by the peace officer
pursuant to Section 23612 or 13380 and any other evidence
accompanying the report.
(b) (1) If the department determines in the review of a
determination made under Section 13353 or 13353.1, by a preponderance
of the evidence, all of the following facts, the department shall
sustain the order of suspension or revocation:
(A) That the peace officer had reasonable cause to believe that
the person had been driving a motor vehicle in violation of Section
23136, 23140, 23152, or 23153 23153, or 23154
.
(B) That the person was placed under arrest or, if the alleged
violation was of Section 23136, that the person was lawfully
detained.
(C) That the person refused or failed to complete the chemical
test or tests after being requested by a peace officer.
(D) That, except for the persons described in Section 23612 who
are incapable of refusing, the person had been told that his or her
privilege to operate a motor vehicle would be suspended or revoked if
he or she refused to submit to, and complete, the required testing.
If the department determines, by a preponderance of the evidence,
that any of those facts were not proven, the department shall rescind
the order of suspension or revocation and, provided the person is
otherwise eligible, return or reissue the person's driver's license
pursuant to Section 13551. The determination of the department upon
administrative review is final unless a hearing is requested pursuant
to Section 13558.
(2) If the department determines in the review of a determination
made under Section 13353.2, by the preponderance of the evidence, all
of the following facts, the department shall sustain the order of
suspension or revocation, or if the person is under 21 years of age
and does not yet have a driver's license, the department shall delay
issuance of that license for one year:
(A) That the peace officer had reasonable cause to believe that
the person had been driving a motor vehicle in violation of Section
23136, 23140, 23152, or 23153 23153, or 23154
.
(B) That the person was placed under arrest or, if the alleged
violation was of Section 23136, that the person was lawfully
detained.
(C) That the person was driving a motor vehicle under any of the
following circumstances:
(i) When the person had 0.08 percent or more, by weight, of
alcohol in his or her blood.
(ii) When the person was under the age of 21 years and had 0.05
percent or more, by weight, of alcohol in his or her blood.
(iii) When the person was under 21 years of age and had a
blood-alcohol concentration of 0.01 percent or greater, as measured
by a preliminary alcohol screening test, or other chemical test.
(iv) When the person was driving a vehicle that requires a
commercial driver's license and the person had 0.04 percent or more,
by weight, of alcohol in his or her blood.
(v) When the person was on probation for a violation of Section
23152 or 23153 and had a blood-alcohol concentration of 0.01 percent
or greater, as measured by a preliminary alcohol screening test or
other chemical test.
If the department determines that any of those facts were not
proven by the preponderance of the evidence, the department shall
rescind the order of suspension or revocation and, provided that the
person is otherwise eligible, return or reissue the person's driver's
license pursuant to Section 13551. For persons under 21 years of
age, the determination of the department pursuant to this paragraph
is final unless a hearing is requested within 10 days of the
determination, which hearing shall be conducted according to the
provisions of Section 13558. For persons over 21 years of age, the
determination of the department upon administrative review is final
unless a hearing is requested pursuant to Section 13558.
(c) The department shall make the determination upon
administrative review before the effective date of the order of
suspension or revocation.
(d) The administrative review does not stay the suspension or
revocation of a person's privilege to operate a motor vehicle. If the
department is unable to make a determination on administrative
review within the time limit in subdivision (c), 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,
13389, 23612, or 13382, the department shall notify the person
before the expiration date of the temporary permit issued pursuant to
Section 13388, 13389, 23612, or 13382, or the expiration
date of any previous extension issued pursuant to this subdivision,
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.
(e) A person may request and be granted a hearing pursuant to
Section 13558 without first receiving the results of an
administrative review pursuant to this section. After receiving a
request for a hearing, the department is not required to conduct an
administrative review of the same matter pursuant to this section.
(f) A determination of facts by the department under 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.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.