BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 598|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 598
Author: Huff (R), et al
Amended: 9/4/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/28/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wyland, Yee
NO VOTE RECORDED: Wolk
SENATE FLOOR : 39-0, 6/3/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 78-0, 9/8/09 - See last page for vote
SUBJECT : Vehicles: driving under the influence
SOURCE : Distilled Spirits Council of the United States
CONTINUED
SB 598
Page
2
DIGEST : This bill amends existing driving-under the
influence laws relative to the procedures to be followed
for the issuance of a restricted drivers license.
Assembly Amendments (1) add co-authors; (2) delete the 12
month wait to apply for a restricted drivers license; and
(3) require revocation of a drivers license for similar
convictions with in a ten year period of time.
ANALYSIS : Existing law requires a person's privilege to
operate a motor vehicle to be suspended or revoked for a
specified period of time if the person has been convicted
of violating specified provisions prohibiting driving a
motor vehicle while under the influence of an alcoholic
beverage or drug, or the combined influence of an alcoholic
beverage and drug, or with 0.08 percent or more, by weight,
of alcohol in his or her blood, or who is addicted to the
use of any drug. Existing law authorizes a person whose
privilege is suspended or revoked in that manner to receive
a restricted driver's license if specified requirements are
met, including, in some instances, the installation of a
certified ignition interlock device on the person's
vehicle.
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 of specified driving-under-the-influence offenses,
be punished by his or her driving privilege being suspended
for two years. The Department of Motor Vehicles is
required to advise the person that he/she may apply for a
restricted driver's license after completion of 12 months
of the suspension period, which may include credit for a
specified concurrent suspension, subject to certain
conditions, including, among other things, submitting proof
of installation of a certified ignition interlock device,
agreeing to maintain the ignition interlock device, and
paying certain fees, including, but not limited to, all
administrative fees or reissue fees.
This bill instead requires the department to advise a
person, who was only under the influence of an alcoholic
beverage at the time of the violation, that he/she may
apply for a restricted driver's license after completion of
CONTINUED
SB 598
Page
3
90 days of the suspension period, under certain
circumstances.
Existing law requires that a person convicted of driving
under the influence, without bodily injury to another,
within 10 years of being convicted of two separate
violations of specified driving-under-the-influence
offenses, be punished by his/her driving privilege being
revoked for three years. The department is required to
advise the person that he or she may apply for a restricted
driver's license after completion of 12 months of the
revocation period, which may include credit for a specified
concurrent suspension, subject to certain conditions,
including, among other things, satisfactory completion of
12 months of an 18-month or 30-month
driving-under-the-influence program, submitting proof of
installation of a certified ignition interlock device,
agreeing to maintain the ignition interlock device, and
paying certain fees.
This bill instead requires the department to advise a
person, who was found to be only under the influence of an
alcoholic beverage at the time of the violation, of his or
her ability to apply for a restricted driver's license
after completion of 6 months of the revocation period,
subject to certain conditions, including that if the person
is convicted of a specified offense that person
subsequently satisfactorily provides proof of enrollment in
an 18-month or 30-month driving-under-the-influence
program, as prescribed. The bill requires the person to
pay a fee sufficient to cover the costs of administration,
as determined by the department.
This bill requires that a person convicted of driving under
the influence of any drug or the combined influence of any
drug and an alcoholic beverage, without bodily injury to
another, within 10 years of being convicted of a separate
violation of one of the specified
driving-under-the-influence offenses, be punished by his or
her driving privilege being revoked for two years. This
bill authorizes the department to reinstate the privilege
provided certain conditions are met. This bill requires
the department to advise the person that he/she may apply
for a restricted driver's license after completion of 12
CONTINUED
SB 598
Page
4
months of the suspended period, subject to certain
conditions including, among other things, that the person
provides proof of enrollment in an 18-month or 30-month
driving-under-the-influence program, as prescribed.
This bill requires a person convicted of driving under the
influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to
another, within 10 years of being convicted of 2 separate
violations of specified driving-under-the-influence
offenses, be punished by his/her driving privilege being
revoked for three years. This bill authorizes the
department to reinstate the privilege provided certain
conditions are met. This bill requires the department to
advise the person that he or she may apply for a restricted
driver's license after completion of 12 months of the
suspended period, subject to certain conditions, including,
among other things, that the person has satisfactorily
completed the initial 12 months of an 18-month or 30-month
driving-under-the-influence program as prescribed.
This bill makes other conforming changes.
This bill becomes operative on July 1, 2010.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
DMV implementation costs $267 Special*
DMV ongoing costs $173**$172** Special*
*Motor Vehicle Account
**Staff notes that ongoing costs are fully offset by fees
SUPPORT : (Verified 9/9/09)
CONTINUED
SB 598
Page
5
Distilled Spirits Council of the United States (source)
The Century Council
ARGUMENTS IN SUPPORT : The Distilled Spirits Council of
the United States writes that, "Hardcore drunk drivers
account for the majority of alcohol-involved traffic
fatalities. Crash data shows that drivers with a BAC of
.15 or above are 380 times more likely to be involved in a
fatal crash than the average non-drinking driver.
According to the National Highway Traffic Safety
Administration, in 2007, drivers with a BAC of .15 or above
accounted for approximately 54 percent of the
alcohol-involved fatal crashes in California.
Studies have revealed that many offenders who are required
to install an interlock simply do not do so. In fact, only
abut 20% of the offenders ordered to install interlocks in
the United States have actually complied with this order.
This scenario occurs due to inadequate compliance
monitoring and poorly administered interlock programs. All
too often interlocks are not integrated into a
comprehensive set of sanctions aimed at rehabilitating a
DUI offender. Research shows that interlocks are an
effective deterrent while the device is on an offender's
car, but unless the interlock device is used in tandem with
other solutions, such as assessment and treatment, it is
unlikely to result in long-term behavior change."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Vacancy
CONTINUED
SB 598
Page
6
RJG:do 9/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED