BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               B

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          SB 895 (Huff)                                               
          As Amended April 6, 2010
          Hearing date:  April 13, 2010
          Vehicle Code (URGENCY)
          MK:mc

                        VEHICLES: DRIVER'S LICENSE: SUSPENSION  

                                       HISTORY

          Source:  Author

          Prior Legislation: SB 598 (Huff) - Ch. 193, Stats. 2009

          Support: Taxpayers for Improving Public Safety

          Opposition:None known
           

                                         KEY ISSUE
           
          SHOULD THE LAW BE CLARIFIED TO CONFORM TO THE INTENT OF LEGISLATION  
          PASSED LAST YEAR TO ALLOW A PERSON CONVICTED OF DRIVING UNDER THE  
          INFLUENCE (DUI) TO GET A RESTRICTED LICENSE AFTER A SPECIFIED PERIOD  
          OF TIME IF HE OR SHE INSTALLS AN IGNITION INTERLOCK, WHETHER THE  
          SUSPENSION OF HIS OR HER LICENSE IS A COURT OR ADMINISTRATIVE  
          SUSPENSION?


                                       PURPOSE

          The intent of this bill is to correct a drafting error in a law  
          passed last year to allow a person convicted of DUI to get a  




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          restricted license after a specified period of time if he or she  
          installs an ignition interlock device on his or her vehicle.

           Existing law  that will become operative on July 1, 2010,  
          authorizes a person who has been convicted of specified driving  
          under the influence (DUI) offenses and has had his or her  
          driving privilege suspended or revoked by the court to apply to  
          the Department of Motor Vehicles (DMV) for a restricted driver's  
          license if specified conditions are met including that the  
          person has installed an ignition interlock device (IID).   
          (Vehicle Code  13352, 13352.5, 23109, 23550, 23550.5, 23552,  
          23566, and 23568.)

           Existing law  provides that the DMV shall suspend the driving  
          privilege of a person if the person was driving with a blood  
          alcohol level of .08% or more, or if the person was under 21  
          years of age and blood alcohol of 0.01% or more.  If the person  
          has had a prior driving in excess of the blood alcohol limits  
          within 10 years, the length of suspension shall be for 24 months  
          with ability to seek a restricted license within 12 months.   
          (Vehicle Code  23542.)

           Existing law  provides that an order to suspend a person's  
          driving privilege by DMV shall become effective 30 days after  
          the person is served with notice and specifies how long the  
          suspension of the driving privilege shall last.  (Vehicle Code   
          13353.3.)

           This bill  clarifies that the DMV suspension shall terminate if  
          the person has been convicted of the violation arising out of  
          the same occurrence and the person is eligible for a restricted  
          license upon the installation of an ignition interlock device  
          and meets all other applicable conditions of a suspended  
          license.

                                          
              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  




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          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  
               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  




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               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The
               state of emergency declared by Governor Schwarzenegger  
               almost three years ago continues to this day,  
               California's prisons remain severely overcrowded, and  
               inmates in the California prison system continue to  
               languish without constitutionally adequate medical and  
               mental health care.<1>

          The court stayed implementation of its January 12, 2010, ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  That appeal, and the final outcome of this litigation,  
          is not anticipated until later this year or 2011.

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.










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          ---------------------------
          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).











                                      COMMENTS

          1.    Need for This Bill  

          According to the author:

              SB 895 is a clean-up measure needed in order to clarify  
              the goal of SB 598 (Huff) from 2009 regarding restricted  
              driver's license changes.

              The intent of SB 598 was to apply the restricted  
              driver's license changes to  both  the administrative and  
              criminal suspension of DUI conviction.

              The way the measure was drafted, however, the changes  
              are only applied to the criminal suspension side of the  
              process.  A DUI offender who has had his driving  
              privilege suspended by the Department of Motor Vehicles  
              would still be required to serve out the one-year  
              suspension.

              Existing law that will become operative on July 1, 2010,  
              authorizes a person who has been convicted of a DUI  
              offense who has had her driving privilege suspended or  
              revoked to apply to the DMV for a restricted driver's  
              license, if certain conditions, including that the  
              person has installed an ignition interlock device, are  
              met.

              Existing  administrative  law requires DMV to immediately  
              suspend the driving privilege of a person under certain  
              circumstances.

              SB 895 will require the one-year administrative  
              suspension to terminate if the person has been convicted  
              of a violation arising out of the same occurrence and  
              the person meets specified conditions.





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              Due to the fact that SB 598 from 2009 becomes operative  
              July 1, 2010, SB 895 declares that it is to take effect  
              immediately as an urgency statute.

          2.    Intent to Allow a Restricted License Sooner With IID  
          Installation  

          The intent of SB 598 (Huff) (Chapter 193, Statutes. 2009) was to  
          allow a person to serve a shorter restricted license period upon  
          the installation of an ignition interlock device (IID).  While  
          the law prior to SB 598 taking effect allows a person to get a  
          restriction after 12 months, the idea was to shorten that time  
          frame and get more people driving with a valid yet restricted  
          license.  Because of the confusing nature of the cross over  
          between the administrative license suspension and the court  
          license suspension, there were drafting errors in the bill that  
          still required the person to serve their entire 12 month DMV  
          suspension even if that suspension went beyond the post  
          conviction suspension time in SB 598.  This bill corrects that  
          error by saying the administrative suspension will end when the  
          requirements of SB 598 are met.  The reality is many DUI  
          offenders that fall under this bill and its predecessor will  
          still end up serving close to,  if not the full DMV  
          administrative suspension because they are repeat offenders.   
          Unless they offer a plea right away these cases can take months  
          before they go to trial or a plea is entered.

          3.            Urgency  

          SB 598 takes effect on July 1, 2010.  SB 895 contains an urgency  
          clause to take effect immediately.  Hopefully, the confusion  
          raised by the drafting error does not delay the implementation  
          of SB 598 as it was intended.


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