BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 895|
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                                 THIRD READING


          Bill No:  SB 895
          Author:   Huff (R)
          Amended:  4/6/10
          Vote:     27 - Urgency

           
           SENATE PUBLIC SAFETY COMMITTEE  : 7-0, 4/13/10
          AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Vehicles: drivers license: suspension

           SOURCE  :     Author


           DIGEST  :    This bill corrects a drafting error in a law  
          passed last year to allow a person convicted of "driving  
          under the influence" to get a restricted license after a  
          specified period of time if he/she installs an ignition  
          interlock device on his/her vehicle.

           ANALYSIS  :    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/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 Sections  
          13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566, and  
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          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 percent or more, or if  
          the person was under 21 years of age and blood alcohol of  
          0.01 percent 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 Section 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 Section 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.

           Background
           
           Intent to Allow a Restricted License Sooner With IID  
          Installation  .  The intent of SB 598 (Huff), Chapter 193,  
          Statutes of 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  







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          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.

           Prior Legislation
           
          SB 598 (Huff), 39-0, 9/10/09, Chapter 193, Statutes of  
          2009.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  4/26/10)

          PORAC
          Taxpayers for Improving Public Safety


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          this bill is a clean-up bill which is 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 bill was drafted, however, the changes are only  
          applied to the criminal suspension side of the process.  A  
          DUI offender who has had his/her driving privilege  
          suspended by the DMV will 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 his/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.







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          This bill requires 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.

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


          RJG:do  4/26/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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