BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   June 15, 2010
          Counsel:                Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      SB 895 (Huff) - As Amended:  April 6, 2010


           SUMMARY  :   Clarifies that the Department of Motor Vehicles (DMV)  
          license suspension resulting from an offense of driving under  
          the influence (DUI) 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 (IID) and meets all  
          other applicable conditions of a suspended license. 

           EXISTING LAW  :

          1)In addition to any other provisions of law, the court may  
            require that a person convicted of a first offense DUI install  
            a certified IID on any vehicle that the person owns or  
            operates and prohibit that person from operating a motor  
            vehicle unless that vehicle is equipped with a functioning,  
            certified IID.  The court shall give heightened consideration  
            to applying this sanction to a first offense violator with  
            0.15% or more, by weight, of alcohol in his or her blood at  
            arrest, or with two or more prior moving traffic violations,  
            or to persons who refused the chemical tests at arrest.  If  
            the court orders the IID restriction, the term shall be  
            determined by the court for a period not to exceed three years  
            from the date of conviction.  The court shall notify the DMV,  
            as specified in Vehicle Code Section 1803(a), of the terms of  
            the restrictions in accordance with Vehicle Code Section  
            1804(a).  The DMV shall place the restriction in the person's  
            records in the DMV.  [Vehicle Code Section 23575(a)(1).]

          2)The court shall require a person convicted of a violation of  
            driving on a suspended license because of a DUI to install an  
            IID on any vehicle that the person owns or operates and  
            prohibit the person from operating a motor vehicle unless the  
            vehicle is equipped with a functioning, certified IID.  The  
            term of the restriction shall be determined by the court for a  
            period not to exceed three years from the date of conviction.   








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            The DMV shall place the restriction in the person's records in  
            the DMV.  [Vehicle Code Section 23575(a)(2).]

          3)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.  [Vehicle Code Section 23152 (a).]

          4)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.  [Vehicle Code Section 23152(b).]

          5)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.  (Vehicle Code Section 23540.)

          6)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  
            driver's license.  [Vehicle Code Section 23546(a).]

          7)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.  (Vehicle Code  
            Section 23550.)

          8)States that the assessment report shall include, if  
            applicable, a recommendation for any additional treatment and  
            the duration of such treatment.  Provides that such treatment  
            shall be in addition to the education, group counseling and  
            individual interview sessions prescribed by Health and Safety  
            Code Section 11837.  [Vehicle Code Section 23648(b).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Senate Bill 895  








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            simply corrects a drafting error in last years SB 598, which I  
            authored.  SB 598 shortened the suspension period for a repeat  
            DUI offender to get a restricted license if they install an  
            IID on their vehicle.  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.  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 a 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 DMV 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  
            and who has had his or 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 the 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.  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)Changes in Existing IID Law  :  SB 598 (Huff), Chapter 193,  
            Statutes of 2009, authorizes an offender convicted of a second  








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            or subsequent DUI who shows proof that he or she installed an  
            IID to receive a reinstated license in 90 days rather than in  
            one year.  SB 598 will become operative on July 1, 2010.   
            According to the author of SB 598, "Only a small percentage of  
            people convicted of multiple DUIs are required by court to  
            install an IID on their vehicles to discourage recidivism.  
            Senate Bill 598 will increase the use of ignition interlocks  
            among repeat offenders while they are in treatment and will  
            reduce the incidence of driving while on a suspended license.  
            The measure provides one more tool to proactively fight drunk  
            driving."  However, SB 598 inadvertently failed to amend  
            Vehicle Code Section 13353.3 which relates to the DMV process  
            of license suspension."  This bill conforms procedures related  
            to the administrative process of license suspension with  
            changes made last year allowing a driver to receive a  
            reinstated license in 90 days if he or she shows proof of an  
            IID. 

           3)License Suspension and Revocation  :  Currently, DUI results in  
            license suspension or revocation under certain circumstances.   
            The length of time of suspension or revocation depends on a  
            number of prior convictions and is listed in other code  
            sections.  Vehicle Code Section 13352 is the general statute  
            regarding license suspension or revocation for DUI and speed  
            contest and states, in relevant part, "The department [DMV]  
            shall immediately suspend or revoke the privilege of a person  
            to operate a motor vehicle upon the receipt of an abstract of  
            the record of a court showing that the person has been  
            convicted of [driving under the influence and speed contest]."  
             [Vehicle Code Section 13352(a).]  Below is a description of  
            various license suspension terms and conditions for those  
            arrested or convicted of DUI or DUI causing great bodily  
            injury. 

              a)   First Offense  :  When a person is convicted of DUI  
               without injury as a first offense, except under certain  
               circumstances, the person's license shall be suspended for  
               six months.  This means unless the person meets other  
               criteria, he or she may not operate a motor vehicle for  
               that period of time.  [Vehicle Code Section 13352(a)(1).]  

             The privilege to drive may only be reinstated, as defined in  
               other statutes, if the person shows proof of financial  
               responsibility and has completed the DUI program offered by  
               the DMV, as specified.  However, enrollment and completion  








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               of the course must occur after the conviction.  [Vehicle  
               Code Section 13352(a)(1).]

             When a person is convicted of DUI causing bodily injury, the  
               privilege to operate a motor vehicle shall be suspended for  
               one year.  Again, the privilege may only be reinstated if  
               he or she can show proof of financial responsibility and  
               successful completion of a DUI program.  [Vehicle Code  
               Section 13352(a)(2).]

             When a person is arrested (before conviction) for DUI as a  
               first offense, existing law allows the DMV to suspend his  
               or her license immediately.  [Vehicle Code Section  
               13353.2(a)(1).]  The period of suspension for a first  
               offense is four months assuming the driver did not refuse a  
               chemical test, as specified.  [Vehicle Code Section  
               13353.3(b)(2).]  Notwithstanding that provision, if a  
               first-time DUI arrestee shows proof of enrollment in a DUI  
               program and is 21 years of age or older, he or she may get  
               a restricted license after 30 days.  A restricted license  
               means the driver may only drive to and from specific  
               places, such as the DUI program, work and/or school.   
               [Vehicle Code Section 13353.7(a).]  The restriction shall  
               be in effect for a period of five months.  [Vehicle Code  
               Section 13353.7(a)(3).]  

              b)   Second Offense  :  A person convicted of DUI as a second  
               offense shall have his or her license suspended for a  
               period of two years.  [Vehicle Code Section 13352(a)(3).]   
               The privilege to operate a motor vehicle may be reinstated  
               with restriction after  one year  where the person show proof  
               of financial responsibility, enrollment in a DUI program  
               and proof of installation of an IID.  [Vehicle Code section  
               13352 (a)(3)(A) to (F).]

             When a person is convicted of a second offense DUI with  
               injury, his or her license is suspended for three years  
               although he or she may get a restricted license after one  
               year upon a showing of proof of financial responsibility,  
               enrollment in a DUI class and proof of installation of an  
               IID.  [Vehicle Code Section 13352(a)(4).] 

             A person who has been previously convicted of DUI and is  
               arrested again for DUI shall have his or her license  
               suspended for a period of one year.  [Vehicle Code Section  








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               13353.3(b)(2).]  SB 598, Chapter 193, Statutes of 2009 will  
               allow an offender who shows proof of installation of an IID  
               may receive a restricted license in 90 days. 

              c)   Multiple Offenses  :  A person convicted of DUI for a  
               third offense shall have his or her license suspended for a  
               period of three years.  A person may receive a restricted  
               license after  one year  if he or she shows proof of  
               financial responsibility, enrolls in a DUI class and shows  
               proof of installation of an IID.  [Vehicle Code Section  
               13352(a)(5).]  If convicted of a third offense of DUI with  
               injury, a person's license to operate a motor vehicle shall  
               be suspended for a period of five years with the ability to  
               get a restricted license if he or she demonstrates, among  
               other things explained above, proof of installation of an  
               IID.  [Vehicle Code Section 13352(a)(6).]  If a person is  
               convicted of a DUI for a fourth offense, he or she shall  
               receive a license suspension for a period of four years.   
               He or she may also get a restricted license after one year  
               if he or she shows proof of, among other things,  
               installation of an IID.  [Vehicle Code Section  
               13352(a)(4).]  

           1)Driving on a Suspended License  :  When a person is convicted of  
            DUI, he or she may not take the necessary steps to re-instate  
            his or her license.  Hence, when that person is apprehended  
            driving again, he or she faces the additional misdemeanor of  
            driving on a suspended license when the suspension is the  
            result of a DUI.  If an offender's license is suspended for  
            reasons relating to DUI, the penalty upon conviction is more  
            severe than for reasons not related to DUI.  A person who  
            operates a motor vehicle when his or her license is suspended  
            for DUI is punished as follows:  for a first offense, the  
            court shall sentence an offender to not less than 10 days and  
            not more than six months in county jail and a fine of not less  
            than $300 and not more than $1,000.  If the court grants  
            probation, the court must sentence the offender to a term of  
            10 days in county jail as a condition of probation; for a  
            second or subsequent offense committed within five years, the  
            court shall impose a sentence of not less than 30 days in  
            county jail and not more than one year and by a fine of not  
            less than $500 and not more than $2,000.  If the court grants  
            probation, the court must sentence the offender for a period  
            of 30 days.  If an offender is convicted of a second or  
            subsequent offense within seven years but over five years and  








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            the court grants probation, the court must sentence the  
            offender to a term of 10 days in county jail as a condition of  
            probation.  [Vehicle Code Section 14601.2(d) to (g).]  

          Existing law also allows the DMV to suspend a person's license  
            for failing to provide a chemical or breathe test upon request  
            by a peace officer.  The penalties for operating a motor  
            vehicle on a suspended license when the suspension is based on  
            a refusal to submit to a chemical test are as follows:  for a  
            first offense, a court may sentence for a term of not more  
            than six months in the county jail, a fine of not less than  
            $300 and not more than $1,000 or by both imprisonment and  
            fine; an offender convicted of second or subsequent offense  
            within five years must be sentenced to a minimum of 10 days  
            and not more than one year in county jail and by a fine of not  
            less than $5,000.

           1)Related Legislation  :  

             a)   AB 91 (Feuer), Chapter 217, Statutes of 2009 established  
               a three-county DMV pilot program that requires a person  
               convicted of DUI to install an IID, as specified, on all  
               vehicles he or she owns or operates.  
              
             b)   SB 598 (Huff), Chapter 193, Statutes of 2009, provided  
               that the DMV shall advise a person convicted of a second or  
               third offense of DUI with a blood alcohol content of 0.08%  
               or more that he or she may receive a restricted license, as  
               specified, if he or she shows verification of installation  
               of a certified IID and pays a fee sufficient to include the  
               costs of administration, as specified. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Interlock Service Providers
          California Attorneys for Criminal Justice
          California DUI Attorneys
          Police Officers Research Association of California 
          San Bernardino County Sheriffs Department
          Taxpayers for Improving Public Safety

          Opposition 
           








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          None
           

          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744