BILL ANALYSIS SB 895 Page 1 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. SB 895 Page 2 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 SB 895 Page 3 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 SB 895 Page 4 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 SB 895 Page 5 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 SB 895 Page 6 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 SB 895 Page 7 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 SB 895 Page 8 None Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916) 319-3744