BILL ANALYSIS Ó
AB 520
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 520 (Ammiano)
As Amended September 2, 2011
Majority vote
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|ASSEMBLY: | |(June 2, 2011) |SENATE: |31-4 |(September 7, |
| | | | | |2011) |
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(vote not relevant)
Original Committee Reference: PUB. S.
Summary : Allows a person convicted of alcohol-related reckless
driving ("wet reckless") to apply for a restricted license early
if he or she complies with specified requirements, including
installation of an ignition interlock device (IID).
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Allow a person convicted of "wet reckless" to apply for a
restricted license after a 90-day suspension, if he or she
installs an ignition interlock on his or her car and complies
with all the other requirements, including proof of financial
responsibility, payment of fees, and satisfactory
participation in a driving-under-the-influence (DUI) program.
2)Limit restricted-license eligibility to persons having no more
than two prior alcohol-related convictions within ten years.
3)Require the Department of Motor Vehicles (DMV) to advise
eligible persons of the ability to apply for a restricted
license after completion of a 90-day suspension period.
4)Provide that the restricted-driving privilege remains in
effect for at least the remaining period of the original
suspension and until the driver provides proof of completion
of a DUI program.
5)Require proof of financial responsibility in order to maintain
a restricted license.
6)Require DMV to terminate a restricted license upon
notification from the DUI program that the person has failed
AB 520
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to comply with the requirements of the program.
7)Require DMV to terminate a restricted license upon
notification from an IID installer that the person attempted
to tamper with or remove the IID.
8)Prohibit the holder of a commercial driver's license to obtain
a restricted license if the holder was operating a commercial
motor vehicle at the time he or she committed the violation
which resulted in license suspension or revocation of the his
or her non-commercial driving privilege.
9)Make conforming changes to other Vehicle Code provisions.
EXISTING LAW :
1)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.
2)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 with
a 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
the ability to seek a restricted license within 12 months.
3)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.
4)Authorizes the court to 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
AB 520
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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.
5)Authorizes a person who has been convicted of specified DUI
offenses and who has had his or her driving privilege
suspended or revoked by the court to apply to DMV for a
restricted driver's license if specified conditions are met
including that the person has installed an IID.
AS PASSED BY THE ASSEMBLY , this bill extended the sunset date
from January 1, 2012, to January 1, 2013, for provisions of law
giving the court discretion to impose the term or enhancement
that best serves the interest of justice as required by SB 40
(Romero) Chapter 3, Statutes of 2007, SB 150 (Wright), Chapter
171, Statutes of 2009, and Cunningham v. California (2007) 549
U.S. 270, and makes other conforming changes.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
DMV implementation $160 $0 $0 Special*
DMV administration $5** $10** $10** Special*
*Motor Vehicle Account
** Ongoing costs fully offset by fees
COMMENTS : According to the author, "Under current law, persons
with a current DUI who also have a prior DUI have the option to
participate in the Ignition Interlock Device program after 90
days of license suspension. However, persons with a "wet and
reckless" violation who have a prior DUI do not have this same
option to participate, even though a "wet and reckless" offense
is a lower offense. AB 520 would simply correct this oversight
and allow for persons with a "wet and reckless" without bodily
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injury, and who have a prior DUI, to participate in the Ignition
Interlock Device program after 90 days of license suspension."
This bill was substantially amended in the Senate and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with Assembly actions
and the provisions of this bill, as amended in the Senate have
not been heard in an Assembly policy committee.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0002740