AB 2690,
as amended, Mullin. begin deleteRegional transportation plan. end deletebegin insertDriving under the influence.end insert
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence or driving under the influence causing injury, is subject to enhanced penalties if the current offense occurred within 10 years of a prior conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
end insertbegin insertThis bill would instead authorize those enhanced penalties for a current conviction for driving under the influence or driving under the influence causing injury that occurs within 10 years of a separate conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
end insertbegin insertBy changing the scope of penalties for existing crimes, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law creates the Metropolitan Transportation Commission as the transportation planning agency for the 9-county Bay Area, with various transportation planning and programming responsibilities. Existing law requires each transportation planning agency to develop and adopt a regional transportation plan. Existing law requires the commission, when developing the regional transportation plan for the Bay Area region, to consider various matters as well as the plans of other agencies.
end deleteThis bill would make nonsubstantive changes to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 23550.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended
2to read:end insert
(a) A person is guilty of a public offense, punishable
4by imprisonment in the state prison or confinement in a county
5jail for not more than one year and by a fine of not less than three
6hundred ninety dollars ($390) nor more than one thousand dollars
7($1,000) if that person is convicted of a violation of Section 23152
8or 23153, and the offense occurred within 10 years of any of the
9following:
10(1) Abegin delete priorend deletebegin insert separateend insert violation of Section 23152 that was
11punished as a felony under Section 23550 or this section, or both,
12or under former Section 23175 or former Section 23175.5,
or both.
13(2) Abegin delete priorend deletebegin insert
separateend insert violation of Section 23153 that was
14punished as a felony.
15(3) Abegin delete priorend deletebegin insert separateend insert violation of paragraph (1) of subdivision
16(c) of Section 192 of the Penal Code that was punished as a felony.
17(b) Each person who, having previously been convicted of a
18violation of subdivision (a) of Section 191.5 of the Penal Code, a
19felony violation of subdivision (b) of Section 191.5, or a violation
20of subdivision (a) of Section 192.5 of the Penal Code, is
P3 1subsequently convicted of a violation of Section 23152 or 23153
2is guilty of a public offense punishable by imprisonment in the
3state prison or confinement in a county jail for not more than one
4year and by
a fine of not less than three hundred ninety dollars
5($390) nor more than one thousand dollars ($1,000).
6(c) The privilege to operate a motor vehicle of a person
7convicted of a violation that is punishable under subdivision (a)
8or (b) shall be revoked by the departmentbegin delete underend deletebegin insert pursuant toend insert
9 paragraph (7) of subdivision (a) of Section 13352, unless paragraph
10(6) of subdivision (a) of Section 13352 is also applicable, in which
11case the privilege shall be revoked under that provision. The court
12shall require the person to surrender the driver’s license to the
13court in accordance with Section 13550.
14(d) A person convicted of a violation of Section 23152 or 23153
15that is punishable under this section
shall be designated as a
16habitual traffic offender for a period of three years, subsequent to
17the conviction. The person shall be advised of this designation
18under subdivision (b) of Section 13350.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
Section 66509 of the Government Code is
29amended to read:
In developing the regional transportation plan, the
31commission shall consider:
32(a) The plan recommended by the Bay Area Transportation
33Study Commission, with modifications as recommended by the
34Regional Transportation Planning Committee.
35(b) The ecological, economic, and social impact of existing and
36future regional transportation systems upon various facets of the
37region, including, but not limited to, housing, employment,
38recreation,
environmental quality, land-use policies, and the
39economically disadvantaged.
P4 1(c) The regional plans prepared and adopted by organizations
2concerned with policies and programs designed to meet the near-
3and long-term planning needs of the region. That consideration by
4the commission shall include, but not be limited to, plans prepared
5and adopted by the Association of Bay Area Governments, the
6San Francisco Bay Conservation and Development Commission,
7and the state Office of Planning
and Research.
O
98