BILL NUMBER: AB 2690 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Mullin
(Principal coauthor: Senator Hill)
FEBRUARY 21, 2014
An act to amend Section 66509 of the Government Code,
relating to transportation planning. An act to amend
Section 23550.5 of the Vehicle Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2690, as amended, Mullin. Regional transportation
plan. Driving under the influence.
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.
This 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.
By changing the scope of penalties for existing crimes, this bill
would impose a state-mandated local program.
The 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing 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.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23550.5 of the
Vehicle Code is amended to read:
23550.5. (a) A person is guilty of a public offense, punishable
by imprisonment in the state prison or confinement in a county jail
for not more than one year and by a fine of not less than three
hundred ninety dollars ($390) nor more than one thousand dollars
($1,000) if that person is convicted of a violation of Section 23152
or 23153, and the offense occurred within 10 years of any of the
following:
(1) A prior separate violation of
Section 23152 that was punished as a felony under Section 23550 or
this section, or both, or under former Section 23175 or former
Section 23175.5, or both.
(2) A prior separate violation of
Section 23153 that was punished as a felony.
(3) A prior separate violation of
paragraph (1) of subdivision (c) of Section 192 of the Penal Code
that was punished as a felony.
(b) Each person who, having previously been convicted of a
violation of subdivision (a) of Section 191.5 of the Penal Code, a
felony violation of subdivision (b) of Section 191.5, or a violation
of subdivision (a) of Section 192.5 of the Penal Code, is
subsequently convicted of a violation of Section 23152 or 23153 is
guilty of a public offense punishable by imprisonment in the state
prison or confinement in a county jail for not more than one year and
by a fine of not less than three hundred ninety dollars ($390) nor
more than one thousand dollars ($1,000).
(c) The privilege to operate a motor vehicle of a person convicted
of a violation that is punishable under subdivision (a) or (b) shall
be revoked by the department under pursuant
to paragraph (7) of subdivision (a) of Section 13352, unless
paragraph (6) of subdivision (a) of Section 13352 is also applicable,
in which case the privilege shall be revoked under that provision.
The court shall require the person to surrender the driver's license
to the court in accordance with Section 13550.
(d) A person convicted of a violation of Section 23152 or 23153
that is punishable under this section shall be designated as a
habitual traffic offender for a period of three years, subsequent to
the conviction. The person shall be advised of this designation under
subdivision (b) of Section 13350.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 66509 of the Government Code
is amended to read:
66509. In developing the regional transportation plan, the
commission shall consider:
(a) The plan recommended by the Bay Area Transportation Study
Commission, with modifications as recommended by the Regional
Transportation Planning Committee.
(b) The ecological, economic, and social impact of existing and
future regional transportation systems upon various facets of the
region, including, but not limited to, housing, employment,
recreation, environmental quality, land-use policies, and the
economically disadvantaged.
(c) The regional plans prepared and adopted by organizations
concerned with policies and programs designed to meet the near- and
long-term planning needs of the region. That consideration by the
commission shall include, but not be limited to, plans prepared and
adopted by the Association of Bay Area Governments, the San Francisco
Bay Conservation and Development Commission, and the state Office of
Planning and Research.