BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2690| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2690 Author: Mullin (D), et al. Amended: 3/20/14 in Assembly Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14 AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell, Steinberg SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14 AYES: De León, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters, Gaines ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote SUBJECT : Driving under the influence SOURCE : California District Attorneys Association DIGEST : This bill changes the term "prior violations" to "separate violations" in a statute that authorizes enhanced penalties if the current offense occurred within 10 years of a prior conviction that was punished as a felony for specified driving under the influence (DUI) offenses. ANALYSIS : Existing law: 1.Requires a person who is convicted of a DUI and the offense occurred within 10 years of three or more separate violations of specified DUI related offenses, as specified, to be CONTINUED AB 2690 Page 2 punished as a county jail-eligible felony, or as a misdemeanor in county jail for not less than 180 days nor more than one year, and by a fine of not less than $390 nor more than $1000. The person's driving privilege shall be revoked by the Department of Motor Vehicles (DMV). (Vehicle Code, § 23550 (a).) 2.States the Legislative finding and declaration that the timing of court proceedings should not permit a person to avoid aggravated mandatory minimum penalties for multiple separate offenses occurring within a 10-year period. It is the intent of the Legislature to provide that a person be subject to the enhanced mandatory minimum penalties for multiple offenses within a period of 10 years, regardless of whether the convictions are obtained in the same sequence as the offenses had been committed. (Vehicle Code§ 23217.) 3.States that 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 $390 nor more than $1,000 if that person is convicted of a violation of DUI offenses, and the offense occurred within 10 years of any of the following (Vehicle Code, § 23550.5 (a)): A. A prior violation of a DUI offense punished as a felony, as provided; B. A prior violation of a DUI causing injury that was punished as a felony; or, C. A prior violation of vehicular manslaughter with gross negligence that was punished as a felony. 1.Provides each person who, having previously been convicted of gross vehicular manslaughter while intoxicated, a felony violation vehicular manslaughter while intoxicated, or vehicular manslaughter committed during operation of a vessel, is subsequently convicted of a DUI or DUI causing injury, 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 $390 nor more than $1,000. (Vehicle Code, § 23550.5 (b).) 2.Requires the DMV to revoke the driving privilege of a person convicted of one of the offenses described above. (Vehicle Code § 23550.5 (c).) CONTINUED AB 2690 Page 3 3.Designates a person convicted of a DUI or a DUI causing injury that is punishable under the enhanced penalties provided in this section as a habitual traffic offender for a period of three years, subsequent to the conviction, and requires the person to be advised of this designation. (Vehicle Code § 23550.5 (d).) This bill changes the word "prior" in Vehicle Section 23550.5(a) to "separate" so that enhanced penalties clearly apply regardless of the timing of the offense. According to the author: According to the DMV's 2013 California DUI-MIS Report, there were nearly 150,000 DUI convictions in California in 2010 (the most recent year for which data is available). More than 25% of those convictions were for a repeat violation. Repeat offenders tend to be more inclined to drive drunk again, and with even higher blood alcohol content. The same 2013 DMV study shows that repeat offenders had an average BAC level of more than twice the legal limit when they were arrested. For decades, legislative intent to impose more severe punishment on repeat DUI offenders has been reflected in statute. However, some offenders are using a loophole in the law to avoid enhanced penalties. AB 2690 conforms Vehicle Code §23550.5(a) with other statutes relating to multiple DUI offenses, by changing the term "prior violations" to "separate violations". This achieves the Legislature's intent of punishing multiple DUI offenders more severely. Vehicle Code §23550.5(a) provides that any DUI that occurs within 10 years of a prior felony DUI is also charged as a felony. Current law also states a general intent that a person be subject to enhanced penalties for multiple DUI offenses within a 10 year period, regardless of whether the CONTINUED AB 2690 Page 4 convictions are obtained in the same sequence as the offenses had been committed (Vehicle Code §23217). Courts have repeatedly recognized that the use of the word "prior" to describe an offense has a particular meaning and signifies that the alleged prior conviction must occur prior to the conduct of the currently charged offense. People v. Snook (1997) 16 Cal.4th 1210 and People v. Baez (2008) 167 Cal.App.4th 197. Despite the Legislature's clear intent to the contrary, when the order of an offender's DUI convictions does not follow the order of the offenses, the offender escapes enhanced penalties. Take, for example, a person who is charged with DUI in February. In April, while awaiting trial on the February DUI, they drive drunk and injure someone, which is a felony. They plead guilty to the April felony DUI before the trial begins on the February DUI. The February DUI cannot then be charged as a felony, despite having occurred within 10 years of a felony DUI - precisely the situation contemplated in Vehicle Code §23217. Related statutes pertaining to multiple DUI offenses have been amended over time to change language from "prior" offenses to "separate" offenses. This is true for both Vehicle Code §23550, as well as Vehicle Code §23550.5(b). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Potential increase in state incarceration costs (General Fund) to the extent the enhanced penalty for multiple DUI offenses leads to additional Department of Corrections and Rehabilitation (CDCR) commitments (for those previously convicted of a serious or violent felony) and/or longer lengths of sentences. CDCR data indicates over 1,000 commitments to state prison in 2013 under the relevant DUI offense statutes. To the extent even one-half to one percent, or five to 10 commitments are impacted by the bill's provisions would result in increased state incarceration costs CONTINUED AB 2690 Page 5 of about $150,000 to $300,000 based on the in-state contract bed cost of $30,000. Potential increase in local incarceration costs to the extent the enhanced penalty for multiple DUI offenses leads to additional jail commitments and/or longer jail terms. To the extent a portion of the new and/or extended jail sentences resulting from this bill would have spent the enhancement in prison prior to 2011 Realignment would potentially result in these costs being subject to state reimbursement. SUPPORT : (Verified 8/15/14) California District Attorneys Association (source) ASSEMBLY FLOOR : 79-0, 5/28/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Vacancy JG:nl 8/16/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED