Amended in Assembly March 28, 2016

Amended in Assembly February 23, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1571

Introduced by Assembly Members Lackey and Cooley

(Principal coauthor: Senator Huff)

(Coauthors: Assembly Members Baker, Chávez, Mathis, Steinorth, Waldron, and Wilk)

(Coauthor: Senator Nielsen)

January 4, 2016

An act to amend Section 11837 of the Health and Safety Code, and to amend begin delete Sections end delete begin insert Section end insert 23538 begin delete and 23578 end delete of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1571, as amended, Lackey. Vehicles: driving under the influence: alcohol abuse programs.

Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. begin delete Existing law requires a court to refer a first offender whose blood-alcohol concentration was 0.20% or more, by weight, or who refused to take a chemical test to participate in a licensed program, as specified, for at least 9 months or longer. end delete Existing law requires a county alcohol program administrator to coordinate court-established reporting requirements with the Department of Motor Vehicles and the State Department of Health Care Services.

This bill would require that enrollment in an approved program take place within 30 days of begin delete conviction. The bill would also require the court to refer a first offender whose blood contained a blood-alcohol concentration of 0.15% or more, by weight, and a controlled substance, as defined, to the 9-month program described above. end delete begin insert conviction, unless an extension of no longer than 30 days is granted by the court, as specified. The bill would also require the court, for first time offenders, to consider a blood-alcohol concentration of 0.08% or more, by weight, in combination with the presence of a Schedule I or II controlled substance, as defined, as an aggravating factor that may justify enhancing the terms and conditions of probation, as specified. end insert The bill would require the county alcohol program administrator to additionally coordinate court referral and tracking documents with the Department of Motor Vehicles and the State Department of Health Care Services. By imposing new duties on a county employee, this bill would create a state-mandated local program.

begin delete

Existing law provides that if a person is convicted of a driving-under-the-influence violation, the court is required to consider a concentration of alcohol in the person’s blood of 0.15% or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, whether to grant probation, and if probation is granted, in determining additional or enhanced terms and conditions of probation.

end delete begin delete

This bill would additionally require the court to consider any blood-alcohol concentration in combination with the presence of a controlled substance in the person’s blood, as defined, as a special factor for purposes of these provisions.

end delete

Existing law authorizes a court, as a condition of probation, to refer a person convicted for driving under the influence to a licensed program, as specified, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. Existing law requires a clerk of the court to indicate the duration of the treatment program the judge has ordered a person to participate in the abstract of the court record that is forwarded to the State Department of Health Care Services.

This bill would instead require a court to refer a person with a 2nd or subsequent driving under the influence conviction to a licensed program as a condition of probation even if the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. The bill would require the clerk of the court to also indicate the duration of the treatment program ordered on court referral and tracking documents. begin delete The bill would make other conforming changes. end delete

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11837 of the Health and Safety Code is
amended to read:

11837.  

(a) Pursuant to the provisions of law relating to
suspension of a person’s privilege to operate a motor vehicle upon
conviction for driving while under the influence of any alcoholic
beverage or drug, or under the combined influence of any alcoholic
beverage and any drug, as set forth in paragraph (3) of subdivision
(a) of Section 13352 of the Vehicle Code, the Department of Motor
Vehicles shall restrict the driving privilege pursuant to Section
13352.5 of the Vehicle Code, if the person convicted of that offense
participates for at least 18 months in a driving-under-the-influence
program that is licensed pursuant to this chapter.

(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors
and Navigation Code, in a licensed alcohol and other drug
education and counseling services program pursuant to Section
23538 of the Vehicle Code, or, pursuant to Section 23542, 23548,
23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed
18-month or 30-month program, the court may consider any
relevant information about the person made available pursuant to
a presentence investigation, that is permitted but not required under
Section 23655 of the Vehicle Code, or other screening procedure.
That information shall not be furnished, however, by any person
who also provides services in a privately operated, licensed
program or who has any direct interest in a privately operated,
licensed program. In addition, the court shall obtain from the
Department of Motor Vehicles a copy of the person’s driving
record to determine whether the person is eligible to participate in
a licensed 18-month or 30-month program pursuant to this chapter.
When preparing a presentence report for the court, the probation
department may consider the suitability of placing the defendant
in a treatment program that includes the administration of
nonscheduled nonaddicting medications to ameliorate an alcohol
or controlled substance problem. If the probation department
recommends that this type of program is a suitable option for the
defendant, the defendant who would like the court to consider this
option shall obtain from his or her physician a prescription for the
medication, and a finding that the treatment is medically suitable
for the defendant, prior to consideration of this alternative by the
court.

(c) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first offender
whose concentration of alcohol in his or her blood was less than
0.20 percent, by weight, to participate for at least three months or
longer, as ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those education,
group counseling, and individual interview sessions described in
this chapter.

(2) Notwithstanding any other provision of law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person’s blood was 0.20 percent
or more, by weight, begin delete whose blood contained a blood-alcohol
concentration of 0.15 percent or more, by weight, and a controlled
substance, as defined in Section 812 of Chapter 13 of Title 21 of
the United States Code, end delete or who refused to take a chemical test, the
court shall order the person to participate, for at least nine months
or longer, as ordered by the court, in a licensed program that
consists of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.

(d) (1) The State Department of Health Care Services may
specify in regulations the activities required to be provided in the
treatment of participants receiving nine months of licensed program
services under Section 23538 or 23556 of the Vehicle Code.

(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the
Vehicle Code.

(e) The court shall, subject to Section 11837.2, and as a
condition of probation, refer a person with a second or subsequent
violation to a licensed program, begin delete even program end delete even if the person’s
privilege to operate a motor vehicle is restricted, suspended, or
revoked. An 18-month program described in Section 23542 or
23562 of the Vehicle Code or a 30-month program described in
Section 23548, 23552, or 23568 of the Vehicle Code may include
treatment of family members and significant other persons related
to the convicted person with the consent of those family members
and others as described in this chapter, if there is no increase in
the costs of the program to the convicted person.

(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate
in the abstract of the record of the court and on the court referral
and tracking documents forwarded to the department.

SEC. 2.  

Section 23538 of the Vehicle Code is amended to read:

23538.  

(a) (1) If the court grants probation to a person
punished under Section 23536, in addition to the provisions of
Section 23600 and any other terms and conditions imposed by the
court, the court shall impose as a condition of probation that the
person pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000). The court may
also impose, as a condition of probation, that the person be
confined in a county jail for at least 48 hours, but not more than
six months.

(2) The person’s privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision
(a) of Section 13352 or Section 13352.1. The court shall require
the person to surrender the driver’s license to the court in
accordance with Section 13550.

(3) Whenever, when considering the circumstances taken as a
whole, the court determines that the person punished under this
section would present a traffic safety or public safety risk if
authorized to operate a motor vehicle during the period of
suspension imposed under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1, the court may disallow the
issuance of a restricted driver’s license required under Section
13352.4.

(b) In any county where the board of supervisors has approved,
and the State Department of Health Care Services has licensed, a
program or programs described in Section 11837.3 of the Health
and Safety Code, the court shall also impose as a condition of
probation that the driver shall enroll and participate in, and
successfully complete a driving-under-the-influence program,
licensed pursuant to Section 11836 of the Health and Safety Code,
in the driver’s county of residence or employment, as designated
by the court. For the purposes of this subdivision, enrollment in
an approved program shall take place within 30 days of conviction
and participation in, and completion of, the program shall be
subsequent to the date of the current violation. Credit may not be
given for any program activities completed prior to the date of the
current violation. begin insert If a person is unable to enroll in a program
within 30 days of conviction, the court may grant that person an
extension of no longer than 30 days upon the request of the
program provider. Extensions may be requested or granted by
telephone or by other electronic means. end insert

(1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing
with Section 11836) of Part 2 of Division 10.5 of the Health and
Safety Code.

(2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, begin delete whose blood
contained a blood-alcohol concentration of 0.15 percent or more,
by weight, and a controlled substance, as defined in Section 812
of Chapter 13 of Title 21 of the United States Code, end delete or who refused
to take a chemical begin delete test, end delete begin insert test end insert to participate for at least nine months
or longer, as ordered by the court, in a licensed program that
consists of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part
2 of Division 10.5 of the Health and Safety Code.

begin insert

(3) The court shall consider, for first time offenders, a
blood-alcohol concentration of 0.08 percent or more, by weight,
in combination with the presence of a Schedule I or II controlled
substance, as defined in Section 812 of Chapter 13 of Title 21 of
the United States Code, as an aggravating factor that may justify
enhancing the terms and conditions of probation with regards to
referrals and participation in licensed programs and program
activities described in Chapter 9 (commencing with Section 11836)
of Part 2 of Division 10.5 of the Health and Safety Code.

end insert begin delete

(3)

end delete

begin insert (4) end insert  The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under
this code that is licensed pursuant to Section 11836 of the Health
and Safety Code has been received in the department’s
headquarters.

(c) (1) The court shall revoke the person’s probation pursuant
to Section 23602, except for good cause shown, for the failure to
enroll in, participate in, or complete a program specified in
subdivision (b).

(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements and court referral and tracking documents with the
department and with the State Department of Health Care Services.
That reporting shall ensure that all persons who, after being ordered
to attend and complete a program, may be identified for either (A)
failure to enroll in, or failure to successfully complete, the program,
or (B) successful completion of the program as ordered.

begin delete

SEC. 3.  

Section 23578 of the Vehicle Code is amended to read:

23578.  

In addition to any other provision of this code, if a
person is convicted of a violation of Section 23152 or 23153, the
court shall consider a concentration of alcohol in the person’s
blood of 0.15 percent or more, by weight, any blood-alcohol
concentration in combination with the presence of a controlled
substance in the person’s blood, as defined in Section 812 of
Chapter 13 of Title 21 of the United States Code, or the refusal of
the person to take a chemical test as a special factor that may justify
enhancing the penalties in sentencing, in determining whether to
grant probation, and, if probation is granted, in determining
additional or enhanced terms and conditions of probation.

end delete

begin delete SEC. 4. end delete

begin insert SEC. 3. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.