BILL NUMBER: AB 1571 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
AMENDED IN ASSEMBLY FEBRUARY 23, 2016
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 Sections Section 23538
and 23578 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.
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.
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 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. 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 th e terms and conditions of probation,
as specified. 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.
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.
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.
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. The bill would make other
conforming changes.
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, 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, 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, even program 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. 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.
(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, 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, or
who refused to take a chemical test, test
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.
(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.
(3)
(4) 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.
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.
SEC. 4. SEC. 3. 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.