BILL NUMBER: AB 1443 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 18, 2010
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN SENATE JUNE 15, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Assembly Member Huffman
FEBRUARY 27, 2009
An act to add Section 12012.87 to the Government Code,
relating to gaming. An act to amend Sections 23217,
23540, 23546, 23550, 23550.5, 23560, and 23566 of, and to add Section
23595 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1443, as amended, Huffman. Gaming compacts: local
support. Vehicles: driving under the influence: repeat
offenders.
Existing law requires, if a person is convicted of a specified
driving under the influence (DUI) offense and the offense occurred
within 10 years of 2, or 3 or more prior specified DUI offenses that
resulted in a conviction, that the person be punished by enhanced
penalties, and that the person's privilege to operate a motor vehicle
be revoked by the department for a period of 2, 3, 4, or 5 years, as
applicable.
This bill would delete the 10-year limitation.
Existing law authorizes the court to impose specified additional
orders on a person when the person is convicted of a DUI offense,
depending on the circumstances.
This bill would authorize the court to order the permanent
revocation of the driver's license of a person who was previously
convicted of 3 or more specified DUI offenses if the court considers
5 factors, including, but not limited to, the period of time that has
elapsed since his or her previous DUI convictions. The bill would
require the court to permanently revoke the driver's license of a
person who was previously convicted of 5 or more specified DUI
offenses.
The bill would require that a person whose driver's license is
permanently revoked by a court under these provisions forfeit his or
her vehicle to the state or forfeit any interest in the vehicle, if
specified provisions apply and would prohibit that person from
registering or owning a vehicle in this state. The bill would
prohibit a person in this state from selling, leasing, or lending a
vehicle to that person. The bill would also require the Department of
Motor Vehicles to establish a database of persons whose driver's
license has been permanently revoked by a court under these
provisions.
The bill would also authorize a person whose driver's license was
permanently revoked by a court because of 3 or 4 separate DUI
offenses to apply to the Department of Motor Vehicles for the
reinstatement of his or her privilege to drive afer a period of 3
years from the date of his or her last conviction if the person
successfully completes a written test and driving test for the
license classification and a specified alcohol treatment program.
The federal Indian Gaming Regulatory Act provides for the
negotiation and execution of tribal-state gaming compacts for the
purpose of authorizing certain types of gaming on Indian lands within
a state. The California Constitution authorizes the Governor to
negotiate and conclude compacts, subject to ratification by the
Legislature.
This bill would require the Governor to consider the presence or
absence of local support when negotiating a tribal-state gaming
compact to allow class III gaming on Indian lands, as specified. The
bill would include a related statement of legislative findings and
declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23217 of the Vehicle
Code is amended to read:
23217. The Legislature finds and declares that some repeat
offenders of the prohibition against driving under the influence of
alcohol or drugs, when they are addicted or when they have too much
alcohol in their systems, may be escaping the intent of the
Legislature to punish the offender with progressively greater
severity if the offense is repeated one or more times within
a 10-year period . This situation may occur when a
conviction for a subsequent offense occurs before a conviction is
obtained on an earlier offense.
The Legislature further finds and declares 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 enhanced
mandatory minimum penalties for multiple offenses within a
period of 10 years , regardless of whether
when the convictions are obtained in
the same sequence as the for those offenses
had been committed were obtained .
Nothing in this section requires consideration of judgment of
conviction in a separate proceeding that is entered after the
judgment in the present proceeding, except as it relates to violation
of probation.
Nothing in this section or the amendments to Section 23540, 23546,
23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the
Statutes of 1984 affects the penalty for a violation of Section 23152
or 23153 occurring prior to January 1, 1985.
SEC. 2. Section 23540 of the Vehicle
Code is amended to read:
23540. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153,
that resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor 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). The
person's privilege to operate a motor vehicle shall be suspended by
the department pursuant to paragraph (3) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) 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 (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
(c) This section shall become operative on September 20, 2005.
SEC. 3. Section 23546 of the Vehicle
Code is amended to read:
23546. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of two separate violations
of Section 23103, as specified in Section 23103.5, 23152, or 23153,
or any combination thereof, that resulted in convictions, that person
shall be punished by imprisonment in the county jail for not less
than 120 days nor 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). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles as required in
paragraph (5) of subdivision (a) of Section 13352. The court shall
require the person to surrender his or her driver's license to the
court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 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 pursuant to subdivision
(b) of Section 13350.
SEC. 4. Section 23550 of the Vehicle
Code is amended to read:
23550. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of three or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination thereof, that resulted in
convictions, that person shall be punished by imprisonment in the
state prison, or in a county jail for not less than 180 days nor 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). The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (9) of
subdivision (a) of Section 13352. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(b) A person convicted of a violation of Section 23152 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 pursuant to subdivision
(b) of Section 13350.
SEC. 5. 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
person was previously convicted of any of the following:
(1) A prior 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 violation of Section 23153 that was punished as a
felony.
(3) A prior 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 paragraph (9) of subdivision (a)
of Section 13352, unless paragraph (8) 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. 6. Section 23560 of the Vehicle
Code is amended to read:
23560. If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years
person was previously convicted of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than five thousand
dollars ($5,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (4) of subdivision (a) of Section 13352. The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.
SEC. 7. Section 23566 of the Vehicle
Code is amended to read:
23566. (a) If a person is convicted of a violation of Section
23153 and the offense occurred within 10 years
person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination of these violations, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison for a term of two, three, or four
years and by a fine of not less than one thousand fifteen dollars
($1,015) nor more than five thousand dollars ($5,000). The person's
privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (8) of subdivision
(a) of Section 13352. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(b) If a person is convicted of a violation of Section 23153, and
the act or neglect proximately causes great bodily injury, as defined
in Section 12022.7 of the Penal Code, to any person other than the
driver, and the offense occurred within 10 years
person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination of these violations, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison for a term of two, three, or four
years and by a fine of not less than one thousand fifteen dollars
($1,015) nor more than five thousand dollars ($5,000). The person's
privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (8) of subdivision
(a) of Section 13352. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(c) If a person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within 10
years person was previously convicted of four
or more separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
(d) A person convicted of Section 23153 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 pursuant to subdivision (b) of
Section 13350.
(e) A person confined in state prison under this section shall be
ordered by the court to participate in an alcohol or drug program, or
both, that is available at the prison during the person's
confinement. Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(8) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
SEC. 8. Section 23595 is added to the
Vehicle Code , to read:
23595. (a) Notwithstanding Sections 13202.5, 13203, and 13352, a
court may order the permanent revocation of the driver's license of a
person who was previously convicted of three or more separate
violations of Section 23152 or 23153. When making this order, the
court shall consider all of the following:
(1) The degree of bodily injury caused by the person's previous
violations that resulted in a conviction.
(2) The period of time that has elapsed since the person's
previous convictions.
(3) The person's blood-alcohol level at the time of each
violation.
(4) The person's past and future participation in an alcohol
treatment program in an effort to rehabilitate himself or herself.
(5) The person's overall risk to traffic or public safety.
(b) Notwithstanding Sections 13202.5, 13203, and 13352, a court
shall order the permanent revocation of the driver's licence of a
person who was previously convicted of five or more separate
violations of Section 23152 or 23153.
(c) A person whose driver's license was permanently revoked by a
court because of three or four separate violations of Section 23152
or 23153, may apply to the department for the reinstatement of his or
her privilege to drive after a period of three years from the date
of his or her last conviction, if he or she completes all of the
following:
(1) Successfully passes the written test for the license
classification.
(2) Successfully passes the driving test for the license
classification.
(3) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23568 or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the health and Safety Code, or a program specified in
Section 8001 of the Penal Code.
(d) A person whose driver's license has been permanently revoked
under subdivision (b) of this section shall not be eligible for a
restricted driver's license under this code.
(e) A Person whose driver's license has been permanently revoked
by the court under this section shall forfeit his or her vehicle to
the state if he or she is the registered owner of the vehicle and
holds title to the vehicle.
(1) If the person is the coregistrant or cotitle owner of the
vehicle, he or she shall forfeit all interest in the vehicle, and the
vehicle shall be released to the coregistrant or the cotitle owner,
provided that the vehicle is reregistered in the other person's name.
(2) If there is no coregistrant or cotitle owner, then the vehicle
shall be released to the person or entity that holds legal title
pursuant to subdivision (b) of Section 23592.
(f) A person whose driver's license is permanently revoked by the
court under this section shall be prohibited from registering or
owning a vehicle in this state and no person in this state shall
sell, lease, or lend a vehicle to any person whose license has been
permanently revoked by the court under this section.
(g) The Department of Motor Vehicles shall establish a database of
persons whose driver's license has been permanently revoked by a
court under this section.
(h) Upon receipt of a duly certified abstract of the record of the
court showing that the court has ordered permanent revocation of a
driver's license pursuant to this section, the department shall
permanently revoke the person's driver's license.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The federal Indian Gaming Regulatory Act of 1988 (IGRA)
authorizes federally recognized Indian tribes to conduct class III
gaming on Indian lands within the tribe's jurisdiction, to the extent
those games are permitted by state law, and pursuant to a gaming
compact negotiated between a tribe and the state.
(b) IGRA requires the state to negotiate in good faith for the
conclusion of tribal-state gaming compacts with Indian tribes that
request negotiations when those tribes have eligible Indian lands
located in the state.
(c) In 1998, California voters approved Proposition 5, a statutory
measure designed to allow for the operation of slot machine and
house banked card gaming by California Indian tribes on Indian lands
in accordance with federal law. In 1999, the California Supreme Court
held that most of the provisions enacted by Proposition 5 were
unconstitutional.
(d) In 2000, California voters approved Proposition 1A, amending
the California Constitution to authorize the Governor to negotiate
and conclude compacts, subject to ratification by the Legislature,
for the operation of slot machines, and for the conduct of lottery
games and banked and percentage card games by federally recognized
Indian tribes on Indian lands in California in accordance with
federal law.
(e) During the campaigns to approve Propositions 5 and 1A,
proponents assured California voters that Indian lands were mainly in
remote, rural areas of the state and that approval of these measures
would not result in tribal casinos being located in urban areas.
(f) In the general election of 2004, two initiative measures,
Propositions 68 and 70, that would have expanded gaming activities in
urban areas were placed before the California voters.
(g) Proposition 68 was defeated with 83.8 percent of the
electorate voting against it and Proposition 70 was defeated with
76.3 percent of the electorate voting against it.
(h) There is increasing public concern over the location,
expansion, and impact of tribal gaming on nontribal lands in
California.
(i) There are over 100 federally recognized Indian tribes in
California and many of those tribes have Indian lands within the
tribe's jurisdiction that are eligible for class III gaming.
(j) Subdivision (d) of Section 12012.25 of the Government Code
designates the Governor as the state official with authority to
negotiate and execute tribal gaming compacts on behalf of the state.
(k) Subdivisions (c) and (e) of Section 12012.25 of the Government
Code provide that tribal-state gaming compacts negotiated by the
Governor are subject to ratification by the Legislature.
(l) An increasing number of Indian tribes are seeking to take new
land into trust for purposes of conducting class III gaming
activities pursuant to the provisions of IGRA, often in urban areas.
(m) In May 2005, Governor Arnold Schwarzenegger issued a
proclamation that he would (1) oppose proposals for the federal
acquisition of lands within any urbanized area where the lands sought
to be acquired in trust are to be used to conduct or facilitate
gaming activities; (2) decline to engage in negotiations for
tribal-state gaming compacts where the Indian tribe does not have
Indian lands eligible for class III gaming; (3) consider requests for
gubernatorial concurrence to allow a tribe to conduct class III
gaming on newly acquired land only when (A) the land that is sought
for class III gaming is not within any urbanized area, (B) the local
jurisdiction in which the tribe's proposed gaming project is located
supports the project, (C) the tribe and the local jurisdiction
demonstrate that the affected local community supports the project,
such as by a local advisory vote, and (D) the project substantially
serves a clear, independent public policy, separate and apart from
any increased economic benefit or financial contribution to the
state, community, or the Indian tribe that may arise from gaming.
(n) It is therefore the intent of the Legislature, with respect to
all Indian gaming proposals on nontribal lands, to encourage the
Governor to negotiate a tribal-state gaming compact only when land
has been taken into trust and when the local jurisdiction and the
local community in which the tribe's proposed gaming project would be
located actually support the project, and, in the absence of that
local support, it is the intent of the Legislature not to ratify the
compact.
SEC. 2. Section 12012.87 is added to the
Government Code, to read:
12012.87. When engaging in negotiations for a tribal-state gaming
compact to allow class III gaming on Indian lands within the tribe's
jurisdiction, the Governor shall consider the presence or absence of
local support demonstrated by both of the following:
(a) The results of an advisory vote in the county or counties in
which the tribe's Indian lands are located, either approving or
disapproving a proposed gaming facility.
(b) One or more intergovernmental agreements enforceable in state
court, that include provisions to mitigate the impacts of the
proposed gaming and related activities, executed by the Indian tribe
and each of the following entities:
(1) The incorporated city or city and county in which the Indian
lands are located, or, if the land is not located within an
incorporated city or city and county, the county or counties in which
the land is located.
(2) Each county that is contiguous to the county in which the land
is located and that is likely to be substantially impacted by the
proposed gaming and related activities, as reasonably determined by
the board of supervisors of the county and set forth in a measure
specifying the nature of anticipated impacts that are no more than 75
miles from the proposed gaming facility, and the estimated costs of
mitigation.