BILL NUMBER: AB 1443 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2010
AMENDED IN SENATE APRIL 6, 2010
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
(Coauthors: Assembly Members Adams, Jeffries, Portantino, Saldana,
and Smyth)
(Coauthor: Senator Price)
FEBRUARY 27, 2009
An act to add Section 68152.5 to the Government Code, and
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. Vehicles: driving under the
influence: repeat offenders.
(1) Existing law authorizes the trial court clerk to destroy court
records after notice of destruction and if there is no request and
order for transfer of the records, except for specified records, when
specified times have expired after the final disposition of the case
in the categories listed.
This bill would require the trial court clerk to adopt procedures
to ensure that records of convictions for driving under the influence
of alcohol or drugs are retained permanently.
(2)
(1) 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
Department of Motor Vehicles for a period of 2,
3, 4, or 5 years, as applicable.
This bill would delete the 10-year limitation.
(3) 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 department to permanently
revoke the driver's license of a person who was previously
convicted of 3 or more specified DUI offense s if
the court 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 the department
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
Because a person who violates this prohibition is guilty
of a crime, this bill would create a new crime, thereby imposing a
state-mandated local program .
The bill would also authorize a person who had only 3
convictions of a DUI offense, and whose driver's license was
permanently revoked by a court because of 3 or 4 separate
DUI offenses the department to
apply to the Department of Motor Vehicles
petition to the court for the reinstatement of his or her
privilege to drive afer after a period
of 3 5 years from the date of his or
her last conviction if the person successfully completes
passes a written test and driving test for the
license classification and successfully completes a
specified alcohol treatment program. The bill would require the
court to consider 5 specified factors in determinating whether to
order the department to reinstate the person's license.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as "Melody's
Law."
SEC. 2. Section 68152.5 is added to the
Government Code, to read:
68152.5. Notwithstanding Section 68152, the trial court clerk
shall adopt procedures to ensure that the records of convictions for
driving under the influence of alcohol or drugs are retained
permanently, including, but not limited to, convictions pursuant to
Section 23103, as specified in Section 23103.5, and Sections 23152
and 23153, of the Vehicle Code, and subdivisions (a) or (b) of
Section 191.5, paragraph (1) of subdivision (c) of Section 192, and
subdivision (a) of Section 192.5, of the Penal Code.
SEC. 3. SEC. 2. 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. 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. It is the
intent of the Legislature to provide that a person be subject to
enhanced mandatory minimum penalties for multiple offenses,
regardless of when the convictions for those offenses 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. 4. SEC. 3. 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 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.
SEC. 5. SEC. 4. 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 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. 6. SEC. 5. 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 person was previously convicted of three or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 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. 7. SEC. 6. 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 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. 8. SEC. 7. Section 23560 of the
Vehicle Code is amended to read:
23560. If a person is convicted of a violation of Section 23153
and the 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. 9. SEC. 8. 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 person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5,
or Section 23152 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 person was previously convicted of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 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 person
was previously convicted of four or more separate violations of
Section 23103, as specified in Section 23103.5, or Section
23152 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. 10. 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.
SEC. 9. Section 23595 is added to the
Vehicle Code , to read:
23595. (a) Notwithstanding Sections 13202.5, 13203, and 13352,
upon receipt of an abstract of the record of a court showing a person
has been convicted of a violation of Section 23152 or 23153, if the
department determines that it is the person's third or more
conviction for a violation of Section 23152 or 23153, the department
shall permanently revoke the person's license.
(b) Except as provided in subdivision (4), a person whose license
was permanently revoked by the department pursuant to this section
may petition the court for the reinstatement of his or her driving
privilege after a period of five years from the date of his or her
last conviction if he or she does 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) Successfully completes 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.
(c) When determining whether to order the department to reinstate
the person's license, 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.
(d) Upon receipt of a duly certified abstract of the record of the
court showing that the court has ordered reinstatement of a driver's
license pursuant to this section, the department shall reinstate the
person's driver's license.
(e) A person whose driver's license has been permanently revoked
pursuant to this section shall not be eligible for a restricted
driver's license under this code.
(f) A person with four or more convictions of a violation of
Section 23152 or 23153 shall not be eligible to petition the court
for the reinstatement of his or her driving privileges pursuant to
subdivision (b).
(g) A person whose driver's license has been permanently revoked
by the department 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.
(h) If the person is the coregistrant or cotitle owner of the
vehicle, he or she shall forfeit all of his or her interest in the
vehicle, and the vehicle shall be released to the coregistrant or the
cotitle owner, if the vehicle is reregistered in the other person's
name.
(i) 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.
(j) A person whose driver's license is permanently revoked by the
department under this section shall be prohibited from registering or
owning a vehicle in this state.
(k) A person in this state shall not sell, lease, or lend a
vehicle to a person whose license has been permanently revoked under
this section.
SEC. 10. 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.