BILL NUMBER: AB 1601 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY FEBRUARY 4, 2010
INTRODUCED BY Assembly Member Hill
(Principal coauthor: Assembly Member Nava)
(Principal coauthors: Senators Harman, Leno, Liu, and
Maldonado)
(Coauthors: Assembly Members Bill Berryhill, Blakeslee, Block,
Blumenfield, Evans, Fong, Gilmore, Huber, Huffman, Jeffries,
Knight, Ma, Monning, Nielsen, Portantino, Smyth,
Audra Strickland, Torlakson, and Tran)
(Coauthor: Senator Cox)
JANUARY 4, 2010
An act to amend Section 23665 of, and to add Section 23597 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1601, as amended, Hill. Vehicles: driving under the influence:
repeat offenders.
(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 for a period of 2, 3, 4, or 5 years, as
applicable.
(2) Existing
Existing law authorizes the court to impose specified
additional orders on a person when the person is convicted of a
driving-under-the-influence (DUI) offense, depending on the
circumstances.
This bill would authorize the court to order a 10-year revocation
of the driver's license of a person who was previously
has been convicted of 3 or more specified DUI
offenses if the court considers certain factors, including, but not
limited to, the period of time that has elapsed since his or her
previous DUI convictions. The bill would authorize the person to
apply to the Department of Motor Vehicles, 5 years from the date of
the last DUI conviction, to have his or her privilege to operate a
motor vehicle reinstated subject to certain conditions, including,
among other things, the condition that the person was not convicted
of any other drug- or alcohol-related offenses, under state law,
during the driver's license revocation period.
(3)
(2) Existing law authorizes a court to postpone the
revocation or suspension of a person's driving privilege until the
term of imprisonment is served, if that person was convicted of
certain DUI provisions, among other things, and sentenced to serve
one year in a county jail or more than one year in a state prison.
This bill would instead require the court to postpone the
revocation or suspension of a person's driving privilege until the
term of imprisonment is served, and notify the department of the
postponement, if that person was convicted of certain DUI provisions
and sentenced to serve any time in a county jail or state prison.
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 23597 is added to the Vehicle Code, to read:
23597. (a) Notwithstanding Sections 13202.5, 13203, and 13352, a
court may order a 10-year revocation of the driver's license of a
person who was previously has been
convicted of three or more separate violations of Section 23152 or
23153 , the last of which is punishable under Section 235
46, 23550, 23550.5, or 23566 . When making this order, the
court shall consider all of the following:
(1) The person's level of remorse for the acts.
(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 the violation.
(4) The person's participation in an alcohol treatment program.
(5) The person's risk to traffic or public safety.
(6) The person's ability to install a certified ignition interlock
device in each motor vehicle that he or she owns or operates.
(b) Upon receipt of a duly certified abstract of the record of the
court showing the court has ordered a 10-year revocation of a driver'
s license pursuant to this section, the department shall revoke the
person's driver's license for 10 years, except as provided in
subdivision (c).
(c) (1) Five years from the date of the last conviction of a
violation of Section 23152 or 23153, a person whose license was
revoked pursuant to subdivision (a) may apply to the department to
have his or her privilege to operate a motor vehicle reinstated,
subject to the condition that the person submits the "Verification of
Installation" form described in paragraph (2) of subdivision (h) of
Section 13386 and agrees to maintain the ignition interlock device as
required under subdivision (g) of Section
23575.Notwithstanding 23575. Notwithstanding
Chapter 5 (commencing with Section 23700) or subdivision (f) of
Section 23575, the ignition interlock device shall remain on the
person's motor vehicle for two years following the reinstatement of
the person's driving privilege pursuant to this section.
(2) The department shall reinstate the person's license pursuant
to paragraph (1), if the person satisfies all of the following
conditions:
(A) The person was not convicted of any drug- or alcohol-related
offenses, under state law, during the driver's license revocation
period.
(B) The person successfully completed a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, following the date of the last
conviction of a violation of Section 23152 or 23153.
(C) The person was not convicted of violating Section 14601,
14601.1, 14601.2, 14601.4, or 14601.5 during the driver's license
revocation period.
SEC. 2. Section 23665 of the Vehicle Code is amended to read:
23665. (a) If a person is convicted of a violation of Section
20001 and is sentenced to one year in a county jail or more than one
year in the state prison under Section 23540, 23542, 23546, 23548,
23550, 23550.5, 23552, 23554, 23556, 23558, 23560, 23562, 23566, or
23568, the court may postpone the revocation or suspension of the
person's driving privilege until the term of imprisonment is served.
(b) If a person is convicted of a violation of Section 23152 or
23153 and is sentenced to serve time in a county jail or state prison
under Section 23540, 23542, 23546, 23548, 23550, 23550.5, 23552,
23554, 23556, 23558, 23560, 23562, 23566, or 23568, the court shall
postpone the revocation or suspension of the person's driving
privilege until the term of imprisonment is served and shall notify
the department of the postponement.