BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1601|
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THIRD READING
Bill No: AB 1601
Author: Hill (D), et al
Amended: 8/17/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/29/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 11-0, 8/12/10
AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,
Price, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 74-0, 06/02/10 - See last page for vote
SUBJECT : Vehicles: driving under the influence: repeat
offenders
SOURCE : Author
DIGEST : This bill, operative on January 1, 2012,
authorizes the court to revoke a persons license for 10
years after a third or subsequent DUI [driving under the
influence] conviction and to delay a license suspension or
revocation until a person is no longer incarcerated.
ANALYSIS : Existing law provides it is unlawful for any
person who is under the influence of any alcoholic beverage
or drug, or under the combined influence of any alcoholic
beverage and drug, to drive a vehicle. (Section 23152(a)
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of the Vehicle Code [VEH])
Existing law provides that it is unlawful for any person,
while having 0.08 percent or more, by weight, of alcohol in
his/her blood to drive a vehicle. (VEH Section 23152(b))
Existing law provides that a person who is convicted of a
first DUI is subject to the following penalties when given
probation:
Possible 48 hours to six months in jail.
$390 to $1,000 fine plus 250 percent penalty assessments.
Completion of a three-month treatment program or a
nine-month program if the blood alcohol content (BAC) was
.20 percent or more.
Six-month license suspension or 10-month suspension if
nine-month program is ordered.
Restricted license may be sought upon proof of enrollment
or completion of program, proof of financial
responsibility and payment of fees. However, the court
may disallow the restricted license.
As of July 1, 2010, in the counties of Alameda, Los
Angeles, Sacramento, and Tulare installation of an
ignition interlock device for five months is required.
(VEH Sections 13352 (a)(1), 13352.1, 13352.4,
23538(a)(3), and 23700)
Existing law provides that a person who is convicted of a
first DUI with injury is subject to the following
penalties:
16 months, two or three years in state prison, or 90 days
to one year in county jail.
$390 to $1,000 fine plus 250 percent penalty assessments.
One year driver's license suspension.
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Or, when probation is given:
Five days to one year in jail.
$390 to $1,000 fine plus 250 percent penalty assessments.
One-year license suspension.
Three-month treatment program or a nine-month program if
the BAC was .20 percent or more.
Additional penalties that apply to a first DUI without
injury. (VEH Section 23554)
Existing law provides that if a first-offender DUI is found
to have a blood concentration of .15 percent BAC or above
or who refused to take a chemical test, the court shall
refer the offender to participate in a nine-month licensed
program. (VEH Section 23538 (b)(2))
Existing law provides that a first-time DUI offender
sentenced to a nine-month program because of a high BAC or
a refusal shall have their license suspended for 10 months.
The law further provides that their license may not be
reinstated until the person gives proof of insurance and
proof of completion of the required program. (VEH Section
13352.1)
Existing law provides that a person convicted of a
first-time DUI may apply for a restricted license for
driving to and from work and to and from a
driver-under-the-influence program if specified
requirements are met, paying all applicable fees,
submitting proof of insurance and proof of participation in
a program. (VEH Section 13352.4)
Existing law provides that a person who is convicted of a
second DUI within seven years shall be punished by
imprisonment in the county jail for 90 days to one year
and/or a fine of $390 to $1,000. If the person is granted
probation, then he/she is subject to the following:
96 hours to one year in county jail.
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$390 to $1,000 fine plus 190 percent penalty assessments.
Restricted license for driving to and from work and
treatment program.
18- or 30-month treatment program.
As of July 1, 2010, if convicted in the counties of
Alameda, Los Angeles, Sacramento, and Tulare a person
shall install an ignition interlock device for a period
of 12 months. (VEH Sections 23540, 23542, and 23700)
Existing law provides that additional penalties also apply
to a person convicted of a second DUI within seven years
including:
Restitution fine of $100-$1,000. (Section 1202.4 of the
Penal Code [PEN])
Mandatory impound of the vehicle for up to 30 days if the
offense occurred within five years of a prior DUI unless
"interest of justice" exception is found (defendant must
be registered owner of vehicle used in the offense).
(VEH Section 23594)
The court may order installation of an ignition interlock
device as a condition of probation. (VEH Section
23575(1))
If the person refuses to take a blood-alcohol test,
he/she is subject to 96 hours in county jail whether or
not probation is imposed. (VEH Section 23577)
Existing law provides that, as of July 1, 2010, the
Department of Motor Vehicles (DMV) shall advise the person
convicted of a second DUI, who was not convicted in the
counties of Alameda, Los Angeles, Sacramento and Tulare,
that after completion of 90 days of the suspension period,
the person may apply for a restricted license subject to
the following conditions are met:
Proof of enrollment in an 18-month or 30-month DUI
program.
The person agrees to continued satisfactory participation
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in the program.
The person submits proof of installation of an ignition
interlock device.
The person provides proof of insurance.
The person pays all fees. (VEH Section 13352 (a)(3))
Existing law provides that a person who is convicted of a
third DUI within seven years shall be punished by
imprisonment in the county jail for 120 days to one year
and/or a fine of $390 to $1,000. (VEH Section 23546) If
the person is granted probation, he/she is subject to the
following penalties:
120 days to one year in county jail. (VEH Section 23548)
$390 to $1,000 fine plus 190 percent penalty assessments.
(VEH Section 23548)
Three-year revocation of driver's license. (VEH Section
13352(a)(5))
18- or 30-month treatment program. (VEH Section 23548)
As of July 1, 2010, if convicted in the counties of
Alameda, Los Angeles, Sacramento and Tulare a person
shall install an ignition interlock device for a period
of 24 months. (VEH Section 23700)
Existing law provides that additional penalties also apply
to a person convicted of a third DUI within seven years
including:
Restitution fine of $100-$1,000. (PEN Section 1202.4)
The court must impound the vehicle for up to 90 days if
the offense occurred within two years of a prior DUI
unless "interest of justice" exception is found
(defendant must be registered owner of vehicle used in
the offense). (VEH Section 23594)
The court may order forfeiture of vehicle (defendant must
be registered owner of vehicle used in the offense. (VEH
Section 23596)
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The court may order installation of an ignition interlock
device as a condition of probation. (VEH Section
23575(1))
The Court must designate defendant as a habitual traffic
offender for three years. (VEH Sections 13350(b) and
14601.3(e)(3))
If the person refuses to take a blood-alcohol test,
he/she is subject to 10 days in county jail whether or
not probation is imposed. (VEH Section 23577)
Existing law provides that, as of July 1, 2010, DMV shall
advise the person convicted of a third DUI, who was not
convicted in the counties of Alameda, Los Angeles,
Sacramento and Tulare, that after completion of six months
of the suspension period, the person may apply for a
restricted license subject to the following conditions are
met:
Proof of enrollment in an 18-month or 30-month DUI
program.
The person agrees to continued satisfactory participation
in the program.
The person submits proof of installation of an ignition
interlock device.
The person provides proof of insurance.
The person pays all fees. (VEH Section 13352 (a)(5))
Existing law provides that a person who is convicted of a
fourth or subsequent DUI within seven years shall be
punished by imprisonment in the state prison, or in a
county jail for not less than 180 days and/or a fine of
$350 to $1,000. (VEH Section 23550) A person who is
granted probation is subject to the following penalties:
16 months, or two or three years in state prison if not
probation; 180 days to one year if probation. (PEN
Section 18; VEH Sections 23550 and 23552)
$390 to $1,000 fine plus 190 percent penalty assessments.
(VEH Section 23552)
Four-year revocation of driver's license. (VEH Section
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13352(a)(7))
18- or 30-month treatment program. (VEH Section 23552)
As of July 1, 2010, if convicted in the counties of
Alameda, Los Angeles, Sacramento, and Tulare, a person
shall install an ignition interlock device for a period
of 36 months. (VEH Section 23700)
Existing law provides that additional penalties also apply
to a person convicted of a fourth DUI within seven years
including:
Restitution fine of $100 to $1,000 for a misdemeanor or
$200 to $10,000 for a felony. (PEN Section 1202.4)
The court must impound the vehicle for up to 90 days if
the offense occurred within two years of a prior DUI
unless "interest of justice" exception is found
(defendant must be registered owner of vehicle used in
the offense. (VEH Section 23594.)
The court may order forfeiture of vehicle (defendant must
be registered owner of vehicle used in the offense. (VEH
Section 23596)
The court may order installation of an ignition interlock
device as a condition of probation. (VEH Sections
23575(1) and 13325(a)(7))
The court must designate defendant as a habitual traffic
offender for three years. (VEH Sections 13350(b) and
14601.3(e)(3))
If the person refuses to take a blood-alcohol test,
he/she is subject to 18 days in county jail whether or
not probation is imposed. (VEH Section 23577)
Existing law provides that if a person who is convicted of
a DUI, who has had a prior felony DUI or felony vehicular
manslaughter (PEN Section 192(c)(1)) within 10 years or
ever has been convicted of vehicular manslaughter while
intoxicated, gross vehicular manslaughter while intoxicated
or vehicular manslaughter punished as a felony (PEN Section
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192(c)(3)) shall be punished as a felony punishable by 16
months, two or three years or a misdemeanor of up to one
year in jail, a fine of $390-$1,000 and a four- or
five-year license revocation. A person granted probation
is subject to the following penalties:
Up to three years in state prison, or
Up to one year in jail.
A fine up to $1,000 plus penalty assessments.
Completion of a treatment program in order to have
license reinstated.
Four-year license revocation or a five-year revocation if
it is a third or subsequent DUI. (VEH Sections 23550.5
and 23600)
Existing law provides that gross vehicular manslaughter
while intoxicated is the unlawful killing of a human being
without malice aforethought in the driving of a vehicle
where the driving was in violation of DUI laws, and the
killing was either the proximate result of the commission
of an unlawful act, not amounting to a felony, and with
gross negligence, or the proximate result of the commission
of a lawful act that might produce death, in an unlawful
manner and with gross negligence. It is punishable by
imprisonment in state prison for four, six or 10 years or
if the person has a prior DUI, gross vehicular manslaughter
while intoxicated, or vehicular manslaughter the punishment
is 15 years to life in state prison. (PEN Section
191.5(a), (c)(1) and (d))
Existing law provides that vehicular manslaughter while
intoxicated is the unlawful killing of a human being
without malice aforethought in the driving of a vehicle
where the driving was in violation of DUI laws, and the
killing was either the proximate result of the commission
of an unlawful act, not amounting to felony, but without
gross negligence, or the proximate result of the commission
of a lawful act that might produce death, in unlawful
manner, but without gross negligence. It is punishable as
a wobbler with a penalty of up to one year in jail or
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imprisonment the state prison for 16 months, two or three
years. (PEN Section 191.5)
This bill provides that a court may order a 10-year
revocation of the driver's license of a person who has
three or more prior DUI convictions.
This bill provides that the court shall consider all of the
following when ordering the 10-year revocation:
The person's level of remorse for the acts.
The period of time that has elapsed since the person's
previous convictions.
The person's blood-alcohol level at the time of the
violation.
The person's participation an alcohol treatment program.
The person's risk to traffic or public safety.
The person's ability to install a certified ignition
interlock device in each motor vehicle she owns or
operates.
This bill provides that upon receipt of a duly certified
abstract of record showing the court has ordered a 10-year
revocation of a driver's license DMV shall revoke the
person's driver's license for 10 years.
This bill provides that five years from the date of the
last conviction of a DUI, a person whose license was
revoked may apply to DMV to have his/her driving privilege
reinstated provided that the person agrees to have an
ignition interlock installed for two years following the
reinstatement.
This bill provides that DMV shall reinstate the driver's
license if the person satisfies all of the following
conditions:
The person was not convicted of any drug-or
alcohol-related offenses, under state law, during the
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driver's license revocation period.
The person successfully completed a licensed
driving-under-the influence program.
The person was not convicted of driving on a suspended
license during the revocation period.
This bill provides that when a person is sentenced to jail
or prison for a DUI, the court shall postpone the term of
the license suspension or revocation until his/her release
from prison and shall notify the DMV of the postponement.
This bill requires DMV to immediately terminate the
restriction issued pursuant to this section and shall
immediately revoke the privilege to operate a motor vehicle
of a person who attempts to remove, bypass, or tamper with
the device, who has the device removed prior to the
termination date of the restriction, or who fails three or
more times to comply with any requirement for the
maintenance or calibration of the ignition interlock
device. The privilege shall remain revoked for the
remaining period of the original revocation and until all
reinstatement requirements are met.
This bill's provisions become operative on January 1, 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
DMV revocation $200 $268 Special*
procedure
* Motor Vehicle Account
This bill authorizes the court to revoke driver's license
of a person who has three or more prior DUI convictions,
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and requires specific court considerations in the decision.
There is no additional cost to granting the court the
authority to impose a 10-year revocation. The costs of
this bill are incurred by the implementation of enforcing a
court-ordered revocation, as specified by this bill.
DMV will incur $468,000 in upfront costs to update its
computer system to be able to implement the 10-year
revocation, to delay the suspension period for every
second-or-subsequent offense drunk driver who spends any
time in jail, as required by this bill. DMV has also
expressed concern that the department will not be able to
update its computer system by January 1, 2011, when this
bill goes into effect, and will have to devise a
work-around process, in consultation with the courts, to
implement this bill absent a computerized process until it
can be updated (likely by January 2012).
Until that time, both the court and DMV will likely
experience a significant workload increase to set up a
procedure and implement it manually. The courts would
likely have to submit hard-copy abstracts of conviction,
and then manually calculate and input any delay period,
based upon the length of sentence. Additionally, DMV will
have to establish a procedure for allowing suspended
drivers to show evidence that they were released early,
which is common, and manually recalculate the date of
eligibility for reinstatement.
SUPPORT : (Verified 8/17/10)
California Association of Highway Patrolmen
California District Attorneys Association
California Peace Officers' Association
California State Sheriffs' Association
Crime Victims United
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
The Century Council
ARGUMENTS IN SUPPORT : According to the author:
A series of news articles in November about a Burlingame
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man who had eight DUIs and was able to get his license
back only to get his ninth DUI highlighted several
problems with California law.
According to 2008 data from the National Highway Traffic
Safety Administration there are over 310,000 Californians
with three or more DUI convictions.
Repeat DUI offenders are endangering constituents
throughout California. In 2008, over 1,000 people were
killed by drunk drivers in California and another 28,000
were injured.
The National Highway Traffic Safety Administration
estimates that one-third of the annual 1.5 million DUI
arrests are repeat offenders.
Assembly Bill 1601 would authorize judges to revoke a
license for ten years for individuals who receive three
or more DUIs in a ten-year period.
"This legislation will save lives by keeping dangerous
repeat DUI offenders off the road," said Assemblymember
Hill. "If this bill were in affect in 2008 we could have
taken over 10,000 repeat DUI offenders off our roadways
including the two individuals in San Mateo County who
have nine DUIs."
In 2008 there were 187,987 DUI convictions according to
the Department of Motor Vehicles. Of those 9,164 were
three-time DUI offenders within ten years and 3,200 were
for individuals who received four-or-more DUI convictions
within the previous ten-years.
Under current law, people with 3 DUI convictions within
ten years typically get a 3-year license revocation. The
maximum penalty under current law is a 5-year license
revocation for individuals who receive several DUIs
within a ten-year period.
"AB 1601 targets habitual repeat DUI offenders who
continue to break the law despite drug treatment
programs, fines, imprisonment, and existing license
revocation penalties," said Hill.
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The bill also adds an important clarification to state
law by requiring the license revocation period to begin
after the offender is released from imprisonment.
Current law allows the license revocation period to run
concurrently with the prison term which allows the repeat
DUI offender to get their license back quicker after
they're released from prison.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Tom Berryhill, Lieu, Miller, Norby,
Audra Strickland, Vacancy
RJG:mw 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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