BILL ANALYSIS
SB 154
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Date of Hearing: July 15, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 154 (Benoit) - As Amended: July 8, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Requires drivers' license suspension for a conviction of
boating under the influence (BUI) with a prior BUI or DUI
(driving under the influence) offense within seven years.
2)Requires, rather than authorizes, courts to impose, as a
condition of probation, that every person convicted of BUI
complete a licensed DUI program.
FISCAL EFFECT
1)One-time and ongoing costs in the range of $200,000 to the
Department of Motor Vehicles (DMV) to administer BUI license
suspension. DMV indicates programming costs and administrative
costs related to updating forms and procedures account for the
balance of the costs.
2)Unknown, likely minor annual GF costs to the extent persons
who receive felony probation for BUI do not enroll and/or
complete the required DUI program. According to DMV figures,
95 persons were convicted of BUI in 2008 with prior BUI or DUI
convictions. If four persons violated felony probation for not
completing the program and were committed to state prison as a
result, the annual cost would exceed $150,000.
3)Unknown, likely minor annual nonreimbursable local
incarceration costs to the extent persons who receive
misdemeanor probation for BUI do not enroll and/or complete
the required DUI program.
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COMMENTS
1)Rationale . The author contends that BUI penalties should be
more akin to DUI penalties, stating, "The same reckless
mindset is at work when intoxicated individuals take either
the wheel of the car or control of a watercraft. SB 154
reflects the seriousness of BUI offenses, protecting the
safety of travelers on California's streets, highways, and
waterways."
Current law requires a DUI program for persons convicted of
DUI, but for BUI authorizes the judge to order a program for
BUI. This bill applies the DUI requirement to BUI.
Current law requires drivers' license suspension for DUI.
Until last year, DMV believed it had authority to suspend
drivers' licenses for BUI. Following a legal challenge,
however, the court found that state law does not authorize DMV
to suspend the driver's license of an individual convicted of
BUI. This bill specifies that BUI with a specified DUI or BUI
prior within seven years results in the immediate suspension
of the person's driving privilege.
2)Current DUI law provides that a person convicted of a first
DUI offense is subject to the following penalties when given
probation: 48 hours to 6 months in jail; $390 to $1,000 fine
plus penalty assessments; completion of a 3-month treatment
program or a 9-month program if the BAC was .20% or more; and
a 6-month license suspension, or 10-month suspension if a
9-month program is ordered.
3)Current BUI law provides that a person convicted of first-time
BUI shall be punished by a fine of up to $1,000 and/or up to
six months in county jail. If probation is granted, the court,
as a condition of probation, may require the person to
complete a licensed drinking driver treatment program.
4)Proponents , including the CA District Attorneys Association,
the State Sheriffs Association, and Mothers Against Drunk
Driving, contend that 25% of boating-related deaths in
California involve alcohol and cite the deterrent value of
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license suspension and mandatory treatment programs.
5)Opponents , including CA Attorneys for Criminal Justice (CACJ),
The CA DUI Lawyers Association (CDLA), and the CA Public
Defenders Association (CPDA), cite the diminution of judicial
discretion, by making treatment programs mandatory, and
question the nexus between drinking while boating and drivers
license suspension.
6)Should BUI be treated similar to DUI? In many respects boating
is recreation, while driving is transportation. As noted by
CACJ and CDLA, "the State of California does not treat boating
the same as operating a motor vehicle. You must obtain a
driver's license to operate a motor vehicle but no license is
required for boating. In fact, you may lawfully operate a boat
as young as 13 under specified circumstances. California lacks
an extensive regulatory scheme for boating as is currently in
place for motor vehicles, signaling a recognition that the
activities are vastly different."
7)Is there a sufficient nexus between BUI and driving a car to
warrant license suspension for BUI? Without defending drinking
while boating, is suspending a person's drivers' license the
appropriate penalty? Many people who boat with a beer would
never drive with a beer. According to the CPDA, "this bill
would make a drunk boating conviction the basis for suspending
ones driver's license if the boater has a prior drunk driving
or drunk boating conviction. There are different licensing
agencies for operators of motor vehicles and for vessels.
There are different skills and training requirements?. One
shouldn't suffer the loss of his driver's license, which is
crucial for employment and daily necessities because of action
that took place in a pleasure craft."
8)Is there sufficient reason to eliminate judicial discretion,
in terms of requiring treatment ? According to CACJ and CDLA,
"Current law appropriately recognizes that a one-size-fits-all
approach is overly inclusive and an unnecessary expenditure of
resources. SB 154, however, removes this discretion-making
authority from the judge and makes such a program referral
mandatory. In essence, the practical effect of your measure is
to impose a referral to an alcohol program where a judge has
determined it is unwarranted. We are unaware of any studies
indicating judges are improperly exercising their authority.
The courtroom experience of our members indicates that judges
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are more than willing to impose an alcohol program requirement
in appropriate cases. Therefore, eliminating judicial
discretion is unwarranted."
9)Number of DUI and BUI convictions . In 2007 there were 153,348
DUI convictions in California, and 182 BUI convictions (the
BUI convictions are based on a four-year average). DMV
estimates that about half of the annual BUI convictions have
prior related offenses.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081