BILL NUMBER: SB 895	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff

                        JANUARY 25, 2010

   An act to amend Section 13353 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 895, as introduced, Huff. Vehicles: driver's license:
suspension.
   Existing law requires the Department of Motor Vehicles to suspend
a person's privilege to operate a motor vehicle for one year or
revoke a person's privilege for 2 or 3 years under specified
circumstances, if the person refuses an officer's request to submit
to, or fails to complete, a chemical test, and the officer had
reasonable cause to believe that the person was operating a motor
vehicle under the influence and had provided a sworn statement
stating so.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13353 of the Vehicle Code is amended to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon receipt of the officer's sworn statement that the
officer had reasonable cause to believe the person had been driving
a motor vehicle in violation of Section 23140, 23152, or 23153, and
that the person had refused to submit to, or did not complete, the
test or tests after being requested by the officer, the department
shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or subdivision (a) of Section 192.5 of the Penal Code, that
resulted in a conviction, or (B) a suspension or revocation of the
person's privilege to operate a motor vehicle pursuant to this
section or Section 13353.2 for an offense that occurred on a separate
occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code,
or any combination thereof, that resulted in convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
   (C)  Any   A  combination of two or more
of those convictions or administrative suspensions or revocations.

   The 
    (b)     The  officer's sworn statement
shall be submitted pursuant to Section 13380 on a form furnished or
approved by the department. The suspension or revocation shall not
become effective until 30 days after the giving of written notice
thereof, or until the end of a stay of the suspension or revocation,
as provided for in Section 13558. 
   (D) 
    (c)  For the purposes of this section, a conviction of
an offense in any state, territory, or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or
the Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, is a conviction of that
particular section of the Vehicle Code or Penal Code. 
   (b) 
    (d)  If a person on more than one occasion in separate
incidents refuses the officer's request to submit to, or fails to
complete, a chemical test or tests pursuant to Section 23612 while
driving a motor vehicle, upon the receipt of the officer's sworn
statement that the officer had reasonable cause to believe the person
had been driving a motor vehicle in violation of Section 23140,
23152, or 23153, the department shall disqualify the person from
operating a commercial motor vehicle for the rest of his or her
lifetime. 
   (c) 
    (e)  The notice of the order of suspension or revocation
under this section shall be served on the person by a peace officer
pursuant to Section 23612. The notice of the order of suspension or
revocation shall be on a form provided by the department. If the
notice of the order of suspension or revocation has not been served
by the peace officer pursuant to Section 23612, the department
immediately shall notify the person in writing of the action taken.
The peace officer who serves the notice, or the department, if
applicable, also shall provide, if the officer or department, as the
case may be, determines that it is necessary to do so, the person
with the appropriate non-English notice developed pursuant to
subdivision (d) of Section 14100. 
   (d) 
    (f)  Upon the receipt of the officer's sworn statement,
the department shall review the record. For purposes of this section,
the scope of the administrative review shall cover all of the
following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (e) 
    (g)  The person may request an administrative hearing
pursuant to Section 13558. Except as provided in subdivision (e) of
Section 13558, the request for an administrative hearing does not
stay the order of suspension or revocation. 
   (f) 
    (h)  The suspension or revocation imposed under this
section shall run concurrently with any restriction, suspension, or
revocation imposed under Section 13352, 13352.4, or 13352.5 that
resulted from the same arrest.