BILL NUMBER: SB 895 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 3, 2010
INTRODUCED BY Senator Huff
JANUARY 25, 2010
An act to amend Section 13353 of the Vehicle Code,
relating to vehicles. An act to amend Section 13353.3
of the Vehicle Code, relating to vehicles, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 895, as amended, Huff. Vehicles: driver's license: suspension.
(1) Existing law that will become operative on July 1, 2010,
authorizes a person who has been convicted of specified driving under
the influence (DUI) offenses and who has had his or her driving
privilege suspended or revoked to apply to the Department of Motor
Vehicles for a restricted driver's license, if certain conditions,
including that the person has installed an ignition interlock device,
are met.
Existing law requires the department to immediately suspend the
driving privilege of a person if the person was driving a motor
vehicle with 0.08% or more of alcohol in his or her blood, the person
was under 21 years of age and had a blood-alcohol level of 0.01% or
more, the person was driving a vehicle that requires a commercial
driver's license and had 0.04% or more of alcohol in his or her
blood, or the person was driving a motor vehicle when he or she was
on probation for a specified DUI violation and had 0.01% or more of
alcohol in his or her blood. If the person has been convicted of one
or more separate DUI violations, has been administratively determined
to have refused chemical testing, or has been administratively
determined to have been driving with an excessive concentration of
alcohol on a separate occasion, which offense or occasion occurred
within 10 years of the occasion in question, existing law requires
the period of suspension to be one year.
This bill would require the one-year suspension to terminate if
the person has been convicted of a violation arising out of the same
occurrence and the person meets specified conditions, including that
he or she is otherwise eligible for a restricted driver's license and
installs an ignition interlock device for purposes of that
restricted driver's license.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
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 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13353.3 of the
Vehicle Code is amended to read:
13353.3. (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
(1) If the person has not been convicted of a separate violation
of Section 23103, as specified in Section 23103.5, of
or Section 23140, 23152, or 23153, of
or Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that
which offense or occurrence occurred within 10
years of the occasion in question, the person's privilege to operate
a motor vehicle shall be suspended for four months.
(2) (A) If the person has been convicted of
one or more separate violations 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, the person has been administratively determined to have
refused chemical testing pursuant to Section 13353 or 13353.1, or the
person has been administratively determined to have been driving
with an excessive concentration of alcohol pursuant to Section
13353.2 on a separate occasion, that which
offense or occasion occurred within 10 years of the occasion in
question, the person's privilege to operate a motor vehicle shall be
suspended for one year , except as provided in subparagraph (B)
.
(B) The one-year suspension pursuant to subparagraph (A) shall
terminate if the person has been convicted of a violation arising out
of the same occurrence and all of the following conditions are met:
(i) The person is eligible for a restricted driver's license
pursuant to Section 13352.
(ii) The person installs an ignition interlock device as required
in Section 13352 for that restricted driver's license.
(iii) The person complies with all other applicable conditions of
Section 13352 for a restricted driver's license.
(3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
(c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.
(d) 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.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to make conforming changes to the Vehicle Code for
statutory provisions that will be operative on July 1, 2010, it is
necessary that this act take immediate effect.
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) A combination of two or more of those convictions or
administrative suspensions or revocations.
(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.
(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.
(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.
(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.
(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.
(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.
(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.