BILL ANALYSIS
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THIRD READING
Bill No: SB 895
Author: Huff (R)
Amended: 4/6/10
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Vehicles: drivers license: suspension
SOURCE : Author
DIGEST : This bill corrects a drafting error in a law
passed last year to allow a person convicted of "driving
under the influence" to get a restricted license after a
specified period of time if he/she installs an ignition
interlock device on his/her vehicle.
ANALYSIS : 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
has had his/her driving privilege suspended or revoked by
the court to apply to the Department of Motor Vehicles
(DMV) for a restricted driver's license if specified
conditions are met including that the person has installed
an ignition interlock device (IID). (Vehicle Code Sections
13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566, and
CONTINUED
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23568.)
Existing law provides that the DMV shall suspend the
driving privilege of a person if the person was driving
with a blood alcohol level of .08 percent or more, or if
the person was under 21 years of age and blood alcohol of
0.01 percent or more. If the person has had a prior
driving in excess of the blood alcohol limits within 10
years, the length of suspension shall be for 24 months with
ability to seek a restricted license within 12 months.
(Vehicle Code Section 23542.)
Existing law provides that an order to suspend a person's
driving privilege by DMV shall become effective 30 days
after the person is served with notice and specifies how
long the suspension of the driving privilege shall last.
(Vehicle Code Section 13353.3.)
This bill clarifies that the DMV suspension shall terminate
if the person has been convicted of the violation arising
out of the same occurrence and the person is eligible for a
restricted license upon the installation of an ignition
interlock device and meets all other applicable conditions
of a suspended license.
Background
Intent to Allow a Restricted License Sooner With IID
Installation . The intent of SB 598 (Huff), Chapter 193,
Statutes of 2009, was to allow a person to serve a shorter
restricted license period upon the installation of an
ignition interlock device (IID). While the law prior to SB
598 taking effect allows a person to get a restriction
after 12 months, the idea was to shorten that time frame
and get more people driving with a valid yet restricted
license. Because of the confusing nature of the cross over
between the administrative license suspension and the court
license suspension, there were drafting errors in the bill
that still required the person to serve their entire 12
month DMV suspension even if that suspension went beyond
the post conviction suspension time in SB 598. This bill
corrects that error by saying the administrative suspension
will end when the requirements of SB 598 are met. The
reality is many DUI offenders that fall under this bill and
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its predecessor will still end up serving close to, if not
the full DMV administrative suspension because they are
repeat offenders. Unless they offer a plea right away
these cases can take months before they go to trial or a
plea is entered.
Prior Legislation
SB 598 (Huff), 39-0, 9/10/09, Chapter 193, Statutes of
2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/26/10)
PORAC
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is a clean-up bill which is needed in order to
clarify the goal of SB 598 (Huff) from 2009 regarding
restricted driver's license changes. The intent of SB 598
was to apply the restricted driver's license changes to
both the administrative and criminal suspension of DUI
conviction.
The way the bill was drafted, however, the changes are only
applied to the criminal suspension side of the process. A
DUI offender who has had his/her driving privilege
suspended by the DMV will still be required to serve out
the one-year suspension.
Existing law that will become operative on July 1, 2010,
authorizes a person who has been convicted of a DUI offense
who has had his/her driving privilege suspended or revoked
to apply to the DMV for a restricted driver's license, if
certain conditions, including that the person has installed
an ignition interlock device, are met.
Existing administrative law requires DMV to immediately
suspend the driving privilege of a person under certain
circumstances.
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This bill requires the one-year administrative suspension
to terminate if the person has been convicted of a
violation arising out of the same occurrence and the person
meets specified conditions.
Due to the fact that SB 598 of 2009 becomes operative July
1, 2010, this bill declares that it is to take effect
immediately as an urgency statute.
RJG:do 4/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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