BILL ANALYSIS
SB 895
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Date of Hearing: June 15, 2010
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 895 (Huff) - As Amended: April 6, 2010
SUMMARY : Clarifies that the Department of Motor Vehicles (DMV)
license suspension resulting from an offense of driving under
the influence (DUI) 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 (IID) and meets all
other applicable conditions of a suspended license.
EXISTING LAW :
1)In addition to any other provisions of law, the court may
require that a person convicted of a first offense DUI install
a certified IID on any vehicle that the person owns or
operates and prohibit that person from operating a motor
vehicle unless that vehicle is equipped with a functioning,
certified IID. The court shall give heightened consideration
to applying this sanction to a first offense violator with
0.15% or more, by weight, of alcohol in his or her blood at
arrest, or with two or more prior moving traffic violations,
or to persons who refused the chemical tests at arrest. If
the court orders the IID restriction, the term shall be
determined by the court for a period not to exceed three years
from the date of conviction. The court shall notify the DMV,
as specified in Vehicle Code Section 1803(a), of the terms of
the restrictions in accordance with Vehicle Code Section
1804(a). The DMV shall place the restriction in the person's
records in the DMV. [Vehicle Code Section 23575(a)(1).]
2)The court shall require a person convicted of a violation of
driving on a suspended license because of a DUI to install an
IID on any vehicle that the person owns or operates and
prohibit the person from operating a motor vehicle unless the
vehicle is equipped with a functioning, certified IID. The
term of the restriction shall be determined by the court for a
period not to exceed three years from the date of conviction.
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The DMV shall place the restriction in the person's records in
the DMV. [Vehicle Code Section 23575(a)(2).]
3)Provides that it is unlawful for any person under the
influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to
drive a vehicle. [Vehicle Code Section 23152 (a).]
4)States that it is unlawful for any person who has a 0.08% or
more by weight of alcohol in his or her blood to drive a
vehicle. [Vehicle Code Section 23152(b).]
5)Provides that a person convicted of a second DUI within 10
years of a specified prior DUI conviction shall be punished by
imprisonment in the county jail for 90 days to one year and/or
a fine of $390 to $1,000. (Vehicle Code Section 23540.)
6)Provides that a person convicted of a third DUI within 10
years of two separate specified DUI convictions shall be
punished by imprisonment in the county jail for not less than
120 days nor more than one year. The person is also subject
to a fine of $390 to $1,000 and revocation of his or her
driver's license. [Vehicle Code Section 23546(a).]
7)Provides that a person convicted of a DUI within 10 years of
three or more separate specified DUI convictions is guilty of
an alternate felony/misdemeanor, punishable by imprisonment in
the state prison for 16 months, 2 or 3 years or in the county
jail for not less than 180 days nor more than one year. The
person is also subject to a fine of $390 to $1,000 and
revocation of his or her driver's license. (Vehicle Code
Section 23550.)
8)States that the assessment report shall include, if
applicable, a recommendation for any additional treatment and
the duration of such treatment. Provides that such treatment
shall be in addition to the education, group counseling and
individual interview sessions prescribed by Health and Safety
Code Section 11837. [Vehicle Code Section 23648(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Senate Bill 895
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simply corrects a drafting error in last years SB 598, which I
authored. SB 598 shortened the suspension period for a repeat
DUI offender to get a restricted license if they install an
IID on their vehicle. 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 its predecessor will still end up serving close to, if not
the full DMV administrative suspension because they are repeat
offenders. SB 895 is a clean-up measure 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 a DUI conviction. The way the measure was
drafted, however, the changes are only applied to the criminal
suspension side of the process. A DUI offender who has had
his driving privilege suspended by the DMV would 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
and who has had his or 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 the DMV to immediately suspend the
driving privilege of a person under certain circumstances.
"SB 895 will require 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 from 2009
becomes operative July 1, 2010, SB 895 declares that it is to
take effect immediately as an urgency statute."
2)Changes in Existing IID Law : SB 598 (Huff), Chapter 193,
Statutes of 2009, authorizes an offender convicted of a second
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or subsequent DUI who shows proof that he or she installed an
IID to receive a reinstated license in 90 days rather than in
one year. SB 598 will become operative on July 1, 2010.
According to the author of SB 598, "Only a small percentage of
people convicted of multiple DUIs are required by court to
install an IID on their vehicles to discourage recidivism.
Senate Bill 598 will increase the use of ignition interlocks
among repeat offenders while they are in treatment and will
reduce the incidence of driving while on a suspended license.
The measure provides one more tool to proactively fight drunk
driving." However, SB 598 inadvertently failed to amend
Vehicle Code Section 13353.3 which relates to the DMV process
of license suspension." This bill conforms procedures related
to the administrative process of license suspension with
changes made last year allowing a driver to receive a
reinstated license in 90 days if he or she shows proof of an
IID.
3)License Suspension and Revocation : Currently, DUI results in
license suspension or revocation under certain circumstances.
The length of time of suspension or revocation depends on a
number of prior convictions and is listed in other code
sections. Vehicle Code Section 13352 is the general statute
regarding license suspension or revocation for DUI and speed
contest and states, in relevant part, "The department [DMV]
shall immediately suspend or revoke the privilege of a person
to operate a motor vehicle upon the receipt of an abstract of
the record of a court showing that the person has been
convicted of [driving under the influence and speed contest]."
[Vehicle Code Section 13352(a).] Below is a description of
various license suspension terms and conditions for those
arrested or convicted of DUI or DUI causing great bodily
injury.
a) First Offense : When a person is convicted of DUI
without injury as a first offense, except under certain
circumstances, the person's license shall be suspended for
six months. This means unless the person meets other
criteria, he or she may not operate a motor vehicle for
that period of time. [Vehicle Code Section 13352(a)(1).]
The privilege to drive may only be reinstated, as defined in
other statutes, if the person shows proof of financial
responsibility and has completed the DUI program offered by
the DMV, as specified. However, enrollment and completion
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of the course must occur after the conviction. [Vehicle
Code Section 13352(a)(1).]
When a person is convicted of DUI causing bodily injury, the
privilege to operate a motor vehicle shall be suspended for
one year. Again, the privilege may only be reinstated if
he or she can show proof of financial responsibility and
successful completion of a DUI program. [Vehicle Code
Section 13352(a)(2).]
When a person is arrested (before conviction) for DUI as a
first offense, existing law allows the DMV to suspend his
or her license immediately. [Vehicle Code Section
13353.2(a)(1).] The period of suspension for a first
offense is four months assuming the driver did not refuse a
chemical test, as specified. [Vehicle Code Section
13353.3(b)(2).] Notwithstanding that provision, if a
first-time DUI arrestee shows proof of enrollment in a DUI
program and is 21 years of age or older, he or she may get
a restricted license after 30 days. A restricted license
means the driver may only drive to and from specific
places, such as the DUI program, work and/or school.
[Vehicle Code Section 13353.7(a).] The restriction shall
be in effect for a period of five months. [Vehicle Code
Section 13353.7(a)(3).]
b) Second Offense : A person convicted of DUI as a second
offense shall have his or her license suspended for a
period of two years. [Vehicle Code Section 13352(a)(3).]
The privilege to operate a motor vehicle may be reinstated
with restriction after one year where the person show proof
of financial responsibility, enrollment in a DUI program
and proof of installation of an IID. [Vehicle Code section
13352 (a)(3)(A) to (F).]
When a person is convicted of a second offense DUI with
injury, his or her license is suspended for three years
although he or she may get a restricted license after one
year upon a showing of proof of financial responsibility,
enrollment in a DUI class and proof of installation of an
IID. [Vehicle Code Section 13352(a)(4).]
A person who has been previously convicted of DUI and is
arrested again for DUI shall have his or her license
suspended for a period of one year. [Vehicle Code Section
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13353.3(b)(2).] SB 598, Chapter 193, Statutes of 2009 will
allow an offender who shows proof of installation of an IID
may receive a restricted license in 90 days.
c) Multiple Offenses : A person convicted of DUI for a
third offense shall have his or her license suspended for a
period of three years. A person may receive a restricted
license after one year if he or she shows proof of
financial responsibility, enrolls in a DUI class and shows
proof of installation of an IID. [Vehicle Code Section
13352(a)(5).] If convicted of a third offense of DUI with
injury, a person's license to operate a motor vehicle shall
be suspended for a period of five years with the ability to
get a restricted license if he or she demonstrates, among
other things explained above, proof of installation of an
IID. [Vehicle Code Section 13352(a)(6).] If a person is
convicted of a DUI for a fourth offense, he or she shall
receive a license suspension for a period of four years.
He or she may also get a restricted license after one year
if he or she shows proof of, among other things,
installation of an IID. [Vehicle Code Section
13352(a)(4).]
1)Driving on a Suspended License : When a person is convicted of
DUI, he or she may not take the necessary steps to re-instate
his or her license. Hence, when that person is apprehended
driving again, he or she faces the additional misdemeanor of
driving on a suspended license when the suspension is the
result of a DUI. If an offender's license is suspended for
reasons relating to DUI, the penalty upon conviction is more
severe than for reasons not related to DUI. A person who
operates a motor vehicle when his or her license is suspended
for DUI is punished as follows: for a first offense, the
court shall sentence an offender to not less than 10 days and
not more than six months in county jail and a fine of not less
than $300 and not more than $1,000. If the court grants
probation, the court must sentence the offender to a term of
10 days in county jail as a condition of probation; for a
second or subsequent offense committed within five years, the
court shall impose a sentence of not less than 30 days in
county jail and not more than one year and by a fine of not
less than $500 and not more than $2,000. If the court grants
probation, the court must sentence the offender for a period
of 30 days. If an offender is convicted of a second or
subsequent offense within seven years but over five years and
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the court grants probation, the court must sentence the
offender to a term of 10 days in county jail as a condition of
probation. [Vehicle Code Section 14601.2(d) to (g).]
Existing law also allows the DMV to suspend a person's license
for failing to provide a chemical or breathe test upon request
by a peace officer. The penalties for operating a motor
vehicle on a suspended license when the suspension is based on
a refusal to submit to a chemical test are as follows: for a
first offense, a court may sentence for a term of not more
than six months in the county jail, a fine of not less than
$300 and not more than $1,000 or by both imprisonment and
fine; an offender convicted of second or subsequent offense
within five years must be sentenced to a minimum of 10 days
and not more than one year in county jail and by a fine of not
less than $5,000.
1)Related Legislation :
a) AB 91 (Feuer), Chapter 217, Statutes of 2009 established
a three-county DMV pilot program that requires a person
convicted of DUI to install an IID, as specified, on all
vehicles he or she owns or operates.
b) SB 598 (Huff), Chapter 193, Statutes of 2009, provided
that the DMV shall advise a person convicted of a second or
third offense of DUI with a blood alcohol content of 0.08%
or more that he or she may receive a restricted license, as
specified, if he or she shows verification of installation
of a certified IID and pays a fee sufficient to include the
costs of administration, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Interlock Service Providers
California Attorneys for Criminal Justice
California DUI Attorneys
Police Officers Research Association of California
San Bernardino County Sheriffs Department
Taxpayers for Improving Public Safety
Opposition
SB 895
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None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744