BILL ANALYSIS
SB 895
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Date of Hearing: June 17, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 895 (Huff) - As Amended: April 6, 2010
Policy Committee: Public
SafetyVote:7-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill clarifies that legislation passed last year (which
takes affect July 1) to allow a person convicted of DUI to get a
restricted driver's license in a shorter period of time if the
person installs an ignition interlock device (IID) applies
whether the license suspension is a court or administrative
suspension.
FISCAL EFFECT
No new costs, as this bill simply makes a technical correction
to SB 598 (Huff), Statutes of 2009.
Estimated costs for SB 598 are:
1)One-time start-up costs (Motor Vehicle Account) in the range
of $250,000 for DMV to provide notices to DUI offenders,
modify its driver license suspension and revocation process,
and monitor installation and maintenance of IIDs. These costs
should eventually be recouped via fees paid to the department
by DUI violators who install IIDs.
2)Annual costs in the range of $200,000 that should also be
covered by DUI offenders who install IIDs.
COMMENTS
SB 895
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1)Rationale . This bill is intended to correct a drafting error
in legislation passed last year to allow a person convicted of
DUI to get a restricted license after a specified period of
time if he or she installs an IID on his or her vehicle.
According to the author, "Senate Bill 895 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 crossover
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 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.
2)SB 598 (Huff), Statutes of 2009 , authorizes an offender
convicted of a second or subsequent DUI who installs an IID to
receive a reinstated license in 90 days rather than in one
year. SB 598 becomes operative July 1, 2010. The intent of SB
598 is to increase the use of IIDs among repeat offenders
while they are in treatment and to reduce the incidence of
driving while on a suspended license.
3)AB 91 (Feuer), Statutes of 2009 , established a four-county
pilot program to require a person convicted of DUI to install
an IID, as specified, on all vehicles owned or operated.
SB 895
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081