BILL ANALYSIS
SB 895
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 895 (Huff)
As Amended April 6, 2010
2/3 vote. Urgency
SENATE VOTE :34-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 14-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, Ammiano, |
| |Gilmore, Hill, | |Bradford, Charles |
| |Portantino, Skinner | |Calderon, Coto, |
| | | |De Leon, Hall, Harkey, |
| | | |Miller, Nielsen, Skinner, |
| | | |Solorio, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Davis, Norby, Torrico |
| | | | |
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, 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
SB 895
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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 : 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 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
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"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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0004918