BILL NUMBER: AB 1104 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2011
INTRODUCED BY Assembly Members Pan and Dickinson
FEBRUARY 18, 2011
An act to amend Section 23665 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1104, as amended, Pan. Vehicles: driving-under-the-influence
(DUI).
Existing law authorizes a court to postpone the revocation or
suspension of a person's driving privilege until the term of
imprisonment is served if that person was convicted of certain DUI
provisions, among other things, and sentenced to serve one year in a
county jail or more than one year in the state prison.
This bill would instead require the court
Department of Motor Vehicles, upon receipt of a duly certified
abstract of record of a court, to postpone the revocation or
suspension of a person's driving privilege until the term of
imprisonment is served , and notify the department of the
postponement, if that person was convicted of certain DUI
provisions and sentenced to serve any time
incarceration in a county jail or the state
prison.
The bill would require the California Department of Corrections
and Rehabilitation to notify the department 30 days prior to the
release of an inmate whose license was suspended.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23665 of the Vehicle Code is amended to read:
23665. (a) If a person is convicted of a violation of Section
20001 and is sentenced to one year in a county jail or more than one
year in the state prison, the court may postpone the revocation or
suspension of the person's driving privilege until the term of
imprisonment is served.
(b) If a person is convicted of a violation of Section 23152 or
23153 and is sentenced to serve time in a county jail or
incarceration in the state prison under Section
23540, 23542, 23546, 23548, 23550, 23550.5, 23552, 23554, 23556,
23558, 23560, 23562, 23566, or 23568, the court shall
postpone the revocation or suspension of the person's driving
privilege until the term of imprisonment is served and shall notify
the department of the postponement. department shall,
upon receipt of a duly certified abstract of record of a court,
postpone the revocation or suspension of the person's driving
privilege until the term of imprisonment is served. The California
Department of Corrections and Rehabilitation shall notify the
department 30 days prior to the release of an inmate whose license
has been suspended.