BILL ANALYSIS �
AB 1104
Page 1
Date of Hearing: April 26, 2011
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1104 (Pan) - As Introduced: February 18, 2011
As Proposed to be Amended in Committee
SUMMARY : Requires revocations of driving privileges for
specified driving-under-the-influence (DUI) related offenses not
run concurrent with state prison sentences. Specifically, this
bill :
1)Provides that when an offender is sentenced to state prison
and they have a specified DUI offense, the Department of Motor
Vehicles (DMV) 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.
2)The California Department of Corrections and Rehabilitation
shall notify the DMV 30 days prior to the release of an inmate
whose license has been suspended.
EXISTING LAW :
1)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).]
2)States that the DMV shall immediately suspend or revoke the
license of a person once they receive an abstract of the
record of the court showing that the person has been convicted
of a DUI. �California Vehicle Code Section 13352(a).]
3)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).]
4)Provides that a person convicted of a second DUI within 10
years of a specified prior DUI conviction shall be punished by
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imprisonment in the county jail for 90 days to one year and/or
a fine of $390 to $1,000. (Vehicle Code Section 23540.)
5)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).]
6)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.)
7)Mandates a court granting probation to a DUI first offender
who had a blood alcohol concentration (BAC) of 0.20% or more,
or who refused to take a chemical test, to order the defendant
to participate for at least six months in a licensed program
that consists of at least 45 hours of education, group
counseling, individual interview sessions, and other specified
program activities. �Health and Safety Code (HSC) Section
11837(c)(2).]
8)States that each county shall develop, implement, and operate
an alcohol and drug assessment program that shall assess a
person convicted of a second or subsequent DUI violation who
failed to comply with the rules and policies of the drinking
driver treatment program. �Vehicle Code Section 23646(a).]
9)Requires a person convicted of DUI or DUI with bodily injury
within seven years of conviction of a separate violation of
DUI or DUI with bodily injury to participate in a drug problem
assessment program. �Vehicle Code Section 23646(b).]
10)States that if the court grants probation to a person
convicted of a third DUI offense, the court may order as a
condition of probation that the person participate in a
30-month licensed DUI program. �Vehicle Code Section
23548(b).]
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11)Provides that each county shall prepare an alcohol and drug
problem assessment report on each person ordered by the court
to participate in such program. �Vehicle Code Section
23648(a).]
12)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 HSC Section 11837.
�Vehicle Code Section 23648(b).]
13)Provides that within 30 days of receipt of the assessment
report, the court shall order the person to complete the
recommendations set forth in the report and in satisfaction
of, and consistent with, the conditions of probation. States
that if the court elects not to order the completion of the
recommended plan, the court shall specify on the record its
reason for not adopting these recommendations. �Vehicle Code
Section 23648(c).]
14)In addition to any other provisions of law, the court may
require that a person convicted of a first offense DUI install
a certified interlock ignition device (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).]
15)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
AB 1104
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term of the restriction shall be determined by the court for a
period not to exceed three years from the date of conviction.
The DMV shall place the restriction in the person's records in
the DMV. �Vehicle Code Section 23575(a)(2).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "According to
2008 data from the National Highway Traffic Safety
Administration (NHTSA) there are over 310,000 Californians
with three or more DUI convictions. Repeat DUI offenders are
endangering constituents throughout California. In 2008, over
1,000 people were killed by drunk drivers in California and
another 28,000 were injured. The NHTSA estimates that
one-third of the annual 1.5 million DUI arrests are repeat
offenders.
"Under existing law when an individual is convicted of a crime
that causes great bodily harm as a result of driving
intoxicated, the revocation or suspension of their driving
privileges runs concurrently with their prison sentence.
Allowing the license revocation period to run concurrently
with the prison term allows the repeat DUI offender to get
their license back quicker after they're released from prison.
Ironically, in cases where the time an offender may serve in
prison is longer than the suspension or revocation period,
upon being released from incarceration the DUI offender can
walk right into the DMV and apply for reinstatement of their
driving privileges immediately. The bill adds an important
clarification to state law by requiring the license revocation
period to begin after the offender is released from
imprisonment."
2)Dangers of Driving under the Influence : Alcohol impairs one's
reaction time, tracking and steering, coordination, judgment,
and speed control - making driving under the influence a
dangerous activity. While the number of alcohol-related
deaths due to traffic fatalities has increased, so too has the
total number of traffic deaths, though the percentage of total
traffic fatalities due to alcohol remains at or near 40%.
According to NHTSA, fatally injured drivers with BAC of 0.08%
(for example, a 170-pound man drinking three drinks in one
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hour would have a 0.08% BAC) or greater were nine times as
likely to have a prior DUI conviction compared to fatally
injured sober drivers. NHTSA further reports that the risk of
a driver who has one or more DUI convictions becoming involved
in a fatal crash is about 1.4 times the risk of a driver with
no DUI convictions. About one-third of drivers arrested or
convicted of DUI are repeat offenders. Thus, it is clear that
repeat DUI offenders present a special concern to public
safety, though the question remains as to the best approach to
dealing with the problem.
3)Current Penalties for Repeat Drunk Drivers : Under current
law, a person convicted of a second DUI faces the following
possible punishment: up to one year in jail, up to $1,000 in
fines plus assessments, a two-year driver's license suspension
that will not be reinstated until proof of completion of a
treatment program is provided, vehicle impoundment, and
installation of an IID as a condition of probation. The
punishments are even more severe if the DUI resulted in
injuries. A person convicted of a third DUI faces the
following possible punishment: up to one year in jail, a fine
of up to $1,000 plus assessment, vehicle impoundment,
designation as a habitual traffic offender for three years,
license revocation, and a 30-month treatment program. 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.
4)Effectiveness of License Revocation in Diminishing Incidents
of DUI : Up to 75% of DUI offenders continue to drive while
their licenses are suspended. A 1998 survey found that while
DUI offenders continued to drive with suspended licenses, they
reported driving less and more carefully. Studies confirm
that even though DUI offenders continue to drive with
suspended licenses, they present a lower risk to the public
than if they are allowed to retain their full driving
privileges.
The practical effect of a suspended or revoked license is the
same - it is unlawful for that person to drive a car. It is
unclear if DUI offenders who continue to drive with suspended
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licenses would stop driving simply because their licenses had
been revoked.
5)License Revocation as a Solution : The National Highway
Traffic and Safety Administration reports that not many repeat
DUI offenders are deterred by broad impaired driving laws.
NHTSA suggest four alternative sanctioning approaches that
have proven especially effective at reducing repeat offenses.
Those approaches are as follows:
a) Automobile Impoundment: Impounding vehicles after a
conviction for DUI or driving with a suspended license can
decrease recidivism by an estimated 38% and DUI accidents
by about 4%. Overall, per vehicle impounded, enforcement
would cost California approximately $1,100 and save on
average $5,700.
b) IIDs: Breath-testing IIDs are designed to prevent any
person with a positive BAC from starting or driving a car.
Attaching an IID to a car for one year after its operator
is convicted of driving while intoxicated would reduce
recidivism by an estimated 75% and alcohol-related
fatalities by 7% and save almost $11,000 per vehicle
equipped. Including equipment and case management costs,
IID costs would total approximately $1,320 per vehicle.
c) Electronically Monitored House Arrest: Electronic
monitoring is an alternative to incarcerating repeat
offenders. Electronic monitoring provides assurance of an
offender's presence within an assigned area. A device
attached to the offender's wrist or ankle and relays a
continuous signal to a computer. Monitoring may also a
require offender to relay a breath test when prompted by a
random phone call. Implementation of this program could
decrease recidivism by an estimated 31%, causing DUI
accidents to decrease by about 3% in California. Per
person arrested, the program would cost nearly $1,900,
could avoid an estimated $7,200 in automobile accident
costs, and save almost $2,480 in incarceration costs.
d) Intensive Probation Supervision with Treatment:
Intensive probation supervision with treatment is an
alternative to incarcerating repeat offenders. This early
intervention program seeks to reduce alcohol-impaired
driving by addressing repeat offenders' drinking habits and
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provides intensive individual counseling and monitoring.
Implementation of this program in California could decrease
recidivism by an estimated 48%, causing DUI accidents to
decrease by 4%. Typically, per person arrested, this
program costs approximately $1,700 and could save an
estimated $8,100 in accident costs and $700 in
incarceration costs.
6)Argument in Support : According to the California State
Sheriffs' Association , "�c]urrently, the time of imprisonment
and the time of the license revocation overlap. For example,
if someone is serving three months in jail and their license
has been revoked for six months, by the time they served their
time in jail they only have three months left on their license
revocation due to the three months in jail counting for time
toward their license suspension."
7)Argument in Opposition : According to the California Public
Defenders Association , "�w]hen a driver is convicted of a DUI
and sentenced to jail or prison the sentencing judge may, but
is not required, to order a mandatory license suspension shall
not commence until the completion of the incarceration. This
bill would require that the suspension commence only upon
release from jail. While there might be some facial appeal in
delaying the suspension during the time the individual is
unable to drive anyway, there is good reason to retain current
law."
8)Prior Legislation : AB 1601 (Hill), Statutes of 2010, Chapter
301, permits a court to order a 10-year revocation of a
driver's license for a person convicted of three or more
separate DUI offenses.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Opposition
California Public Defenders Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
AB 1104
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319-3744