BILL ANALYSIS �
AB 2690
Page 1
ASSEMBLY THIRD READING
AB 2690 (Mullin)
As Amended March 20, 2014
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Changes the term "prior violations" to "separate
violations" in a statute that authorizes enhanced penalties if
the current offense occurred within 10 years of a prior
conviction that was punished as a felony for specified driving
under the influence (DUI) offenses.
EXISTING LAW :
1)States that it is unlawful for a person who is under the
influence of any alcoholic beverage to drive a vehicle.
2)States that it is unlawful for a person who has 0.08 % or
more, by weight, of alcohol in his or her blood to drive a
vehicle.
3)Provides that it is unlawful for a person who is under the
influence of any drug, or a combined influence of any
alcoholic beverage and drug to drive a vehicle.
4)Prohibits any person, while under the influence of any
alcoholic beverage to drive a vehicle and concurrently do any
act forbidden by law, or neglect any duty imposed by law in
driving the vehicle, and consequently proximately causing
bodily injury to any person other than the driver.
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5)Prohibits any person, while having 0.08% or more, by weight,
of alcohol in his or her blood to drive a vehicle and
concurrently do any act forbidden by law, or neglect any duty
imposed by law in driving the vehicle, and consequently
proximately causing bodily injury to any person other than the
driver.
6)States that a person is guilty of a public offense, punishable
by imprisonment in state prison or confinement in a county
jail for not more than one year and by a fine of not less than
$390 nor more than $1,000 if that person is convicted of a
violation of driving under the influence (DUI) offenses, and
the offense occurred within 10 years of any of the following:
a) A prior violation of a DUI offense punished as a felony,
as provided;
b) A prior violation of a DUI causing injury that was
punished as a felony; or,
c) A prior violation of vehicular manslaughter with gross
negligence that was punished as a felony.
7)Provides each person who, having previously been convicted of
gross vehicular manslaughter while intoxicated, a felony
violation vehicular manslaughter while intoxicated, or
vehicular manslaughter committed during operation of a vessel,
is subsequently convicted of a DUI or DUI causing injury, is
guilty of a public offense punishable by imprisonment in state
prison or confinement in a county jail for not more than one
year and by a fine of not less than $390 nor more than $1,000.
8)Requires the Department of Motor Vehicles (DMV) to revoke the
driving privilege of a person convicted of one of the offenses
described above.
9)Designates a person convicted of a DUI or a DUI causing injury
that is punishable under the enhanced penalties provided in
this section as a habitual traffic offender for a period of
three years, subsequent to the conviction, and requires the
person to be advised of this designation.
10)Requires a person who is convicted of a DUI and the offense
occurred within 10 years of three or more separate violations
AB 2690
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of specified DUI related offenses, as specified, to be
punished as a county jail-eligible felony, or as a misdemeanor
in county jail for not less than 180 days nor more than one
year, and by a fine of not less than $390 nor more than $1000.
The person's driving privilege shall be revoked by DMV.
11)Gross vehicular manslaughter while intoxicated is punishable
by imprisonment in the state prison for 4, 6, or 10 years,
except as provided.
12)Vehicular manslaughter while intoxicated is punishable as a
misdemeanor by imprisonment in the county jail for not more
than one year or as a felony by imprisonment in the county
jail for 16 months or two or four years.
13)States the legislative finding and declaration that the
timing of court proceedings should not permit a person to
avoid aggravated mandatory minimum penalties for multiple
separate offenses occurring within a 10-year period. It is
the intent of the Legislature to provide that a person be
subject to the enhanced mandatory minimum penalties for
multiple offenses within a period of 10 years, regardless of
whether the convictions are obtained in the same sequence as
the offenses had been committed.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially moderate annual General Fund
costs for increased state prison commitments. Based on the 4,641
persons committed to state prison for DUI from 2011-13,
inclusive, if this bill results in a 0.2% increase - three
commitments - annual costs would be about $180,000, assuming per
capita costs.
COMMENTS : According to the author, "According to the DMV's
2013 California DUI-MIS Report, there were nearly 150,000 DUI
convictions in California in 2010 (the most recent year for
which data is available). More than 25% of those convictions
were for a repeat violation.
"Repeat offenders tend to be more inclined to drive drunk again,
and with even higher blood alcohol content [BAC]. The same 2013
DMV study shows that repeat offenders had an average BAC level
of more than twice the legal limit when they were arrested.
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"For decades, legislative intent to impose more severe
punishment on repeat DUI offenders has been reflected in
statute. However, some offenders are using a loophole in the
law to avoid enhanced penalties.
"AB 2690 conforms Vehicle Code [Section] 23550.5(a) with other
statutes relating to multiple DUI offenses, by changing the term
'prior violations' to 'separate violations.' This achieves the
Legislature's intent of punishing multiple DUI offenders more
severely."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003661