BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2690|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 2690
Author: Mullin (D), et al.
Amended: 3/20/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote
SUBJECT : Driving under the influence
SOURCE : California District Attorneys Association
DIGEST : This bill 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.
ANALYSIS : Existing law:
1.Requires a person who is convicted of a DUI and the offense
occurred within 10 years of three or more separate violations
of specified DUI related offenses, as specified, to be
CONTINUED
AB 2690
Page
2
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 the
Department of Motor Vehicles (DMV). (Vehicle Code, � 23550
(a).)
2.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. (Vehicle Code� 23217.)
3.States that a person is guilty of a public offense, punishable
by imprisonment in the 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 DUI offenses, and the offense occurred within 10
years of any of the following (Vehicle Code, � 23550.5 (a)):
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.
1.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 the
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. (Vehicle Code, � 23550.5 (b).)
2.Requires the DMV to revoke the driving privilege of a person
convicted of one of the offenses described above. (Vehicle
Code � 23550.5 (c).)
CONTINUED
AB 2690
Page
3
3.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. (Vehicle Code �
23550.5 (d).)
This bill changes the word "prior" in Vehicle Section 23550.5(a)
to "separate" so that enhanced penalties clearly apply
regardless of the timing of the offense.
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. 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.
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 �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.
Vehicle Code �23550.5(a) provides that any DUI that occurs
within 10 years of a prior felony DUI is also charged as a
felony.
Current law also states a general intent that a person be
subject to enhanced penalties for multiple DUI offenses
within a 10 year period, regardless of whether the
CONTINUED
AB 2690
Page
4
convictions are obtained in the same sequence as the
offenses had been committed (Vehicle Code �23217).
Courts have repeatedly recognized that the use of the word
"prior" to describe an offense has a particular meaning and
signifies that the alleged prior conviction must occur
prior to the conduct of the currently charged offense.
People v. Snook (1997) 16 Cal.4th 1210 and People v. Baez
(2008) 167 Cal.App.4th 197.
Despite the Legislature's clear intent to the contrary,
when the order of an offender's DUI convictions does not
follow the order of the offenses, the offender escapes
enhanced penalties.
Take, for example, a person who is charged with DUI in
February. In April, while awaiting trial on the February
DUI, they drive drunk and injure someone, which is a
felony. They plead guilty to the April felony DUI before
the trial begins on the February DUI. The February DUI
cannot then be charged as a felony, despite having occurred
within 10 years of a felony DUI - precisely the situation
contemplated in Vehicle Code �23217.
Related statutes pertaining to multiple DUI offenses have
been amended over time to change language from "prior"
offenses to "separate" offenses. This is true for both
Vehicle Code �23550, as well as Vehicle Code �23550.5(b).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential increase in state incarceration costs (General Fund)
to the extent the enhanced penalty for multiple DUI offenses
leads to additional Department of Corrections and
Rehabilitation (CDCR) commitments (for those previously
convicted of a serious or violent felony) and/or longer
lengths of sentences. CDCR data indicates over 1,000
commitments to state prison in 2013 under the relevant DUI
offense statutes. To the extent even one-half to one percent,
or five to 10 commitments are impacted by the bill's
provisions would result in increased state incarceration costs
CONTINUED
AB 2690
Page
5
of about $150,000 to $300,000 based on the in-state contract
bed cost of $30,000.
Potential increase in local incarceration costs to the extent
the enhanced penalty for multiple DUI offenses leads to
additional jail commitments and/or longer jail terms. To the
extent a portion of the new and/or extended jail sentences
resulting from this bill would have spent the enhancement in
prison prior to 2011 Realignment would potentially result in
these costs being subject to state reimbursement.
SUPPORT : (Verified 8/15/14)
California District Attorneys Association (source)
ASSEMBLY FLOOR : 79-0, 5/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Vacancy
JG:nl 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED