SB 1237, as introduced, Cannella. Vehicles: driving under the influence: alcohol programs.
Existing law makes it a crime for a person under 21 years of age who has 0.05% or more, by weight, of alcohol in his or her blood to drive a vehicle. If a person at least 18 years of age is convicted of a first violation of that offense, existing law requires the court, in addition to any penalties, to order the person to attend a licensed driving-under-the-influence program and to pay a fee to attend the program.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 23502 of the Vehicle Code is amended
2to read:
(a) Notwithstanding any otherbegin delete provision ofend delete law, if a
4personbegin delete who isend delete at least 18 years of age is convicted of a first
5violation of Section 23140, in addition to any penalties, the court
6shall order the person to attend a program licensed under Section
711836 of the Health and Safety Code, subject to a fee schedule
P2 1developed under paragraph (2) of subdivision (b) of Section
211837.4 of the Health and Safety Code.
3(b) The attendance in a licensed driving-under-the-influence
4program required under subdivision (a) shall be as follows:
5(1) If, within 10 years of the current violation of Section 23140,
6the person has not been convicted of a separate violation of Section
723140, 23152, or 23153, or of Section 23103, with a plea of guilty
8under Section 23103.5, or of Section 655 of the Harbors and
9Navigation Code, or of Section 191.5 of, or subdivision (a) of
10Section 192.5 of, the Penal Code, the person shall complete, at a
11minimum, the education component of that licensed
12driving-under-the-influence program.
13(2) If the person does not meet the requirements of paragraph
14(1), the person shall complete, at a minimum, the program
15described in paragraph (1) of subdivision (c) of Section 11837 of
16the Health and Safety Code.
17(c) The person’s privilege to operate a motor vehicle shall be
18suspended by the department as required under Section 13352.6,
19and the
court shall require the person to surrender his or her driver’s
20license to the court in accordance with Section 13550.
21(d) The court shall advise the person at the time of sentencing
22that the driving privilege will not be restored until the person has
23provided the department with proof satisfactory to the department
24that the person has successfully completed the
25driving-under-the-influence program required under this section.
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