HomeMy WebLinkAboutMINUTES - 02131990 - 1.27 I
1 -007 J/�l
TO: BOARD OF SUPERVISORS
°F Contra
FROM:
costa
Phil Batchelor, County Administrator ,; _
°4 County
DATE: February 5, 1§90
SUBJECT: LEGISLATION: [SB 1756 (Lockyer)
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SPECIFIC REQUEST(S)OR RECOMMENDATION(II)&BACKGROUND AND JUSTIFICATION
RECOPH4ENIDATION
Adopt a position of SUPPORT for SB 1756 by Senator Lockyer which
would expand the offenses relating to alcohol and controlled
substances for which a court is required to suspend, restrict, or
delay for one year the driving privilege of persons under the age
of 21 but 13 years of age or older and require the court to
report those cases to the Department of Motor Vehicles.
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BACKGROUND:
Under current law, a court is required to suspend the driving
privileges of any individual under the age of 21 but 13 years of
age or older for' one year when the individual is convicted of any
of a wide variety of alcohol and drug related offenses. If the
individual does !not yet have the privilege of driving, the court
is required to delay issuing the privilege to drive for one year
following the time when the individual would otherwise legally be
eligible to drive. For each successive offense, the court is
required to suspend the individual' s driving privilege for an
additionalyear !or delay the individual' s right to obtain his or
her driving priv�ilege for an additional year. If there have been
no additional offenses for one year after a conviction, the
individual may ,petition the court to restore or grant the
individual' s driving privilege. The suspension, restriction or
delay of driving privileges is in addition to any other penalty
imposed upon conviction of any of these violations.
Among the offenses for which current law provides for suspension
or delay in one's driving privilege are: driving under the
is
CONTINUED ON ATTACHMENT: eS YES SIGNATURE:
yy RECOMMENDATION OF COUNTY ADMINISI.TRATOR RECOMMENDATION OF BOARD COMMITTEE
1-APPROVE OTHER 11
SIGNATURE(S): ffwlai oe fx�
ACTION OF BOARD ON February 13 , 1990 APPROVED AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES:, AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
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CC:
Please see Page; 2. FEB 1 3
ATTESTED 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
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BY DEPUTY
M382 (16/88)
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influence, bodily injury to an individual while driving under the
influence, furnishing dangerous drugs or devices without a
prescription, providing alcoholic beverages to a person under the
age of 21, purchasing an alcoholic beverage when under the age of
21, use of a false identification in order to purchase alcoholic
beverages, possession of alcoholic beverages in a public place by
a person under the age of 21, gross vehicular manslaughter while
intoxicated, vehicular manslaughter while operating a vehicle
while under the influence of an alcoholic beverage or drug,
disorderly conduct in that the person is found in public under
the influence of, intoxicating liquor or drugs in such a condition
that the individual is unable to exercise care for his or her own
safety or the safety of others. In addition, the possession,
possession for sale, possession of cocaine base for sale,
transportation, ' import, sale, furnishing, administering, giving
away, or offer to or attempt to do any of the actions noted
above in relation to a wide range of controlled substances.
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SB 1756 , as introduced, adds to this list of offenses for which
suspension or delay of driving privileges are required, the
following offenses:
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* Operating zany vessel while under the influence of an
alcoholic beverage or drug.
* Operating anyrecreational vessel with a blood alcohol
concentration of . 10 percent or more.
* Operating other than a recreational vessel with a blood
alcohol content of . 04 percent or more.
* Operating a vessel while addicted to the use of any drug.
* Riding a bicycle on a highway while under the influence of
an alcoholic beverage or any drug.
* Reckless driving as a plea bargain for driving under the
influence.
Since passage of SB 1756 will further the Board' s war on drugs by
increasing the : punishment of those under the age of 21 who
violate various additional laws in that the court would be
required to suspend or delay the issuance of a driver ' s license
for one year, lit appears to be appropriate for the Board of
Supervisors to indicate their support of SB 1756 .
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cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Municipal Court Administrator
Drug Program Administrator
Alcohol Program Administrator
Les Spahnn; SRJ. Jackson, Barish & Associates
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