HomeMy WebLinkAboutMINUTES - 03131990 - 1.19 1-019 y►7
TO: BOARD OF SUPERVISORS -------
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FROM: ✓f Costa
Phil Batchelor, County Administrator s
County
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DATE: March 6, 1990 srq_._____--
SUBJECT: LEGISLATION - AB 1648 (Leslie)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONIlEENDATION:
Adopt a position of SUPPORT for AB 1648 by Assemblyman Leslie
which would increase the categories of individuals classified as
habitual traffic offenders because of driving under the influence
offenses, increase the criminal penalties for these offenses and
makes related changes in current law.
BACKGROUND:
Current law requires, if a person is convicted of a violation of
driving under the influence (DUI ) , and the offense occurred
within seven years after the person was convicted of two separate
violations of reckless driving which was accepted as a plea
bargain for DUI , or of DUI , or of DUI which causes bodily injury,
or any combination of these offenses, the court is required at
the time the driver' s license is surrendered to have the
defendant sign an affidavit acknowledging his or her
understanding that the revocation is required for three years and
that the person is designated as an habitual traffic offender.
If there have been three or more such convictions within the
seven year period of violations of reckless driving which was
accepted as a plea bargain for DUI , or of DUI , or of DUI which
causes bodily injury, or any combination of these offenses, the
court is required at the time the driver' s license is surrendered
to have the defendant sign an affidavit acknowledging his or her
understanding that the revocation is required for four years and
that the person is designated as an habitual traffic offender.
CONTINUED ON ATTACHMENT:YeS YES SIGNATURE: �\
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 13, 1990 APPROVED AS RECOMMENDED A OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
�l 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.
CC.
Please see Page 2 . ATTESTED MAR 13 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY e 'v' DEPUTY
-2-
AB 1648 , as amended February 20, 1990 would add to these offenses
DUI which causes bodily injury where the offense occurred within
seven years after the person was convicted of two separate
violations of reckless driving which was accepted as a plea
bargain for DUI , or of DUI , or of DUI which causes bodily injury,
or any combination of these offenses, in which case the court is
required at the time the driver' s license is surrendered to have
the defendant sign an affidavit acknowledging his or her
understanding that the revocation is required for five years and
that the person is designated as an habitual traffic offender.
This latter set of offenses includes individuals who are
convicted of vehicular manslaughter, specifically while driving
under the influence and in the commission of an unlawful act, not
amounting to a felony, and without gross negligence or vehicular
manslaughter involving driving under the influence and in the
commission of a lawful act which might produce death, in an
unlawful manner, but without gross negligence.
AB 1648 also requires the surrender of a temporary permit to
drive, in addition to a driver' s license, in all of the above
circumstances.
Under current law any habitual traffic offender who is convicted
of driving while the individual' s driver' s license is suspended
or convicted because of DUI is punished by 6 months in the county
jail and a fine of $2000. Because additional types of
convictions are defined as habitual traffic offenders, AB 1648
imposes this punishment on the additional offenses which are
included as habitual traffic offenders.
AB 1648 also requires that an individual who is convicted of DUI
where there are three or more convictions within the last seven
years as defined above or is convicted of DUI which causes bodily
injury where there are two convictions within the last seven
years as defined above shall be designated as a habitual traffic
offender for a period of three years.
Since AB 1648, as amended February 20, 1990, increases penalties
on individuals who are convicted of repeat violations of DUI and
related offenses, it appears to further the Board of Supervisors'
war on drugs. It is therefore recommended that the Board of
Supervisors indicate its support for AB 1648, as amended February
20, 1990.
cc: County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Health Services Director
Alcohol Program Administrator
Chair, Alcoholism Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates