HomeMy WebLinkAboutMINUTES - 04171990 - 1.34 1-034
TO: BOARD OF SUPERVISORS 5 s Contra
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FROM: Costa
Phil Batchelor, County Administrator A ._.: ,¢
County
DATE: April 12 , 1990 '
SUBJECT: LEGISLATION: SB 1756 (Lockyer)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONMUMATION
Indicate that the Board of Supervisors continues to be in SUPPORT
of SB 1756 by Senator Lockyer which would expand the offenses
relating 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.
BACKGROUND:
on February 13 , 1990 the Board of Supervisors voted to support SB
1756. On March 28 , 1990 the bill was amended.
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
additional year or delay the individual' s right to obtain his or
her driving privilege 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
CONTINUED ON ATTACHMENT:YeS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Maawl_ VC
ACTION OF BOARD ON - April 17 , 1990 APPROVED AS RECOMMENDED� OTHER
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.
CC: ATTESTED APR 17 1990
Please see Page 2 .
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
pp,
-2-
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
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.
SB 1756, as amended March 28, 1990, adds to this list of offenses
for which suspension or delay of driving privileges are required,
the following offenses:
Operating any vessel while under the influence of an
alcoholic beverage or drug.
Operating any recreational 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.
Reckless driving as a plea bargain for driving under the
influence.
The March 28, 1990 amendment eliminates extending this additional
penalty to the offense of riding a bicycle on a highway while
under the influence of an alcoholic beverage or any drug which
had been included in the bill as it was introduced.
However, passage of SB 1756 will still 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, it appears to be appropriate for the Board of
Supervisors to indicate their support of SB 1756.
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