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Home My WebLink AboutMINUTES - 07101990 - 1.65 TO: BOARD OF SUPERVISORS Contra ,. FROM: Costa n. s ,40 Phil Batchelor, County Administrator �''ao, _ �� County DATE: sTa c6iic+`� July 5, 1990 SUBJECT: LEGISLATION: SB 1150 (Lockyer) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Continue the Board' s position of SUPPORT for SB 1150 by Senator Lockyer which would increase the period of driver' s license suspension when an individual is convicted of driving while under the influence of an alcoholic beverage or any drug or of refusing to undergo a chemical test to determine the individual' s blood alcohol level and would make related changes in the procedures to be followed in making such a determination. SB 1150 also modifies the confidentiality of residence address records in the DMV and permits their release to an attorney who states under penalty of perjury that the information is necessary to represent his or her client. BACKGROUND: On February 27, 1990 the Board of Supervisors voted to support SB 1150 by Senator Lockyer. On March 6, 1990 the Board of Supervisors voted to continue that support in view of the amendments which were made on January 24, 1990. On March 13 , 1990 the Board of Supervisors voted to continue their support of SB 1150 as it was amended February 15, 1990. On April 17, 1990 the Board of Supervisors voted to continue its support of SB 1150 in view of the amendments made on March 13 , 1990. On May 1, 1990 the Board of Supervisors voted to continue their support of SB 1150 as amended April 3 , 1990. On June 12, 1990 the Board of Supervisors voted to continue their support of SB 1150 as it was amended on May 2, 1990. On June 14, 1990 the bill was again amended. l/ f CONTINUED ON ATTACHMEN�eS—YES SIGNATURE: All, ffw?� X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): LA'ifit1 ACTION OF BOARD ON July 1 0 ., 1990 APPROVED AS RECOMMENDED A OTHER VOTE OF SUPERVISORS Y 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 1,9 0 Please see Page 4. PHIL B CHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) -2- 1A Under current law, a person' s privilege to operate a motor vehicle may be suspended or revoked if the person is convicted of driving while under the influence of an alcoholic beverage, any drug, driving with an excessive blood alcohol concentration, driving while addicted or if the person refuses to submit to chemical testing of his or her blood, breath or urine after arrest for those offenses. The period of suspension or revocation is enhanced if the person has had convictions of separate offenses of that prohibition or, in certain circumstances, convictions of reckless driving involving alcohol, within a specified 7 year period. Also under current law, the Department of Motor Vehicles may suspend the person' s privilege to operate a motor vehicle for 6 months on a first violation or one year on any subsequent violation within 7 years if the department finds administratively that the person was driving a motor vehicle with an excessive concentration of alcohol in his or her blood. If the person subsequently enrolls in an alcohol treatment program the department is required to suspend the person' s driving privilege for 30 days and then issue the person a restricted license for driving to and from treatment. If the person has a commercial license and has no separate violations of alcohol-related offenses or suspensions within 7 years, the department is required to suspend the person' s driving privilege and then issue the person a restricted license for driving to and from and in the course of his or her employment. SB 1150, as amended June 14, 1990, extends the period of suspension to one year on a first violation of refusing a chemical test of the person' s blood, breath or urine and requires the revocation, instead of suspension, for 2 years, instead of one year, for a subsequent violation of such refusal or conviction of driving with an excessive blood alcohol content or upon an administrative determination that the person was driving with an excessive blood alcohol content. If there had been two . or more convictions within the past 7 years, the revocation would be for three years. SB1150 also allows the court to postpone the license suspension until the driver has completed his or her term of imprisonment where a driver is sentences to one year in the county jail or to more than one year in state prison. SB 1150 also conforms various provisions of law to the . 08% blood alcohol limit which was enacted in 1989. The bill also makes a variety of procedural changes regarding the manner in which such cases are adjudicated. The bill clarifies that the administrative finding by the Department of Motor Vehicles that a driver was in physical control of a vehicle with a blood alcohol level of . 08% or more is a civil matter which does not affect any subsequent criminal prosecution for the same or similar charges. The bill also provides that if an individual is acquitted of criminal charges relating to a determination of facts under this administrative procedure the Department must reinstate the person' s privilege to operate a motor vehicle if it was suspended administratively, return or reissue the individual' s driver 's license and is .precluded from charging any fee for returning or reissuing the driver' s license. The bill also notes that an administrative suspension because the individual refused a chemical test to determine the presence of alcohol in the driver's blood, breath or urine does not preclude _3- any subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding. The bill provides that any court review of such an administrative determination shall not preclude subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding. The bill also provides that if a person has refused an officer' s request to submit to, or has failed to complete, a chemical blood alcohol test but has entered a guilty plea to the charge of driving under the influence and has subsequently enrolled in an alcohol treatment program, the court must, in addition to any other punishment which is imposed, order DMV to suspend the person' s driving privilege for six months or, for one year in the case of a second conviction within seven years, and then, after 90 days, issue the person a restricted license authorizing the .operation of a motor vehicle only to and from the treatment program. Under existing law residence addresses in records of the DMV are confidential and may be released only to financial institutions under certain circumstances and insurance companies under certain circumstances. SB 1150 allows an attorney to have access to otherwise confidential records of the Department of Motor' Vehicles when the attorney certifies that such information is required in order to represent his or her client in a criminal or civil action that is pending, is about to be filed or is being investigated. The May 2, 1990 amendments detail how this information is to be treated. Since SB 1150 continues to increase the penalties for driving under the influence of alcohol or drugs it appears to be consistent with the Board of Supervisors' war on drugs. It is therefore recommended that the Board continue to indicate its support for SB 1150, as amended June 14, 1990. SB 1150 passed the Senate Judiciary Committee on January 16, 1990 by a vote of 6: 0. The bill passed the Senate Appropriations Committee January 25, 1990 by a vote of 8: 0. The bill passed the full Senate January 26, 1990 by a vote of 33 : 0. SB 1150 passed the Assembly Public Safety Committee on April 17, 1990 by a vote of 7:0. The bill passed the Assembly Ways and Means Committee May 24, 1990 by a vote of 18: 1. The bill is now on the Third Reading File on the Assembly Floor. cc: Senator Lockyer County Administrator District Attorney Sheriff-Coroner County Probation Officer Health Services Director Alcohol Program Administrator Municipal Court Administrator Les Spahnn, SRJ. Jackson, Barish & Associates