HomeMy WebLinkAboutMINUTES - 07151997 - C20 TO: BOARD OF SUPERVISORS .E Contra
FROM:
William Walker, M.D., Health Services Director _, Costa
� = County
DATE: July 1, 1997
SUBJECT: Assembly Bill 762 (Tom Torlakson)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
ADOPT a position of support for AB762 authored by Assemblyman Tom Torlakson.
BACKGROUND
Recently, several tragic DUI-related deaths have occurred in Contra Costa County. Our families
and communities are deeply grieved by the continuing toll that has resulted from the irresponsible
behavior associated with drunk driving. Assemblyman Tom Torlakson has introduced AB 762 in
an attempt to strengthen and improve the DUI laws which are currently in statute. Assemblyman
Torlakson's bill proposes to make numerous statutory changes. Importantly, AB 762 proposes to
substantially increase financial penalties and other-penalty sanctions for DUI offenders.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
�� •��.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - July 15, 1997 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 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 Health Services Department ATTESTED July 15, 1997
District Attorney PHIL BATCHELOR,CLERK OF THE BOARD OF
Probation Department SUPERVISORS AND COUNTY ADMINISTRATOR
Public Defender
Sheriff-Coroner ��
BY �• ,DEPUTY
M382 (10/88)
STATE CAPITOLDISTRICT OFFICE
P.O.BOX 942849 7815 ESTUDILLO STREET
SACRAMENTO,CA94249-0001Qt[� � MARTINEZ,CA 94553
(916)445-7890 (510)372-7990
fifor- n4a MV44f urr
TOM TORLAKSON
ASSEMBLYMEMBER,ELEVENTH DISTRICT
June 30, 1997 RECEIVED
Supervisor. Mark DeSaulnier 2
Chair, Contra Costa County Board of Supervisors jU _
651 Pine Street
Martinez,CA 94553
CLERK tBO�RAO OS A C0�SOR
Dear Supervisor DeSaulnier:
I am writing about legislation I have introduced,AB 762, to address public safety and reduce the
number of alcohol-related vehicle accidents.
As you will see from the attached articles,Contra Costa County has recently experienced tragedies
caused by persons driving while under the influence of alcohol and on suspended licenses. These recent
incidents remind me of my past personal experiences in which the lives of people I knew were tragically
cut short because of alcohol-related accidents. I am determined to do what I can as a legislator to increase
public protection and reduce the number of alcohol-related tragedies. I strongly believe the number of
these senseless deaths can be reduced with tougher laws to keep drunk drivers off the road.
These tougher laws must require DUI offenders to receive more extensive and effective treatment
sooner. According to the California Highway Patrol, a person who has been stopped twice for drunk
driving has probably been driving while intoxicated dozens--if not hundreds--of times.
In addition to implementing greater penalties and consequences now,my bill will require a full
review of the effectiveness of different treatment programs. The bill will also convene a task force of
experts to report back to the Legislature within one year. This process will generate important information
and detailed analysis to guide future legislative efforts.
I have enclosed background information about AB 762. I am writing to urge you to consider
supporting my legislative efforts and to ask you to join me in a renewed statewide education and
prevention campaign to reduce alcohol-related tragedies.
AB 762 passed through the Assembly with an overwhelming vote of 68-8. It is now scheduled to
come before the Senate Public Safety Committee on July 8. I would appreciate if you would send your
letter directly to Senator John Vasconcellos,Chair of the Senate Public Safety Committee, State Capitol,
Room 4061, Sacramento,CA 95814.
Thank you for your consideration.
Sincer
101m
Tom Torlakson
TT:gro
Printed on Recycled Paper
STAIECAPITOLDiSTRICTOFFICE
RO.BOX 942849 815 ESTUDILLO STREET
SACRAMENTO,CA 04249-0001 IMARTINEZ CA 94553
"5-7090 (510)372-7980
Av
TOM TORLAKSON
ASSEMBLYMEMBER,ELEVENTH DISTRICT
AR 762 THE DEADLY DRIVER BILL
"Three Strikes -- and you're off the road"
PROBLEM: Despite recent trends showing annual decreases in the number of alcohol-related injuries and
deaths, over 1,100 children and adults are being killed each year in California at the hands of drunken drivers.
An additional 20,000 are injured. Malay of these drunken drivers are repeat offenders. Recently, in Contra
Costa County, a four-year old boy and his mother were struck down by a drunken driver while walking to the
store. The boy was killed and his young mother,22,was seriously injured losing her unborn,daughter. The
suspect had three previous convictions for drunken driving,three license suspensions, and one license
revocation for driving with an excessive blood alcohol level,yet he was driving legally.
While the emotional impact of a drunk driving collision can scar a family forever,the economic effects are
devastating as well. Impaired driving cost the California economy more than$7.3 billion in 1993 alone. That's
$353 for every licensed driver in the state. Here are some more recent statistics:
• In 1993, approximately one-third of all DUI convictions in California were for-repeat offenses;
• In 1.993. alcohol-related crashes accounted for 45%of all traffic fatilities,in the United States_
SOLUTION: California- as a national leader in aggressively fighting DT-TI, m=comprehensively reevaluate its
approach to punishing repeat drunk driving offenders- We can no longer tolerate the abuse of driving privileges
by those who repeatedly endanger the lives of innocent citizens. We must work to improve drug and alcohol
rehabilitation programs so that those who want help get it and those who deny their alcohol problem come to
understand it, confront it, and control it. We must also use available technology such as the Interlock Ignition
Device to constantly monitor convicted drunk-drivers to ensure that they cannot drive their vehicle intoxicated_
TheCalifornia drivers license should be a certificate of competency and safety. A three-pronged approach of
tougher penalities, constant monitoring,and more effective treatment programs can assure a greater level of
safety on out roads.
I have introduced AB 762 as a vehicle to address these problems. Specifically,AB 762 will:
• Permanently revoke a.criminal's driving privilege after the third DUI conviction -involving an injury and
enhance the penalties for all repeat offenders;
Eliminate existing "wash-out"period for repeat DUI offenses which"forgets"prior DUI convictions
after 7 years.
• Improve first offender and multiple offender treatment and education programs to ensure that convicted
drunken drivers receive the appropriate levels of treatment Raise fines to fund DUI treatment programs.
• Create a better monitoring system of convicted drunk drivers by using available technology such as the
Interlock Ignition Device.
W Change penalties to range from$500 to $2,000 for first and second DUIs and from$1,500 to $10,000 on
third and subsequent offenses.
California must take the next step in saving the lives of innocent citizens. We laced your help! Please write or
call your local representative and encourage Support of AB 762. Together,we can make California streets safer!
6662 LZE 916 NOSMtj�:joj W01 wSSd: WOJ�
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SFNBULT2 Page 1
AB 762 (TORLAKSON) -- THE DEADLY DRIVER BILL
MAJOR COMPONENTS
Summary
• Requires permanent revocation of driving privileges after third DUI conviction with
injuries and after a fourth non-injury DUI conviction.
• Eliminates seven-year washout period which, for sentencing purposes,°forgets" prior
DUI convictions after seven years. As proposed to be amended, would provide for the
permanent retention of DUI convictions for court use only. Would prohibit use of
permanent record for any reason except punishing subsequent DUI offenses.
• Creates statewide alcohol and drug problem assessment program to provide
recommendations to the courts on the appropriate length of treatment for first
and second DUI offenders. Improves first-offender and multiple-offender
treatment programs by enhancing program curriculum requirements.
• Changes penalties to range from $500 to $2000 on DUIs on first and second
DUIs and from $1,500 to $10,000 on third and subsequent offenses.
• Requires convicted DUI drivers to maintain ignition interlock device when they
obtain restricted licenses.
• Requires mandatory vehicle impoundment for DUI offenders.
License Actions
• Extends from six months to 18 months the period of license suspension for a first-time
DUI offender without injuries and from one year to 18 months the period of license
suspension for a first-time offender involving injuries. Permits a convicted DUI
offender to install IID in order to regain restricted driving privileges after one month of
"hard" suspension.
• Extends from 18 months to 24 months the period of license suspension for a second-time
DUI offender without injury. Permits a convicted DUI offender to install IID in order to
regain restricted driving privileges after one year of"hard" suspension.
• Requires a 3-year license revocation for a second DUI offense that involves injuries.
Permits restricted privileges after one year of"hard" suspension with installation of IID.
• Increases revocation period for third DUI from 3 years to 10 years. Permits restricted
privileges after 2 years with installation of IID.
SENBULT2 Page 2
• Extends period of revocation for tampering with, circumventing the operation of, or
illegally driving without an interlock ignition device.
Impound Provisions
• Invokes fines for those who knowingly loan a vehicle to a suspended or revoked
licensed driver: first offense -- $500; second offense -- $1,000; third offense -- $2,000.
• Mandatory vehicle impoundment for driving under the influence. -
• Permit increased durations of vehicle impoundment for driving on a suspended.or
revoked license.
Education and Treatment Programs
• Requires counties with existing alcohol education and treatment programs to develop
and implement an alcohol and drug problem assessment program to make
recommendations to the court as to the appropriate treatment programs for DUI
offenders.
• Require "Wet and Reckless" to participate in a three-month alcohol education and
counseling program.
• Require first-time DUI without injury offenders to participate in a six-month or
nine-month program depending on need.
• Require first-time DUI with injury offenders to participate in a nine-month or 18-month
program.
• Requires close and regular supervision of 18-month program participants for the
duration of the program.
• Require 36 months of treatment for third-time DLII offenders.
Fines and Penalties
• Change penal*ties to range from $500 to $2000 on DUls on first and second DUls
and from $1,500 to $10,000 on third and subsequent offenses.
• Authorize additional penalty assessment in an amount equal to the base fine to fund
county alcohol abuse education and prevention programs and the alcohol,and drug
SENBULT2 Page 3
problem assessments.
Interlock Ignition Device (Also see "License Restrictions")
r Provides $3,000 to $5,000 penalties for tampering with, circumventing the operation of,
or driving without an ignition interlock device.
A8 762 As Bill-Bill Analysis http://www.leginfo.ca.gov/pubibill...2_cfa 970603_003115_asm_floor.html
r
AB 762
Page 1
ASSEMBLY THIRD READING
AB 762 (Torlakson)
As Amended May 28, 1997
Majority vote
PUBLIC SAFETY 8-0 APPROPRIATIONS 14-4
Ayes: Hertzberg, Goldsmith, Bowler,Ayes:Poochigian, Ackerman,
Aguiar,
House, Murray, Napolitano, Baca, Bordonaro, Brewer,
Perata, Washington Cardenas, Granlund, Kuehl,
Machado, Olberg, Sweeney,
Runner, Thomson
Nays: Migden, Martinez, Papan,
Villaraigosa
SUMMARY: Revokes, permanently, a person's driving privilege after
a conviction for driving under the influence (DUI) causing injury,
if the person has two prior DUI convictions. Increases the length
of a drinking driver program, as specified, provides greater
penalties, and eliminates the wash-out period on prior
convictions. Specifically, this bill:
1) Revokes, permanently, a person's driving privilege upon
conviction of DUI causing injury if the person has two prior
convictions and enhances the penalties for all repeat
offenders.
2) Expands the penalties for driving on a suspended license
including mandatory vehicle impoundment.
3) Increases the effectiveness of drug and alcohol treatment
programs and requires enhanced treatment.
4) Creates a different monitoring system of convicted drunk
drivers by using available technology such as the Interlock
Ignition Device.
5) Eliminates the existing "washout" period for repeat DUI
offenses which "forgets" prior DUI convictions after seven
years.
6) Requires counties with existing DUI treatment programs to
develop and implement an assessment component used to provide
recommendations to the court as to the duration of treatment
programs.
7) Creates a mandatory assessment program for DUI offenders and
supplements existing programs with longer programs for
high-risk offenders.
EXISTING LAW:
1) Provides complex penalties for violations of DUI with or
without injury as follows:
1 of 3 06/25/97 11:31:55
AB'762 Assembly Bill-.Bill Analysis http://www.leginfo.ca.gov/pubibill...2_cfa 970603_003115_asm_floor.html
r-. f
AB 762
Page 2
a) A fourth or subsequent offense within seven years is an
alternate felony/misdemeanor, punishable by 180 days to one
year in the county jail; a fine between $390 - $1, 000; a
four-year license revocation and a one-year alcohol/drug
program if the person has not completed one before;
b) A third offense within seven years is punishable by 120
days to. one. year in jail; a fine between $390 - $1, 000; a
three-year license revocation, and a one-year alcohol/drug
program if the person has not completed one before.
c) A second offense within seven years is punishable in one
of two ways:
i) 10 days to one year in jail and an 18-month license
suspension, or
ii) 48 hours to one year in jail, a one-year alcohol/drug
program, and a one-year license restriction allowing
driving to work and to an alcohol/drug program only.
d) A first offense is punishable in two ways, both requiring
attendance at an alcohol/drug program, a fine of $390 to
$1,000, plus either:
i) 48 hours to 6 months in jail, or
ii) A 90-day license restriction allowing driving for work
and alcohol program only.
FISCAL EFFECT: According to the Assembly Appropriations Committee
analysis, there are indeterminable major annual General Fund costs
for incarceration. Based on the 2,174 persons serving time in
state prison for DUI offenses in 1995-96, if this bill, which
deletes the seven-year washout and increases prison terms for
repeat offenders, results in just 5% of these offenders serving an
additional six months in prison, annual costs would exceed $2
million. Deletion of the washout would expand this potential
universe considerably.
COMMENTS: According to the author, "California, as a national
leader in aggressively fighting DUI must comprehensively
re-evaluate its approach to punishing repeat drunk driving
offenders. We can no longer tolerate the abuse of driving
privileges by those who repeatedly endanger the lives of innocent
citizens. We must work to improve drug and alcohol rehabilitation
programs so that those who want help get it and those who deny
their alcohol problem come to understand it, confront it, and
control it. We must also use available technology such as the
Interlock Ignition Device to constantly monitor convicted drunk
drivers to ensure that they cannot drive their vehicle
intoxicated. The California driver's license should be a
certificate of competency and safety. A three-pronged approach of
tougher penalties, constant monitoring, and more effective
treatment programs can assure a greater level of safety on our
roads. "
AB 762
Page 3
2 of 3 06/25/97 11:31:55
A8,762 Assembly Bill-Bill Analysis http://www.leginfo.ca.gov/pub/bill...2_cfa 970603_003115_asm_floor.html
Please see the policy committee analysis for a more comprehensive
discussion of this bill.
Analysis prepared by: Judith M. Garvey / apubs. / (916) 445-3268
FN
032531
3 of 3 06/25/97 11:31:55
c
STATE CAPITOL DISTRICT OFFICE
P.O.BOX 942849 615 ESTUOILLO STREET
SACRAMENTO,CA 94249.0001 Q YI MARTINEZ.CA 94553
(916)445-7890 ff..�� ii..« (510)372.7990
C Xt 'urni� t Afurr
TOM TORLAKSON
ASSEMBLYMEMSER,ELEVENTH DISTRICT
AB 762 -- THE DEADLY DRIVER BILL
"Three Strikes and you're off the road"
SUPPORT
California State Sheriffs' Association
Police Officers Research Association of Califomia(PORAC)
California Organization of Police and Sheriffs
Californians To.Actively Treat and Educate for Recovery(CATER)
California Council on Alcohol Problems
Attorney General Dan Lungren
Doris Tate Crime Victims Bureau
California Trucldng Association
Personal Insurance Federation of California
State Farm Insurance Companies'
Farmers Insurance Group
Association of California Insurance Companies
Citizens For Reliable and Safe Highways (CRASH)
California Association of Interlock Service Providers
San Bernardino County Sheriffs'
Contra Costa District Attorney's Office
Contra Costa County Deputy Sheriffs' Association
East Bay Regional Park District Police Officers Association
Clayton Police Department
Kensington Police Department
Pleasant Hill Police Department
Orinda Police Department .
93,;.K-4 en PACYdeQ Pener
AB 762 -- THE DEADLY DRIVER BILL
"Three Strikes -- and you're off the road"
OTHER SUGGESTED CHANGES:
• After first DUI, triple license suspensions from 6 months to 18 months;
triple 3-month treatment to 9 months.
• After second DUI, triple suspensions from 1-1/2 years to 4-1/2 years; triple
treatment from the current requirement of 1-1/2 years to 2-1/2 years to 4-1/2
to 7-1/2 years of treatment.
• Require doctor's certification of sobriety or continuing non-alcoholic status.
• Change the defined period between incidents for enhancements and
recordkeeping from 7 years to 11 years for second DUI and from 7 years to
20 years for third DUI.
• Require mandatory installation of ignition interlock devices for any driving
allowed after the second DUI.
• Change penalties to range from 5500 to $1500 on all DUI's; dedicate a por-
tion of new penalty money to treatment programs.
• Change restitution to $500 to $5000 for misdemeanors; $2,000 to $20,000
for felonies.
• Require greater employer notification and involvement in treatment
programs -- especially for the category of drivers who drive for a living with
a special license or who use their personal vehicle for business purposes.
California Drunk. Driving Statistics
• In California between 1991 and 1995, there were 81280 persons killed in
alcohol involved collisions and an additional 224,082 persons injured. In
Contra Costa County alone the numbers are 168 and 4,207 respectively.
(CHP 1996)
• In 1995 alone, 1,343 persons were killed in California in alcohol involved
collissions and another 36,961 were injured. (CHP 1996)
• In 1995 alone, 62 children under 16 years of age were killed in in alcohol
related collisions. (CHP 1996)
• More than half of those jailed for DWI in 1989 had previous DWI
convictions. About one in six persons jailed for DWI served at least three
prior sentences in jail for drunk driving. (Bureau of Justice Statistics, 1992)
STATISTICS hcrp:11www.,ran-net comlmaddlmadd sta»huh
N DD: Statistics
About two out of every five Americans will be involved in an alcohol-related crash at some time in their
lives unless we act now.
In 1993, an estimated 17,461 persons were killed in alcohol-related crashes. These deaths accounted for
43.5 percent of the 4.0.115 total traffic fatalities.
It is estimated that 950;000 people were injured in 199= in crashes where police or medical personnel
reported alcohol was present_ That is an average of one iniury every 33 seconds.
About 24 percent of 15-20 year old drivers killed in traf=fic crashes had a blood alcohol conte:it (BAC) of
.10 or higher.
1.6 million people were arrested for DUUDW"I in 1992.ar.ests were highest in the 25-29 year-old age
group. (FBI, 1993)
More than half of those jailed for DWZ in 1989 had previous DWZ convictions. About one in six persons
jailed for DM served at least three prior sentences in jail for drunk dr ving.(Bureau of Justice Statistics,
1992)
The probability of a crash begins to incre—e significantly at.O5 percant BAC and climbs ratlidiv a-*ter
about .08 BAC, (Insurance Institute for Highway Saftey, 199:0
Direct costs of alcohol-related crashes are estimated to be S-I-i billion vea-1v, including 56 billion in
direct medical costs. An additional $90 billion is lost in cualiry of life+due to these crashes. (Miller;
1994)
Faraliry and injury statistics from National Highwc v Trgf1c Safzty Admin=stmtian
14A The Times C Wednesday, Marc-h 5, 1997
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EDiTORIALS1
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Tou her DUI sentences
Severely punish those who diver coagacted for a four�`t DUI is I
three years in jail.T"ne fine range for F
abuse enving pr-ivillege DLI convictions is the same whether +
someone is a fust-time offender or a
is unconscionable that someone third-time offenden
with three prior drunken-driving ' New Contra Cosa Assemblyman
convicdons, three driver's license Tom Torlakson is crafting tougher leg-
s�;persions and one revocation coma islation with the help of District A_4tor-
be,drlving affair. nets Gary Yancey and others.
But apparently, according to police,it Under his -`three-s-zrikes-vou're-off-
wa<_.that sot of driver that r-,-.n down a the-road"bill, drivers could lose their Ii-
rnother and c^ud at an Antioch,toss- ceases forever aster a third drunken-
walk last month,kill.in-e a 4-vear-oia 'Dov dr:'ving convicdon. .
and the fetus the woman was carr'-ring. • - He'd also'like to see proof of compie-
:-1 ikew se, reasonable people were tion of an alcohol-treatment program as
appalled Ia.-,,November when a Pitts- mandatory before first-and second-time
bur;man with 19 convicdors for dri- or-fenders can regain the privilege of dri-
vulg with a suspended license allegedly ving.That in iLe!S should stop some
cause's a Casal that killed a-n A.ntioch - third--;idle offenses from occur,inz. �
another of three. - In addition,his bill would ma--e it a
Both ac--idents were teri mie cnirne to knowingly or negligently loan
ta6edies that could have been avoided a car-to someone with a revoked'or sus-
had tougher DUI laws been-in place. pended license, gNing authority to im-
Notlhing car:reverse the outcome or pound the . ,.
those two situations.But z.icier laws As most of us learned in driver's ed- .
could save lives in the future. ucadon class, diving is a pr-iviiese not _
Last year more than a thousand fa- a riVht.Those who break the law by
talities in Califor-ma were attributed to crime drunk or who abuse their privi-
drunken drives.And of the 152,000 lege in some other way must pkv the
DUI convicdons, about 50,000 were re- consequences. Driving drunk or w-itih-
peat offenders. out a license is a serious oFerse. It's
Clearly, a bill to keep repeat drunker oniy rght that the punishment fit the
drivers and drivers with s,mended or seriousness of the r:-me.
revoked licenses or the road is long Torlakson should agg~essively pur-
overdue. Incredibly the �a-dmum pun- sue this legislation.We will all be safe:;
ishment a ivage can me.e out now for a if it passes.
Senate Public Safety Committee
Senator John Vasconcellos (D-13) Se ator Quentin Kopp (L--$-
Capitol State Capitol Room 4061 Capitol State Capitol Room 2057
Office Sacramento, CA 95814 Office Sacramento, CA 95814
Phone: (916) 445-9740 Phone: (916)445-0503
FX: 916-324-0283 FX: 916-327-2186
District 100 Paseo de San Antonio District 3163 El Camino Real
Offices Suite 209 Offices Suite 205
San Jose 95113 South San Francisco 94080
Ph: (408)286-8318 Ph:(415) 952-5666
FX: 408-286-23')8 FX: 415-589-5953
Senator Richard Rainev-(R-7 Senator Bruce McPherson(R-15)
Capitol State Capitol Room 4090 Capitol State Capitol Room 3076
Office Sacramento, CA 95814 Office Sacramento, CA 95814
Phone: (916) 445-6083 Phone: (916) 445-5843
FX: 916-327-5297 * FX: 916-4458081
District 1948 Mt. Diablo Blvd. District 701 Ocean St.
Offices Walnut Creek 94596 Offices Room 318A
Ph: (510)280-0276 Santa Cruz 95060
Fax (510)280-0299 Phone: 408-425-0401
FX: 408-425-5124
Senator John Burton
Senator Richard Polanco (T-222)
Capitol State Capitol Room 4074
Office Sacramento, CA 95814 Capitol State Capitol Room 2032
Phone: (916) 445-1412 Office . Sacramento, CA 95814
FX: 916-327-7229 Phone: (916)4415-3456
FX: 916-445-0413
District 601 Van Ness Ave.
Offices Suite 2030 District 300 S. Spring St. Suite 8710
San Francisco 94102 Offices Los Angeles 90013
Ph: (415)447-1240 Ph:(213)620-2529
FX: 415-346-4009 FX: 213-617-0077
2
,Senator Adam Schiff -21)
Capitol State Capitol Room 4032
Office Sacramento, CA 95814
Phone: (916) 445-5976
FX: 916-324-7543
District 35 South Raymond Avenue
Offices Suite 205
Pasadena 91105.
Ph: (818)683-0282
FX: 818-793-5803
Senator Diane Watson )-26,)
Capitol State Capitol Room 4040
Office Sacramento, CA 95814
Phone: (916) 445-5215
FX: 916-327-2599
District 4401 Crenshaw Blvd.
Offices Suite 300
Los Angeles 90043
Ph: (213)295-6656
FX: 213-295-0910
i