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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� r ' 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 w{{+ .. . 0 EDiTORIALS1 .1 �j.W..r_ ""?c'�.,.^•.r..�..:�-:."c'�^ .+G{=•w.;.'�ec'�:.""zF'y"'_�`'"""'��:F�'.i",r.3"��.++'T;:.-=+"`rte„'- _ 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