HomeMy WebLinkAboutMINUTES - 04062004 - C57 C-457
TO: BOARD OF SUPERVISORS Contra
FROM: John Sweeten, County Administrator
Costa
DATE: April 6, 2004 � County
SUBJECT: SUPPORT FOR DUI LEGISLATION
SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECION:
SUPPORT State legislation to help reduce DUI rates by expanding sanctions and treatment
and improving accountability for DUI violators:
1. SUPPORT in concept SB1694 (Torlakson, Speier) that would eliminate the
"washout" for multiple offenders, so that all previous DUI violations would remain on
a person's driving record for purposes of sentencing a repeat offender, rather than
the current taw that charges a violator as a repeat offender only if the previous DUI
conviction occurred within the past seven years.
2. SUPPORT SB1695 (Tortakson, Speier) that would require all repeat offenders to be
assessed for drug and alcohol problems.
3. SUPPORT SB1696 (Todakson, Speier)that would require DUI treatment providers to
send the certificate of completion of treatment directly to the DMV.
4. SUPPORT SB1697 (Tortakson, Speier) that would consolidate drivers license
restrictions and revocations for DUI violators at the DMV.
5. SUPPORT in concept SB1698 (Torlakson) that would better define "emergency
response" to a DUI incident for purposes of existing law which allows a local
government to collect fees to reimburse itself for the costs of enforcement.
CONTINUED ON ATTACHMENT: _X YES SIGNATURE:
-- RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
Action of Board can: April 6, 2004 Approved as Rec ornmended L Other
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT � ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE BATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED April 6, 2004
CONTACT: Sara Hoffman(5-1090) JOHN SWEETEN,CLERK OF THE BOARD OF
CAO 9UP RVtSORS D COUNT(A MINISTRATOR
Supervisor Greenberg
Senator Tom Tortakson BY DEPUTY
Robert Kochty,District Attorney
Warren Rupf,Sheriff
Dr.Wendett Brunner,Public Health
Steve Bautista,Probation Officer
State Lobbyists{via CAO)
BACKGROUND:
Repeat DUI offenders who have not responded to existing sanctions and treatment continue
to threaten the lives of other Californians. Contra Costa County's 2004 State Legislative
Platform includes the following position under Law and Justice Systems:
SUPPORT efforts to increase the sanctions andlor treatment requirements for
automobile drivers responsible for traffic accidents who have previous driving under
the influence convictions or multiple suspensions of their licenses.
The above referenced Senate Bills are consistent with the County's adapted policy position
and will help to reduce DUI rates by expanding sanctions and treatment and improving
accountability for DLII violators.
H!§Lou
In November 2003, Jimena Barreto was arrested for killing two children, Troy and Alana
Pack of Danville, with her car. She had been arrested for driving under the influence four
times in the last 13 years and was convicted of drunk and disorderly', conduct the year
before. Her license had been suspended numerous times and her insurance cancelled, yet
she continued to drive.
Many repeat offenders refuse to stop driving even after sanctions by the courts. It is
estimated that 25%of people arrested for driving under the influence of drugs or alcohol are
repeat offenders. In 2002 alone, 756 DUls with priors were filed in the Contra Costa County
Courts. These numbers highlight the need for greater accountability by those individuals
who continue to suffer from alcohol and drug abuse and ultimately threaten the public with
their reckless behavior
On November 4, 2003, Supervisor Millie Greenberg requested that the District Attorney, the
Sheriff-Coroner, the Chief Probation, and the Public Health Director and appropriate staff
form a Task Force to address the issue of sanctions and/or treatmentfor those drivers
convicted of repeated violations of driving under the influence laws.
On February 10, 2004, the DUI Task Force presented their report and the Board directed
the County Administrator to work with Senator Tortakson's Office in developing legislation
that would strengthen penalties for those convicted of driving under the influence of alcohol
or drugs.
Lggislative,Initiative
On April 20, 2004, the state Senate Committee on Public Safety will be hearing five DUI
bills introduced by Senators Torlakson and Speier on this issue. The bills include:
➢ SB1694 (Toriakson, Speier) that would eliminate the "Washout' for multiple
offenders, so that all previous DUI violations would remain on a person's driving
record for purposes of sentencing a repeat offender, rather than the current law that
charges a violator as a repeat offender only if the previous DUI conviction occurred
within the past seven years.
SBI695 (Torlakson, Speier) that would require all repeat offenders to be assessed
for drug and alcohol problems.
➢ SB1696 (Torlakson, Speier) that would require QUI treatment prodders to send the
certificate of completion of treatment directly to the DMV.
➢ SB1697 (Torlakson, Speier) that would consolidate drivers license restrictions and
revocations for DUI violators at the DMV.
A S81698 (Torlakson) that would better define "emergency response" to a DUI incident
for purposes of existing law which allows a local government to collect fees to
reimburse itself for the costs of enforcement.
Senator Torlakson has been a leader in the state legislature in promoting;laws that protect
the public against drivers who are impaired by alcohol or drugs, but feels that more can and
should be done to strengthen the penalties for those convicted of driving under the
influence.
2
The Need for Renewed Commitment to Stop drunk Driving
Drunk driving rates and fatalities have increased for three years in a row, after a decade of
decline due to increased education, treatment and enforcement. A total of 236 more
people died on the road in California in 2001 than did in 1998. Drunk drivers kill someone
every eight hours in California — leaving families devastated and communities threatened.
Statewide nearly 180,000 people were arrested for driving under the influence of drugs or
alcohol in 2001, including 25% who were repeat offenders, highlighting the need to make
accountable those individuals and families who continue to suffer from; alcohol and drug
abuse.
Public Health and Safety Demands Comprehensive Approach
Combined use of fines, jail, assessment, treatment, ignition interlock devices, education,
and drivers license suspensions, makes drivers accountable and allows for progress to
reduce the incidents of impaired driving. The Department of Motor Vehicles concludes in
the 2000 annual DUI statistical report that, "Alcohol treatment, in conjunction with license
restriction, continued to be the most effective post-conviction sanction in reducing
subsequent DUI incidents among DDI offenders."
The State's Little Hoover Commission reported in March 2003 that the benefits of alcohol
and other drug treatment outweigh the costs to taxpayers by a ratio of 7 to 1.
3
SENATE BILL No. 1694
Introduced by Senators Torlakson and Speier
February 20, 2004
An act to amend Sections 23540, 23546, 23550, 23560, 23566,
23622,and 23646 of the Vehicle Code,relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1694, as introduced, Torlason. Driving under the influence:
sanction.
(l) Under existing law, it is unlawful to drive a motor vehicle while
under the influence of alcohol,a drug, or both, or 0.08°to or more,by
weight,of alcohol in one's blood,or while addicted to the use of a drug.
There is another crime of driving under the influence of alcohol,a drug,
or both,or with 0.08%or more,by weight,alcohol in one's blood,and
causing injury to another person. Under existing law,for violations of
each of these offenses,commonly known as driving under the influence
and driving under the influence causing injury, respectively, a court
may impose sanctions, as specified. Existing law imposes increased
sanctions on persons who have previously been convicted of DUI
offenses within 7 years of the commission of the current offense.
This bill would delete the 7-year condition as a condition to imposing
the increased sanctions on repeat offenders.Because this would thereby
increase the level of service on local law enforcement agencies,this bill
would impose a state-mandated local program.
(2) Existing law authorizes a court to order a person convicted of a
DUI offense to attend an alcohol and drug problem assessment
program.
This bill would require a court to order a person who has previously
been convicted of disorderly conduct based on being found in a public
99
SB 1694 —2—
place
-2----
place under the influence of alcohol or drugs, and who is currently
convicted of a DUI offense to attend and complete that program.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact asfollows:
1 SECTION 1. The Legislature finds and declares the
2 following:
3 (a) Driving under the influence of alcohol or drugs, or both,
4 (DUI)continues to be a significant threat to the public health and
5 safety.
6 (b) Despite significant progress and declining rates of DUI in
7 the last two decades,fatalities associated with this conduct have
8 increased for the past several years.
9 (c) Two hundred thirty-sic more people died from DUI conduct
10 in 2001 than did in 1998.
11 (d) Nearly 180,000 people were arrested for DUI offenses in
12 2001, including 2.5 percent of wham were repeat offenders.
13 SEC. 2. Section 23540 of the Vehicle Code is amended to
14 read:
15 23540. If a person is convicted of violation of Section
16 23152 and the offense occurred fallowing a
17 separate violation of Section 23103, as specified in Section
18 23103.5, 23152,or 23153,w that resulted in a conviction,that
19 person shall be punished by imprisonment in the county jail for not
20 less than 90 days nor more than one year and by a fine of not less
21 than three hundred ninety dollars ($390) nor more than one
22 thousand dollars ($1,000). The person's privilege to operate a
23 motor vehicle shall be suspended by the Department of Motor
24 Vehicles pursuant to paragraph(3) of subdivision(a) of Section
25 13352. The court shall require the person to surrender the driver's
26 license to the court in accordance with Section 13550.
49
-3— SB 1694
1 SEC. 3. Section 23546 of the Vehicle Code is amended to
2 read:
3 23546. (a) If my a person is convicted of a violation of
4 Section 23152 and the offense occurred within seven yean oi,
5 following two separate violations of Section 23103,as specified in
6 Section 23103.5, 23152, or 23153, or any combination thereof,
7 whieh that resulted in convictions, that person shall be punished
8 by imprisonment in the county jail for not less than 120 days nor
9 more than one year and by a fine of not less than three hundred
10 ninety dollars($390)nor more than one thousand dollars($1,000).
11 The person's privilege to operate a motor vehicle shall be revoked
12 by the Department of Motor Vehicles as required in paragraph(5)
13 of subdivision (a) of Section 13352. The court shall require the
14 person to surrender his or her driver's license to the court in
15 accordance with Section 13550.
16 (b) Afty A person convicted of a violation of Section 23152
17 punishable under this section shall be designated as a habitual
18 traffic offender for a period of three years, subsequent to the
19 conviction. The person shall be advised of this designation
20 pursuant to subdivision(b)of Section 13350.
21 SEC. 4. Section 23550 of the Vehicle Code is amended to
22 read:
23 23550. (a) If emy a person is convicted of a violation of
24 Section 23152 and the offense occurred %ithin se-vett yeam of
25 following three or more separate violations of Section 23103, as
26 specified in Section 23103.5,or Section 23152 or 23153, or any
27 combination thereof, whieh that resulted in convictions, that
28 person shall be punished by imprisonment in the state prison, or
29 in a county jail for not less than 180 days nor more than one year,
30 and by a fine of not less than three hundred ninety dollars($390)
31 nor more than one thousand dollars ($1;000). The person's
32 privilege to operate a motor vehicle shall be revoked by the
33 Department of Motor Vehicles pursuant to paragraph (7) of
34 subdivision (a) of Section 13352. The court shall require the
35 person to surrender the driver's license to the court in accordance
36 with Section 13550.
37 (b) Afty A person convicted of a violation of Section 23152
38 punishable under this section shall be designated as a habitual
39 traffic offender for a period of three years, subsequent to the
99
SB 1694 —4-
1
--4-
1 conviction. The person shall be advised of this designation
2 pursuant to subdivision(b)of Section 13350.
3 SEC. 5. Section. 23560 of the Vehicle Cade is amended to
4 read:
5 23560. If atty a person is convicted of a violation of Section
6 23153 and the offense occurred wAitt sevm yeaftwoffollowing a
7 separate violation of Section 23103, as specified in Section
8 23103.5, 2315:2,or 23153 whie that resulted in a conviction,that
9 person shall be punished by imprisonment in the state prison,or
10 in a county jail for not less than 120 days nor more than one year,
11 and by a fine of not less than three hundred ninety dollars($390)
12 nor more than five thousand dollars ($5,000). The person's
13 privilege to operate a motor vehicle shall be revolted by the
14 Department of Motor Vehicles pursuant to paragraph (4) of
15 subdivision (a) of Section.. 13352. The court shall require the
16 person to surrender the driver's license to the court in accordance
17 with Section 13550.
18 SEC. 6. Section 23566 of the Vehicle Code is amended to
19 read:
20 23566. (a) If$my a person is convicted of a violation of
21 Section. 23153 and the offense occurred
22 fallowing two or more separate violations of Section 23103, as
23 specified in Section 23103.5,or Section 23152 or 23153, or any
24 combination of these violations, whieh that resulted in
25 convictions,that person shall be punished by imprisonment in the
26 state prison for a term of two,three,or four years and by a fine of
27 not less than one thousand fifteen dollars($1,015)nor more than
28 five thousand dollars($5,000). The person's privilege to operate
29 a motor vehicle shall be revoked by the Department of Motor
30 Vehicles pursuant to paragraph(6)of subdivision (a) of Section
31 13352.The court shall require the person to surrender the driver's
32 license to the court in accordance with Section 13550.
33 (b) Ifimy a person is convicted of violation of Section.23153,
34 and the act or neglect proximately causes great bodily injury, as
35 defined in Section 12022.7 of the Penal Code,to any person other
36 than the driver, and the offense occurred widtill seven yes" ef
37 fallowing two or more separate violations of Section 23103, as
38 specified in Section 23103.5,or Section 23152 or 23153, or any
39 combination of these violations, whieh that resulted in
40 convictions,that person shall be punished by imprisonment in the
99
-- -- SS 1694
1 state prison for a terms of two,three,or four years and by a fire of
2 not less than one thousand fifteen dollars($1,015) nor more than
3 five thousand dollars($5,006).The person's privilege to operate
4 a motor vehicle shall be revoked by the Department of Motor
5 Vehicles pursuant to paragraph (5) of subdivision (a) of Section
5 13352. The court shall require the person to surrender the driver's
7 license to the court in accordance with Section 13550.
8 (c) if efty a person is convicted under subdivision(b),and the
9 offense for which the person is convicted occurred wi n-even
10 yea"-of following four or more separate violations of Section
11 23103,as specked in Section 23163.5,or Section 23152 or 23153,
12 or any combination of these violations, that resulted in
13 convictions, that person shall,in addition and consecutive to the
14 sentences unposed under subdivision (b), be punished by an
15 additional term of imprisonment in the state prison for three years.
16 The enhancement allegation provided in this subdivision shall
17 be pleaded and proved as provided by law.
18 (d) #.rte A person convicted of Section 23153 punishable under
19 this section shall be designated as a habitual traffic offender for a
20 period of three years, subsequent to the conviction. The person
21 shall be advised of this designation pursuant to subdivision(b)of
22 Section 13350.
23 (e) Any A person confined in state prison under this section
24 shall be ordered by the court to participate in an alcohol or drug
25 program,or both,that is available at the prison during the person's
26 confinement. Completion of an alcohol or drug program under this
27 section does not meet the program completion requirement of
28 paragraph(6)of subdivision(a)of Section 13352,unless the drug
29 or alcohol program is licensed under Section 11836 of the Health
30 and Safety Code,or is a program specified in Section 8001 of the
31 Penal Code.
32 SEC", 7. Section 23522 of the Vehicle Code is amended to
33 read:
34 23622. (a) In any ease charging a violation of Section 23152
35 or 23153 and the offense occurred within 9eyea yemfoliawing
36 one or more separate violations of Section 23103,as specified in
37 Section 23103.5, rielt that occurred on or after January 1, 1982,
38 23152,or 23153,or any combination thereof,whieh that resulted
39 in convictions,the court shall not strike any separate conviction of
40 those offenses for purposes of sentencing in order to avoid
94
SB 1,694 —6-
1
6--
1 imposing, as part of the sentence or term of probation, the
2 minimum time of imprisonment and the minimum fine, as
3 provided in this chapter,or for purposes of avoiding revocation,
4 suspension, or restriction of the privilege to operate a motor
5 vehicle,as provided in this code.
6 (b) In any case charging a violation of Section 23152 or 23153,
7 the court shall obtain a copy of the driving record of the person
8 charged from the Department of Motor Vehicles and may obtain
9 any records from the Department of Justice or any other source to
102 determine if one or more separate violations of Section 23103,as
11 specified in Section 23103.5, wh eb that occurred on or after
12 January 1, 1982, 23152, or 23153, or any combination thereof,
13 whieh that resulted in convictions, have occurred within
14 ye&m e€prior to the charged offense. The court may obtain, and
15 accept as rebuttable evidence,a printout from.the Department of
16 Motor 'Vehicles of the driving record of the person charged,
17 maintained by electronic and storage media pursuant to Section
18 18021 for the purpose of proving those separate violations.
19 (c) If any separate convictions of violations of Section 23152
20 or 23153 are reported to have occurred within 10 years of the
21 charged offense,the court shall notify each court where any of the
22 separate convictions occurred:for the purpose of enforcing terms
23 and conditions of probation pursuant to Section 23602.
24 SEC. 8. Section 23646 of the Vehicle Code is amended to
25 read:
26 23646. (a) Each county alcohol program administrator or the
27 administrator's designee shall develop, implement, operate, and
28 administer an alcohol and drug problem assessment program
29 pursuant to this article for each person described in subdivision
301 (b). The alcohol and drug problem assessment program may
31 include a referral and client tracking component.
32 (b) (1) The court shall order a person to participate in an
33 alcohol and drug problem assessment program pursuant to this
34 section and Sections 23647 to 23649, inclusive, and the related
35 regulations of the State Department of Alcohol and Drug
36 Programs, if the person was convicted of a violation of Section
37 23152 or 23153 that occurred ,following a
38 separate violation of section 23152 or 23153 ad that resulted in
39 a conviction,the person was required to attend a licensed program
402 pursuant to a court order,and the person has once failed to comply
1
-7— SB 1694
1 with the rules and policies of the licensed program, other than a
2 rule relating to the payment of fees,in accordance with the rules
3 and regulations of the state department.
4 (2) A court may order mW a person convicted of a violation of
5 Section 23152 or 23153 to attend an alcohol and drug problem
6 assessment program pursuant to this article.
7 (3) The court shall order a person convicted of a violation of
8 Section 23152 or.23153 who has previously been convicted of a
9 violation of subdivision (1) of Section 647 of'the Penal Code to
10 attend and complete an alcohol and drug problem assessment
11 program under this article.
12 (c) The State Department of Alcohol and Drug Programs shall
13 establish minintum specifications for alcohol and other drug
14 problem assessments and reports not later than September 34,
15 1999.
16 SBC. 9. No reimbursement is required by this act pursuant to
17 Section 6 of Article XIII B of the California Constitution because
18 the only costs that may be incurred by a local agency or school
19 district will be incurred because this act creates a new crime or
20 infraction,eliminates a crime or infraction,or changes the penalty
21 for a crime or infraction,within the meaning of Section 17556 of
22 the Government Code,or changes the definition of a crime within
23 the meaning of Section 6 of Article XIII B of the California
24 Constitution.
O
44
SENATE BILL No. 1695
Introduced by Senators Torlakson and Speier
(Coauthor: Assembly Member Levine)
February 20, 2004
An act to amend Section 23646 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGHT
SB 1695, as introduced, Torlakson. Alcohol and drug problem
assessment program.
Existing law requires a court to order a person to participate in an
alcohol and drug problem assessment program, if the person is
convicted of a violation of driving-under-the-influence offense that
occurred within 7 years of a separate conviction of a
driving-under-the-influence offense in which the person was required
to attend a licensed program pursuant to a court order and the person
failed to comply with the rules and policies of the licensed program,
other than a rule relating to the payment of fees.
This bill would impose the above required court order based solely
on the person being convicted of a violation of
driving-under-the-influence offense that occurred within 7 years of a
separate violation of driving-under-the-influence offense that resulted
in a conviction, and would remove the requirement that the person had
previously been court-ordered to attend a licensed program and had
failed to comply with the program's rules and policies.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
99
SB 1695 —2 —
The
-2m---The people of the State of California do enact asfollows:
1 SECTION 1. Section 23646 of the Vehicle Code is amended
2 to read:
3 23646. (a) Each county alcohol program administrator or the
4 administrator's designee shall develop, implement, operate, and
5 administer an alcohol and drug problem assessment program
6 pursuant to this article for each person described in subdivision
7 (b). The alcohol and drug problem assessment program may
8 include a referral and client tracking component.
9 (b) (1) The court shall order a person to participate in an
10 alcohol and drug problem assessment program pursuant to this
11 section and Sections 23647 to 23649, inclusive, and the related
12 regulations of the State Department of Alcohol and Drug
13 Programs, if the person was convicted of a violation of Section
14 23152 or 23153 that occurred within seven years of a separate
15 violation of Section 23152 or 23153 and resulted in a conviction;
16
17 a eouf.t.ordet pe ott has ottee failed to eamply with the
18 ful .: o e r the t .� 41 i1 .1-.
Nli �J VL1VlVV VS Lliir �,,
19 , '
20
21 (2) A court may order any person convicted of a violation of
22 Section 23152 or 23153 to attend an alcohol and drug problem
23 assessment program pursuant to this article.
24 (c) The State Department of Alcohol and Drug Programs shall
25 establish minimum specifications for alcohol and other drug
26 problem assessments and reports-_ t-- thaft September 30,
27 4999.
O
99
SENATE BILL No. 1696
Introduced by Senators Torlakson and Speier
(Coauthor: Assembly Member Levine)
February 20, 2004
An act to amend Sections 13352, 13352.4, 13352.5, 13352.6,23538,
and 23542 of the Vehicle Code, relating to vehicles.
LEGISLAJIVE COUNSEUS DIGEST
SB 1696, as introduced, Torlakson. Vehicles: driving under the
influence: license restriction.
Existing law requires the Department of Motor Vehicles to
immediately suspend, revoke, or record the court-administered
suspension or revocation of, the privilege of any person to operate a
motor vehicle upon receipt of an abstract of the record of any court
showing that the person has been convicted of specified provisions
prohibiting driving under the influence (DUI) prohibits the
reinstatement of that privilege until the person gives proof of financial
responsibility and proof satisfactory to the department of successful
completion of a driving-under-the-influence program, as specified.
This bill would prohibit the reinstatement of DUI's driving privilege
until the proof of successful completion of the
driving-under-the-influence program has been received in the
department's headquarters.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 13352 of the Vehicle Code is amended
2 to read:
99
SB 1696 —2-
1
2-1 13352. (a) The department shall immediately suspend or
2 revoke, or record the court-administered suspension or revocation
3 of, the privilege of any person to operate a motor vehicle upon
4 receipt of an abstract of the record of any court showing that the
5 person has been convicted of violation of Section 23152 or 23153
6 or subdivision(a)of Section 23109, or upon receipt of a report of
7 a judge of the juvenile court,a juvenile hearing officer,or a referee
8 of a juvenile court showing that the person has been found to have
9 committed a violation of Section.23152 or 23153 or subdivision
10 (a)of Section 23109. If any offense specified in this section.occurs
I I in a vehicle defined in Section 15210,the suspension or revocation
12 specified below shall apply to the noncommercial driving
13 privilege. The commercial driving privilege shall be disqualified
14 as specified in Sections 15300 to 15302, inclusive. For the
15 purposes of this section, suspension or revocation shall be as
16 follows.
17 (1) Upon a conviction or finding of a violation of Section
18 23152 punishable under Section 23536, the privilege shall be
19 suspended for a period of six months. The privilege may not be
20 reinstated until the person gives proof of financial responsibility
21 and giveg until proof satisfactory to the department of successful
22 completion of a driving-under-the-influence program licensed
23 pursuant to Section 11836 of the Health and Safety Code described
24 in subdivision (b) of Section 23538 has been received in the
25 department's headquarters.
26 Instead of suspending the person's driving privilege, the
27 department shall issue a restricted license upon receipt of an
28 abstract of record from the court certifying that the court has
29 granted probation to the person based on the conditions specified
30 in paragraph (2) of subdivision (a) of, and subdivision (b) of,
31 Section.23538.
32 (2) Upon a conviction or finding of a violation of Section
33 23153 punishable under Section 23554, the privilege shall be
34 suspended for a period of one year. The privilege may not be
35 reinstated until the person gives proof of financial responsibility
36 and giveig until proof satisfactory to the department of successful
37 completion of a driving-under-the-.influence program licensed
38 pursuant to Section 11836 of the Health and Safety Code as
39 described in Section 23556 has been received in the department's
40 headquarters,
99
-3 — SB 1.696
1 (3) Except as provided in Section 13352.5,upon a conviction
2 or finding of a violation of Section 23152 punishable under
3 Section 23544,the privilege shall be suspended for two years.The
4 privilege may not be reinstated until the person gives proof of
5 financial responsibility and gives until proof satisfactory to the
6 department of successful completion of a
7 driving-under-the-influence program licensed pursuant to Section
8 11836 of the Health and Safety Code as described in Section 23542
9 has been received in the department's headquarters. For the
14 purposes of this paragraph, enrollment, participation, and
11 completion of an approved program shall be subsequent to the date
12 of the current violation. No credit shall be given to any program
13 activities completed prior to the date of the current violation. The
14 department shall advise the person that after completion of 12
15 months of the suspension period, the person may apply to the
16 department for a restricted driver's license, subject to the
17 following conditions:
18 (A) , subsequem
19 Subsequent to the current underlying conviction, proof
20 satisfactory to the department has been received in the
21 department's headquarters of either of the following:
22 (i) Preef--ef—e r l e —Enrollment in an 18-month
23 driving-under-the-influence program licensed pursuant to Section
24 11836 of the Health and Safety Code.
25 (ii) Proof of ettrrolit"e t Enrollment in a 30-month
26 driving-under-the-influence program licensed pursuant to Section
27 11836 of the Health and Safety Code, if available in the county of
28 the person's residence or employment.
29 (B) The person agrees, as a condition of the restriction, to
30 continue satisfactory participation in the program described in
31 subparagraph (A).
32 (C) The person submits the "Verification of Installation" form
33 described in paragraph (2)of subdivision (e) of Section 13386.
34 (D) The person agrees to maintain the ignition interlock device
35 as required under subdivision(g) of Section 23575.
36 (11) The person provides proof of financial responsibility, as
37 defined in Section 16430.
38 (F) The person pays all administrative fees or reissue fees and
39 any restriction fee required by the department.
99
SB 1696 —4-
1
4-
1 (G) The restriction shall remain in effect for the period required
2 in subdivision (f)of Section 23575.
3 (4) Except as provided in this paragraph,upon a conviction or
4 finding of a violation of Section 23153 punishable under Section
5 23560, the privilege shall be revoked for a period of three years.
b The privilege may not be reinstated until the person gives proof of
7 financial responsibility, and the pefsen--gives until proof
8 satisfactory to the department of successful completion of a
9 driving-under-the-influence program licensed pursuant to Section
10 11836 of the Health and Safety Code as described in Section 23562
1.1 has been received in the departments headquarters. For the
12 purposes of this paragraph, enrollment, participation, and
13 completion of an approved program shall be subsequent to the date
14 of the current violation. No credit shall be given to any program
15 activities completed prior to the date of the current violation. The
16 department shall advise the person that after the completion of 18
17 months of the revocation period, the person may apply to the
18 department for a restricted driver's license, subject to the
19 following conditions:
20 (A) The person has satisfactorily completed, subsequent to the
21 current underlying conviction, either of the following:
22 (i) An 18-month driving-udder-the-influence program
23 licensed pursuant to Section 11836 of the Health and Safety Code.
24 (ii) The initial 18 months of a 30-month
25 driving-under-the-influence program licensed pursuant to Section
26 11836 of the Health and Safety Code, if available in the county of
27 the person's residence or employment, and the person agrees, as
28 a condition of the restriction,to continue satisfactory participation
29 in that 30-month program.
30 (B) The person submits the "Verification of Installation" form
31 described in paragraph (2)of subdivision(e)of Section 13386.
32 (C) The person:agrees to maintain the ignition interlock device
33 as required under subdivision(g) of Section 23575.
34 (D) The person provides proof of financial responsibility, as
35 defined in Section 16430.
36 (E) The person pays all applicable reinstatement or reissue fees
37 and any restriction fee required by the department.
38 (F) The restriction shall remain in effect for the period required
39 in subdivision(f) of Section 23575.
99
I � '
-5— SB 1696
1 (5) Except as provided in this paragraph,upon a conviction or
2 finding of'a violation of Section 23152 punishable under Section
3 23546,the privilege shall be revoked for a period of three years.
4 The privilege shall not be reinstated until the person files proof of
5 financial responsibility and gig until proof satisfactory to the
6 department of successful completion of one of the following
7 programs: an 18-month driving-under-the-influence program
8 licensed pursuant to Section 11836 of the health and Safety Code
9 or, if available in the county of the person's residence or
10 employment, a 30-month driving-under-the-influence program
I 1 licensed pursuant to Section 11836 of the Health and Safety Code,
12 or a program specified in Section 8001 of the Penal Code has been
13 received in the department's headquarters. For the purposes of this
14 paragraph, enrollment, participation, and completion of an
15 approved program shall be subsequent to the date of the current
16 violation. No credit shall be given to any program activities
17 completed prior to the date of the current violation. The
18 department shall advise the person that after completion of 18
1.9 months of the revocation period, the person may apply to the
20 department for a restricted driver's license, subject to the
21 following conditions:
22 (A) The person has satisfactorily completed, subsequent to the
23 current underlying conviction, either of the following:
24 (i) An 18-month driving-under-the-influence program
25 licensed pursuant to Section 11836 of the Health and Safety Code.
26 (ii) The initial 18 months of a 30-month
27 driving-under-the-influence program licensed pursuant to Section
28 11836 of the Health and Safety Code,if available in the county of
29 the person's residence or employment, and the person agrees, as
30 a condition of the restriction,to continue satisfactory participation
31 in the 30-month driving-under-the-influence program.
32 (B) The person submits the "Verification of Installation" form
33 described in paragraph(2) of subdivision(e) of Section 13386.
34 (C) The person agrees to maintain the ignition interlock device
35 as required under subdivision (g)of Section 23575.
36 (D) The person provides proof of financial responsibility, as
37 defined in Section 16430.
38 (E) Any individual convicted of violation of Section 23152
39 punishable under Section 23546 may also, at any time after
40 sentencing, petition the court for referral to an 18-month
99
SB 1696 —6-
1 driving-under-the-influence program licensed pursuant to Section
2 11836 of the Health and Safety Code,or, if available in the county
3 of the person's residence or employment, a 30-month
4 driving-under-the-influence program licensed pursuant to Section
5 11836 of the Health and Safety Code. Unless good cause is shown.,
6 the court shall order the referral.
7 (F) The person pays all applicable reinstatement or reissue fees
8 and any restriction fee required by the department.
9 (G) The restriction shall remain in effect for the period required
10 in subdivision. (f)of Section 23575.
11 (6) Except as provided in this paragraph,upon a conviction or
12 finding of a violation of Section 23153 punishable under Section
13 23566,the privilege shall be revoked for a period of five years.The
14 privilege may not be reinstated until the person gives proof of
15 financial responsibility and until proof satisfactory to the
16 department of successful completion of one of the following
17 programs: an 18-month driving-under-the-influence program
18 licensed pursuant to Section 11836 of the Health and Safety Code,
19 or, if available in the county of the person's residence or
20 employment, a 30-month driving-under-the-influence program
21 licensed pursuant to Section 11836 of the Health and Safety Code,
22 or a program specified in Section 8001 of the Penal Code has been
23 received in the department�headquarters.For the purposes of this
24 paragraph, enrollment, participation, and completion of an
25 approved program shall be subsequent to the date of the current
26 violation. No credit shall be given to any program activities
27 completed prior to the date of the current violation. The
28 department shall advise the person that after the completion of 30
29 months of the revocation period, the person may apply to the
30 department for a restricted driver's license, subject to the
31 following conditions:
32 (A) The person has satisfactorily completed, subsequent to the
33 current underlying conviction, either of the following:
34 (i) The initial 18 months of a 30-month
35 driving-under-the-influence program licensed pursuant to Section
36 11836 of the Health and Safety Code,.if available in the county of
37 the person's residence or employment, and the person agrees, as
38 a condition of the restriction, to continue satisfactory participation
39 in the 30-month driving-under-the-influence program.
99
i � '
-7— SB 1696
1 (ii) An 18-month driving-under-the-influence program
2 licensed pursuant to Section 11836 of the Health and Safety Code,
3 if a 30-month program is unavailable in the person's county of
4 residence or employment.
5 (B) The person submits the `.`Verification of Installation" form
6 described in paragraph(2) of subdivision(e) of Section 13386.
7 (C) The person agrees to maintain the ignition interlock device
8 as required under subdivision(g)of Section 23575.
9 (U) The person provides proof of financial responsibility, as
10 defined in Section 16430.
1.1 (E) Any individual convicted of a violation of Section 23153
12 punishable under Section 23566 may also, at any time after
13 sentencing, petition the court for referral to an 18-month
14 driving-under-the-influence program or, if available in the county
15 of the person's residence or employment, a 30-month program
16 licensed pursuant to Section 11836 of the Health and Safety Code.
17 Unless good cause is shown, the court shall order the referral.
18 (F) The person pays all applicable reinstatement or reissue fees
19 and any restriction fee required by the department.
20 (G) The restriction shall remain in effect for the period required
21 in subdivision(f) of Section 23575.
22 (7) Except as provided in this paragraph,upon a conviction or
23 finding of a violation of Section 23152 punishable under Section
24 23550 or 23550.5, or Section 23153 punishable under Section
25 23550.5 the privilege shall be revoked for a period of four years.
26 The privilege may not be reinstated until the person gives proof of
27 financial responsibility and until proof satisfactory to the
28 department of successful completion of one of the following
29 programs: an 18-month driving-under-the-influence program
30 licensed pursuant to Section 11836 of the Health and Safety Code,
31 or, if available in the county of the person's residence or
32 employment, a 30-month driving-under-the-influence program
33 licensed pursuant to Section 1.1836 of the Health and Safety Code,
34 or a program specified in Section 8001 of the Penal Code has been
35 received in the departments headquarters. For the purposes of this
36 paragraph, enrollment, participation, and completion of an
37 approved program shall be subsequent to the date of the current
38 violation. No credit shall be given to any program activities
39 completed prior to the date of the current violation. The
40 department shall advise the person that after the completion of 24
SB 1696 —8-
1
8-
1 months of the revocation period, the person may apply to the
2 department for a restricted driver's License, subject to the
3 following conditions:
4 (A) The person has satisfactorily completed, subsequent to the
5 current underlying conviction, either of the following.
6 (i) An 1.8-month driving-under-the-influence program
7 licensed pursuant to Section 11836 of the Health and Safety Code.
8 (ii) The initial 18 months of a 34-month
9 driving-under-the-influence program licensed pursuant to Section
10 11836 of the Health and Safety Code, if available in the county of
11 the person's residence or employment, and the person agrees, as
12 a condition of the restriction,to continue satisfactory participation
13 in the 30-month driving-under-the-influence program.
14 (B) The person submits the "Verification of Installation" form
15 described in paragraph(2)of subdivision(e)of Section 13386.
16 (C) The person agrees to maintain the ignition interlock device
17 as required under subdivision (g)of Section 23575.
18 (D) The person provides proof of financial responsibility, as
19 defined in Section 16430.
20 (E) Any individual convicted of a violation of Section 23152
21 punishable under Section 23550 may also, at any time after
22 sentencing, petition the court for referral to an 18-month
23 driving-under-the-influence program or, if available in the county
24 of the person's residence or employment, a 30-month
25 driving-under-the-influence program licensed pursuant to Section
26 11836 of the Health and Safety Code. Unless good cause is shown,
27 the court shall order the referral.
28 (F) The person pays all applicable reinstatement or reissue fees
29 and any restriction fee required by the department.
30 (G) The restriction shall remain in effect for the period required
31 in subdivision(f)of Section 23575.
32 (8) Upon a conviction or finding of a violation of subdivision
33 (a) of Section 23109 punishable under subdivision (e) of that
34 section,the privilege shall he suspended for a period of 90 days to
35 six months, if and as ordered by the court.
36 (9) Upon a conviction or finding of a violation of subdivision
37 (a) of Section 23.109 punishable under subdivision (f) of that
38 section,the privilege shall be suspended for a period of six months,
39 if the court orders the department to suspend the privilege. The
99
-9— SB 1696
1 privilege .may not be reinstated until the person gives proof of
2 financial responsibility.
3 (b) For the purpose of paragraphs (2) to (9), inclusive, of
4 subdivision(a),thefindingof the juvenile court judge,the juvenile
5 hearing officer, or the referee of a juvenile court of a commission
6 of a violation of Section 23152 or 23153 or subdivision (a) of
7 Section 23109, as specified in subdivision(a)of this section, is a
8 conviction.
9 (c) Each judge of a juvenile court,juvenile hearing officer, or
10 referee of a juvenile court shall immediately report the findings
11 specified in subdivision.(a)to the department.
12 (d) A conviction of an offense in any state, territory, or
13 possession of the United States, the District of Columbia, the
14 Commonwealth of Puerto Rico, or Canada that, if committed in
15 this state, would be a violation of Section 23152, is a conviction
16 of Section 23152 for purposes of this section,and a conviction of
17 an offense that, if committed in this state,would be a violation of
18 Section 23153, is a conviction of Section 23153 for purposes of
19 this section. The department shall suspend or revoke the privilege
20 to operate a motor vehicle pursuant to this section upon receiving
21 notice of that conviction.
22 (e) For the purposes of the restriction conditions specified in
23 paragraphs(3)to(7),inclusive,of subdivision(a),the department
24 shall terminate the restriction imposed pursuant to this section and
25 shall suspend or revoke the person's driving privilege upon receipt
26 of notification from the program that the person has failed to
27 comply with the program requirements. The person's driving
28 privilege shall remain suspended or revoked for the remaining
29 period of the originating suspension or revocation and until all
30 reinstatement requirements described in this section are met.
31 (f) For purposes of this section,completion of a program is the
32 following:
33 (1) Satisfactory completion of all program requirements
34 approved pursuant to program licensure, as evidenced by a
35 certificate of completion issued, under penalty of perjury, by the
36 licensed program.
37 (2) Certification,under penalty of perjury,by the director of a
38 program specified in Section 8001 of the Penal Code, that the.
39 person has completed a program specified in Section 8001 of the
40 Penal Code.
99
SB 1696 — 10—
I SEC. 2. Section 13352.4 of the Vehicle Code is amended to
2 read:
3 13352.4. (a) The department shall require a person upon
4 whom the court has imposed the condition of probation required
5 by subdivision(b)of Section 23538 to submit ensure that proof of
6 the satisfactory completion of a driving-under-the-influence
7 program licensed pursuant to Section 11836 of the Health and
8 Safety Code or of a program defined in Section 8001 of the Penal
9 Code is received in the department's headquarters,within a time
10 period set by the department, beginning from the date of a
11 conviction or a finding by a court of a violation of Section 23152.
12 (b) The department shall suspend the privilege to drive of any
13 person who is not in compliance with subdivision(a).
14 (c) The department may suspend the privilege to drive of any
15 person for failure to file proof of financial responsibility when the
16 person has been ordered by the court to do so.The suspension shall
17 remain in effect until adequate proof of financial responsibility is
18 filed with the department by the person.
19 (d) The department shall not restore the privilege to operate a
20 motor vehicle after a suspension pursuant to subdivision(b)until
21 the department receives proof of the completion of a program
22 pursuant to subdivision(a)that the department finds satisfactory.
23 SEC. 3. Section 13352.5 of the Vehicle Code is amended to
24 read:
25 13352.5. (a) The department shall issue a restricted driver's
26 license to a person granted probation under the conditions
27 described in subdivision (b) of Section 23542, or to a person
28 described in subdivision (h), instead of suspending that person's
29 license, if the pe saf,ff w«v all of the following requirements have
30 been met:
31 (1) Submits-per Proof satisfactory to the department of
32 enrollment in, or completion of, a driving-under-the-influence
33 program licensed pursuant to Section 11.836 of the Health and
34 Safety Code, as described in paragraph (4) of subdivision (b) of
35 Section 23542 has been received in the department's
36 headquarters.
37 (2) g The person submits proof of financial
38 responsibility, as described in Section 16430.
39 (3) lis–The parson pays all applicable reinstatement or
40 reissue fees and any restriction fee required by the department.
99
-11 — SB 1696
1 (b) The restriction of the driving privilege shall became
2 effective when the department receives all of the documents and
3 fees required under subdivision(a) and shall remain:in effect for
4 the duration of the treatment program described in paragraph(4)
5 of subdivision(b)of Section 23542.
6 (c) The restriction of the driving privilege shall be limited to the
7 Fours necessary for driving to and from the place of employment,
8 driving during the course of employment,and driving to and from
9 activities required in the treatment program.
10 (d) Whenever the driving privilege is restricted under this
I1 section, proof of financial responsibility, as defined in Section
12 16430, shall be maintained for three years. If the person does not
13 maintain that proof of financial responsibility at any time during
14 the restriction,the driving privilege shall be suspended until proof
15 pursuant to Section 16454 is received by the department.
16 (e) The restriction imposed under this section may be removed
17 when the per-son per—sonpresents evidence satisfactory to the department
18 that the person has completed a driving-under-the-influence
19 program licensed pursuant to Section 11836 of the Health and
20 Safety Code has been received in the department's headquarters.
21 For the purposes of this section, enrollment, participation, and
22 completion of an approved program shall be subsequent to the date
23 of the current violation. No credit may be given to any program
24 activities completed prior to the date of the current violation.
25 (f) The department shall immediately terminate the restriction
26 imposed pursuant to this section and shall suspend the privilege to
27 drive under paragraph(3)of subdivision(4)of Section 13352 upon
28 receipt of notification from the treatment program that the person
29 has failed to comply with the program requirements.
30 (g) Any person restricted pursuant to this section may apply to
31 the department for a restricted driver's license, subject to the
32 conditions specified in paragraph(3)of subdivision(a)of Section
33 13352. Whenever proof of financial responsibility has already
34 been provided and a restriction fee has been paid in compliance
35 with restrictions described in this section, and the offender
36 subsequently receives an ignition interlock device restriction
37 described in paragraph(3)of subdivision(a)of Section 13352,the
38 proof of financial responsibility period shall not be extended
39 beyond the previously established term and no additional
40 restriction fee shall be required.
99
SB 1696 — 12-
1 (h) This section applies to a person who meets all of the
2 following conditions:
3 (l) Has been convicted of a violation of Section 23152 that
4 occurred on or before July 1, 1999,and is punishable under Section
5 23540, or former Section 23165.
6 (2) Was granted probation for the conviction subject to
7 conditions imposed under subdivision (b) of Section 23542, or
8 under subdivision(b)of former Section 23166.
9 (3) Is no longer subject to the probation described in paragraph
10 (2).
11 (4) Has not completed the licensed
12 driving-under-the-influence program under paragraph (3) of
13 subdivision(a)of Section 13352 for reinstatement of the driving
14 privilege.
15 (5) Has no violations in his or her driving record that would
16 preclude issuance of a restricted driver's license.
17 SEC. 4. Section 13352.6 of the Vehicle Code is amended to
18 read:
19 13352.6. (a) The department shall immediately suspend the
20 driving privilege of any person who is 18 years of age or older and
21 is convicted of a violation of Section 23140,upon receipt of a duly
22 certified abstract of the record of any court showing that
23 conviction. The privilege may not be reinstated until the person
24 provides the department with proof, safisf�etery to the-,
25 deport m, of financial responsibility and until proof,saris_factory
26 to the department, of successful completion of a
27 driving-under-the-influence program licensed under Section
28 11836 of the Health and Safety Code has been received in the
29 departments headquarters. That attendance shall be as follows:
30 (1) If, within seven years of the current violation of Section
31 23140, the person has not been convicted of a separate violation
32 of Section 23140, 23152, or 23153, or of Section 23143, with a
33 plea of guilty under Section 23103.5, or of Section 655 of the
34 Harbors and Navigation Code,or of Section 191.5 of,or paragraph
35 (3)of subdivision.(c)of Section 192 of,the Penal Code,the person
36 shall complete, at a minimum, the education component of that
37 Licensed driving-under-the-influence program.
38 (2) If the person does not meet the requirements of paragraph
39 (1), the person shall complete, at a minimum, the program
99
1
- 13— SB 1696
1 described in paragraph(1)of subdivision(c)of Section 11837 of
2 the Health and Safety Code.
3 (b) For the purposes of this section, enrollment, participation,
4 and completion of the program shall be subsequent to the date of
5 the current violation. No credit for enrollment, participation, or
6 completion may be given for any program activities completed
7 prior to the date of the current violation.
8 SEC. 5. Section 23538 of the Vehicle Code is amended to
9 read:
10 23538. (a) Except as provided in subdivision(d), if the court
11 grants probation to any person punished under Section 23536,in
12 addition to the provisions of Section 23600 and any other terms
13 and conditions imposed by the court, the court shall impose as a
14 condition of probation that the person be subject to one of the
15 following:
16 (1) Be confined in the county jail for at least 48 hours but not
17 more than six months, and pay a fine of at least three hundred
18 ninety dollars ($390), but not more than one thousand dollars
19 ($1,000). Except as provided in paragraph (2), the person's
20 privilege to operate a motor vehicle shall be suspended by the
21 Department of Motor Vehicles pursuant to paragraph (1) of
22 subdivision (a) of Section 13352. The court shall require the
23 person to surrender the driver's license to the court in accordance
24 with Section 13550.
25 (2) Pay a fine of at least three hundred ninety dollars($390)but
26 not more than one thousand dollars ($1,000), and, if the person
27 gives proof of financial responsibility, as defined in Section
28 16430, to the Department of Motor Vehicles,have the privilege to
29 operate a motor vehicle restricted for 90 days to necessary travel
30 to and from that person's place of employment and to and from
31 participation in a program described in subdivision(b). if driving
32 a motor vehicle is necessary to perform the duties of the person's
33 employment,the restriction also shall allow the person to drive to
34 locations within the person's scope of employment. Whenever the
35 driving privilege is restricted pursuant to this paragraph, the
36 person shall maintain proof of financial responsibility for three
37 years.
38 (3) 1f the court elects to order a 90-day restriction as provided
39 for in paragraph(2),the court shall order and advise the person of
40 the following matters:
SB 1696 —14-
1
14-1 (A) If the person's privilege to operate a motor vehicle is
2 suspended under Section 13353.2, the court-ordered restriction
3 does not allow the person to operate a motor vehicle unless the
4 suspension under Section 13353.2 has either been served to
5 completion or set aside,and his or her license has been reinstated.
6 The restriction of the driver's license described in paragraph (2)
7 shall commence upon the reinstatement of the privilege to operate
8 a motor vehicle.
9 (B) If a suspension was not unposed pursuant to Section
10 13353.2, the person shall be advised by the court that the person's
11 driving_privilege may be suspended by the department pursuant to
12 subdivision (c) of Section 13352.4 until proof of financial
13 responsibility is provided.
14 (b) In any county where the board of supervisors has approved,
15 and the State Department of Alcohol and Drug Programs has
16 licensed, a program or programs described in Section 11837.3 of
17 the Health and Safety Code, the court shall also impose as a
18 condition of probation that the driver shall enroll and participate
19 in, and successfully complete a driving-under-the-influence
20 program, licensed pursuant to Section 11836 of the Health and
21 Safety Code, in the driver's county of residence or employment,
22 as designated by the court.
23 (1) The court shall refer a first offender whose blood-alcohol
24 concentration was less than 0.20percent, by weight,to participate
25 for at least three months or longer, as ordered by the court, in a
26 licensed program that consists of at least 30 hours of program
27 activities, including those education, group counseling, and
28 individual interview sessions described in Chapter 9(commencing
29 with Section 11836)of Part 2 of Division 10.5 of the Health and
30 Safety Code.
31 (2) The court shall refer a first offender whose blood-alcohol
32 concentration was 0.20 percent or more,by weight,or who refused
33 to tape a chemical test, to participate for at least six months or
34 longer,as ordered by the court, in a licensed program that consists
35 of at least 45 hours of program activities, including those
36 education, group counseling, and individual interview sessions
37 described in Chapter 9(commencing with:Section It 836) of Part
38 2 of Division 10.5 of the Health and Safety Code.
39 (3) The court shall advise the person at the time of sentencing
40 that the driving privilege shall not be restored until the-per-sen
99
- 15— SB 1696
1 premed proof satisfactory to the Department of Motor Vehicles
2 of successful completion of a driving-under-the-influence
3 program licensed pursuant to Section 11836 of the Health and
4 Safety Code has been received in the department's headquarters.
5 (c) (1) The court shall revoke the person's probation pursuant
6 to Section 23602,except for gored cause shown, for the failure to
7 enroll in, participate in, or complete a program specified in
8 subdivision (b).
9 (2) The court, in establishing reporting requirements, shall
10 consult with the county alcohol program administrator. The
11 county alcohol program administrator shall coordinate the
12 reporting requirements with the department and with the State
13 Department of Alcohol and Drug Programs. That reporting shall
1.4 ensure that all persons who, after being ordered to attend and
15 complete a program, may be identified for either (A) failure to
16 enroll in, or failure to successfully complete, the program, or(B)
17 successful completion of the program as ordered.
18 (d) Notwithstanding subdivision(a), if the offense occurred in
19 a vehicle requiring a driver with a class A or class B driver's license
20 or with an endorsement specified in Section 15278,the court shall
21 upon conviction order the department to suspend the driver's
22 privilege pursuant to paragraph (1) of subdivision (a) of Section
23 13352.
24 SEC. 6. Section 23542 of the Vehicle Code is amended to
25 read:
26 23542. 1f the court grants probation to any person punished
27 under Section 23540, in addition to the provisions of Section
28 23600 and any other terms and conditions imposed by the court,
29 the court shall impose as conditions of probation that the person
30 be subject to either subdivision(a)or(b), as follows:
31 (a) Be confined in the county jail for at least 10 days but not
32 more than one year,and pay a fine of at least three hundred ninety
33 dollars ($3'90), but not more than one thousand dollars ($1,000).
34 The person's privilege to operate a motor vehicle shall be
35 suspended by the Department of Motor Vehicles pursuant to
36 paragraph (3)of subdivision(a)of Section 13352. The court shall
37 require the person to surrender the driver's license to the court in
38 accordance with Section 13550.
39 (b) All of the fallowing:
99
SB 1696 —16-
1 (1) Be confined in the county jail for at least 96 hours,but not
2 more than one year. A sentence of 96 hours of confinement shall
3 be served in two increments consisting of a continuous 48 hours
4 each. The two 48-hour increments may be served
5 nonconsecutively.
6 (2) Pay a fine of at least three hundred ninety dollars($390),but
7 not more than one thousand dollars ($1,400).
8 (3) Have the privilege to operate a motor vehicle be restricted
9 by the Department of Motor Vehicles pursuant to Section 13352.5.
10 Until all conditions prescribed in this section are met,the person's
1I driving privilege is suspended pursuant to paragraph (3) of
12 subdivision(a)of Section 13352. This paragraph does not apply
13 if the offense occurred in a vehicle requiring;a driver with a class
14 A or class B driver's license or with an endorsement prescribed in
15 Section 15278.
16 (4) Either of the following:
17 (A) Enroll and participate, for at least 18 months subsequent to
18 the date of the underlying violation and in a manner satisfactory
19 to the court, in a driving-under-the-influence program licensed
20 pursuant to Section 11835 of the Health and Safety Code, as
21 designated by the court. The person shall complete the entire
22 program subsequent to, and shall not be given any credit for any
23 program activities completed prior to, the date of the current
24 violation. The program shall provide for persons who cannot
25 afford the program fee pursuant to paragraph(2)of subdivision(b)
26 of Section 11837.4 of the Health and Safety Code in order to
27 enable those persons to participate.
28 (B) Enroll and participate, for at least 30 months subsequent to
29 the date of the underlying violation and in a manner satisfactory
30 to the court, in a driving-under-the-influence program licensed
31 pursuant to Section 11836 of the Health and Safety Code. The
32 person shall complete the entire program subsequent to,and shall
33 not be given any credit for any program activities completed prior
34 to, the date of the current violation.
35 (c) The court shall advise the person at the time of sentencing
36 that the driving privilege shall not be restored until the per-Raft
37 pfd proof satisfactory to the .Department of Motor Vehicles
38 of successful completion of a driving-under-the-influence
99
- 17— SB 1696
1 program licensedd pursuant to Section 11836 of the Health and
2 Safety Code has been received in the department's headquarters.
O
99
...................................................................................11.11,1111,
..................................................................................
..................................................................
............
SENATE BILL No. 1697
Introduced by Senators Torlakson and Speier
(Coauthor: Assembly Member Levine)
February 20, 2004
An act to amend Section 11837 of the Health and Safety Code, and
to amend Sections 1803, 13352, 1,3352.5, 13353, 13353.3, 13353.5,
13353.7, 13954, 14601.2, 23109, 23109.5, 23521, 23536, 23538,
23540, 23542,23548, 23552, 23556, 23562, 23568,23660,and 23665
of, and to repeal and add Sections 1.3352.4 and 13354 of, the Vehicle
Code,relating to vehicles.
LEGISLATIVE COUNSEL'S DIGUST
SB 1697, as introduced, Torlakson. Vehicles: driving under the
influence: driver's license sanctions.
(1) Existing law requires the Department of Motor Vehicles to
suspend the driver's license of any person arrested for driving under the
influence(DUI). The department,under certain circumstances, is also
required to suspend,restrict,or revoke the driver's license of any person
convicted of DUI. A court is authorized to order, as a condition of
probation for a conviction of DUI,that the defendant's driver's license
be restricted, as specified.
This bill would consolidate the driver's license suspension,
restriction, and revocation functions for DUI arrests and convictions
under the department, as revised.
The bill would authorize the court to disallow the issuance of a
restricted license if the court determines that a person would present a
traffic safety or public safety risk if allowed to operate a motor vehicle
during a suspension period.
The bill would require the court to advise a person convicted of a DUI
offense at the time of sentencing that the driving privilege may not be
99
....................................................... ................ -
''I'll 11 ''I'll'',...........................-...
SB 1697 —2—
restored
2—restored until the person provides proof satisfactory to the department
of successful completion of a driving-under-the-influence program of
the appropriate length required by law, which is based on the
blood-alcohol concentration and number of prior DUI convictions.
(2) Existing law requires a person ordered to attend a DUI program
as a condition of probation under certain provisions to apply to the court
or to a board of review, as designated by the court, at the conclusion of
the program to obtain the court's order of satisfaction. The program is
prohibited from issuing its certificate of successful completion and
reporting the completion to the department until the court has granted
the order of satisfaction. A failure to obtain an order of satisfaction at
the conclusion of the DUI program is a violation of probation.
This bill would delete the requirement that the person obtain the
court's order of satisfaction at the conclusion of the DUI program.
(3) This bill would make additional conforming and technical
changes in existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11837 of the Health and Safety Code is
2 amended to read:
3 11837. (a) Pursuant to the provisions of law relating to
4 suspension of a person's privilege to operate a motor vehicle upon
5 conviction for driving while under the influence of any alcoholic
6 beverage or drug., or under the combined influence of any
7 alcoholic beverage and any drug, as set forth in paragraph(3) of
8 subdivision (a) of Section 13352 of the Vehicle Code, the
9 Department of Motor Vehicles shall restrict the driving privilege
14 pursuant to Section 13352.5 of the Vehicle Code, if the eeutlfts
11 notified the depa"efft per-sttaftt to Seetion 13352 of the Vehiele
12 Godo that ah person convicted of that offense has ..,..,sefi+ed af.
13 pe pate participates for at least 18 months in a
14 driving-under-the-influence program designed to offer aleahel
15 that is licensed
16 pursuant to this chapter.
17 (b) In determining whether to refer a person,who is ordered to
18 participate in a program pursuant to Section 668 of the Harbors and
19 Navigation Code, in a licensed alcohol and other drug education
-3— SB 1697
1 and counseling services program pursuant to Section 23538 of the
2 Vehicle Code, or, pursuant to Section 23542, 23548, 23552,
3 23556, 23562, or 23568 of the Vehicle Code, in a licensed
4 18-month or 30-month program, the court may consider any
5 relevant information about the person made available pursuant to
6 a presentence investigation, that is permitted but not required
7 under Section 23655 of the Vehicle Code, or other screening
8 procedure. That information shall not be furnished, however, by
9 any person who also provides services in a privately operated,
10 licensed program or who has any direct interest in a privately
11 operated, licensed program. In addition, the court shall obtain
12 from the Department of.Motor Vehicles a copy of the person's
13 driving record to determine whether the person is eligible to
14 participate in a licensed 18-month or 30-month program pursuant
15 to this chapter. When preparing a presentence report for the court,
16 the probation department may consider the suitability of placing
17 the defendant in a treatment program that includes the
1.8 administration of nonscheduled nonaddicting medications to
19 ameliorate an alcohol or controlled substance problem. If the
20 probation department recommends that this type of program is a
21 suitable option for the defendant,the defendant who would like the
22 court to consider this option shall obtain from his or her physician
23 a prescription for the medication, and a finding that the treatment
24 is medically suitable for the defendant, prior to consideration of
25 this alternative by the court.
26 (c) (1) The court shall,as a condition of probation pursuant to
27 Section:23538 or 23556 of the Vehicle Code,refer a first offender
28 whose concentration of alcohol in his or her blood was less than
29 0.20 percent,by weight,to participate for at least three months or
30 longer,as ordered by the court, in a licensed program that consists
31 of at least 30 hours of program activities, including those
32 education, group counseling, and individual interview sessions
33 described in this chapter.
34 (2) Notwithstanding any other provision of law, in granting
35 probation to a first offender described in this subdivision whose
36 concentration of alcohol in the person's blood was 0.20 percent or
37 more,by weight,or the person refused to take a chemical test,the
38 court shall order the person to participate, for at least six months
39 or longer, as ordered by the court, in a licensed program that
40 consists of at least 45 hours of program activities, including those
99
SB 1697 —4-
1
4-1 education, group counseling, and individual interview sessions
2 described in this chapter.
3 (d) (1) The State Department of Alcohol and Drug Programs
4 shall specify in regulations the activities required to be provided
5 in the treatment of participants receiving six months of licensed
6 program services under Section 23538 or 23556 of the Vehicle
7 Code.
8 (2) Any program licensed pursuant to this chapter may provide
9 treatment services to participants receiving at least six months of
10 licensed program services under Section 23538 or 23556 of the
11 Vehicle Code.
12 (e) The court may, subject to Section 11837.2, and as a
13 condition of probation, refer a person to a licensed program,even
14 though the person's privilege to operate a motor vehicle is
15 restricted, suspended, or revoked. An 18-month program
16 described in Section 23542 or 23562 of the Vehicle Code or a
17 30-month program described in Section 23548, 23552,or 23568
18 of the Vehicle Code may include treatment of family members and
19 significant other persons related to the convicted person with the
24 consent of those family members and others as described in this
21 chapter, if there is no increase in the costs of the program to the
22 convicted person.
23 (f) The clerk of the court shall indicate the duration of the
24 program in which the judge has ordered the person to participate
25 in the abstract of the record of the court that is forwarded to the
26 department.
27 SEC. 2. Section 1803 of the Vehicle Code is amended to read:
28 1803. (a) The clerk of a court in which a person was
29 convicted of any violation of this code, was convicted of any
30 violation of subdivision(a), (b),(c),(d), (e), or(f)of Section 655
31 of the Harbors and Navigation Code pertaining to a mechanically
32 propelled vessel but not to manipulating any water skis, an
33 aquaplane, or similar device, was convicted of any violation of
34 Section 655.2,655.6, 658, or 658.5 of the Harbors and Navigation
35 Code, or any violation of Section 191.5 of the Penal Code when
36 the conviction resulted from the operation of a vessel, was
37 convicted of any offense involving use or possession of controlled
38 substances under Division 10 (commencing with Section 11000)
39 of the Health and Safety Code,was convicted of any felony offense
40 when a commercial.motor vehicle,as defined in subdivision(b)of
99
......... ......... ......... ......... ...
....___.... ......... ......... .. ....... ......... ......... ......... ...._.._.
_.. ......... ......... ......... ......... ..................
............................................................................................
...........
—5— Sly 1697
1 Section 15210,was involved in or incidental to the con-mission of
2 the offense,or was convicted of any violation of any other statute
3 relating to the safe operation of vehicles, shall prepare within. 10
4 days after conviction and immediately forward to the department
5 at its office at Sacramento an abstract of the record of the court
6 covering the case in which the person was so convicted. If
7 sentencing is not pronounced in conjunction with the conviction,
8 the abstract shall be forwarded to the department within 10 days
9 after sentencing and the abstract shall be certified by the person so
10 required to prepare it to be true and correct.
11 For the purposes of this section, a forfeiture of bail shall be
12 equivalent to a conviction.
13 (b) The following violations are not required to be reported
14 under subdivision(a):
15 (1) Division 3.5 (commencing with Section 9840).
16 (2) Section 21113, with respect to parking violations.
17 (3) Chapter 9 (commencing with Section 22500) of Division
18 11, except Section 22526.
19 (4) Division 12 (commencing with Section 24000), except
20 Sections 24002, 24004, 242.50, 24409, 24604, 24800, 25103,
21 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3
22 (commencing.with Section 26301).
23 (5) Division 15 (commencing with Section 35000), except
24 Chapter 5 (commencing with Section 35550).
25 (6) 'Violations for which a person was cited as a pedestrian or
26 while operating a bicycle or a motorized scooter.
27 (7) Division 16.5 (commencing with Section 38000).
28 (8) Subdivision (b) of Section 23221, subdivision (b) of
29 Section 23223, subdivision(b)of Section 23225,and subdivision
30 (b) of Section 23226.
31 (c) if the court impounds a license, or orders a person to limit
32 his or her driving pursuant to
33 ,
34 of Se 4iet 23562, subdivision (d) of Section 40508, the court
35 shall notify the department concerning the impoundment or
36 limitation on an abstract prepared pursuant to subdivision (a) of
37 this section or on a separate abstract, which shall be prepared
38 within 10 days after the impoundment or limitation was ordered
39 and immediately forwarded to the department at its office in
40 Sacramento.
99
SB 1697 —6-
1 (d) If the court determines that a prier judgment of conviction
2 of a violation of Section 23152 or 23153 is valid or is invalid on
3 constitutional grounds pursuant to Section 41403,the clerk of the
4 court in which the determination is made shall prepare an abstract
5 of that determination and forward it to the department in the same
6 manner as an abstract of record pursuant to subdivision(a).
7 (e) Within 10 days of an order terminating or revoking
8 probation under Section 23602,the clerk of the court in which the
9 order terminating or revoking probation was entered shall prepare
10 and immediately forward to the department at its office in
11 Sacramento an abstract of the record of the court order terminating
12 or revoking probation and any other order of the court to the
13 department required by law.
14 SEC. 3. Section 13352 of the Vehicle Code is amended to
15 read:
16 13352. (a) The department shall immediately suspend or
17 revoke,
18 of, the privilege of any person to operate a motor vehicle upon
19 receipt of an abstract of the record of any court showing that the
20 person has been convicted of a violation of Section 23152 or 23153
21 ,or upon receipt of a report of
22 a judge of the juvenile court, a juvenile traffic hearing officer, or
23 a referee of a juvenile court showing that the person has been found
24 to have committed a violation of Section 23152 or 23153 or
25 . If any offense specified in this
26 section occurs in a vehicle defined in Section 15210, the
27 suspension or revocation specified below shall apply to the
28 noncommercial driving privilege. The commercial driving
29 privilege shall be disqualified as specified in Sections 15300 to
30 15302, inclusive. For the purposes of this section, suspension or
31 revocation shall be as follows:
32 (1) Upon Except as required under Section 13352.4, upon a
33 conviction or finding of a violation of Section.23152 punishable
34 under Section 23536,the privilege shall be suspended for a period
35 of six months. The privilege may not be reinstated until the person
36 gives proof of financial responsibility and gives proof satisfactory
37 to the department of successful completion of a
38 driving-under-the-influence program licensed pursuant to Section
39 11836 of the Health and Safety Code described in subdivision(b)
40 of Section 23538.For the purposes of this paragraph, enrollment,
99
1
--7-— SB 1597
1 participation, and completion of an approved program shall be
2 subsequent to the date of the current violation. Credit may not be
3 given to any program activities completed prior to the date of the
4 current violation. The length qf the approved program shall be as
5 follows:
6 (A) A person found by the court to have had a blood-alcohol
7 concentration less than 0.20 percent, by weight, shall participate
8 for three months or more.
9 (B) A person found by the court to have had a blood-alcohol
10 concentration of`0.20 percent or more, by weight, shall participate
11 for six months or more.
12 ,
13 department shallestf-ieted kee n-feet of aft
14 ittg that the
15
16 ,
17 Seetio 23638-
18 (2) Upon a conviction or finding of a violation of Section
19 23153 punishable under Section 23554, the privilege shall be
20 suspended for a period of one year. The privilege may not be
21 reinstated until the person gives proof of financial responsibility
22 and gives proof satisfactory to the department of successful
23 completion of a driving-under-the-influence program licensed
24 pursuant to Section 11836 of the Health.. and Safety Cade as
25 described in Section 23556. For the purposes of this paragraph,
26 enrollment, participation, and completion of an approved
27 program shall be subsequent to the date of the current violation.
28 Credit may not be given to any program activities completed prior
29 to the date of the current violation. The length of the approved
30 program shall be as follows:
31 (A) A person found by the court to have had a blood-alcohol
32 concentration less than 0.20 percent, by weight, shall participate
33 for three months or more.
34 (B) A person found by the court to have had a blood-alcohol
35 concentration of 0.20 percent or more, by weight, shall participate
36 for six months or more.
37 (3) Except as provided in Section 13352.5, upon a conviction
38 or finding of a violation of Section 23152 punishable under
39 Section 23540,the privilege shall be suspended for two years.The
40 privilege may not be reinstated until the person gives proof of
99
1
SB 1697 8
1 financial responsibility and gives proof satisfactory to the
2 department of successful completion of a
3 driving-under-the-influence program licensed pursuant to Section.
4 11836 of the Health and Safety Code as described in subdivision
5 (b) Section 23542.For the purposes of this paragraph,enrollment,
6 participation, and completion of an approved program shall be
7 subsequent to the date of the current violation.. No eredit A
8 Credit may not be given to any program activities completed prior
9 to the date of the current violation.The department shall advise the
10 person that after completion of 12 months of the suspension
11 period,which may include credit fort any suspension period served
12 under subdivision (c) of Section 13353, the person may apply to
13 the department for a restricted driver's license, subject to the
14 following conditions:
15 (A) The person has satisfactorily provided, subsequent to the
16 violation date of the current underlying conviction, either of the
17 following:
18 (i) Proof of enrollment in an 18-month
19 driving-under-the-influence program licensed pursuant to Section
20 11836 of the Health and Safety Code.
21 (ii) Proof of enrollment in a 30-month
22 driving-under-the-influence program licensed pursuant to Section
23 11836 of the Health and Safety Code,if available in the county of
24 the person's residence or employment.
25 (B) The person agrees, as a condition of the restriction, to
26 continue satisfactory participation in the program described in
27 subparagraph(A).
28 (C) The person submits the "Verification of Installation" form
29 described in paragraph (2)of subdivision(e)of Section 13386.
30 (U) The person agrees to maintain the ignition interlock device
31 as required under subdivision (g)of Section 23575.
32 (E) The person provides proof of financial responsibility, as
33 defined in Section 16430.
34 (F) The person pays all administrative fees or reissue fees and
35 any restriction fee required by the department.
36 (G) The restriction shall remain in effect for the period required
37 in subdivision(f) of Section 23575.
38 (4) Except as provided in this paragraph,upon a conviction or
39 finding,of a violation of Section 23153 punishable under Section
40 23560,the privilege shall be revoked for a period of three years.
99
-9— S$ 1697
1 The privilege may not be reinstated until the person gives proof of
2 financial responsibility,and the person gives proof satisfactory to
3 the department of successful completion of a
4 driving-under-the-influence program licensed pursuant to Section
5 1.1836 of the Health and Safety Code as described in subdivision
6 (b) of Section 23562. For the purposes of this paragraph,
7 enrollment,participation,and completion of an approved program
8 shall be subsequent to the date of the current violation. '
9 sial Credit may not be given to any program activities completed
10 prior to the date of the current violation. The department shall
11 advise the person that after the completion of 18 months of the
12 revocation period, which may include credit far any suspension
13 period served under subdivision (c) of"Section 13353, the person
14 may apply to the department for a restricted driver's license,
15 subject to the following conditions.
16 (A) The person has satisfactorily completed, subsequent to the
17 violation date of the current underlying conviction, either of the
18 following.
19 (i) An 18-month driving-under-the-influence program
20 licensed pursuant to Section 11836 of the Health and Safety Cade.
21 (ii) The initial 18 months of a 30-month
22 driving-under-the-influence program licensed pursuant to Section
23 11836 of the Health and Safety Code, if available in the county of
24 the person's residence or employment, and the person agrees, as
25 a condition of the restriction,to continue satisfactory participation
26 in that 30-month program.
27 (B) The person submits the "Verification of Installation" form
28 described in paragraph(2)of subdivision(e) of Section 13386.
29 (C) The person agrees to maintain the ignition interlock device
30 as required under subdivision(g)of Section 23575.
31 (D) The person provides proof of financial responsibility, as
32 defined in Section 16430.
33 (E) The person pays all applicable reinstatement or reissue fees
34 and any restriction fee required by the department.
35 (F) The restriction shall remain in effect for the period required
36 in subdivision(f)of Section 23575.
37 (5) Except as provided in this paragraph,upon a conviction or
38 finding of a violation of Section 23152 punishable under Section
39 23546, the privilege shall be revoked for a period of three years.
40 The privilege sll may not be reinstated until the person files
99
SB 1697 — 10—
I
10-1 proof of financial responsibility and gives proof satisfactory to the
2 department of successful completion of one of the following
3 programs: an 18-month driving-under-the-influence program
4 licensed pursuant to Section 11836 of the Health and Safety Code
5 as described in subdivision (b) or (c) of Section 23548, or, if
6 available in the county of the person's residence or employment,
7 a 30-month driving-under-the-influence program licensed
8 pursuant to Section 11836 of the Health and Safety Code, or a
9 program specified in Section 8001 of the Penal Code. For the
10 purposes of this paragraph, enrollment, participation, and
1.1 completion of an approved program shall be subsequent to the date
12 of the current violation. No e fe4it sb Credit may not be given
13 to any program activities completed prior to the date of the current
14 violation. The department shall advise the person that after
15 completion of 18 months of the revocation period, which may
16 include credit far any suspension period served under subdivision
17 (c) of.Section 13353, the person may apply to the department for
18 a restricted driver's license, subject to the following conditions:
19 (A) The person has satisfactorily completed, subsequent to the
20 violation date of the current underlying conviction, either of the
21 following:
22 (i) An 18-month driving-under-the-influence program
23 licensed pursuant to Section 11836 of the Health and Safety Code.
24 (ii) The initial 18 months of a 30-month
25 driving-under-the-influence program licensed pursuant to Section
26 11836 of the Health and Safety Code,.if available in the county of
27 the person's residence or employment, and the person agrees, as
28 a condition of the restriction,to continue satisfactory participation
29 in the 30-month driving-under-the-influence program.
30 (B) The person submits the "Verification of Installation" form
31 described in paragraph(2) of subdivision (e)of Section 13386.
32 (C) The person agrees to maintain the ignition interlock.device
33 as required under subdivision (g) of Section 23575.
34 (D) The person provides proof of financial responsibility, as
35 defined in Section 16430.
36 (E) Any individual convicted of a violation of Section 23152
37 punishable under Section 23546 may also, at any time after
38 sentencing, petition the court for referral to an 18-month
39 driving-under-the-influence program licensed pursuant to Section
40 11836 of the Health and Safety Code,or, if available in the county
99
.........................................................................................
. ..................................................................................................................................
................................................................................................
......................................
SB 1697
1 of the person's residence or employment, a 30-month
2 driving-under-the-influence program licensed pursuant to Section
3 11836 of the Health and Safety Code.Unless good cause is shown,
4 the court shall order the referral.
5 (F) The person pays all applicable reinstatement or reissue fees
6 and any restriction fee required by the department.
7 (Cr) The restriction shall remain in effect for the period required
8 in subdivision (f)of Section 23575.
9 (6) Except as provided in this paragraph,upon a conviction or
10 finding of a violation of Section 23153 punishable under Section.
11 23550.5 or 23566, the privilege shall be revoked for a period of
12 five years. The privilege may not be reinstated until the person
13 gives proof of financial responsibility and proof satisfactory to the
14 department of successful completion of one of the following
15 programs: an 18-month driving-under-the-influence program
16 licensed pursuant to Section 11836 of the Health and Safety Code,
17 as described in subdivision (b)of Section 23568, or, if available in
18 the county of the person's residence or employment, a 30-month
19 driving-under-the-influence program licensed pursuant to Section
20 11836 of the Health and Safety Code, or a program specified in
21 Section 8001 of the Penal Code. For the purposes of this
22 paragraph, enrollment, participation, and completion of an
23 approved program shall be subsequent to the date of the current
24 violation. No credit shall be given to any program activities
25 completed prior to the date of the current violation. The
26 department shall advise the person that after the completion of 30
27 months of the revocation period, which may include credit for any
28 suspension period served under subdivision (c)of Section 13353,
29 the person may apply to the department for a restricted driver's
30 license, subject to the following conditions:
31 (A) The person has satisfactorily completed,subsequent to the
32 violation date of the current underlying conviction, either of the
33 following:
34 (i) The initial 18 months of a 30-month
35 driving-under-the-Influence program licensed pursuant to Section
36 11836 of the Health and Safety Code, if available in the county of
37 the person's residence or employment, and the person agrees, as
38 a condition of the restriction,to continue satisfactory participation
39 in the 30-month driving-under-the-influence program.
99
........... ..................................
.....................................................................................
SB 1697 —12-
1
12-1 (ii) An 18-month driving-under-the-influence program
2 licensed pursuant to Section. 11836 of the Health.and Safety Code,
3 if a 30-month program is unavailable in the person's county of
4 residence or employment.
5 (B) The person submits the "Verification of Installation" form
6 described in paragraph(2)of subdivision (e)of Section 13386.
7 (C) The person agrees to maintain the ignition interlock device
8 as required under subdivision (g) of Section 23575.
9 (D) The person provides proof of financial responsibility, as
10 defined in Section 16430.
1.1 (E) Any individual convicted of a violation of Section 23153
12 punishable under Section 23566 may also, at any time after
13 sentencing, petition the court for referral to an 18-month
14 driving--under-the-influence program or,if available in the county
15 of the person's residence or employment, a 30-month program
16 licensed pursuant to Section 11836 of the Health and Safety Code.
17 Unless good cause is shown,the court shall order the referral.
18 (F) The person pays all applicable reinstatement or reissue fees
19 and any restriction fee required by the department.
20 (G) The restriction shall remain in effect for the period required
21 in subdivision(f)of Section 23575.
22 (7) Except as provided in this paragraph, upon a conviction or
23 finding of a violation of Section.23152 punishable under Section
24 23550 or 23550.5, or Section 23153 punishable under Section
25 23550.5 the privilege shall be revoked for a period of four years.
26 The privilege may not be reinstated until the person gives proof of
27 financial responsibility and proof satisfactory to the department of
28 successful completion of one of the following programs: an
29 18-month driving-under-the-influence program,licensed pursuant
30 to Section 11836 of the Health and Safety Code,or, if available in
31 the county of the person's residence or employment, a 30-month
32 driving-under-the-influence program licensed pursuant to Section
33 11836 of the Health and Safety Code, or a program specified in
34 Section 8001 of the Penal Code. For the purposes of this
35 paragraph, enrollment, participation, and completion of an
36 approved program shall be subsequent to the date of the current
37 violation. No credit shall be given to any program activities
38 completed prior to the date of the current violation. The
39 department shall advise the person that after the completion of 24
40 months of the revocation period, which may include credit for any
99
I
- 13— SB 1697
1 suspension period served under subdivision (c)of Section .13333,
2 the person may apply to the department for a restricted driver's
3 license, subject to the following conditions:
4 (A) The person has satisfactorily completed, subsequent to the
5 violation mate of the current underlying conviction, either of the
6 following.
7 (i) An 18-month driving-under-the-influence program
8 licensed pursuant to Section 11836 of the Health and Safety Code.
9 (ii) The initial 18 months of a 30-month
10 driving-under-the-influence program licensed pursuant to Section
11 11836 of the Health and Safety Code, if available in the county of
12 the person's residence or employment, and the person agrees, as
13 a condition of the restriction,to continue satisfactory participation
14 in the 30-month driving-under-the-influence program.
15 (B) The person submits the "Verification of Installation" form
16 described in paragraph(2) of subdivision(e) of Section 13385.
17 (C) The person agrees to maintain the ignition interlock device
18 as required under subdivision(g)of Section 23575.
19 (D) The person provides proof of financial responsibility, as
20 defined in Section 16430.
21 (E) Any individual convicted of a violation of Section 23152
22 punishable under Section 23554 may also, at any time after
23 sentencing, petition the court for referral to an 18-month
24 driving-under-the-influence program or, if available in the county
25 of the person's residence or employment, a 30-month
26 driving-under-the-influence program licensedpursuant to Section
27 11836 of the Health and Safety Code. Unless good cause is shown,
28 the court shall order the referral.
29 (F) The person pays all applicable reinstatement or reissue fees
30 and any restriction fee required by the department.
31 (G) The restriction shall remain in effect for the period required
32 in subdivision(f) of Section 23575.
33
34 (a) of Seefien 23109 punishftble ttrAer- subdivision (e) of thm
35
36 six menths, if and as efdefed by the eettft.
37
38 (a) of eetieft 24109 punishab4e under- sidbdivisioft (f) of that
39 se et i e n, ,
40 if the eourt efdefs the depaftmeftt to suspend the pfiYi1ege7-The
99
SB 1697 — 14—
I
2
3 (b) For the purpose of paragraphs(2) to f4) (7), inclusive, of
4 subdivision(a),the finding of the juvenile court judge,the juvenile
5 hearing officer,or the referee of a juvenile court of a commission
6 of a violation of Section 23152 or 23153
7 Seetie 23109, as specified in subdivision(a)of this section, is a
8 conviction.
9 (c) Each judge of a juvenile court,juvenile hearing officer,or
10 referee of a juvenile court shall immediately report the findings
11 specified in subdivision(a) to the department.
12 (d) A conviction of an offense in any state, territory, or
13 possession of the United States, the District of Columbia, the
14 Commonwealth of Puerto Rico, or Canada that, if committed in
15 this state,would be a violation of Section 23152, is a conviction
16 of Section 23152 for purposes of this section,and a conviction of
17 an offense that, if committed in this state,would be a violation of
18 Section 23153, is a conviction of Section 23153 for purposes of
19 this section. The department shall suspend or revoke the privilege
20 to operate a motor vehicle pursuant to this section upon receiving;
21 notice of that conviction.
22 (e) For the purposes of the restriction conditions specified in
23 paragraphs(3)to(7), inclusive, of subdivision(a),the department
24 shall terminate the restriction imposed pursuant to this section and
25 shall suspend or revoke the person's driving privilege upon receipt
26 of notification from the driving-under-the-influence program that
27 the person has failed to comply with the program requirements.
28 The person's driving privilege shall remain suspended or revoked
29 for the remaining period of the origineAin original suspension or
30 revocation imposed under this section and until all reinstatement
31 requirements described in this section are met.
32 (f) For purposes of this section, completion of a program is the
33 following;
34 (1) Satisfactory completion of all program requirements
35 approved pursuant to program licensure, as evidenced by a
36 certificate of completion issued, under penalty of perjury,by the
37 licensed program.
38 (2) Certification, under penalty of perjury,by the director of a
39 program specified in Section 8001 of the Penal Code, that the
99
-15— SB 1697
1 person has completed a program specified in Section SOOT of the
2 Penal Code.
3 (g) The holder of a commercial driver's license who was
4 operating a commercial motor vehicle, as defined in Section
5 15210, at the time of a violation that resulted in a suspension or
6 revocation of the person's noncommercial driving privilege under
7 this section is not eligible fior the restricted driver's license
8 authorized under paragraphs (3) to (7), inclusive, of subdivision
9 (a).
10 SEC. 4. Section 13352.4 of the Vehicle Code is repealed.
11
12
13 by svbdiYisien (b) of Seetiett 23648 to submit -F-W-f 0-IF th�
14
15
16 ,
17 it time period set by the depaftmefft, beginning From the date of-ft
18
19
20
21
22
23 per-sett hiEts been ordered by the eotrt+o do so.The suap fts on 94=
24
25 filed with the department by the persett-.
26
27
28
29ftete y.
30 SEC. 5. Section 13352.4 is ridded to the Vehicle Code,to read:
31 13352.4. (a) Except as provided in subdivision (h), the
32 department shall issue a restricted driver's license to a person
33 whose driver's license was suspended under paragraph (1) of
34 subdivision(a) of Section 13352, if the person meets all of the
35 following requirements:
36 (1) Submits proof satisfactory to the department of enrollment
37 in, or completion. of, a driving-under-the-influence program
38 licensed pursuant to Section 11836 of the Health and Safety Code,
39 as described in subdivision(b) of Section 23538.
99
B 1697 — 16-
1
-- 1fi---
1 (2) Submits proof of financial responsibility, as defined in
2 Section 16430.
3 (3) Pays all applicable reinstatement or reissue fees and any
4 restriction fee required by the department.
5 (b) The restriction of the driving privilege shall become
6 effective when the department receives all of the documents and
7 fees required under subdivision(a)and shall remain in effect until
8 the final day of the original suspension imposed under paragraph
9 (1) of subdivision (a) of Section 13352, or until the date all
10 reinstatement requirements described in Section 13352 have been
11 met, whichever date is later, and may include credit for any
12 suspension period served under subdivision (c) of Section
13 13353.3.
14 (c) The restriction of the driving privilege shall be limited to the
15 hours necessary for driving to and from the person's place of
16 employment, driving during the course of employment, and
17 driving to and from activities required in the
18 driving-under-the-influence program.
19 (d) Whenever the driving privilege is restricted under this
20 section, proof of financial responsibility, as defined in Section
21 16430, shall be maintained for three years. If the person does not
22 maintain that proof of financial responsibility at any time during
23 the restriction, the driving privilege shall be suspended until the
24 proof required under Section 16484 is received by the department.
25 (e) For the purposes of this section, enrollment, participation,
26 and completion of an approved program shall be subsequent to the
27 date of the current violation. Credit may not be given to a program
28 activitY completed prior to the date of the current violation.
29 (f) The department shall terminate the restriction issued raider
30 this section and shall suspend the privilege to operate a motor
31 vehicle pursuant to paragraph (1) of subdivision (a) of Section
32 13352 immediately upon receipt of notification from the
33 driving-under-the-influence program that the person has failed to
34 comply with the program requirements. The privilege shall remain
35 suspended until the final day of the original suspension imposed
36 under paragraph (1)of subdivision(a) of Section 13352, or until
37 the date all reinstatement requirements described in Section 13352
38 have been met, whichever date is later.
39 (g) The holder of a commercial driver's license who was
40 operating a commercial motor vehicle, as defined in Section
99
- 17— SB 1697
1 15210, at the time of a violation that resulted in a suspension or
2 revocation of the person's noncommercial driving privilege under
3 paragraph(1)of subdivision(a)of Section 13352 is not eligible for
4 the restricted driver's license authorized under this section.
5 (h) If, upon conviction, the court has made the determination,
6 as authorized under subdivision(d)of Section 23536 or paragraph
7 (3) subdivision (a)of Section 23538, to disallow the issuance of
8 a restricted driver's license, the department may net issue a
9 restricted driver's license under this section.
10 SEC. 6. Section 13352.5 of the vehicle Code is amended to
11 read:
12 13352.5. (a) The department shall issue a restricted driver's
13 license to a person
14
15
16 heetts whose driver's license was suspended under paragraph (3)
17 of subdivision (a) of Section 13352, if the person meets all of the
18 following requirements:
19 (1) Submits proof satin factory to the department of enrollment
20 in, or completion of, a driving-under-the-influence program
21 licensed pursuant to Section 11836 of the Health and Safety Code,
22 as described in paragraph(4)of subdivision(b)of Section 23542.
23 (2) Submits proof of financial responsibility, as described in
24 Section 16430.
25 (3) Completes not less than 1.2 months of the suspension period
26 imposed under paragraph (3) of subdivision (a)of Section 13352.
27 The 12 months may include credit.for any suspension period served
28 under subdivision (c) of Section 13353.3. Pays all applicable
29 reinstatement or reissue fees and any restriction fee required by the
30 department.
31 (b) The restriction of the driving privilege shall become
32 effective when the department receives all of the documents and
33 fees required under subdivision(a) and shall remain in effect€er
34
35 until the final day of the
36 original suspension imposed under paragraph (3) of subdivision
37 (a) of Section 13352, or until the date all reinstatement
38 requirements described in Section 13352 have been met,
39 whichever date is later.
99
SB 1697 —18-
1 (c) The restriction of the driving privilege shall be limited to the
2 hours necessary for driving to and from the person's place of
3 employment, driving during the course of employment, and
4 driving to and from activities required in the ' eaftneti
5 driving-under-the-influence program.
6 (d) Whenever the driving privilege is restricted under this
7 section, proof of financial responsibility, as defined in Section
8 16430, shall be maintained for three years. If the person dries not
9 maintain that proof of financial responsibility at any time during
10 the restriction, the driving privilege shall besuspendeduntil the
11 proof purmtaftt-te required under Section 16484 is received by the
12 department.
13 (e) The restfietion imposed under this seetion may be reffleve
14
15
16
17 Safi rode-- For the purposes of this section, enrollment,
18 participation, and completion of an approved program shall be
19 subsequent to the date of the current violation. No credit may be
20 given to any program activities completed prior to the date of the
21 current violation.
22 (f) The department shall immedimely terminate the restriction
23 imposed pursuant to this section and shall suspend the privilege to
24 drive under paragraph(3)of subdivision(a)of section 13352 upon
25 receipt of notification from the tfeaftnert
26 driving-under-the-influence program that the person has failed to
27 comply with the program requirements.
28 (g) If upon conviction, the court has trade the determination,
29 as authorized under subdivision (b) of ,Section 23544 or
30 subdivision (d) of Section 23542, to disallow the issuance of a
31 restricted driver's license, the department may not issue a
32 restricted driver's license under this section.
33 (h) Any person restricted pursuant to this section may apply to
34 the department for a restricted driver's license, subject to the
35 conditions specified in paragraph(3)of subdivision(a)of Section
36 13352. Whenever proof of financial responsibility has already
37 been provided and a restriction fee has been paid in compliance
38 with restrictions described in this section, and the offender
39 subsequently receives an ignition interlock device restriction
40 described in paragraph(3)of subdivision(a)of Section 13352,the
99
1
- 19— B1697
1 proof of financial responsibility period shall not be extended
2 beyond the previously established term and no additional
3 restriction fee shall be required.
4 (h)
5 (i) This section applies to a person who meets all of the
6 following conditions:
7 (1) Has been convicted of a violation of Section 23152 that
8 occurred on or before July 1, 1999,and is punishable under Section
9 23540, or former Section 23165.
10 (2) Was granted probation for the conviction subject to
11 conditions imposed under subdivision (b) of Section 23542, or
12 under subdivision(b)of former Section 23166.
13 (3) Is no longer subject to the probation described in paragraph
14 (2).
15 (4) Has not completed the licensed
16 driving-under-the-influence program: under paragraph (3) of
17 subdivision(a)of Section 13352 for reinstatement of the driving
18 privilege.
19 (5) Has no violations in his or her driving record that would
20 preclude issuance of a restricted driver's license.
21 SEC. 7. Section 13353 of the 'Vehicle Code is amended to
22 read:
23 13353. (a) If mty a person refuses the officer's request to
24 submit to, or fails to complete, a chemical test or tests pursuant to
25 Section 23612, upon receipt of the officer's sworn statement that
26 the officer had reasonable cause to believe the person had been
27 driving a motor vehicle in violation of Section 23140, 23152, or
28 23153, and that the person had refused to submit to, or did not
29 complete, the test or tests after being requested by the officer, the
30 department shall do one of the following:
31 (1) Suspend the person's privilege to operate a motor vehicle
32 for a period of one year.
33 (2) Revoke the person's privilege to operate a motor vehicle for
34 a period of two years if the refusal occurred within seven years of
35 either (A) a separate violation of Section 23103 as specified in
36 Section 23103.5, or of Section 23140, 23152, or 23153, or of
37 Section 191.5 or paragraph(3) of subdivision (c) of Section 192
38 of the Penal Code,that resulted in a conviction,or(13)a suspension
39 or revocation of the person's privilege to operate a motor vehicle
99
1
SB 1697 —20-
1
-20-1 pursuant to this section or Section 13353.2 for an offense whith
2 that occurred on a separate occasion.
3 (3) Revolve the person's privilege to operate a motor vehicle for
4 a period of three years if the refusal occurred within seven years
5 of any of the following:
6 (A) Two or more separate violations of Section 23103 as
7 specified in Section 23103.5, or of Section 23140, 23152, or
8 23153,or of Section 191.5 or paragraph(3) of subdivision(c)of
9 Section 192 of the Pend Code,or any combination thereof,which
10 resulted in convictions.
I 1 (B) Two or more suspensions or revocations of the person's
12 privilege to operate a motor vehicle pursuant to this section or
13 Section 13353.2 for offenses w4tieh that occurred on separate
14 occasions.
15 (C) Any combination of two or more of those convictions or
16 administrative suspensions or revocations.
17 The officer's sworn statement shall be submitted pursuant to
18 Section 13380 on a form furnished or approved by the department.
19 The suspension or revocation shall not become effective until 30
20 days after the giving of written notice thereof, or until the end of
21 any stay of the suspension or revocation,as provided for in Section
22 13558.
23 (D) For purposes of this section, a conviction of any offense in
24 any state,territory,or possession of the United States,the District
25 of Columbia,the Commonwealth of Puerto Rico,or the Dominion
26 of Canada that, if committed in this state,would be a violation of
27 Section 23103, as specified in Section 23103.5,or Section 23140,
28 23152,or 23153,or Section 191.5 or paragraph(3)of subdivision
29 (c) of Section 192 of the Penal Code, is a conviction of that
30 particular section of the Vehicle Code or Penal Code.
31 (b) The notice of the order of suspension or revocation under
32 this section shall be served on the person by a peace officer
33 pursuant to Section 236.12. The notice of the order of suspension
34 or revocation shall be on a form provided by the department. If the
35 notice of the order of suspension or revocation has not been served
36 by the peace officer pursuant to Section 23612, the department
37 immediately shall notify the person in writing of the action taken.
38 The peace officer who serves the notice, or the department, if
39 applicable, also shall provide, if the officer or department,as the
40 case may be, determines that it is necessary to do so, the person
99
_... ......... ......... ......... ......... ......... ._.__.
........... ._....... ......... ............. ... ........ .... ......... ......... ......... ......... ......_..
...........................................................................................................
__.............................
—21— S$ 1697
1 with the appropriate non-English notice developed pursuant to
2 subdivision(d)of Section 14100.
3 (c) Upon receipt of the officer's sworn statement, the
4 department shall review the record. For purposes of this section,
5 the scope of the administrative review shall cover all of the
6 following issues:
7 (1) Whether the peace officer had reasonable cause to believe
8 the person had been driving a motor vehicle in violation of Section
9 23140, 23152, or 23153.
10 (2) Whether the person was placed under arrest.
11 (3) Whether the person refused to submit to, or did not
12 complete,the test or tests after being requested by a peace officer.
13 (4) Whether,except for the persons described in subdivision(a)
14 of Section 23612 who are incapable of refusing, the person had
15 been told that his or her driving privilege would be suspended or
16 revoked if he or she refused to submit to,or did not complete,the
17 test or tests.
18 (d) The person may request an administrative hearing pursuant
19 to Section 13558. Except as provided in subdivision(e)of Section
20 13558,the request for an administrative hearing does not stay the
21 order of suspension or revocation.
22 (e) The suspension or revocation imposed under this section
23 shall run concurrently with any restriction, suspension, or
24 revocation imposed under Section 13352, 133. 2.4, or 13352.5
25 that resulted from the same arrest.
26 SEC. 8. Section. 13353.3 of the Vehicle Code is amended to
27 read:
28 13353.3. (a) An order of suspension of person's privilege
29 to operate a motor vehicle pursuant to Section 13353.2 shall
30 become effective 30 days after the person is served with the notice
31 pursuant to Section 13382 or 13388,or subdivision(b)of Section
32 13353.2.
33 (b) The period of suspension of a person's privilege to operate
34 a motor vehicle under Section 13353.2 is as follows:
35 (1) Except as provided in Section 13353.6,if the person has not
36 been convicted of a separate violation of Section 23103, as
37 specified in Section 231 03.5,of Section 23140, 23152, or 23153,
38 of Section 191.5 of the Penal Code, or of paragraph (3) of
39 subdivision(c)of Section 192 of that code,the person has not been
40 administratively detern-fined to have refused chemical testing
...........11.....................................................................................
..............................................................................................................................
............................................................................................................
..........................................................................
...............
SB 1697 —22-
1 pursuant to Section 13353 or 13353.1,or the person has not been
2 administratively determined to have been driving with an
3 excessive concentration of alcohol pursuant to Section 13353.2 on
4 a separate occasion,which offense or occurrence occurred within
5 seven years of the occasion in question,the person's privilege to
6 operate a motor vehicle shall be suspended for four months.
7 (2) If the person has been convicted of one or more separate
8 violations of Section 23103, as specified in Section 23103.5,
9 Section 23140,23152,or 23153, Section 191.5 of the Penal Code,
10 or paragraph(3)of subdivision(c)of Section 192 of that code,the
1.1 person has been administratively determined to have refused
12 chemical testing pursuant to Section 13353 or 13353.1, or the
13 person has been administratively determined to have been driving
14 with an excessive concentration of alcohol pursuant to Section
15 13353.2 on a separate occasion, which offense or occasion
16 occurred within seven years of the occasion in question, the
17 person's privilege to operate a motor vehicle shall be suspended
18 for one year.
19 (3) Notwithstanding any other provision of law,if a person has
20 been administratively determined to have been driving in violation
21 of Section 23136 or to have refused chemical testing pursuant to
22 Section 13353.1,the period of suspension shall not be for less than
23 one year.
24 (c) If a person's privilege to operate a motor vehicle is
25 suspended pursuant to Section 13353.2 and the person is convicted
26 of a violation of Section 23140, 23152;or 23153, including, but
27 not limited to, a violation described in Section 23620, arising out
28 of the same occurrence, both the suspension under Section
29 13353.2 and the suspension or revocation under Section 13352
30 shall be imposed,except tha- 1
6ea .3364,the
31 periods of suspension or revocation shall run concurrently,and the
32 total period of suspension or revocation shall not exceed the longer
33 of the two suspension or revocation periods. T-I�s subdi,949ien shal
34 not affeet a s vvoeatien pw,�swmt to Seefien 13353 fiE,&
35 SM4—mif. *—A ehemiea4 testing at the impositiett o
36 eensee-W to.
37 Seetieft 13454 th..— re-Aj8al.
38 (d) For purposes of this section,a conviction of any offense in
39 any state,territory,or possession of the United States,the District
40 of Columbia, the Commonwealth of Puerto Rico,or the Dominion
99
..............................................
.................................................................................
........................ ...................
............................................................................................................................................................................
.....................................................................................
............
_23 ---- SB 1.697
1 of Canada that, if committed in this state,would be a violation of
2 Section 23103,as specified in Section 23103.5,or Section 23140,
3 23152,or 23153,or Section 191.5 or paragraph(3)of subdivision
4 (c) of Section 192 of the Penal Code, is a conviction of that
5 particular section of the Vehicle Code or Penal Code.
6 SEC. 9. Section 13353.5 of the Vehicle Code is amended to
7 read:
8 13353.5. (a) If a person whose driving privilege is suspended
9 or revoked under Section 13352 of, 13352.4, 13352.6,paragraph
10 (1) of subdivision (g) of Section 23247, or paragraph (2) q1'
11 subdivision (1of Section 23575 is a resident of another state at the
12 time the mandatory period of suspension or revocation expires,the
13 department may,breft W.-A.Wen.a"liea+ien of the persefft;terminate
14 the suspension or revocation, upon written application of the
15 person, for the purpose of allowving>the person to apply for a license
16 in his or her state of residence. The application shall include,but
17 need not be limited to,evidence satisfactory to the department that
18 the applicant now resides in another state.
19 (b) If the person submits an application for a California driver's
20 license within three years after the date of the action to terminate
21 suspension or revocation pursuant to subdivision (a), a license
22 shall not be issued until evidence satisfactory to the department
23 establishes that the person is qualified for reinstatement and no
24 grounds exist including,but not limited to,one or more subsequent
25 convictions for driving under the influence of alcohol or other
26 drugs that would support a refusal to issue a license. The
27 department may waive the three-year requirement ttpoft reeeipt ef
28 a pregmtn eempletion eeftifieete, ets deseri-bed itt subdivision (e)
29 of Seetieft 14353._, thm has beett duly issued to die individuai if
30 the person provides the department with proof of financial
31 responsibility, as defined in Section 16430, and proof satisfactory
32 to the department of successful completion of a
33 driving-under-the-influence program described in Section 13352,
34 and the driving-under-the-influence program is cif the length
35 required under paragraphs(1) to (7�, inclusive, of subdivision (a)
36 oj'Section 13352.
37 (c) For the purposes of this section, "state"includes a'foreign
38 province or country.
39 SEC. 10. Section 13353.7 of the Vehicle Code is amended to
40 read:
99
.........................................................................................
................................................. ..........
.......................................................................................................
................................................................................................................................
. .........................................................................................................
........................................
SB 1697 —24-
1 13353.7. (a) Subject to subdivision. (c) and except as
2 provided in Section 13353.6 for persons who have commercial
3 driver's licenses, if the person whose driving privilege has been
4 suspended under Section 13353.2 has not been convicted of, or
5 found to have committed, a separate violation of Section 23103,
6 as specified in Section 23103.5,Section 23140, 23152, or 23153
7 of this code,or Section 191.5 or paragraph(3)of subdivision(c)
8 of Section 192 of the Penal Code,and if the person's privilege to
9 operate a motor vehicle has not been suspended or revoked
10 pursuant to Section 13353 or 13353.2 for an offense Whie that
11 occurred on a separate occasion within seven years of the occasion
12 in question and, if the person subsequently enrolls in a-pro�
13 deseribe4 itt Seefiett 41834.3 of the 11ealth aftd Safety Code,
14 purstiam to driving-under-the-influence program licensed under
15 Section 11836 of the Health and Safety Code, as described in
16 subdivision(b)of Section 23538,that person,if 21 years of age or
17 older at the time the offense occurred,may apply to the department
18 for a restricted driver's license limited to travel to and from the
19 activities required by the program or and to and from and in the
20 course of the person's employment,
. NotwithstmAi"g 604RAF
21other provisieft of 4w*-, if the persott's restfieted driyef44ieeme
22 to aed f-rarn md ift the eettrse of his or her
23 employment, the per-son's priyilege W operate et raotot vehiele
24 shftll be suspended,9*eef.to the festfietion, for siit morach . After
25 receiving proof of enrollment in the program,and if the person has
26 not been arrested subsequent to the offense for which the person's
27 driving privilege has been suspended under Section 13353.2 for a
28 violation of Section 23103, as specified in Section 23103.5,
29 Section 23140, 23152, or 23153 of this code,or Section 191.5 or
30 paragraph(3)of subdivision(c)of Section 192 of the Penal Code,
31 and if the person's privilege to operate a motor vehicle has not been
32 suspended or revoked pursuant to Section 13353 or 13353.2 for an
33 offense whieh that occurred on a separate occasion,
34 notwithstanding Section 13 55 1, the department shall,after review
35 pursuant to Section 13557, suspend the person's privilege to
36 operate a motor vehicle for 30 days and then issue the person a
37 restricted driver's license under the following conditions:
38 (1) The program shall report any failure to participate in the
39 program to the department and shall certify successful completion
40 of the program to the department.
99
...........................................................................
................................................................................
-25— SB 1697
1 (2) The person was 21 years of age or older at the time the
2 offense occurred and gives proof of financial responsibility as
3 defined in Section 16430.
4 (3) The mstrieted Myer's
5
6 pfegmm restriction,shall be imposed for a period o f;j`ive months.
7 (4) If any person who has been issued a restricted license under
8 this section fails at any time to participate in the program, the
9 department shall suspend the restricted license immediately. The
10 department shall give notice of the suspension under this
1 i paragraph in the same manner as prescribed in subdivision(b)of
12 Section 13353.2 for the period specified in Section 1.33 which
13 is effective upon receipt by the person.
14 (5) Ott or ftfier 60 days after the effiet4ve dftte of theiest4eted
15
16 program, the departfnerA tweshketed&iyer's
17 to the perseer.
18 (b)
19
20 '
21
22 Notwithstanding subdivision(a) and upon a conviction of Section
23 23152 or 23153, the department shall suspend or revoke the
24 person's privilege to operate
25 a motor vehicle under Section 13352.
26 (c) If the holder sof a commercial driver's license was operating
27 a commercial vehicle,as defined in Section 15210,at the time of
28 the violation,that resulted in the suspension of that person's
29 driving privilege under Section: 13353.2, the department shall,
30 pursuant to this section,if the person is otherwise eligible,issue the
31 person a class C driver's license restricted in the same manner and
32 subject to the same conditions as specified in subdivision (a),
33 except that the license tel#may not allow travel to and from or in
34 the course of the person's employment,
35 (d) This section does not appy to a person whose driving
36 privilege has been suspended or revoked pursuant to the efder-
37 the eouA e Section 13353 or 13353.2 for an offense whiek that
38 occurred on a separate occasion., or as a result of a conviction of
39 a separate violation of Section. 23103, as specified in Section
40 23103.5, or Section 23140, 23152, or 23153, which violation
99
..............................................................................................................................................
.....................................................
SB 1697 —26-
1 occurred within seven years of the offense in question. This
2 subdivision shall be operative only so long as a one-year
3 suspension of the driving privilege for a second or subsequent
4 occurrence or offense, with no restricted or hardship licenses
5 permitted, is required by Section 408 or 410 of Title 23 of the
6 United States Code.
7 SEC. 11. Section 13354 of the Vehicle Code is repealed.
8 13354. (a) NehvAMaftdi"g Seefiett 13366, if(4)m ftbstfa
9 of eanyiefien is fee_�A L-A,_
R.--department faf an effe"e whi
10 requires the dep-EIA.-MMM -nd,ef feyoke the pfivilege
11 to epmte et faoter Yeltiel F afier eaffvietien of fifidiftg
12 of aviolmien pw *-A Seeptx;_�-.. 3.3-362 or- 13352.5, (2 here
13 .-4 t4tat persee's privi4ege to operate a "totef N,eh
14 etiready in effeet for refitst4 to eemew to,or for failtre to eemplete
15 a ehentiettl test pitr-stiam to Seetiort 14 3 54 or ft stispettgiett alre&dy
16 in effeet for driving with att emeessi-ve a4eehel eemem in t
17 perseft's blood pursumtt to Seetieft 13353.2,(3)dtoA stispensi"16
18 etidminiitratively final and resulted ffem the same affest,aftd-f4)
19 the sen"eiftg eetwt orden these restrietiefts,
20 or, a eembimftieft thereof W ran eanseetgivel�- dtien
21 the re etten, st"Peftsieft, or reyeeatieft resWfing &efn the
2 2 e—onvietieft or fiftding pue-uftftt te seefieft _'_2 or 4 3 3 5 2.5 shag
23 eemmettee aftef the suspettsieft a4ready in effeet persumt to
24 Seefieft 13353 or 13353.2 has wrmifwfed, e3teept as provided-Mi
25 subdivisiert (e) ef Seetion 13353.3.
26 (b) Netwidtstanding Seetiatt 43366, if(1) the depttrtment is
27 feqttifed to suspend ft persett's privilege to opefate a tnater vehiele
28 r f e'Risal -eengent to,or Rw failuft to eaffiplete,a ehemital te.st.
29 ptirstmnt to Seet4en 13353 or-to suVelld a per-son's privilege to
30 epefate a fnater veMele ft)f dfivitig with an eiteessiYe ti4e&he4
31 eemew itt the persoft's blood purstmnt to Seetion 13353.2, (4)
32 there is et festfietiett, sus ev,&eatiett of the perstm'ss
33 pfivilege to eperate -A �.._Awef veehiele f4feady in egaet fef--a
34 een2vietion of finding af a -violation pffsttant to Seetion 13362 of
35 , ftnd (3) the
36 setilefteing eourt ariders these festrietions, i
37 feyeeations, of a eenthination. thereof t-0 ftm eonseettti-vel�-, then
38 the suspensieft for fefusal -eense.-A of fef f:6ilufe to ieewiplewe-,
39 the ehemieal test pursuant*W Sveetlft 53 ei the suspensieft-of
40 that per-seft's Privilege to o. if ve..-.e alfeady i ef&,�t
99
.............I.......................-
.........................................................................................
........................
-27— SB 1697
1pefsen's blood
2 pwsufffA to Seetion 13353.2 sheff eommenee aftef the restrietieft;
3 x
4 ,
5 .
6 (e) The pwpese of this seetieft is to require dmt M
7 y
8 fevemieft tin-le—i __ 13352 or 14452-5 fesulting _r___.
9
10 se ordemd by the eetirt.
11 SEC. 12. Section 13354 is added to the Vehicle Code,to read:
12 13354. (a) The department shall immediately suspend the
13 privilege of a person to operate a motor vehicle upon receipt of an
14 abstract of the record of a court showing that the person has been
15 convicted of a violation of subdivision (a) of Section 23109, as
16 follows:
17 (1) For a conviction or finding of a violation of subdivision(a)
18 of Section 23109,punishable under subdivision(e)of that section,
19 the privilege shall be suspended for 90 days to six months if, and
20 as so ordered by the court.
21 (2) For a conviction or finding of a violation of subdivision(a)
22 of Section 23109, punishable under subdivision(f)of that section,
23 the privilege shall be suspended;for a period of six months, if the
24 court orders the department to suspend the privilege.The privilege
25 may not be reinstated until the person gives proof of financial
26 responsibility, as defined in Section 16430.
27 (b) For the purposes of this section, the finding of a juvenile
28 court judge, a juvenile hearing officer, or a referee of a juvenile
29 court of a commission of a violation of subdivision(a)of Section
30 23109 is a conviction.
31 (c) A judge of a juvenile court, juvenile hearing officer, or
32 referee of a juvenile court shall immediately report the findings
33 specified in this section to the department.
34 SEC, 13. Section 13954 of the Vehicle Code is amended to
35 read:
36 13954. (a) Notwithstanding any other provision of this code,
37 the department immediately shall suspend or revoke the driving
38 privilege of any person who the department has reasonable cause
39 to believe was in some manner involved in an accident while
99
SB 1697 —28-
1 operating a motor vehicle under the following circumstances at the
2 time of the accident:
3 (1) The person had 0.08 percent or more,by weight,of alcohol
4 in his or her blood.
5 (2) He or she proximately caused the accident as a result of any
6 act prohibited,or the neglect of any duty imposed, by law.
7 (3) The accident occurred within five years of the date of a
8 violation of paragraph(3)of subdivision(c)of Section 192 of the
9 Penal Code whieh that resulted in a conviction.
10 (b) if an accident described in subdivision(a)does not result in
1.1 a conviction or finding of violation of Section.23152 or 2.3153,the
12 department shall suspend the driving privilege under this section
13 for one year from the date of commencement of the original
14 suspension. After the one-year suspension period, the driving
15 privilege may be reinstated if evidence establishes to the
16 satisfaction of the department that no grounds exist that would
17 authorize the refusal to issue a license and that reinstatement of the
18 driving privilege would not jeopardize the safety of the person or
19 other persons upon the highways,and if the person gives proof of
20 financial responsibility, as defined.in Section 16430.
21 (c) If an accident described in subdivision(a)does result in a
22 conviction or finding of a violation of Section 23152 or 23153,the
23 department shall revoke the driving privilege under this section for
24 three years from the date of commencement of the original
25 revocation. Atter the three-year revocation period, the driving
26 privilege may be reinstated if evidence establishes to the
27 satisfaction of the department that no grounds exist that would
28 authorize the refusal to issue a license and:that reinstatement of the
29 driving privilege would not jeopardize the safety of the person:or
30 other persons upon the highways,and ifthe person gives proof of
31 financial responsibility.
32 (d) Any revocation action under subdivision (c) shall be
33 imposed as follows:
34 (1) If the accident results in a first conviction of a violation of
35 Section 23152 or 23153, or if the person was convicted of a
36 separate violation of Section 23152 or 23153 which occurred
37 within five years of the accident, the period of revocation under
38 subdivision(c)shall be concurrent with any period of restriction,
39 suspension,or revocation imposed under Section 13352, 13352.4,
40 or 13352.5.
99
.......................................................................................................................................................................
...............................................................................
...................
—29— SB 1697
1 (2) If the person was convicted of two or more separate
2 violations of Section 23152 or 23153,or both,whieh that occurred
3 within five years of the accident, the period of revocation under
4 subdivision (c) shall he cumulative and shall be imposed
5 consecutively with any period of restriction, suspension, or
6 revocation imposed under Section 13352 or 13352.5.
7 (e) The department immediately shall notify the person in
8 writing of the action taken and, upon the person's request in
9 writing and within 15 days from the date of receipt of that request,
10 shall grant the person an opportunity for a hearing in the same
I I manner and under the same conditions as provided in Article 3
12 (commencing with Section 14100) of Chapter 3, except as
13 otherwise provided in this section. For purposes of this section,the
14 scope of the hearing shall cover the following issues:
15 (1) Whether the peace officer had reasonable cause to believe
16 the person had been driving a motor vehicle in violation of Section
17 23152 or 23153.
18 (2) Whether the person had been placed under lawful arrest.
19 (3) Whether a chemical test of the person's blood, breath, or
20 urine indicated that the blood-alcohol level was 0.08 percent or
21 more, by weight,at the time of testing.
22 If the department determines,upon a hearing of the matter,that
23 the person had not been placed under lawful arrest, or that a
24 chemical test of the person's blood,breath,or urine did not indicate
25 a blood-alcohol level of 0.08 percent or more, by weight, at the
26 time of testing, the suspension or revocation shall be terminated
27 immediately.
28 (f) This section is ap iece applies if the accident occurred on
29 or after January 1, 1990, without regard for the dates of the
30 violations referred to in subdivisions(a) and(d).
31 (g) Notwithstanding subdivision(f), if a person's privilege to
32 operate a motor vehicle is required to be suspended or revoked
33 pursuant to this section as it read before January .1, 1990,as a result
34 of an accident whieh that occurred before January 1, 1990, the
35 privilege shall be suspended or revoked pursuant to this section as
36 it read before January .1, 1990.
37 SEC. 14. Section 14601.2 of the Vehicle Code is amended to
38 read:
39 14601.2. (a) No person shall drive a motor vehicle at any
40 time when that person's driving privilege is suspended or revoked
99
..................... .....................................................................
1 11 .................................................................................................
SB 1697 —30-
1
30-1 for a conviction of a violation of Section 23152 or 23153 if the
2 person so driving has knowledge of the suspension or revocation.
3 (b) Except in full compliance with the restriction, no person
4 shall drive a motor vehicle at any time when that person's driving
5 privilege is restricted,if the person so driving has knowledge of the
6 restriction.
7 (c) Knowledge of suspension or revocation of the driving
8 privilege shall be conclusively presumed if mailed notice has been
9 given by the department to the person pursuant to Section 13106.
10 Knowledge of restriction of the driving privilege shall be
1.1 presumed if notice has been given by the court to the person. The
12 presumption established by this subdivision is a presumption
13 affecting the burden of proof.
14 (d) .Any person convicted of a violation of this section.shall be
15 punished as follows:
16 (1) Upon a first conviction,by imprisonment in the county jail
17 for not less than 10 days or more than six months and by a fine of
18 not less than three hundred dollars ($300) or more than one
19 thousand dollars(S 1,000). unless the person has been designated
20 an habitual traffic Offender under subdivision (b) of Section
21 23546,subdivision{b)(d) of Section 23550, or subdivision(b)of
22 Section 23550.5, in which case the person, in addition, shall be
23 sentenced as provided in paragraph (3) of subdivision (e) of
24 Section 14601.3.
25 (2) If the offense occurred within five years of a prior offense
26 that resulted in a conviction of a violation of this section or Section
27 14601, 14601.1,or 14601,5,by imprisonment in the county jailfor
28 not less than 30 days or more than one year and by a fine of not less
29 than five hundred dollars($500)or more than two thousand dollars
30 ($2,000),unless the person has been designated an habitual traffic
31 offender cinder subdivision(b) of Section 23546 , subdivision
32 (b) of Section. 23550, or subdivision (d) of Section 23550.5, in
33 which case the person, in addition,shall be sentenced as provided
34 in paragraph(3) of subdivision(e)of Section 14601.3.
35 (e) if fffty a person is convicted of a first offense under this
36 section and is granted probation, the court shall impose as a
37 condition of probation that the person be confined in the county jail
38 for at least 10 days.
39 (f) If the offense occurred within five years of a prior offense
40 that resulted in a conviction of a violation of this section or Section
99
-31 — SB 1697
1 14601, 14601.1, or 14601.5 and is granted probation, the court
2 shall impose as a condition of probation that the person be
3 confined in the county jail for at least 30 days.
4 (g) If any person is convicted of a second or subsequent offense
5 that results in a conviction of this section within seven years,but
b over five years, of a prior offense that resulted in a conviction of
7 a violation of this section or Section 14601, 1460'1.1, or 14601.5
8 and is granted probation, the court shall impose as a condition of
9 probation that the person be confined in the county jail for at least
10 10 days.
1.1 (h) Pursuant to Section 23575, the court shall require any
12 person convicted of a violation of this section to install a certified
13 ignition interlock device on any vehicle the person awns or
14 operates.
15 (i) Nothing in this section prohibits a person who is
16 participating in,or has completed,an alcohol or drag rehabilitation
17 program from driving a motor vehicle that is owned or utilized by
18 the person's employer, during the course of employment on
19 private property that is owned or utilized by the employer,except
20 an offfstreet parking facility as defined in subdivision(c)of Section
21 12504,
22 SEC. 15. Section 23109 of the Vehicle Code is amended to
23 read:
24 23109. (a) Ne A person shall not engage in any motor vehicle
25 speed contest on a highway. As used in this section,a motor vehicle
26 speed contest includes a motor vehicle race against another
27 vehicle, a clock, or other timing device. For purposes of this
28 section,an event in which the time to cover a prescribed route of
29 more than 20 miles is measured, but where the vehicle does not
30 exceed the speed limits, is not a speed contest.
31 (b) No A person shall not aid or abet in any motor vehicle speed
32 contest on any highway.
33 (c) Ne A person shall not engage in any motor vehicle
34 exhibition of speed on a highway,and no person shall aid or abet
35 in any motor vehicle exhibition of speed on any highway.
36 (d) No Aperson shall not for the purpose of facilitating or
37 aiding or as an incident to any motor vehicle speed contest or
38 exhibition upon a highway in any manner obstruct or place any
39 barricade or obstruction or assist or participate in placing any
40 barricade or obstruction upon any highway.
99
l
SB 1697 —32-
1
----32-1 (e) Afty A person convicted of a violation of subdivision (a)
2 shall be punished by imprisonment in the county jail for not less
3 than 24hours nor more than 90 days or by a fine of less than
4 three hundred fifty-five-five dollars($355)nor more than one thousand
5 dollars($1,000)or both that fine and imprisonment. The person's
6 privilege to operate a motor vehicle shall be subject to suspension
7 as provided in subdivision (a) of Section 43352 .13354. The
8 person's privilege to operate a motor vehicle may be restricted for
9 90 days to six months to necessary travel to and from that person's
10 place of employment and, if driving a motor vehicle is necessary
I l to perform the duties of the person's employment, restricted to
12 driving in that person's scope of employment. This subdivision
13 does not interfere with the court's power to grant probation in a
14 suitable ease.
15 (f) Any A person convicted of a violation of subdivision(a)for
16 an offense.e that occurred within five years of the date of a
17 prior offense-M that resulted in a conviction of a violation of
18 subdivision(a) shall be punished by imprisonment in the county
19 jail for not less than four days nor more than six months and by a
20 fine of not less than five hundred dollars($500)nor more than one
21 thousand dollars($1,000).Additionally,the Department of Motor
22 Vehicles shall either suspend the person's privilege to operate a
23 motor vehicle,as provided in subdivision (a) of Section 44452
24 13354,or the person's privilege to operate a motor vehicle shall be
25 restricted for six months to necessary travel to and from that
26 person's place of employment and, if driving a motor vehicle is
27 necessary to perforin the duties of the person's employment,
28 restricted to driving, in that person's scope of employment. This
29 subdivision does not interfere with the court's power to grant
30 probation in a suitable case.
31 (g) if the court grants probation to tmy a person punishable
32 under subdivision(f), in addition to the provisions of subdivision
33 (f)and any other terms and conditions imposed by the court,which
34 may include a fine, the court shall impose as a condition. of
35 probation that the person be confined in the county jail for not less
36 than 48 hours nor more than six months. The person's privilege to
37 operate a motor vehicle shall also be suspended by the Department
38 of Motor Vehicles pursuant to subdivision(a)of Section 13352 e
39 13354.
-33— SB 1597
1 (h) Ifs a person is convicted of a violation of subdivision(a)
2 and the vehicle used in the violation.is registered to that person,the
3 vehicle may be impounded at the registered owner's expense for
4 not less than.one day nor more than 30 days.
5 (i) Any A person who violates subdivision(b),(c),or(d)of this
6 section shall upon conviction thereof be punished by
7 imprisonment in the county jail for not more than 90 days or by
8 fine of not more than five hundred dollars ($500)or by both that
9 fine and imprisonment.
10 (j) If a person's privilege to operate a motor vehicle is restricted
11 by a court pursuant to this section,the court shall clearly mark the
12 restriction and the dates of the restriction on that person's driver's
13 license and promptly notify the Department of Motor Vehicles of
14 the terms of the restriction in a manner prescribed by the
15 department. The Department of Motor Vehicles shall place that
16 restriction in the person's records in the Department of Motor
17 Vehicles and enter the restriction on any license subsequently
18 issued by the Department of Motor Vehicles to that person during
19 the period of the restriction.
20 (k) The court may order that any a person convicted under this
21 section,who is to be punished by imprisonment in the county}ail,
22 be imprisoned on days other than days of regular employment of
23 the person,as determined by the court.
24 (l) This section shall be known and may be cited as the Louis
25 Friend Memorial Act.
26 SEC. 16. Section 23109.5 of the Vehicle Code is amended to
27 read:
28 23109.5. (a) In any case charging a violation of subdivision
29 (a) of Section 23109 ate, where the offense occurs within five
30 years of one or more prior offenses wriest that resulted in
31 conviction of a violation of subdivision(a)of Section 23109,the
32 court shall not strike any prior conviction of those offenses for
33 purposes of sentencing in order to avoid imposing,as part of the
34 sentence or term of probation, the minimum time of
35 imprisonment, as provided in subdivision (f)of Section.23109,or
36 for purposes of avoiding revocation,suspension, or restriction of
37 the privilege to operate a motor vehicle, as provided in Section
38 13352 13354 or 23109.
39 (b) In any case charging a violation of subdivision (a) of
40 Section 23109,the court shall obtain a copy of the driving record
SB 1697-34-
1
--34 -
1 of the person charged from the DepeitmetA of Motor Vehiele
2 department and may obtain any records from the Department of
3 Justice or any other source to determine if one or more prior
4 convictions of the person for violation of subdivision (a) of
5 Section 23109 have occurred within five years of the charged
6 offense.
7 SEC. 17. Section 23521 of the Vehicle Code is amended to
8 read:
9 23521. Any finding of a juvenile court judge,juvenile hearing
10 officer,or referee of'a juvenile court of a commission of an offense
11 in any state, territory,possession of the United States,the District
12 of Columbia,the Commonwealth of Puerto Rico,or the Dominion
13 of Canada whie that, if committed in this state, would be a
14 violation of Section 23152,is a conviction of a violation of Section
15 23152 for the purposes of Sections 13352, 13352.3, 13352.4, and
16 13352.5, and the finding ofa juvenile court judge,juvenile hearing
17 officer,or referee of a juvenile court of a commission of an offense
18 whieh that, if committed in this state, would be a violation of
19 Section 23153 is a conviction of a violation of Section 23153 for
20 the purposes of Sections 13352 and 13352.3.
21 SEC. 18, Section 23536 of the Vehicle Cade is amended to
22 read:
23 23536. (a) If afty a person is convicted of a first violation of
24 Section 23152,that person shall be punished by imprisonment in
25 the county jail for not less than 96 hours,at least 48 hours of which
26 shall be continuous,nor more than sic months, and by a fine of not
27 less than three hundred ninety dollars($390), nor more than one
28 thousand dollars($1,000).
29 (b) The court shall order that wty a person punished under
30 subdivision (a), who is to be punished by imprisonment in the
31 county jail, be imprisoned on days other than days of regular
32 employment of the person,as determinedby the court.If the court
33 determines' that 48 hours of continuous imprisonment would
34 interfere with the person's work schedule,the court shall allow the
35 person to serve the imprisonment whenever the person is normally
36 scheduled for time off from work. The court may make this
37 determination based upon. a representation from the defendant's
38 attorney or upon an affidavit or testimony from the defendant.
39 (c) Exeept as provided in pafagreph (2) of sttbdivisieft-��
40 Seetion 23538, the The person's privilege to operate a motor
99
-35— SB 1697
1 vehicle shall be suspended by the Depmommew of Mater Vehiele
2 purseant to department under paragraph(1) of subdivision(a)of
3 Section 13352. The court shall require the person to surrender the
4 driver's license to the court in accordance with Section 13550.
5 (d) Whenever, when considering the circumstances taken as a
6 whale, the court determines that the person punished under this
7 section would present a trqf
,fie safety or public safety risk if
8 authorized to operate a motor vehicle during the period ref'
9 suspension imposed under paragraph (1) of subdivision (a) of
10 Section 13352, the court may disallow the issuance vf'a restricted
11 driver's license required under 13352.4.
12 SEC. 19. Section. 23538 of the Vehicle Cade is amended to
13 react:
14 23538. (a) (1) ff the
15 court grants probation to wef person punished under Section
16 23536, in addition to the provisions of Section 23600 and any other
17 terms and conditions imposed by the court,the court shall impose
18 as a condition of probation that the person
19 felleftg�
20
21 more thatt sim menths, and pay a fifte of at least three hffltdr-ed
22 , but not mefe than otte thettsand dollars
23 , '
24
25
26
27 persaft to surfeftder the driver's
28 with Seetirnn 136
29
30 , aftd, if the persoft
�ial � s3�'ic�Y� defined a .� c. �,31 gives proof
32 , ,htwe the privilege we
33
34 ,
35
36 '
37 employment, . 6—-1— AaH allow the pefsett to drive t
38 leeafiefts within the persett's
39
99
SB 1.697 —36-
1
36-
1
2 yeafs.
3
4 ,
5 .
6 '
7 ,
the eatwt ordered fes"n-1-a-
8
9 ..def Seetieft 43353.2 hits either beett sefved to
10 eampletion ef set aside, ftnd his of her heeftse has been feinsftttet�
1.1 The restrietion of the driver's
12 shall eenimettee upen the reinswement of the privilege to operffte
13 et mater-vehiele-.
14
15 __ __.2, the penatt shaH be__.____by the --_______the '
16
17
18 fespeasibility is previde pay a fine of at least three hundred ninety
19 dollars ($390), but not more than one thousand dollars ($1,000).
20 The court may also impose, as a condition of probation, that the
21 person be confined in a county jail for at least 48 hours, but not
22 more than six months.
23 (2) The person's privilege to operate a motor vehicle shall be
24 suspended by the department under paragraph (1) of subdivision
25 (a) of Section 13352. The court shall require the person to
26 surrender the driver's license to the court in accordance with
27 Section 13350.
28 (3) Whenever, when considering-the circumstances taken as a
29 whole, the court determines that the person punished under this
30 section would present a traffic safety or public safety risk if
31 authorized to operate a motor vehicle during the period of
32 suspension imposed under paragraph (1) of subdivision (a) of
33 Section 13352, the court may disallow the issuance ofa restricted
34 driver's license required under 13352.4.
35 (b) In any county where the board of supervisors has approved,
36 and the State Department of Alcohol and Drug Programs has
37 licensed, a program or programs described in Section. 11837.3 of
38 the Health and Safety Code, the court shall also impose as a
39 condition of probation that the driver shall enroll and participate
40 in, and successfully complete a driving-under-the-influence
99
_...._.. .._...... ......... ......... ..._......._. _.. ........
. ..... ....._................_.. ......... .._..._.. ......... ......... ......... ......... ......... ......__.
_. __. ......... _....... ........................
—37— SB 1697
1 program, licensed pursuant to Section 11836 of the Health and
2 Safety Code, in.the driver's county of residence or employment,
3 as designated by the court. For the purposes of this subdivision,
4 enrollment in, participation in, and completion of an approved
5 program shall be subsequent to the date of the current violation.
6 Credit may not be given for any program activities completed prior
7 to the date of the current violation.
8 (1) The court shall refer a first offender whose blood-alcohol
9 concentration was less than 0.20 percent, by weight, to participate
10 for at least three months or longer, as ordered by the court, in a
I l licensed program that consists of at least 30 hours of program
12 activities, including those education, group counseling, and
13 individual interview sessions described in Chapter 9(commencing
14 with Section 11836) of Part 2 of Division 10.5 of the Health and
15 Safety Code.
16 (2) The court shall refer a first offender whose blood-alcohol
17 concentration was 0.20 percent or more,by weight,or who refused
18 to take a chemical test, to participate for at least six months or
19 longer,as ordered by the court, in a licensed program that consists
20 of at least 45 hours of program activities, including those
21 education, group counseling, and individual interview sessions
22 described in Chapter 9(commencing with Section 11836)of Part
23 2 of Division 10.5 of the Health and Safety Code.
24 (3) The court shall advise the person at the time of sentencing
25 that the driving privilege shall not be restored until the person has
26 provided proof satisfactory to the
27 department of successful completion of a
28 driving-under-the-influence program of the length required under
29 this code that is licensed pursuant to Section 11836 of the Health
30 and Safety Code.
31 (c) (1.) The court shall revoke the person's probation pursuant
32 to Section 23602,except for good cause shown, for the failure to
33 enroll in, participate in, or complete a program specified in
34 subdivision (b).
35 (2) The court, in establishing reporting requirements, shall
36 consult with the county alcohol program administrator. The
37 county alcohol program administrator shall coordinate the
38 reporting requirements with the department and with the State
39 Department of Alcohol and Drug Programs. That reporting shall
40 ensure that all persons who, after being ordered to attend and
99
� l i
SB 1697 —38-
1
-----38-1 complete a program, may be identified for either (A) failure to
2 enroll in, or failure to successfully complete,the program, or(B)
3 successful completion of the program as ordered.
4 ,if _
5 '
7 ,
8
9 13362:
10 SEC. 20. Section 23540 of the Vehicle Code is amended to
I1 read:
12 23540. (a) If fmy a person is convicted of a violation of
13 Section 23152 and the offense occurred within seven years of a
14 separate violation of Section 23103, as specified in Section
15 23103.5, 23152,or 23153,.-pie that resulted in a conviction,that
16 person shall be punished by imprisonment in the county jail for not
17 less than 90 days nor more than one year and by a fine of not less
18 than three hundred ninety dollars ($390) nor more than one
19 thousand dollars ($1,000). The person's privilege to operate a
20 motor vehicle shall be suspended by the Depan"tent of Mate
21 Vehieles department pursuant to paragraph(3)of subdivision(a)
22 of Section 13352. The court shall require the person to surrender
23 the driver's license to the court in accordance with Section 13550.
24 (b) Whenever, when considering the circumstances taken as a
25 whole, the court determines that the person punished under this
26 section would present a traffic safety or public safety risk if
27 authorized to operate a motor vehicle during the period of
28 suspension imposed under paragraph (3) of subdivision (a) Qf
29 Section 13352, the court may disallow the issuance of a restricted
30 driver's license required under 13352.5.
31 SEC. 21. Section 23542 of the Vehicle Code is amended to
32 read:
33 23542. (a) (1) If the court grants probation to emy a person
34 punished under Section 23540, in addition to the provisions of
35 Section 23600 and any other terms and conditions imposed by the
36 court, the court shall impose as conditions of probation that the
37 person be ,
38
39 , )f at least thfee hundred ni"
40 , .
9y
......... ......... ......... ......... .......
_ ... __............ ......... ......... .._...... ......... ......... ......... ......... ......... ......... _
_ _. _. . _. _.... ......... .........
—39— SB 1.697
1 The per '
2
3 .
4 '
5 aeeefdanee with Seetion 13550.
6 (b) AH of t the fellewing.
7 (4) Be eaftfined in the eett-0-- --Ht least 96 hettm,betne
8
9
14 eaeh.
11
12 ,
13 ,
14
16 '
,the
ti
17
18
19
20 '
21 ceetio 15249-.
22 (4) Either of the fallowittgr
23 6k –confined in county jail and,fined under either of the
24 folio wing:
25 (A) For at least 10 days, but not more than one year, and pay
26 a fine of at least three hundred ninety dollars ($390), but not more
27 than one thousand dollars ($1,000).
28 (B) For at least 96 hours, but not more than one year, and pay
29 a fine of at least three hundred ninety dollars (`390), but not more
30 than one thousand dollars ($1,000). A sentence of 96 hours of
31 confinement shall be served in two increments consisting of a
32 continuous 48 hours each. The two 48-hour increments may be
33 served nonconsecutively.
34 (2) The person's privilege to operate a motor vehicle shall be
35 suspended by the department under paragraph (3) of subdivision
36 (u) c?f Section 13352. The court shall require the person to
37 surrender the driver;s license to the court in accordance with
38 Section 13550.
39 (b) In addition to the conditions specified in subdivision (a), the
40 court shall require the person to do either oj'the.following:
99
_..._... ......... ......... ......... ......... ......... ...._....
. ....... ......_....... _........ ......... ..._..... ......... ......... ........ ......... ......... .....................
_. ......... ......... ......... .........
SB 1697 —40-
1
40-
1 (1) Enroll and participate, for at least 18 months subsequent to
2 the date of the underlying violation and in a manner satisfactory
3 to the court, in a driving-under-the,-influence program licensed
4 pursuant to Section 1.1836 of the Health and Safety Code, as
5 designated by the court. The person shall complete the entire
6 program subsequent to, and shall not be given any credit for any
7 program activities completed prior to, the date of the current
8 violation. The program shall provide for persons who cannot
9 afford the program lee pursuant to paragraph(2)of subdivision(b)
10 of Section 11837.4 of the Health and Safety Code in order to
11 enable those persons to participate.
12 �B)
13 (2) Enroll and participate, for at least 30 months subsequent to
14 the date of the underlying violation and in a manner satisfactory
15 to the court, in a driving-under-the-influence program licensed
16 pursuant to Section 11836 of the Health and Safety Code. The
17 person shall complete the entire program subsequent to,and shall
18 not be given any credit for any program activities completed prior
19 to, the date of the current violation.
20 (c) The court shall advise the person at the time of sentencing
21 that the driving privilege shall not be restored until the person has
22 provided proof satisfactory to the Department of Motor Vehicles
23 of successful completion of a driving-under-the-influence
24 program of the length required under this code licensed pursuant
25 to Section 11836 of the Health and Safety Code.
26 (d) Whenever, when considering the circumstances taken as a
27 whole, the court determines that the person punished under this
28 section would present a traffic safety or public safety risk if
29 authorized to operate a motor vehicle during the period of
30 suspension imposed under paragraph (3) of subdivision (a) of
31 Section 13352, the court may disallow the issuance ofa restricted
32 driver's license required under Section 13352.5.
33 SEC. 22. Section 23548 of the Vehicle Code is amended to
34 read:
35 23548. (a) (1) If the court grants probation to any person
36 punished under Section 23546, in addition to the provisions of
37 Section 23640 and any other terms and conditions imposed by the
38 court, the court shall impose as conditions of probation that the
39 person be confined in the county jail for at least 120 days but not
40 more than one year and pay a fine of at least three hundred ninety
99
-41 — SB 1.697
1 dollars ($390) but not more than one thousand dollars ($1,000).
2 =fie
3 (2) The person's privilege to operate a motor vehicle shall be
4 revoked by the
5 department under paragraph (5) of subdivision (a) of Section
6 13352. The court shall require the person to surrender the driver's
7 license to the court in accordance with Section 13550.
8 (b) In addition to subdivision(a), if the court grants probation
9 to any person.punished under Section 23546, the court may order
10 as a condition of probation that the person participate, for at least
11 30 months subsequent to the underlying conviction and in a
12 manner satisfactory to the court, in a driving-under-the-influence
13 program licensed pursuant to Section 11836 of the Health and
14 Safety Code. In lieu of the minimum term of imprisonment
15 specified in subdivision(a),the court shall impose as a condition
16 of probation under this subdivision that the person be confined in
17 the county jail for at least 30 days but not more than one year. The
18 court shall not order the treatment prescribed by this subdivision
19 unless the person makes a specific request and shows good cause
20 for the order,whether or not the person has previously completed
21 a treatment program pursuant to paragraph(4)of subdivision(b)
22 of Section 23542 or paragraph (4) of subdivision (b) of Section
23 23562.
24
25 the eetw, at the eatielesion of the program to obtain the eattWs
26
27 satisfftetiett by the may 4te program issue its eer6fieate of
28 stteeessfttl aftd report the eampletion to thee
29
30
31 . In order to enable all required
32 persons to participate, each person shall pay the program costs
33 commensurate with the person's ability to pay as determined
34 pursuant to Section 11837.4 of the Health and Safety Code. No
35 condition of probation. required pursuant to this subdivision is a
36 basis for reducing any other probation requirement in this section
37 or Section 23600 or for avoiding the mandatory license revocation
38 provisions of paragraph(5) of subdivision(a) of Section 13352.
39 (c) In addition to the provisions of Section 23600 and
40 subdivision (a), if the court grants probation to any person
99
i
SB 1697 —42-
1
42-1 punished under Section 23546 who has not previously completed
2 a treatment program pursuant to paragraph(4)of subdivision(b)
3 of Section 23542 or paragraph (4) of subdivision. (b) of Section
4 23562, and unless the person is ordered to participate in and
5 complete a driving-under-the-influence program under
6 subdivision(b),the court shall impose as a condition of probation
7 that the person, subsequent to the date of the current violation,
8 enroll and participate, for at least 18 months and in a manner
9 satisfactory to the court, in a driving-under-the-influence program
10 licensed pursuant to Section 11836 of the Health and Safety Code,
1 l as designated by the court. The person shall complete the entire
12 program subsequent to, and shall not be given any credit for
13 program activities completed prior to, the date of the current
14 violation. Any person who has previously completed a 12-month
15 or 18-month program licensed pursuant to Section 11836 of the
16 Health and Safety Code shall not be eligible for referral pursuant
17 to this subdivision unless a 30-month licensed
18 driving-under-the-influence program is not available for referral
19 in the county of the person's residence or employment. The
20 program shall provide for persons who cannot afford the program
21 fee pursuant to paragraph(2)of subdivision(b)of Section 11837.4
22 of the Health and Safety Code in order to enable those persons to
23 participate. No condition of probation required pursuant to this
24 subdivision is a basis for reducing any other probation requirement
25 in this section or Section 23600 or for avoiding the mandatory
26 license revocation provisions of paragraph(5) of subdivision (a)
27 of Section 13352.
28 (d) The court shall advise the person at the time of sentencing
29 that the driving privilege may not be restored until the person
30 provides proof satisfactory to the department of successfid
31 completion of a driving-under-the-influence program of the length
32 required under this code that is licensed pursuant to Section 11836
33 of the Health and Safety Code.
34 SEC. 23. Section 23552 of the Vehicle Code is amended to
35 read:
36 23552. (a) (1) If the court grants probation to a person
37 punished under Section 23550, in addition to the provisions of
38 Section 23600 and any other terms and conditions imposed by the
39 court, the court shall impose as conditions of probation that the
40 person be confined in a county jail for at least 180 days but not
99
I
_.. _........ ......_.. ......... ..._.....
.. ........_. ......_.._.. ......... ......... ......... ......... ......... ............_.....
_. ._.. . _. ......... ......... ......... ...................
.._........._.........__...............
—43— SB 1697
1 more than one year and pay a fine of at least three hundred ninety
2 dollars ($390) but not more than one thousand dollars ($1,000).
3
Pie-
4 (2) The person's privilege to operate a motor vehicle shall be
5 revolted by the
6 department under paragraph (7) of subdivision (a) of Section
7 13352. The court shall require the person to surrender the driver's
8 license to the court in accordance with Section 13550.
9 (b) In addition.to subdivision(a), if the court grants probation
10 to any person punished under Section 23550, the court may order
11 as a condition of probation that the person participate, for at least
12 30 months subsequent to the underlying conviction and in a
13 manner satisfactory to the court, in a driving-under-the-influence
14 program licensed pursuant to Section 11836 of the Health and
15 Safety Code. In lieu of the minimum term of imprisonment in
16 subdivision(a), the court shall impose as a condition of probation
17 under this subdivision that the person be confined in the county jail
18 for at least 30 days but not more than one year.The court shall not
19 order the treatment prescribers by this subdivision unless the
20 person makes a specific request and shows good cause for the
21 order, whether or not the person has previously completed a
22 treatment program pursuant to paragraph(4)of subdivision(b)of
23 Section 23542 or paragraph (4) of subdivision (b) of Section
24 23562.
25 • , as designated by
26 ,
27
28 satisfaetieft by the eo--- may the pragmm issue its eeftifieate of
24
30
31
32 pfe ett-In order to enable all required persons to participate,
33 each person shall pay the program costs commensurate with the
34 person's ability to pay as determined pursuant to Section 11837.4
35 of the Health and Safety Code.No condition of probation required
36 pursuant to this subdivision is a basis for reducing any other
37 probation requirement in this section or Section 23640 or for
38 avoiding the mandatory license revocation provisions of
39 paragraph(7) of subdivision(a) of Section 13352.
99
.....................................................................................................
....................................................................................................................
...................
SB 1697 —44-
1 (c) In addition to the provisions of Section 23600 and
2 subdivision (a), if the court grants probation to any person
3 punished under Section 23550 who has not previously completed
4 a treatment program pursuant to paragraph(4)of subdivision(b)
5 of Section 23542 or paragraph (4) of subdivision (b) of Section
6 23562, and unless the person is ordered to participate in, and
7 complete,a program under subdivision(b),the court shall impose
8 as a condition of probation that the person, subsequent to the date
9 of the current violation, enroll in and participate, for at least 18
10 months and in a manner satisfactory to the court, in a
11 driving-under-the-influence program licensed pursuant to Section
12 11836 of the Health and Safety Code, as designated by the court.
13 The person shall complete the entire program subsequent to, and
14 shall not be given any credit for program activities completed prior
15 to,the date of the current violation.Any person who has previously
16 completed a 12-month or 18-month driving-under-the-influence
17 program licensed pursuant to Section 11836 of the Health and
18 Safety Code shall not be eligible for referral pursuant to this
19 subdivision unless a 30-month driving-under-the-influence
20 program licensed pursuant to Section 11836 of the Health and
21 Safety Code is not available for referral in the county of the
22 person's residence or employment. No condition of probation
23 required pursuant to this subdivision is a basis for reducing any
24 other probation requirement in this section or Section 23600 or for
25 avoiding the mandatory license revocation provisions of
26 paragraph(7) of subdivision(a) of Section 13352.
27 (d) The court shall advise the person at the time of sentencing
28 that the driving privilege may not be restored until the person
29 provides proof satisfactory to the department of successful
30 completion of a driving-under-the-influence program of the length
31 required under this code that is licensed pursuant to Section 11836
32 of the Health and Safety Code,
33 SEC. 24. Section 23556 of the Vehicle Code is amended to
34 read:
35 23556. (a) (1) If the court grants probation to any person
36 punished under Section 23554, in addition to the provisions of
37 Section 23600 and any other terms and conditions imposed by the
38 court, the court shall impose as a condition of probation that the
39 person be confined in the county jail for at least five days but not
40 more than one year and pay a fine of at least three hundred ninety
99
....................
..................
...............-.....I...........-......................................................................................
.......................................
—45— SB 1697
1 dollars ($390) but not more than one thousand dollars ($1,000).
2 The
3 (2) The person's privilege to operate a motor vehicle shall be
4 suspended by the DepaftmerA of Metef Vehielea pur-stiant to
5 department under paragraph. (2) of subdivision (a) of Section
6 13352. The court shall require the person to surrender the driver's
7 license to the court in accordance with Section 13550.
8 (b) (1) In any county where the county alcohol program
9 administrator has certified, and the board of supervisors has
10 approved,such a program or programs,the court shall also impose
11 as a condition of probation that the driver shall participate in, and
12 successfully complete, an alcohol and other drug education and
13 counseling program, established pursuant to Section 11837.3 of
14 the Health and Safety Code, as designated by the court.
15 (2) In any county where the board of supervisors has approved
16 and the State Department of Alcohol and Drug Programs has
17 licensed an alcohol and other drug education and counseling
18 program, the court shall also impose as a condition of probation
19 that the driver enroll in,participate in, and successfully complete,
20 a driving-under-the-influence program licensed pursuant to
21 Section 11836 of the Health and Safety Code, in the driver's
22 county of residence or employment, as designated by the court.
23 For the purposes of this paragraph, enrollment in, participation
24 in, and completion of, an approved program shall be subsequent
25 to the date of the current violation. Credit may not be given to any
26 program activities completed prior to the date of the current
27 violation.
28 (3) The court shall refer a first offender whose blood-alcohol
29 concentration was less than 0.20 percent, by weight, to participate
30 for three months or longer, as ordered by the court, in a licensed
31 program that consists of at least 30 hours of program activities,
32 including those education, group counseling, and individual
33 interview sessions described in Chapter 9 (commencing with
34 Section 118-3 6)of Part 2 of*Division 10.5 of the flealth and Safety
35 Code.
36 (4) The court shall refer afirst offender whose blood-alcohol
37 concentration was 0.20 percent or more, liv weight, or who refused
38 to take a chemical test, to participate for six months or longer, as
39 ordered by the court, in a licensed program that consists of at least
40 45 hours of program activities, including those education, group
99
....................................................
SB 1697 —46-
1
46-
1 counseling, and individual interview sessions described in
2 Chapter 9(commencing with Section 11836)of Part 2 0,f Division
3 14.5 of the Health and Sajf ry Code.
4 (c) (1) The court shall revoke the person's probation pursuant
5 to Section 23602,except for goad cause shown, for the failure to
6 enroll in, participate in, or complete a program specified in
7 subdivision(b).
8 (2) The court, in establishing reporting requirements, shall
9 consult with the county alcohol program administrator. The
10 county alcohol program administrator shall coordinate the
11 reporting requirements with the department and with the
12 Department of Alcohol and Drug Programs. That reporting shall
13 ensure that all persons who, after being ordered to attend and.
14 complete a program, may be identified for either (A) failure to
15 enroll in,or failure to successfully complete,the program, or(B)
16 successful completion of the program as ordered.
17 (d) The court shall advise the person at the time of sentencing
18 that the driving privilege shall not be restored until the person has
19 provided proof satisfactory to the
20 department of successful completion of a
21 driving-under-the-influence program of the length required under
22 this code that is licensed pursuant to Section 11836 of the Health
23 and Safety Code.
24 SEC. 25. Section 23562 of the Vehicle Code is amended to
25 read:
26 23562. if the court grants probation to aty a person punished
27 under Section 23560, in addition to the provisions of Section
28 23600 and any other terms and conditions imposed by the court,
29 the court shall impose as conditions of probation that the person
30 be subject to either subdivision(a) or(b), as follows:
31 (a) Be confined in the county jail for at least 120 days and pay
32 a fine of at least three hundred ninety dollars($390),but not more
33 than five thousand dollars ($5,000). The person's privilege to
34 operate a motor vehicle shall be revoked by the lent of
35 Matef Vehieles puneftm department under paragraph (4) of
36 subdivision (a) of Section 13352. The court shall require the
37 person.to surrender the driver's license to the court in accordance
38 with Section 13550.
39 (b) All of the following:
99
-47— SB 1697
1 (1) Be confined in the county jail for at least 30 days, but not
2 more than one year.
3 (2) Pay a fine of at least three hundred ninety dollars($390),but
4 not more than one thousand dollars($1,000).
5 (3) The privilege to operate a motor vehicle shall be revoked by
6 the Depmtment ef Meter Meh department under paragraph(4)
7 of subdivision (a) of Section 13352. The court shall require the
8 person to surrender the driver's license to the court in accordance
9 with Section 13550.
10 (4) Either of the following:
11 (A) Enroll and participate,for at least 18 months subsequent to
12 the date of the underlying violation and in a manner satisfactory
13 to the court, in a driving-under-the-influence program licensed
14 pursuant to Section 11836 of the Health and Safety Code, if
15 available in the county of the person's residence or employment,
16 as designated by the court. The'person shall complete the entire
17 program subsequent to, and shall not be given any credit for
18 program activities completed prior to, the date of the current
19 violation. The program shall provide for persons who cannot
20 afford the program fee pursuant to paragraph(2)of subdivision(b)
21 of Section 11837.4 of the Health and Safety Code in order to
22 enable those persons to participate.
23 (B) Enroll and participate, for at least 30 months subsequent to
24 the date of the underlying violation and in a manner satisfactory
25 to the court, in a driving-under-the-influence program licensed
26 pursuant to Section 11836 of the Health and Safety Code, if
27 available in the county of the person's residence or employment.
28 The person shall complete the entire program subsequent to, and
29 shall not be given any credit for program activities completed prior
30 to, the date of the current violation.
31 (c) The court shall advise the person at the time of sentencing
32 that the driving privilege shall not be restored until the person has
33 provided proof satisfactory to the Depeomew of Motor-;Iehieles
34 department of successful completion of a
35 driving-under-the-influence program of the length required under
36 this code that is licensed pursuant to Section 11836 of the Health
37 and Safety Code.
38 SEC. 26, Section 23568 of the Vehicle Code is amended to
39 read:
99
...........................................................................................................................1 1.1.11,111,111,11,
. .......................................................................................................................................................................................
..........
SB 1697 —48-
1 23568. (a) If the court grants probation to wty a person
2 punished under Section 23566, in addition to the provisions of
3 Section 23600 and any other terms and conditions imposed by the
4 court, the court shall impose as conditions of probation that the
5 person be confined in the county jail for at least one year,that the
6 person pay a fine of at least three hundred ninety dollars($390)but
7 not more than five thousand dollars($5,000), and that the person
8 make restitution or reparation pursuant to Section 1203.1 of the
9 Penal Code. The person's privilege to operate a motor vehicle shall
10 be revoked by the Depaftffient of Motor Vehieles puf-stiam to
11 department under paragraph (6) of subdivision (a) of Section
12 13352. The court shall require the person to surrender the driver's
13 license to the court in accordance with Section 13550.
14 (b) In addition to Section 23600 and subdivision(a),if the court
15 grants probation to &ty a person punished under Section 23566,
16 the court shall impose as a condition of probation that the person
17 enroll in and complete, subsequent to the date of the underlying
18 violation and in a manner satisfactory to the court, an 18-month
19 driving-under-the-influence program licensed pursuant to Section
20 11836 of the Health and Safety Code or, if available in the county
21 of the person's residence or employment, a 30-month
22 driving-under-the-influence program licensed pursuant to Section
23 11836 of the Health and Safety Code, as designated by the court.
24 The person shall complete the entire program subsequent to, and
25 shall not be given any credit for program activities completed prior
26 to, the date of the current violation. In lieu of the minimum term
27 of imprisonment in subdivision (a), the court shall impose as a
28 minimum condition of probation under this subdivision that the
29 person be confined in the county jail for at least 30 days but not
30 more than one year. Except as provided in this subdivision, if the
31 court grants probation under this section,the court shall order the
32 treatment prescribed by this subdivision, whether or not the person
33 has previously completed a treatment program pursuant to
34 paragraph(4)of subdivision(b)of Section 23542 or paragraph(4)
35 of subdivision(b)of Section 23562.A per-son eMefed to tfeft4nen
36 piffsttaitt to this subdivisieft 9hall apply to the eettft or-to ft be"d
37 of as desi.gftmed by the eetto, eA the eeneltisieft of the
38 pregfafn to ob-taffi+L..e eoufft. S efdef of seAisfaetieft. Only upon dte
39 gfewing of thfA efdef of satisfftetion by the eetin may the pfagrfflift
40 issue its eeffifieate of sueeessful eemplefien and fepeft the
99
....................................-
__. ...... _........ ......... ......... ......... ......... ......... .........
_.. ................_..__. . ......... ......... _........ ......... ......... ........ ......... ......... ......... .........
................... .........
—49— SB 1697
1 eewrpletiett to dtee Depaffmenf of Metef Vehieles.
2
3 et vialatien of rrebefiett. In order to enable all required persons to
4 participate,each person shall pay the program costs commensurate
5 with the person's ability to pay as determined pursuant to Section
6 11837.4 of the Health and Safety Code.No condition of probation
7 required pursuant to this subdivision is a basis for reducing any
8 other probation requirement in this section or Section.23600 or for
9 avoiding the mandatory license revocation provisions of
10 paragraph(6) of subdivision.(a)of Section. 13352.
11 (c) The court shall advise the person at the time of sentencing
12 that the driving privilege may not be restored until the person
13 provides proof satisfactory to the department of successful
14 completion of a driving-under-the-influence program of the length
15 required under this code that is licensed pursuant to Section 11836
16 of the Health and Safety Code.
17 SEC. 27. Section 23660 of the Vehicle Code is amended to
18 read.
19 23660. {a) If a person's privilege to operate a motor vehicle
20 is required o to be suspended or revoked by the
21 department under other
22 provisions of this code upon the conviction of an offense described
23 in Article 2 (commencing with Section 23152) of Chapter 12 of
24 Division 11,that person shall surrender each and every operator's
25 license of that person to the court upon conviction. The court shall
26 transmit the license or licenses required to be suspended or
27 revoked to the
Ful"-fit tO
28 department under Section 13550, and the court shall notify the
29 department.
30
31 (b) This section does not apply to an administrative proceeding
32 by the department to suspend or
33 revoke the driving privilege of any person pursuant to other
34 provisions of law.
35 SEC. 28, Section 23665 of the Vehicle Code is amended to
36 read.
37 23665. If any person is convicted of a violation. of Section
38 20001, or of Section 23152 or 23153 and is sentenced.to one year
39 in a county jail or more than one year in the state prison under
40 Section 23540, 23542, 23546, 23548, 23550, 23550.5, 23552,
99
_.._... ......... ......... ......... ......... ......... ......... ......... ...............
....... ............ ........_..............._.. .._.._... .._..._.. ......-_.. ......... ......... ......... ......... ......... .........
SB 1697 —50-
1
50-1 23554, 23556, 23558, 23564, 23562, 23566, or 23568, the court
2 may postpone the revocation or suspension of the person's driving
3 privilege until the term of imprisonment is served.
O
99
SENATEBILL No. 1698
Introduced by Senator Torlakson
(Coauthor: Assembly Member Levine)
February 20, 2004
An act to amend Section 53156 of the Government Code,relating to
emergency response liability.
LEGISLATIVE COLdNSEUS DIGEST
SB 1698, as introduced,Torlaksoh. Emergency response liability.
Existing law provides that any person who is under the influence of
an alcoholic beverage or any drug, or the combined influence of an
alcoholic beverage and any drug,whose negligent operation of a motor
vehicle, a boat or vessel, or a civil aircral� caused by that influence
proximately causes any incident resulting in an appropriate emergency
response, and any person whose intentionally wrongful conduct
proximately causes any incident resulting in an appropriate response,
is liable for the expense of an emergency response by a public agency
to the incident.
This bill would define emergency response for the purposes of these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program:no.
The people of the State of California da enact as follows:
1 SECTION 1. Section 53156 of the Government Code is
2 amended to read:
3 53156. As used in this article:
4 (a) "Emergency response"means either a.f"the following:
�s
SB 1698 —2 -
1
-2 -1 (1) An enforcement stop by a law enforcement agency utilizing
2 emergency lights or sirens or both.
3 (2) Afire, medical, or law enforcement response to a vehicle
4 collision, medical emergency, or other incident requiring
5 immediate assistance.
6 (3) Providing traffic control on a public roadway or to ensure
7 safety on a navigable waterway.
8 (b) "Expense of an emergency response" means reasonable
9 costs incurred by a public agency in reasonably making an
14 appropriate emergency response to the incident, but shall only
11 include those costs directly arising because of the response to the
12 particular incident. Reasonable costs shall include the costs of
13 providing police, firefighting, rescue, and emergency medical
14 services at the scene of the incident,as well as the salaries of the
15 personnel responding to the incident.
16 (b)-
17 (c) "Public agency" means the state and any city, county,
18 municipal corporation, district, or public authority located, in
19 whole or in part,within this state which provides or may provide
20 firefighting, police, ambulance, medical, or other emergency
21 services.
22 fe�-
23 (d) "Intentionally wrongful conduct's means conduct intended
24 to injure another person or property.
O
99