California Assembly Bill AB1443 Amended / Bill

 BILL NUMBER: AB 1443AMENDED BILL TEXT AMENDED IN SENATE FEBRUARY 18, 2010 AMENDED IN SENATE JUNE 29, 2009 AMENDED IN SENATE JUNE 15, 2009 AMENDED IN ASSEMBLY MAY 6, 2009 INTRODUCED BY Assembly Member Huffman FEBRUARY 27, 2009  An act to add Section 12012.87 to the Government Code, relating to gaming.   An act to amend Sections 23217, 23540, 23546, 23550, 23550.5, 23560, and 23566 of, and to add Section 23595 to, the Vehicle Code, relating to vehicles.  LEGISLATIVE COUNSEL'S DIGEST AB 1443, as amended, Huffman.  Gaming compacts: local support.   Vehicles: driving under the influence: repeat offenders.   Existing law requires, if a person is convicted of a specified driving under the influence (DUI) offense and the offense occurred within 10 years of 2, or 3 or more prior specified DUI offenses that resulted in a conviction, that the person be punished by enhanced penalties, and that the person's privilege to operate a motor vehicle be revoked by the department for a period of 2, 3, 4, or 5 years, as applicable.   This bill would delete the 10-year limitation.   Existing law authorizes the court to impose specified additional orders on a person when the person is convicted of a DUI offense, depending on the circumstances.   This bill would authorize the court to order the permanent revocation of the driver's license of a person who was previously convicted of 3 or more specified DUI offenses if the court considers 5 factors, including, but not limited to, the period of time that has elapsed since his or her previous DUI convictions. The bill would require the court to permanently revoke the driver's license of a person who was previously convicted of 5 or more specified DUI offenses.   The bill would require that a person whose driver's license is permanently revoked by a court under these provisions forfeit his or her vehicle to the state or forfeit any interest in the vehicle, if specified provisions apply and would prohibit that person from registering or owning a vehicle in this state. The bill would prohibit a person in this state from selling, leasing, or lending a vehicle to that person. The bill would also require the Department of Motor Vehicles to establish a database of persons whose driver's license has been permanently revoked by a court under these provisions.   The bill would also authorize a person whose driver's license was permanently revoked by a court because of 3 or 4 separate DUI offenses to apply to the Department of Motor Vehicles for the reinstatement of his or her privilege to drive afer a period of 3 years from the date of his or her last conviction if the person successfully completes a written test and driving test for the license classification and a specified alcohol treatment program.   The federal Indian Gaming Regulatory Act provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.   This bill would require the Governor to consider the presence or absence of local support when negotiating a tribal-state gaming compact to allow class III gaming on Indian lands, as specified. The bill would include a related statement of legislative findings and declarations.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 23217 of the   Vehicle Code   is amended to read:  23217. The Legislature finds and declares that some repeat offenders of the prohibition against driving under the influence of alcohol or drugs, when they are addicted or when they have too much alcohol in their systems, may be escaping the intent of the Legislature to punish the offender with progressively greater severity if the offense is repeated one or more times  within a 10-year period  . This situation may occur when a conviction for a subsequent offense occurs before a conviction is obtained on an earlier offense. The Legislature further finds and declares that the timing of court proceedings should not permit a person to avoid aggravated mandatory minimum penalties for multiple separate offenses  occurring within a 10-year period  . It is the intent of the Legislature to provide that a person be subject to enhanced mandatory minimum penalties for multiple offenses  within a period of 10 years  , regardless of  whether   when  the convictions  are obtained in the same sequence as the   for those  offenses  had been committed   were obtained  . Nothing in this section requires consideration of judgment of conviction in a separate proceeding that is entered after the judgment in the present proceeding, except as it relates to violation of probation. Nothing in this section or the amendments to Section 23540, 23546, 23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the Statutes of 1984 affects the penalty for a violation of Section 23152 or 23153 occurring prior to January 1, 1985.  SEC. 2.  Section 23540 of the   Vehicle Code   is amended to read:  23540. (a) If a person is convicted of a violation of Section 23152 and the  offense occurred within 10 years   person was previously convicted  of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5.  (c) This section shall become operative on September 20, 2005.   SEC. 3.   Section 23546 of the   Vehicle Code   is amended to read:  23546. (a) If a person is convicted of a violation of Section 23152 and the  offense occurred within 10 years   person was previously convicted  of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver's license to the court in accordance with Section 13550. (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.  SEC. 4.   Section 23550 of the   Vehicle Code   is amended to read:  23550. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years   person was previously convicted  of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (9) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.  SEC. 5.   Section 23550.5 of the   Vehicle Code   is amended to read:  23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the  offense occurred within 10 years   person was previously convicted  of any of the following: (1) A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both. (2) A prior violation of Section 23153 that was punished as a felony. (3) A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony. (b) Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). (c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department under paragraph (9) of subdivision (a) of Section 13352, unless paragraph (8) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (d) A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.  SEC. 6.   Section 23560 of the   Vehicle Code   is amended to read:  23560. If a person is convicted of a violation of Section 23153 and the  offense occurred within 10 years   person was previously convicted  of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153 that resulted in a conviction, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 120 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.  SEC. 7.   Section 23566 of the   Vehicle Code   is amended to read:  23566. (a) If a person is convicted of a violation of Section 23153 and the  offense occurred within 10 years   person was previously convicted  of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (8) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the  offense occurred within 10 years   person was previously convicted  of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (8) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (c) If a person is convicted under subdivision (b), and the  offense for which the person is convicted occurred within 10 years   person was previously convicted  of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years. The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law. (d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. (e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person's confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (8) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.  SEC. 8.   Section 23595 is added to the   Vehicle Code   , to read:   23595. (a) Notwithstanding Sections 13202.5, 13203, and 13352, a court may order the permanent revocation of the driver's license of a person who was previously convicted of three or more separate violations of Section 23152 or 23153. When making this order, the court shall consider all of the following: (1) The degree of bodily injury caused by the person's previous violations that resulted in a conviction. (2) The period of time that has elapsed since the person's previous convictions. (3) The person's blood-alcohol level at the time of each violation. (4) The person's past and future participation in an alcohol treatment program in an effort to rehabilitate himself or herself. (5) The person's overall risk to traffic or public safety. (b) Notwithstanding Sections 13202.5, 13203, and 13352, a court shall order the permanent revocation of the driver's licence of a person who was previously convicted of five or more separate violations of Section 23152 or 23153. (c) A person whose driver's license was permanently revoked by a court because of three or four separate violations of Section 23152 or 23153, may apply to the department for the reinstatement of his or her privilege to drive after a period of three years from the date of his or her last conviction, if he or she completes all of the following: (1) Successfully passes the written test for the license classification. (2) Successfully passes the driving test for the license classification. (3) An 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23568 or, if available in the county of the person's residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the health and Safety Code, or a program specified in Section 8001 of the Penal Code. (d) A person whose driver's license has been permanently revoked under subdivision (b) of this section shall not be eligible for a restricted driver's license under this code. (e) A Person whose driver's license has been permanently revoked by the court under this section shall forfeit his or her vehicle to the state if he or she is the registered owner of the vehicle and holds title to the vehicle. (1) If the person is the coregistrant or cotitle owner of the vehicle, he or she shall forfeit all interest in the vehicle, and the vehicle shall be released to the coregistrant or the cotitle owner, provided that the vehicle is reregistered in the other person's name. (2) If there is no coregistrant or cotitle owner, then the vehicle shall be released to the person or entity that holds legal title pursuant to subdivision (b) of Section 23592. (f) A person whose driver's license is permanently revoked by the court under this section shall be prohibited from registering or owning a vehicle in this state and no person in this state shall sell, lease, or lend a vehicle to any person whose license has been permanently revoked by the court under this section. (g) The Department of Motor Vehicles shall establish a database of persons whose driver's license has been permanently revoked by a court under this section. (h) Upon receipt of a duly certified abstract of the record of the court showing that the court has ordered permanent revocation of a driver's license pursuant to this section, the department shall permanently revoke the person's driver's license.   SECTION 1.  The Legislature finds and declares all of the following: (a) The federal Indian Gaming Regulatory Act of 1988 (IGRA) authorizes federally recognized Indian tribes to conduct class III gaming on Indian lands within the tribe's jurisdiction, to the extent those games are permitted by state law, and pursuant to a gaming compact negotiated between a tribe and the state. (b) IGRA requires the state to negotiate in good faith for the conclusion of tribal-state gaming compacts with Indian tribes that request negotiations when those tribes have eligible Indian lands located in the state. (c) In 1998, California voters approved Proposition 5, a statutory measure designed to allow for the operation of slot machine and house banked card gaming by California Indian tribes on Indian lands in accordance with federal law. In 1999, the California Supreme Court held that most of the provisions enacted by Proposition 5 were unconstitutional. (d) In 2000, California voters approved Proposition 1A, amending the California Constitution to authorize the Governor to negotiate and conclude compacts, subject to ratification by the Legislature, for the operation of slot machines, and for the conduct of lottery games and banked and percentage card games by federally recognized Indian tribes on Indian lands in California in accordance with federal law. (e) During the campaigns to approve Propositions 5 and 1A, proponents assured California voters that Indian lands were mainly in remote, rural areas of the state and that approval of these measures would not result in tribal casinos being located in urban areas. (f) In the general election of 2004, two initiative measures, Propositions 68 and 70, that would have expanded gaming activities in urban areas were placed before the California voters. (g) Proposition 68 was defeated with 83.8 percent of the electorate voting against it and Proposition 70 was defeated with 76.3 percent of the electorate voting against it. (h) There is increasing public concern over the location, expansion, and impact of tribal gaming on nontribal lands in California. (i) There are over 100 federally recognized Indian tribes in California and many of those tribes have Indian lands within the tribe's jurisdiction that are eligible for class III gaming. (j) Subdivision (d) of Section 12012.25 of the Government Code designates the Governor as the state official with authority to negotiate and execute tribal gaming compacts on behalf of the state. (k) Subdivisions (c) and (e) of Section 12012.25 of the Government Code provide that tribal-state gaming compacts negotiated by the Governor are subject to ratification by the Legislature. (l) An increasing number of Indian tribes are seeking to take new land into trust for purposes of conducting class III gaming activities pursuant to the provisions of IGRA, often in urban areas. (m) In May 2005, Governor Arnold Schwarzenegger issued a proclamation that he would (1) oppose proposals for the federal acquisition of lands within any urbanized area where the lands sought to be acquired in trust are to be used to conduct or facilitate gaming activities; (2) decline to engage in negotiations for tribal-state gaming compacts where the Indian tribe does not have Indian lands eligible for class III gaming; (3) consider requests for gubernatorial concurrence to allow a tribe to conduct class III gaming on newly acquired land only when (A) the land that is sought for class III gaming is not within any urbanized area, (B) the local jurisdiction in which the tribe's proposed gaming project is located supports the project, (C) the tribe and the local jurisdiction demonstrate that the affected local community supports the project, such as by a local advisory vote, and (D) the project substantially serves a clear, independent public policy, separate and apart from any increased economic benefit or financial contribution to the state, community, or the Indian tribe that may arise from gaming. (n) It is therefore the intent of the Legislature, with respect to all Indian gaming proposals on nontribal lands, to encourage the Governor to negotiate a tribal-state gaming compact only when land has been taken into trust and when the local jurisdiction and the local community in which the tribe's proposed gaming project would be located actually support the project, and, in the absence of that local support, it is the intent of the Legislature not to ratify the compact.   SEC. 2.   Section 12012.87 is added to the Government Code, to read: 12012.87. When engaging in negotiations for a tribal-state gaming compact to allow class III gaming on Indian lands within the tribe's jurisdiction, the Governor shall consider the presence or absence of local support demonstrated by both of the following: (a) The results of an advisory vote in the county or counties in which the tribe's Indian lands are located, either approving or disapproving a proposed gaming facility. (b) One or more intergovernmental agreements enforceable in state court, that include provisions to mitigate the impacts of the proposed gaming and related activities, executed by the Indian tribe and each of the following entities: (1) The incorporated city or city and county in which the Indian lands are located, or, if the land is not located within an incorporated city or city and county, the county or counties in which the land is located. (2) Each county that is contiguous to the county in which the land is located and that is likely to be substantially impacted by the proposed gaming and related activities, as reasonably determined by the board of supervisors of the county and set forth in a measure specifying the nature of anticipated impacts that are no more than 75 miles from the proposed gaming facility, and the estimated costs of mitigation.