California Assembly Bill AB1601 Amended / Bill

 BILL NUMBER: AB 1601AMENDED BILL TEXT AMENDED IN SENATE JULY 15, 2010 AMENDED IN ASSEMBLY MAY 28, 2010 AMENDED IN ASSEMBLY FEBRUARY 4, 2010 INTRODUCED BY Assembly Member Hill (Principal coauthor: Assembly Member Nava) (Principal coauthors: Senators Harman,  Leno,  Liu, and Maldonado) (Coauthors: Assembly Members Bill Berryhill, Blakeslee, Block, Blumenfield, Evans, Fong, Gilmore, Huber, Huffman,  Jeffries,  Knight, Ma, Monning,  Nielsen,  Portantino, Smyth, Audra Strickland, Torlakson, and Tran) (Coauthor: Senator Cox) JANUARY 4, 2010 An act to amend Section 23665 of, and to add Section 23597 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1601, as amended, Hill. Vehicles: driving under the influence: repeat offenders. (1) 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.  (2) Existing   Existing  law authorizes the court to impose specified additional orders on a person when the person is convicted of a driving-under-the-influence (DUI) offense, depending on the circumstances. This bill would authorize the court to order a 10-year revocation of the driver's license of a person who  was previously   has been  convicted of 3 or more specified DUI offenses if the court considers certain factors, including, but not limited to, the period of time that has elapsed since his or her previous DUI convictions. The bill would authorize the person to apply to the Department of Motor Vehicles, 5 years from the date of the last DUI conviction, to have his or her privilege to operate a motor vehicle reinstated subject to certain conditions, including, among other things, the condition that the person was not convicted of any other drug- or alcohol-related offenses, under state law, during the driver's license revocation period.  (3)   (2)  Existing law authorizes a court to postpone the revocation or suspension of a person's driving privilege until the term of imprisonment is served, if that person was convicted of certain DUI provisions, among other things, and sentenced to serve one year in a county jail or more than one year in a state prison. This bill would instead require the court to postpone the revocation or suspension of a person's driving privilege until the term of imprisonment is served, and notify the department of the postponement, if that person was convicted of certain DUI provisions and sentenced to serve any time in a county jail or state prison. 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 23597 is added to the Vehicle Code, to read: 23597. (a) Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the driver's license of a person who  was previously   has been  convicted of three or more separate violations of Section 23152 or 23153  , the last of which is punishable under Section 235   46, 23550, 23550.5, or 23566  . When making this order, the court shall consider all of the following: (1) The person's level of remorse for the acts. (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 the violation. (4) The person's participation in an alcohol treatment program. (5) The person's risk to traffic or public safety. (6) The person's ability to install a certified ignition interlock device in each motor vehicle that he or she owns or operates. (b) Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a driver' s license pursuant to this section, the department shall revoke the person's driver's license for 10 years, except as provided in subdivision (c). (c) (1) Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the "Verification of Installation" form described in paragraph (2) of subdivision (h) of Section 13386 and agrees to maintain the ignition interlock device as required under subdivision (g) of Section  23575.Notwithstanding   23575. Notwithstanding  Chapter 5 (commencing with Section 23700) or subdivision (f) of Section 23575, the ignition interlock device shall remain on the person's motor vehicle for two years following the reinstatement of the person's driving privilege pursuant to this section. (2) The department shall reinstate the person's license pursuant to paragraph (1), if the person satisfies all of the following conditions: (A) The person was not convicted of any drug- or alcohol-related offenses, under state law, during the driver's license revocation period. (B) The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153. (C) The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the driver's license revocation period. SEC. 2. Section 23665 of the Vehicle Code is amended to read: 23665. (a) If a person is convicted of a violation of Section 20001 and is sentenced to one year in a county jail or more than one year in the state prison under Section 23540, 23542, 23546, 23548, 23550, 23550.5, 23552, 23554, 23556, 23558, 23560, 23562, 23566, or 23568, the court may postpone the revocation or suspension of the person's driving privilege until the term of imprisonment is served. (b) If a person is convicted of a violation of Section 23152 or 23153 and is sentenced to serve time in a county jail or state prison under Section 23540, 23542, 23546, 23548, 23550, 23550.5, 23552, 23554, 23556, 23558, 23560, 23562, 23566, or 23568, the court shall postpone the revocation or suspension of the person's driving privilege until the term of imprisonment is served and shall notify the department of the postponement.