BILL NUMBER: AB 678 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MAY 16, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
INTRODUCED BY Assembly Members Gaines, Benoit, and Spitzer
FEBRUARY 21, 2007
An act to amend Section 13955 of the Government Code, to amend
Sections 688 and 688.1 of the Harbors and Navigation Code, to amend
Section 1861.025 of the Insurance Code, to amend Sections 192.5,
193.7, 193.8, 977, 1192.8, and 3057 of the Penal Code, to amend
Section 101.10 of the Streets and Highways Code, and to amend
Sections 1803, 1808, 11110, 11215, 12810, 13202.5, 13350, 13350.5,
13351, 13352.6, 13353, 13353.1, 13353.3, 13353.7, 13353.8, 13954,
15300, 15302, 20001, 22651.10, 23502, 23550.5, 23558, 23592, 23596,
23612, 23620, 23626, and 40509.5 of the Vehicle Code, relating to
crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 678, as amended, Gaines. Crimes: vehicular manslaughter:
fleeing the scene of an accident.
(1) Existing law requires that a person who flees the scene of the
crime, upon conviction, be punished by an additional term of
imprisonment of 5 years in the state prison after committing a
violation of certain provisions relating to vehicular manslaughter,
which includes manslaughter while operating a vessel. The additional
term is only imposed where the allegation is charged in the
accusatory pleading and admitted by the defendant or found to be true
by the trier of fact.
This bill would additionally include within the above mandatory
5-year enhancement the commission of vehicular manslaughter while
either operating a vessel under the influence of alcohol or a drug
and in the commission of an unlawful act, not amounting to a felony,
and with gross negligence; or operating a vessel under the influence
of alcohol or a drug and in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
Because this bill would impose additional duties on local
prosecutors, the bill would create a state-mandated local program.
The bill would remove from the above mandatory 5-year enhancement
the commission of vehicular manslaughter while either operating a
vessel in the commission of an unlawful act, not amounting to a
felony, and with gross negligence; or operating a vessel in the
commission of a lawful act that might produce death, in an unlawful
manner, and with gross negligence.
The bill would remove from the above mandatory 5-year enhancement
the commission of vehicular manslaughter while either driving a
vehicle in the commission of an unlawful act, not amounting to a
felony, but without gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, but without gross negligence.
(2) Existing law defines "serious felony" to include vehicular
manslaughter while driving a vehicle in connection with a vehicular
collision, or any other vehicular accident, done for the purpose of
presenting any false or fraudulent claim, where the collision or
accident was knowingly caused for financial gain, and the collision
or accident proximately resulted in the death of any person.
"Serious felony" also includes the commission of vehicular
manslaughter while either operating a vessel in the commission of an
unlawful act, not amounting to a felony, and with gross negligence;
or operating a vessel in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
This bill would delete both of the
above-described offenses offense from
the definition of "serious felony."
(3) Existing law requires that a person convicted of vehicular
manslaughter, vehicular manslaughter while intoxicated, or vehicular
manslaughter in the operation of a vessel, or who has been previously
convicted of those crimes, be subject to specified fines and
penalties, including, but not limited to, suspension or revocation of
his or her driver's license, imprisonment, violation points,
enhanced penalties, delayed driving privileges for minors, and
removal and seizure of the person's vehicle, where specified
circumstances are present.
This bill would correct cross-references and make conforming
technical changes to those provisions and other related provisions.
(4) 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 AS FOLLOWS:
SECTION 1. Section 13955 of the Government Code is amended to
read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) (A) A person who is entitled to reimbursement for funeral,
burial, or crime scene cleanup expenses pursuant to paragraph (9) of
subdivision (a) of Section 13957.
(B) This paragraph applies without respect to any felon status of
the victim.
(b) Either of the following conditions is met:
(1) The crime occurred within this state, whether or not the
victim is a resident of the state. This paragraph shall apply only
during those time periods during which the board determines that
federal funds are available to the state for the compensation of
victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the state.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in this state.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of this state, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (b) of Section 191.5, subdivision (c) of
Section 192, or Section 192.5 of the Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 261, 262, 271, 273a, 273d, 285, 286, 288, 288a, 288.5,
or 289, or subdivision (b) or (c) of Section 311.4, of the Penal
Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.9, inclusive.
SEC. 2. Section 668 of the Harbors and Navigation Code is amended
to read:
668. (a) Any person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
(b) (1) Any person who violates Section 655.2, or any regulation
adopted pursuant thereto, or, except as provided in subdivision (a),
any regulation adopted pursuant to Section 655.3, is guilty of a
misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($100) or imprisonment in the county jail for not
more than five days, or by both that fine and imprisonment, for each
violation.
(2) Any person who violates subdivision (a) or (b) of Section 658
is guilty of a misdemeanor and shall be punished by a fine of not
more than two hundred dollars ($200) for each violation.
(3) Any person who violates subdivision (d) of Section 652,
Section 652.5, subdivision (a) of Section 655, Section 655.05, 656,
or 656.1, subdivision (d) or (e) of Section 658, Section 663.6 or
665, or any rules and regulations adopted pursuant to subdivision (b)
or (c) of Section 660, is guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment, for each violation.
(c) (1) Any person convicted of a violation of Section 656.2 or
656.3 shall be punished by a fine of not less than one thousand
dollars ($1,000) or more than ten thousand dollars ($10,000), or by
imprisonment in the state prison or in the county jail for not more
than one year, or by both that fine and imprisonment.
(2) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interest of justice for reasons stated in the
record, may reduce the amount of that minimum fine to less than the
amount otherwise required by this subdivision.
(d) Any person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
(e) Any person convicted of a first violation of subdivision (b),
(c), (d), or (e) of Section 655, or of a violation of Section 655.4,
shall be punished by a fine of not more than one thousand dollars
($1,000) or imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment. If probation is
granted, the court, as a condition of probation, may require the
person to participate in, and successfully complete, an alcohol or
drug education, training, or treatment program, in addition to
imposing any penalties required by this code. In order to enable all
persons to participate in licensed programs, every person referred to
a program licensed pursuant to Section 11836 of the Health and
Safety Code shall pay that program's costs commensurate with that
person's ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
(f) Any person convicted of a second or subsequent violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of the first conviction of any of those subdivisions or subdivision
(f) of Section 655, or any person convicted of a violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of a separate conviction of subdivision (a) or (b) of Section 192.5
of the Penal Code, or a separate conviction of Section 23152 or 23153
of the Vehicle Code or Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, when the separate conviction resulted from
the operation of a motor vehicle, shall be punished by a fine of not
more than one thousand dollars ($1,000) or imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment. If probation is granted, the court, as a condition of
probation, may require the person to do either of the following, if
available in the county of the person's residence or employment:
(1) Participate, for at least 18 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, as
designated by the court. In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
(2) Participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code. A
person ordered to treatment pursuant to this paragraph shall 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. Only upon the granting of that order of satisfaction by
the court may the program issue its certificate of successful
completion. A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this paragraph is a
basis for reducing any other probation requirement.
(g) Any person convicted of a violation of subdivision (f) of
Section 655 shall be punished by imprisonment in the state prison, or
in the county jail for not less than 90 days or more than one year,
and by a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000). If probation is granted,
the court, as a condition of probation, may require the person to
participate in, and successfully complete, a program licensed
pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code, if available in the
person's county of residence or employment, as designated by the
court. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code.
(h) (1) If any person is convicted of a violation of subdivision
(f) of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than
five days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000).
(2) If any person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, of subdivision (a) or
(b) of Section 192.5 of the Penal Code, or Section 23152 or 23153 of
the Vehicle Code or Section 191.5 or subdivision (a) of Section 192.5
of the Penal Code, when the separate conviction resulted from the
operation of a motor vehicle, and is granted probation, the court
shall impose as a condition of probation that the person be confined
in the county jail for not less than 90 days or more than one year,
and pay a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000), and the court, as a
condition of probation, may order that the person participate in a
manner satisfactory to the court, in a program licensed pursuant to
Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5
of the Health and Safety Code, if available in the county of the
person's residence or employment. In order to enable all required
persons to participate, each person shall pay the program costs
commensurate with the person's ability to pay as determined pursuant
to Section 11837.4 of the Health and Safety Code.
(i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, of subdivision (a) or (b) of Section 192.5 of
the Penal Code, or Section 23152 or 23153 of the Vehicle Code or
Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code,
when the separate conviction resulted from the operation of a motor
vehicle, from the minimum time in confinement provided in this
section and a fine of at least two hundred fifty dollars ($250),
except as provided in subdivision (h).
(j) Except in unusual cases where the interests of justice demand
an exception, the court shall not strike a separate conviction of an
offense under subdivision (b), (c), (d), (e), or (f) of Section 655
or of subdivision (a) or (b) of Section 192.5 of the Penal Code, or
Section 23152 or 23153 of the Vehicle Code or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code, when the separate
conviction resulted from the operation of a motor vehicle, for
purposes of sentencing in order to avoid imposing, as part of the
sentence or as a term of probation, the minimum time in confinement
and the minimum fine, as provided in this section. When a separate
conviction is stricken by the court for purposes of sentencing, the
court shall specify the reason or reasons for the striking order. On
appeal by the people from an order striking a separate conviction, it
shall be conclusively presumed that the order was made only for the
reasons specified in the order, and the order shall be reversed if
there is no substantial basis in the record for any of those reasons.
(k) A person who flees the scene of the crime after committing a
violation of Section 191.5 or paragraph (1) or (3)
of subdivision (c) of Section 192 of the Penal Code shall be subject
to subdivision (c) of Section 20001 of the Vehicle Code.
() Any person who violates Section 654.3 is guilty of an
infraction punishable by a fine of not more than five hundred dollars
($500) for each separate violation.
SEC. 3. Section 668.1 of the Harbors and Navigation Code is
amended to read:
668.1. (a) Any person convicted of a violation of subdivision
(a), (b), (c), (d), (e), or (f) of Section 655, or of Section 655.2,
655.6, 655.7, 658, or 658.5, or of Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, or of the federal rules of the
road and pilot rules, not including equipment requirements,
incorporated by reference in Section 6600.1 of Title 14 of the
California Code of Regulations, or found by a court to have performed
any of the acts described in Section 6697 of Title 14 of the
California Code of Regulations, pertaining to a mechanically
propelled vessel but not to manipulating any water skis, an
aquaplane, or similar device, when the conviction resulted from the
operation of a vessel, shall be ordered by the court to complete and
pass a boating safety course approved by the department pursuant to
Section 668.3.
(b) Any person who has been ordered by the court to complete and
pass a boating safety course pursuant to this section shall submit to
the court proof of completion and passage of the course within seven
months of the time of his or her conviction. The proof shall be in a
form that has been approved by the department and that provides for
the ability to submit the form to the court through the United States
Postal Service. If the person who has been required to complete and
pass a boating safety course is under 18 years of age, the court may
require that the person obtain parental consent to enroll in the
course. If the person does not complete and pass the boating safety
course, the court may extend the period for completion or impose
another penalty as prescribed by statute.
(c) The department shall adopt regulations to carry out this
section, including approval of boating safety education courses, as
specified in Section 668.3, prescribing the forms for proof of
completion and passage, approval of testing to indicate appropriate
mastery of the course subject matter, and setting forth any fees to
be charged to course participants, which fees shall not exceed the
expenses associated with providing the course.
SEC. 4. Section 1861.025 of the Insurance Code is amended to read:
1861.025. A person is qualified to purchase a Good Driver
Discount policy if he or she meets all of the following criteria:
(a) He or she has been licensed to drive a motor vehicle for the
previous three years.
(b) During the previous three years, he or she has not done any of
the following:
(1) Had more than one violation point count determined as provided
by subdivision (a), (b), (c), (d), (e), (g), or (h) of Section 12810
of the Vehicle Code, but subject to the following modifications:
(A) For the purposes of this section, the driver of a motor
vehicle involved in an accident for which he or she was principally
at fault that resulted only in damage to property shall receive one
violation point count, in addition to any other violation points that
may be imposed for this accident.
(B) If, under Section 488 or 488.5, an insurer is prohibited from
increasing the premium on a policy on account of a violation, that
violation shall not be included in determining the point count of the
person.
(C) If a violation is required to be reported under Section 1816
of the Vehicle Code, or under Section 784 of the Welfare and
Institutions Code, or any other provision requiring the reporting of
a violation by a minor, the violation shall be included for the
purposes of this section in determining the point count in the same
manner as is applicable to adult violations.
(2) Had more than one dismissal pursuant to Section 1803.5 of the
Vehicle Code that was not made confidential pursuant to Section
1808.7 of the Vehicle Code, in the 36-month period for violations
that would have resulted in the imposition of more than one violation
point count under paragraph (1) if the complaint had not been
dismissed.
(3) Was the driver of a motor vehicle involved in an accident that
resulted in bodily injury or in the death of any person and was
principally at fault. The commissioner shall adopt regulations
setting guidelines to be used by insurers for the determination of
fault for the purposes of this paragraph and paragraph (1).
(c) During the period commencing on January 1, 1999, or the date
10 years prior to the date of application for the issuance or renewal
of the Good Driver Discount policy, whichever is later, and ending
on the date of the application for the issuance or renewal of the
Good Driver Discount policy, he or she has not been convicted of a
violation of Section 23140, 23152, or 23153 of the Vehicle Code, a
felony violation of Section 23550 or 23566, or former Section 23175
or, as those sections read on January 1, 1999, of the Vehicle Code,
or a violation of Section 191.5 or subdivision (a) of Section 192.5
of the Penal Code.
(d) Any person who claims that he or she meets the criteria of
subdivisions (a), (b), and (c) based entirely or partially on a
driver's license and driving experience acquired anywhere other than
in the United States or Canada is rebuttably presumed to be qualified
to purchase a Good Driver Discount policy if he or she has been
licensed to drive in the United States or Canada for at least the
previous 18 months and meets the criteria of subdivisions (a), (b),
and (c) for that period.
SEC. 5. Section 192.5 of the Penal Code is amended to read:
192.5. Vehicular manslaughter pursuant to subdivision (b) of
Section 191.5 and subdivision (c) of Section 192 is the unlawful
killing of a human being without malice aforethought, and includes:
(a) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, and with
gross negligence; or operating a vessel in violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 of the Harbors and
Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
(b) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, but
without gross negligence; or operating a vessel in violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors
and Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, but without gross negligence.
(c) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, and with gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(d) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, but without gross negligence.
(e) A person who flees the scene of the crime after committing a
violation of subdivision (a) or (b) , (b), or
(c) , upon conviction, in addition and consecutive to the
punishment prescribed, shall be punished by an additional term of
imprisonment of five years in the state prison. This additional term
shall not be imposed unless the allegation is charged in the
accusatory pleading and admitted by the defendant or found to be true
by the trier of fact. The court shall not strike a finding that
brings a person within the provisions of this subdivision or an
allegation made pursuant to this subdivision.
SEC. 6. Section 193.7 of the Penal Code is amended to read:
193.7. A person convicted of a violation of subdivision (b) of
Section 191.5 that occurred within seven years of two or more
separate violations of Section 23103, as specified in Section
23103.5, of, or Section 23152 or 23153 of, the Vehicle Code, or any
combination thereof, that resulted in convictions, shall be
designated as an habitual traffic offender subject to paragraph (3)
of subdivision (e) of Section 14601.3 of the Vehicle Code, 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 of the Vehicle Code.
SEC. 7. Section 193.8 of the Penal Code is amended to read:
193.8. (a) An adult, who is the registered owner of a motor
vehicle or in possession of a motor vehicle, shall not relinquish
possession of the vehicle to a minor for the purpose of driving if
the following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or
reasonably should have known that the minor was intoxicated at the
time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a
violation of Section 23103 as specified in Section 23103.5, 23140,
23152, or 23153 of the Vehicle Code or a violation of Section 191.5
or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession
of the vehicle.
(b) The offense described in subdivision (a) shall not apply to
commercial bailments, motor vehicle leases, or parking arrangements,
whether or not for compensation, provided by hotels, motels, or food
facilities for customers, guests, or other invitees thereof. For
purposes of this subdivision, hotel and motel shall have the same
meaning as in subdivision (b) of Section 25503.16 of the Business and
Professions Code and food facility shall have the same meaning as in
Section 113785 of the Health and Safety Code.
(c) If an adult is convicted of the offense described in
subdivision (a), that person shall be punished by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail not exceeding six months, or by both the fine and
imprisonment. An adult convicted of the offense described in
subdivision (a) shall not be subject to driver's license suspension
or revocation or attendance at a licensed alcohol or drug education
and counseling program for persons who drive under the influence.
SEC. 8. Section 977 of the Penal Code is amended to read:
977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraphs (2) and (3). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
a misdemeanor violation of Section 273.6, the accused shall be
present for arraignment and sentencing, and at any time during the
proceedings when ordered by the court for the purpose of being
informed of the conditions of a protective order issued pursuant to
Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving
driving under the influence, in an appropriate case, the court may
order a defendant to be present for arraignment, at the time of plea,
or at sentencing. For purposes of this paragraph, a misdemeanor
offense involving driving under the influence shall include a
misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle
Code.
(C) Section 23152 of the
Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"Waiver of Defendant's Personal Presence"
"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."
(c) The court may permit the initial court appearance and
arraignment in municipal or superior court of defendants held in any
state, county, or local facility within the county on felony or
misdemeanor charges, except for those defendants who were indicted by
a grand jury, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom. If the defendant
is represented by counsel, the attorney shall be present with the
defendant at the initial court appearance and arraignment, and may
enter a plea during the arraignment. However, if the defendant is
represented by counsel at an initial hearing in superior court in a
felony case, and if the defendant does not plead guilty or nolo
contendere to any charge, the attorney shall be present with the
defendant or if the attorney is not present with the defendant, the
attorney shall be present in court during the hearing. The defendant
shall have the right to make his or her plea while physically present
in the courtroom if he or she so requests. If the defendant decides
not to exercise the right to be physically present in the courtroom,
he or she shall execute a written waiver of that right. A judge may
order a defendant's personal appearance in court for the initial
court appearance and arraignment. In a misdemeanor case, a judge may,
pursuant to this subdivision, accept a plea of guilty or no contest
from a defendant who is not physically in the courtroom. In a felony
case, a judge may, pursuant to this subdivision, accept a plea of
guilty or no contest from a defendant who is not physically in the
courtroom if the parties stipulate thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney shall be present with the
defendant in any county exceeding 4,000,000 persons in population.
SEC. 9. Section 1192.8 of the Penal Code is amended to read:
1192.8. (a) For purposes of subdivision (c) of Section 1192.7,
"serious felony" also means any violation of Section 191.5, paragraph
(1) of subdivision (c) of Section 192, paragraph (a) or (b)
, (b), or (c) of Section 192.5 of this code, or
Section 2800.3, subdivision (b) of Section 23104, or Section 23153
of the Vehicle Code, when any of these offenses involve the personal
infliction of great bodily injury on any person other than an
accomplice, or the personal use of a dangerous or deadly weapon,
within the meaning of paragraph (8) or (23) of subdivision (c) of
Section 1192.7.
(b) It is the intent of the Legislature, in enacting subdivision
(a), to codify the court decisions of People v. Gonzales, 29 Cal.
App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to
clarify that the crimes specified in subdivision (a) have always
been, and continue to be, serious felonies within the meaning of
subdivision (c) of Section 1192.7.
SEC. 10. Section 3057 of the Penal Code is amended to read:
3057. (a) Confinement pursuant to a revocation of parole in the
absence of a new conviction and commitment to prison under other
provisions of law, shall not exceed 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
SEC. 11. Section 101.10 of the Streets and Highways Code is
amended to read:
101.10. (a) (1) The department shall design, construct, place,
and maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: "Please
Don't Drink and Drive," followed by: "In Memory of (victim's name)."
These signs shall be placed upon the state highways in accordance
with this section, placement guidelines adopted by the department,
and any applicable federal limitations or conditions on highway
signage, including location and spacing. Signs may memorialize more
than one victim. "Victim" for purposes of this section means a person
who was killed in a vehicular accident, but does not include a party
described in paragraph (2) of subdivision (c).
(2) The department shall adopt program guidelines for the
application for and placement of signs authorized by this section,
including, but not limited to, the sign application and qualification
process, the procedure for the dedication of signs, and procedures
for the replacement or restoration of any signs that are damaged or
stolen.
(b) If the placement at the location of a vehicular accident is
safe and practical and the conditions of subdivisions (c) and (d) are
met, the department shall place a sign described in subdivision (a)
in close proximity to the location where the vehicular accident
occurred.
(c) (1) A party to that accident was convicted of any of the
following:
(A) Murder of the second degree under Section 187, and the
violation was a direct result of driving a vehicle while in violation
of Section 23152 or 23153 of the Vehicle Code.
(B) Gross vehicular manslaughter while intoxicated under
subdivision (a) of Section 191.5 of the Penal Code.
(C) Vehicular manslaughter under subdivision (b) of Section 191.5
of the Penal Code.
(2) A party to that accident operated a vehicle involved in the
vehicular accident in violation of Section 23152 or 23153 of the
Vehicle Code, but died in the accident or was not prosecuted because
he or she is found mentally incompetent pursuant to Section 1367 of
the Penal Code.
(d) (1) Upon the request of an immediate family member of the
deceased victim involved in an accident occurring on and after
January 1, 1991, and described in subdivision (b), the department
shall place a sign in accordance with this section. A person who is
not a member of the immediate family may also submit a request to
have a sign placed under this section if that person also submits the
written consent of an immediate family member. The department shall
charge the requesting party a fee to cover the department's cost in
designing, constructing, placing, and maintaining that sign, and the
department's costs in administering this section. The sign shall be
posted for seven years from the date of initial placement, or until
the date the department determines that the condition of the sign has
deteriorated to the point that it is no longer serviceable,
whichever date is first.
(2) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(3) If there is any opposition to the placement of the memorial
sign by a member of the immediate family, no sign shall be placed
pursuant to this section.
SEC. 12. Section 1803 of the Vehicle Code is amended to read:
1803. (a) (1) The clerk of a court in which a person was
convicted of a violation of this code, was convicted of a violation
of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, or a violation of
subdivision (a) of Section 192.5 of the Penal Code, was convicted of
an offense involving use or possession of controlled substances under
Division 10 (commencing with Section 11000) of the Health and Safety
Code, was convicted of a felony offense when a commercial motor
vehicle, as defined in subdivision (b) of Section 15210, was involved
in or incidental to the commission of the offense, or was convicted
of a violation of any other statute relating to the safe operation of
vehicles, shall prepare within 10 days after conviction and
immediately forward to the department at its office at Sacramento an
abstract of the record of the court covering the case in which the
person was so convicted. If sentencing is not pronounced in
conjunction with the conviction, the abstract shall be forwarded to
the department within 10 days after sentencing and the abstract shall
be certified by the person so required to prepare it to be true and
correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Section
38301.3.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license, or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
10 days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within 10 days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
SEC. 13. Section 1808 of the Vehicle Code is amended to read:
1808. (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
(b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
(2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 or 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
(d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
provisions of California law.
(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable provisions of California law.
SEC. 14. Section 11110 of the Vehicle Code is amended to read:
11110. (a) The department, after notice and hearing, may suspend
or revoke a license issued under this chapter if any of the following
occur:
(1) The department finds and determines that the licensee fails to
meet the requirements to receive or hold a license under this
chapter.
(2) The licensee fails to keep the records required by this
chapter.
(3) The licensee (A) permits fraud or engages in fraudulent
practices either with reference to an applicant for a driver's
license or an all-terrain vehicle safety certificate or the
department, or (B) induces or countenances fraud or fraudulent
practices on the part of an applicant.
(4) The licensee fails to comply with this chapter or regulation
or requirement of the department adopted pursuant thereto.
(5) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe, that the licensee is in fact an employee or
representative of the department; or the licensee makes an
advertisement, in any manner or by any means, that is untrue or
misleading and that is known, or that by the exercise of reasonable
care should be known, to be untrue or misleading.
(6) The licensee, or an employee or agent of the licensee,
solicits driver training or instruction or all-terrain vehicle safety
instruction in, or within 200 feet of, an office of the department.
(7) The licensee is convicted of violating Section 14606, 20001,
20002, 20003, 20004, 20006, 20008, 23103, 23104, 23152, or 23153 of
this code or subdivision (b) of Section 191.5 or subdivision (c) of
Section 192 of the Penal Code. A conviction, after a plea of nolo
contendere, is a conviction within the meaning of this paragraph.
(8) The licensee teaches, or permits a student to be taught, the
specific tests administered by the department through use of the
department's forms or testing facilities.
(9) The licensee conducts training, or permits training by an
employee, in an unsafe manner or contrary to safe driving practices.
(10) The licensed school owner or licensed driving school operator
teaches, or permits an employee to teach, driving instruction or
all-terrain vehicle safety instruction without a valid instructor's
license.
(11) The licensed school owner does not have in effect a bond as
required by Section 11102.
(12) The licensee permits the use of the license by any other
person for the purpose of permitting that person to engage in the
ownership or operation of a school or in the giving of driving
instruction or all-terrain vehicle safety instruction for
compensation.
(13) The licensee holds a secondary teaching credential and
explicitly or implicitly recruits or attempts to recruit a pupil who
is enrolled in a junior or senior high school to be a customer for a
business licensed pursuant to this article that is owned by the
licensee or for which the licensee is an employee.
(b) In the interest of the public's safety, as determined by the
department, the department may immediately suspend the license of a
licensee for any alleged violation under this chapter and shall
conduct a hearing of the alleged violation within 30 days of the
suspension.
SEC. 15. Section 11215 of the Vehicle Code is amended to read:
11215. The department, after notice and hearing, may suspend or
revoke a license issued under this chapter if any of the following
circumstances exist:
(a) The department finds and determines that the licensee ceases
to meet any requirement to obtain a license under this chapter.
(b) The holder fails to comply with, or otherwise violates, a
provision of this chapter or a regulation or requirement of the
department adopted pursuant to this chapter.
(c) The licensee engages in fraudulent practices with respect to
its activities licensed under this chapter or induces or fails to
promptly report to the department any known fraud or fraudulent
practices on the part of an employee of the traffic violator school.
(d) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe that the licensee was in fact an employee or
representative of the department, or whenever the licensee
advertises, in any manner or means a statement that is untrue or
misleading and that is known, or that by the exercise of reasonable
care should be known, to be untrue or misleading.
(e) The licensee or a employee or agent of the licensee collects
fees for or preregisters a person in traffic violator school or
solicits traffic violator school instruction in an office of the
department or in a court or within 500 feet of a court.
(f) The licensee is convicted of violating Section 20001, 20002,
20003, 20004, 20006, 20008, 23103, 23104, 23152, or 23153 of this
code or subdivision (b) of Section 191.5 or Section 192 of the Penal
Code. A conviction after a plea of nolo contendere is a conviction
within the meaning of this section.
(g) The traffic violator school owner teaches, or permits an
employee to teach, traffic safety instruction without a valid
instructor's license.
(h) The traffic violator school owner does not have in effect a
bond as provided in paragraph (3) of subdivision (a) of Section 11202
or a deposit in lieu of the bond, as specified in Section 11203.
SEC. 16. Section 12810 of the Vehicle Code is amended to read:
12810. In determining the violation point count, the following
shall apply:
(a) A conviction of failure to stop in the event of an accident in
violation of Section 20001 or 20002 shall be given a value of two
points.
(b) A conviction of a violation of Section 23152 or 23153 shall be
given a value of two points.
(c) A conviction of reckless driving shall be given a value of two
points.
(d) (1) A conviction of a violation of subdivision (b) of Section
191.5 or subdivision (c) of Section 192 of the Penal Code, or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651,
subdivision (b) of Section 22348, subdivision (a) or (c) of Section
23109, or Section 31602 of this code, shall be given a value of two
points.
(2) A conviction of a violation of subdivision (a) or (b) of
Section 23140 shall be given a value of two points.
(e) A conviction of a violation of Section 14601, 14601.1,
14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic
conviction involving the safe operation of a motor vehicle upon the
highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the
department to be responsible shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall
be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of
subdivision (b) of Section 40001 shall not result in a violation
point count being given to the driver if the driver is not the owner
of the vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of
subdivision (b) of Section 12814.6, subdivision (a) of Section 21116,
Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall
not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not
result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation
point count.
(5) A violation of Section 38301.3 shall not result in a violation
point count.
(j) A conviction for only one violation arising from one occasion
of arrest or citation shall be counted in determining the violation
point count for the purposes of this section.
SEC. 17. Section 13202.5 of the Vehicle Code is amended to
read:
13202.5. (a) For each conviction of a person for an offense
specified in subdivision (d), committed while the person was under
the age of 21 years, but 13 years of age or older, the court shall
suspend the person's driving privilege for one year. If the person
convicted does not yet have the privilege to drive, the court shall
order the department to delay issuing the privilege to drive for one
year subsequent to the time the person becomes legally eligible to
drive. However, if there is no further conviction for an offense
specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petition of the person affected, may
modify the order imposing the delay of the privilege. For each
successive offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the eligibility for
those not in possession of a license at the time of their conviction
for one additional year.
As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
(b) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all driver's licenses held by the person to be surrendered to
the court. The court shall within 10 days following the conviction
transmit certified abstract of the conviction, together with any
driver's licenses surrendered, to the department.
(c) (1) After a court has issued an order suspending or delaying
driving privileges pursuant to subdivision (a), the court, upon
petition of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive.
(2) As used in this section, "critical need to drive" means the
circumstances that are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(3) The restriction shall remain in effect for the balance of the
period of suspension or restriction in this section. The court shall
notify the department of any modification within 10 days of the order
of modification.
(d) This section applies to violations involving controlled
substances or alcohol contained in the following provisions:
(1) Article 7 (commencing with Section 4110) of Chapter 9 of
Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the
Business and Professions Code.
(2) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(3) Section 191.5, subdivision (a) or (b) of Section 192.5, and
subdivision (f) of Section 647 of the Penal Code.
(4) Section 23103 when subject to Section 23103.5, Section 23140,
and Article 2 (commencing with Section 23152) of Chapter 12 of
Division 11 of this code.
(e) Suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of a violation specified in subdivision (d).
SEC. 18. Section 13350 of the Vehicle Code is amended to read:
13350. (a) The department immediately shall revoke the privilege
of a person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of a court showing that the person has been
convicted of any of the following crimes or offenses:
(1) Failure of the driver of a vehicle involved in an accident
resulting in injury or death to a person to stop or otherwise comply
with Section 20001.
(2) A felony in the commission of which a motor vehicle is used,
except as provided in Section 13351, 13352, or 13357.
(3) Reckless driving causing bodily injury.
(b) If a person is convicted of a violation of Section 23152
punishable under Section 23546, 23550, or 23550.5, or a violation of
Section 23153 punishable under Section 23550.5 or 23566, including a
violation of subdivision (b) of Section 191.5 of the Penal Code as
provided in Section 193.7 of that code, the court shall, at the time
of surrender of the driver's license or temporary permit, require the
defendant to sign an affidavit in a form provided by the department
acknowledging his or her understanding of the revocation required by
paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and
an acknowledgment of his or her designation as a habitual traffic
offender. A copy of this affidavit shall be transmitted, with the
license or temporary permit, to the department within the prescribed
10 days.
(c) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of one year after the date of
revocation and until the person whose privilege was revoked gives
proof of financial responsibility as defined in Section 16430.
SEC. 19. Section 13350.5 of the Vehicle Code is amended to read:
13350.5. Notwithstanding Section 13350, for the purposes of this
article, conviction of a violation subdivision (b) of Section 191.5
of the Penal Code is a conviction of a violation of Section 23153.
SEC. 20. Section 13351 of the Vehicle Code is amended to read:
13351. (a) The department immediately shall revoke the privilege
of a person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of a court showing that the person has been
convicted of any of the following crimes or offenses:
(1) Manslaughter resulting from the operation of a motor vehicle,
except when convicted under paragraph (2) of subdivision (c) of
Section 192 of the Penal Code.
(2) Conviction of three or more violations of Section 20001,
20002, 23103, or 23104 within a period of 12 months from the time of
the first offense to the third or subsequent offense, or a
combination of three or more convictions of violations within the
same period.
(3) Violation of subdivision (a) of Section 191.5 or subdivision
(a) of Section 192.5 of the Penal Code or of Section 2800.3 causing
serious bodily injury resulting in a serious impairment of physical
condition, including, but not limited to, loss of consciousness,
concussion, serious bone fracture, protracted loss or impairment of
function of a bodily member or organ, and serious disfigurement.
(b) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of three years after the date
of revocation and until the person whose privilege was revoked gives
proof of financial responsibility, as defined in Section 16430.
SEC. 21. Section 13352.6 of the Vehicle Code is amended to read:
13352.6. (a) The department shall immediately suspend the driving
privilege of a person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon the receipt of a duly
certified abstract of the record of a court showing that conviction.
The privilege may not be reinstated until the person provides the
department with proof of financial responsibility and until proof
satisfactory to the department, of successful completion of a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code has been received in the department's
headquarters. That attendance shall be as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code, the person shall complete, at a
minimum, the education component of that licensed
driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
(b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation. Credit for enrollment, participation, or
completion may not be given for any program activities completed
prior to the date of the current violation.
SEC. 22. Section 13353 of the Vehicle Code is amended to read:
13353. (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon receipt of the officer's sworn statement that the
officer had reasonable cause to believe the person had been driving
a motor vehicle in violation of Section 23140, 23152, or 23153, and
that the person had refused to submit to, or did not complete, the
test or tests after being requested by the officer, the department
shall do one of the following:
(1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
(2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or subdivision (a) of Section 192.5 of the Penal Code, that
resulted in a conviction, or (B) a suspension or revocation of the
person's privilege to operate a motor vehicle pursuant to this
section or Section 13353.2 for an offense that occurred on a separate
occasion.
(3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
(A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code,
or any combination thereof, that resulted in convictions.
(B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
(C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department. The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of a
stay of the suspension or revocation, as provided for in Section
13558.
(D) For the purposes of this section, a conviction of an offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, is a conviction of that
particular section of the Vehicle Code or Penal Code.
(b) If a person on more than one occasion in separate incidents
refuses the officer's request to submit to, or fails to complete, a
chemical test or tests pursuant to Section 23612 while driving a
motor vehicle, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, the department shall disqualify the person from operating a
commercial motor vehicle for the rest of his or her lifetime.
(c) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612. The notice of the order of suspension or revocation
shall be on a form provided by the department. If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken. The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
(d) Upon the receipt of the officer's sworn statement, the
department shall review the record. For purposes of this section, the
scope of the administrative review shall cover all of the following
issues:
(1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
(2) Whether the person was placed under arrest.
(3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
(4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.
(e) The person may request an administrative hearing pursuant to
Section 13558. Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
(f) The suspension or revocation imposed under this section shall
run concurrently with any restriction, suspension, or revocation
imposed under Section 13352, 13352.4, or 13352.5 that resulted from
the same arrest.
SEC. 23. Section 13353.1 of the Vehicle Code is amended to read:
13353.1. (a) If a person refuses an officer's request to submit
to, or fails to complete, a preliminary alcohol screening test
pursuant to Section 13388, upon the receipt of the officer's sworn
statement, submitted pursuant to Section 13380, that the officer had
reasonable cause to believe the person had been driving a motor
vehicle in violation of Section 23136, and that the person had
refused to submit to, or did not complete, the test after being
requested by the officer, the department shall do one of the
following:
(1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
(2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either of the following:
(A) A separate violation of subdivision (a) of Section 23136, that
resulted in a finding of a violation, or a separate violation, that
resulted in a conviction, of Section 23103, as specified in Section
23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code.
(B) A suspension or revocation of the person's privilege to
operate a motor vehicle if that action was taken pursuant to this
section or Section 13353 or 13353.2 for an offense that occurred on a
separate occasion.
(3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
(A) Two or more separate violations of subdivision (a) of Section
23136, that resulted in findings of violations, or two or more
separate violations, that resulted in convictions, of Section 23103,
as specified in Section 23103.5, of Section 23140, 23152, or 23153,
or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal
Code, or any combination thereof.
(B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle if those actions were taken
pursuant to this section, or Section 13353 or 13353.2, for offenses
that occurred on separate occasions.
(C) Any combination of two or more of the convictions or
administrative suspensions or revocations described in subparagraph
(A) or (B).
(b) For the purposes of this section, a conviction of an offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or subdivision (a) of Section 192.5 of the
Penal Code, is a conviction of that particular section of the Vehicle
or Penal Code.
(c) The notice of the order of suspension or revocation under this
section shall be served on the person by the peace officer pursuant
to Section 13388 and shall not become effective until 30 days after
the person is served with that notice. The notice of the order of
suspension or revocation shall be on a form provided by the
department. If the notice of the order of suspension or revocation
has not been served by the peace officer pursuant to Section 13388,
the department immediately shall notify the person in writing of the
action taken. The peace officer who serves the notice, or the
department, if applicable, also shall provide, if the officer or
department, as the case may be, determines that it is necessary to do
so, the person with the appropriate non-English notice developed
pursuant to subdivision (d) of Section 14100.
(d) Upon the receipt of the officer's sworn statement, the
department shall review the record. For the purposes of this section,
the scope of the administrative review shall cover all of the
following issues:
(1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23136.
(2) Whether the person was lawfully detained.
(3) Whether the person refused to submit to, or did not complete,
the test after being requested to do so by a peace officer.
(e) The person may request an administrative hearing pursuant to
Section 13558. Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
SEC. 24. Section 13353.3 of the Vehicle Code is amended to read:
13353.3. (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
(1) If the person has not been convicted of a separate violation
of Section 23103, as specified in Section 23103.5, of Section 23140,
23152, or 23153, of Section 191.5 or subdivision (a) of Section 192.5
of the Penal Code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
(2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, Section
23140, 23152, or 23153, Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, the person has been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has been administratively determined to
have been driving with an excessive concentration of alcohol pursuant
to Section 13353.2 on a separate occasion, that offense or occasion
occurred within 10 years of the occasion in question, the person's
privilege to operate a motor vehicle shall be suspended for one year.
(3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
(c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.
(d) For the purposes of this section, a conviction of an offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, is a conviction of that
particular section of the Vehicle Code or Penal Code.
SEC. 25. Section 13353.7 of the Vehicle Code is amended to read:
13353.7. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has not
been convicted of, or found to have committed, a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or subdivision (a) of
Section 192.5 of the Penal Code, and if the person's privilege to
operate a motor vehicle has not been suspended or revoked pursuant to
Section 13353 or 13353.2 for an offense that occurred on a separate
occasion within 10 years of the occasion in question and, if the
person subsequently enrolls in a driving-under-the-influence program
licensed under Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23538, that person, if 21
years of age or older at the time the offense occurred, may apply to
the department for a restricted driver's license limited to travel to
and from the activities required by the program and to and from and
in the course of the person's employment. After receiving proof of
enrollment in the program, and if the person has not been arrested
subsequent to the offense for which the person's driving privilege
has been suspended under Section 13353.2 for a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153 of this code, or Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, and if the person's privilege to operate a
motor vehicle has not been suspended or revoked pursuant to Section
13353 or 13353.2 for an offense that occurred on a separate occasion,
notwithstanding Section 13551, the department shall, after review
pursuant to Section 13557, suspend the person's privilege to operate
a motor vehicle for 30 days and then issue the person a restricted
driver's license under the following conditions:
(1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver's license was operating a
commercial vehicle, as defined in Section 15210, at the time of the
violation that resulted in the suspension of that person's driving
privilege under Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license may not allow travel to and from or in the course of the
person's employment.
(d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion, or as a
result of a conviction of a separate violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153, that
violation occurred within 10 years of the offense in question. This
subdivision shall be operative only so long as a one-year suspension
of the driving privilege for a second or subsequent occurrence or
offense, with no restricted or hardship licenses permitted, is
required by Section 408 or 410 of Title 23 of the United States Code.
SEC. 26. Section 13353.8 of the Vehicle Code is amended to read:
13353.8. (a) After the department has issued an order suspending
or delaying driving privileges as a result of a violation of
subdivision (a) of Section 23136, the department, upon the petition
of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive, if the department determines that,
within 10 years of the current violation of Section 23136, the person
has not violated Section 23136 or been convicted of a separate
violation of Section 23140, 23152, or 23153, or of Section 23103,
with a plea of guilty under Section 23103.5, or of Section 191.5 or
subdivision (a) of Section 192.5 of, the Penal Code, and that the
person's driving privilege has not been suspended or revoked under
Section 13353, 13353.1, or 13353.2 within that 10-year period.
(b) For purposes of this section, a conviction of an offense in a
state, territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152,
23153, or Section 191.5 or subdivision (a) of Section 192.5 of the
Penal Code, is a conviction of that particular section of the Vehicle
Code or Penal Code.
(c) As used in this section, "critical need to drive" means the
circumstances that are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(d) The restriction
shall be imposed not earlier than the 31st day after the date the
order of suspension became effective and shall remain in effect for
the balance of the period of suspension or restriction in this
section.
SEC. 27. Section 13954 of the Vehicle Code is amended to read:
13954. (a) Notwithstanding any other provision of this code, the
department immediately shall suspend or revoke the driving privilege
of a person who the department has reasonable cause to believe was in
some manner involved in an accident while operating a motor vehicle
under the following circumstances at the time of the accident:
(1) The person had 0.08 percent or more, by weight, of alcohol in
his or her blood.
(2) He or she proximately caused the accident as a result of an
act prohibited, or the neglect of any duty imposed, by law.
(3) The accident occurred within five years of the date of a
violation of subdivision (b) of Section 191.5 of the Penal Code that
resulted in a conviction.
(b) If an accident described in subdivision (a) does not result in
a conviction or finding of violation of Section 23152 or 23153, the
department shall suspend the driving privilege under this section for
one year from the date of commencement of the original suspension.
After the one-year suspension period, the driving privilege may be
reinstated if evidence establishes to the satisfaction of the
department that no grounds exist that would authorize the refusal to
issue a license and that reinstatement of the driving privilege would
not jeopardize the safety of the person or other persons upon the
highways, and if the person gives proof of financial responsibility,
as defined in Section 16430.
(c) If an accident described in subdivision (a) does result in a
conviction or finding of a violation of Section 23152 or 23153, the
department shall revoke the driving privilege under this section for
three years from the date of commencement of the original revocation.
After the three-year revocation period, the driving privilege may be
reinstated if evidence establishes to the satisfaction of the
department that no grounds exist that would authorize the refusal to
issue a license and that reinstatement of the driving privilege would
not jeopardize the safety of the person or other persons upon the
highways, and if the person gives proof of financial responsibility.
(d) Any revocation action under subdivision (c) shall be imposed
as follows:
(1) If the accident results in a first conviction of a violation
of Section 23152 or 23153, or if the person was convicted of a
separate violation of Section 23152 or 23153 that occurred within
five years of the accident, the period of revocation under
subdivision (c) shall be concurrent with any period of restriction,
suspension, or revocation imposed under Section 13352, 13352.4, or
13352.5.
(2) If the person was convicted of two or more separate violations
of Section 23152 or 23153, or both, that occurred within five years
of the accident, the period of revocation under subdivision (c) shall
be cumulative and shall be imposed consecutively with any period of
restriction, suspension, or revocation imposed under Section 13352 or
13352.5.
(e) The department immediately shall notify the person in writing
of the action taken and, upon the person's request in writing and
within 15 days from the date of receipt of that request, shall grant
the person an opportunity for a hearing in the same manner and under
the same conditions as provided in Article 3 (commencing with Section
14100) of Chapter 3, except as otherwise provided in this section.
For purposes of this section, the scope of the hearing shall cover
the following issues:
(1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section 23152
or 23153.
(2) Whether the person had been placed under lawful arrest.
(3) Whether a chemical test of the person's blood, breath, or
urine indicated that the blood-alcohol level was 0.08 percent or
more, by weight, at the time of testing.
If the department determines, upon a hearing of the matter, that
the person had not been placed under lawful arrest, or that a
chemical test of the person's blood, breath, or urine did not
indicate a blood-alcohol level of 0.08 percent or more, by weight, at
the time of testing, the suspension or revocation shall be
terminated immediately.
(f) This section applies if the accident occurred on or after
January 1, 1990, without regard for the dates of the violations
referred to in subdivisions (a) and (d).
(g) Notwithstanding subdivision (f), if a person's privilege to
operate a motor vehicle is required to be suspended or revoked
pursuant to this section as it read before January 1, 1990, as a
result of an accident that occurred before January 1, 1990, the
privilege shall be suspended or revoked pursuant to this section as
it read before January 1, 1990.
SEC. 28. Section 15300 of the Vehicle Code is amended to read:
15300. (a) A driver of a commercial motor vehicle may not operate
a commercial motor vehicle for a period of one year if the driver is
convicted of a first violation of any of the following:
(1) Subdivision (a), (b), or (c) of Section 23152 while operating
a motor vehicle.
(2) Subdivision (d) of Section 23152.
(3) Subdivision (a) or (b) of Section 23153 while operating a
motor vehicle.
(4) Subdivision (d) of Section 23153.
(5) Leaving the scene of an accident involving a motor vehicle
operated by the driver.
(6) Using a motor vehicle to commit a felony, other than a felony
described in Section 15304.
(7) Driving a commercial motor vehicle when the driver's
commercial driver's license is revoked, suspended, or canceled based
on the driver's operation of a commercial motor vehicle or when the
driver is disqualified from operating a commercial motor vehicle
based on the driver's operation of a commercial motor vehicle.
(8) Causing a fatality involving conduct defined pursuant to
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code.
(9) While operating a motor vehicle, refuses to submit to, or
fails to complete, a chemical test or tests in violation of Section
23612.
(10) A violation of Section 2800.1, 2800.2, or 2800.3 that
involves a commercial motor vehicle.
(b) If a violation listed in subdivision (a), or a violation
listed in paragraph (2) of subdivision (a) of Section 13350 or
Section 13352 or 13357, occurred while transporting a hazardous
material, the period specified in subdivision (a) shall be three
years.
SEC. 29. Section 15302 of the Vehicle Code is amended to read:
15302. A driver of a commercial motor vehicle may not operate a
commercial motor vehicle for the rest of his or her life if convicted
of more than one violation of any of the following:
(a) Subdivision (a), (b), or (c) of Section 23152 while operating
a motor vehicle.
(b) Subdivision (d) of Section 23152.
(c) Subdivision (a) or (b) of Section 23153 while operating a
motor vehicle.
(d) Subdivision (d) of Section 23153.
(e) Leaving the scene of an accident involving a motor vehicle
operated by the driver.
(f) Using a motor vehicle to commit a felony, other than a felony
described in Section 15304.
(g) Driving a commercial motor vehicle when the driver's
commercial driver's license is revoked, suspended, or canceled based
on the driver's operation of a commercial motor vehicle or when the
driver is disqualified from operating a commercial motor vehicle
based on the driver's operation of a commercial motor vehicle.
(h) Causing a fatality involving conduct defined pursuant to
Section 191.5 of the Penal Code or in subdivision (c) of Section 192
of the Penal Code.
(i) While operating a motor vehicle, refuses to submit to, or
fails to complete, a chemical test or tests in violation of Section
23612.
(j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves
a commercial motor vehicle.
(k) Any combination of the above violations or a violation listed
in paragraph (2) of subdivision (a) of Section 13350 or Section 13352
or 13357 that occurred while transporting a hazardous material.
SEC. 30. Section 20001 of the Vehicle Code is amended to read:
20001. (a) The driver of a vehicle involved in an accident
resulting in injury to a person, other than himself or herself, or in
the death of a person shall immediately stop the vehicle at the
scene of the accident and shall fulfill the requirements of Sections
20003 and 20004.
(b) (1) Except as provided in paragraph (2), a person who violates
subdivision (a) shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year, or by a fine
of not less than one thousand dollars ($1,000) nor more than ten
thousand dollars ($10,000), or by both that imprisonment and fine.
(2) If the accident described in subdivision (a) results in death
or permanent, serious injury, a person who violates subdivision (a)
shall be punished by imprisonment in the state prison for two, three,
or four years, or in a county jail for not less than 90 days nor
more than one year, or by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
both that imprisonment and fine. However, the court, in the interests
of justice and for reasons stated in the record, may reduce or
eliminate the minimum imprisonment required by this paragraph.
(3) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interests of justice and for reasons stated in
the record, may reduce the amount of that minimum fine to less than
the amount otherwise required by this subdivision.
(c) A person who flees the scene of the crime after committing a
violation of Section 191.5 of, or paragraph (1) or (3)
of subdivision (c) of Section 192 of the Penal Code, upon
conviction of any of those sections, in addition and consecutive to
the punishment prescribed, shall be punished by an additional term of
imprisonment of five years in the state prison. This additional term
shall not be imposed unless the allegation is charged in the
accusatory pleading and admitted by the defendant or found to be true
by the trier of fact. The court shall not strike a finding that
brings a person within the provisions of this subdivision or an
allegation made pursuant to this subdivision.
(d) As used in this section, "permanent, serious injury" means the
loss or permanent impairment of function of a bodily member or
organ.
SEC. 31. Section 22651.10 of the Vehicle Code is amended to read:
22651.10. (a) (1) Notwithstanding any other provision of law,
when a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person
for an alleged violation of Section 23152 or 23153, and the person
has one or more prior convictions within the past 10 years for a
violation of Section 23103, as specified in Section 23103.5, or of
Section 23140, 23152, or 23153, or of Section 191.5 of, or
subdivision (a) of Section 192.5 of, the Penal Code, the peace
officer may cause the removal and seizure of the motor vehicle driven
by that person in the commission of that offense in accordance with
this chapter.
(2) A motor vehicle seized under paragraph (1) may be impounded
for not more than 30 days.
(3) The seizure and impoundment of a motor vehicle under
paragraphs (1) and (2) shall be undertaken only if the county
participates in a program that combines that seizure and impoundment
with an intervention and a referral to a driving-under-the-influence
program licensed under Section 11836 of the Health and Safety Code
immediately upon the arrest or arraignment of the person described in
paragraph (1) or upon the delivery of that person to a medical
facility for treatment of any injuries.
(b) (1) The intervention shall be performed by a certified alcohol
and drug addiction counselor.
(2) The county participating in the program established under this
section shall pay for the cost of the intervention, and no part of
that cost shall be passed on to the defendant.
(c) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of
the storage in accordance with Section 22852.
(d) (1) Notwithstanding this chapter or any other provision of
law, an impounding agency shall release a motor vehicle to the
registered owner or his or her agent prior to the conclusion of the
impoundment period described in subdivision (a) under any of the
following circumstances:
(A) If the motor vehicle is a stolen motor vehicle.
(B) If the driver was not the sole registered owner of the vehicle
and the impoundment of the vehicle would cause a hardship on the
other registered owner or his or her family.
(C) If the person alleged to have violated Section 23152 or 23153
was not authorized by the registered owner of the motor vehicle to
operate the motor vehicle at the time of the commission of the
offense.
(D) If the registered owner of the motor vehicle was neither the
driver nor a passenger of the vehicle at the time of the alleged
violation of Section 23152 or 23153, or was unaware that the driver
was using the vehicle to engage in the unlawful activity described in
Section 23152 or 23153.
(E) If the legal owner or registered owner of the motor vehicle is
a rental car agency.
(F) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
(2) A motor vehicle shall be released pursuant to this subdivision
only if the registered owner or his or her agent presents a
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (F) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of Section 23152
or 23153 nor the registered owner of the motor vehicle is responsible
for towing and storage charges nor shall the motor vehicle be sold
to satisfy those charges.
(e) A motor vehicle seized and removed under subdivision (a) shall
be released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. Lien sale
processing fees shall not be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
(f) (1) The registered owner or his or her agent is responsible
for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person is convicted of a
violation of Section 23152 or 23153 and was not authorized by the
registered owner of the motor vehicle to operate the motor vehicle at
the time of the commission of the offense, the court shall order the
convicted person to reimburse the registered owner for towing and
storage charges related to the impoundment, and administrative
charges authorized under Section 22850.5 incurred by the registered
owner to obtain possession of the vehicle, unless the court finds
that the person convicted does not have the ability to pay all or
part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was rented to pay all towing
and storage charges related to the impoundment and any administrative
charges authorized under Section 22850.5 that were incurred by the
rental car agency in connection with obtaining possession of the
vehicle.
(4) The owner is not liable for towing and storage charges related
to the impoundment if acquittal or dismissal occurs. A county
implementing an impoundment program under this section shall
establish a process for the immediate return of all payments made by
the defendant relating to the impoundment upon the acquittal of the
defendant or dismissal of the case.
(5) The vehicle may not be sold prior to the defendant's
conviction.
(6) (A) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (d).
(B) Notwithstanding subparagraph (A), nothing shall prohibit an
impounding agency from making prior payment arrangements to satisfy
the requirement described in subparagraph (A).
(g) On or before January 1, 2009, the county shall report to the
Legislature regarding the effectiveness of the pilot program
authorized under this section in reducing the number of first-time
violations and repeat offenses of Section 23152 or 23153 in the
county.
(h) This section applies only to the County of Sacramento and only
if the Board of Supervisors of Sacramento County enacts an ordinance
or resolution authorizing the implementation of the pilot program in
the county.
(i) This section shall be implemented only to the extent that
funds from private or federal sources are available to fund the
program.
(j) This section shall remain operative only until January 1,
2009.
(k) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 32. Section 23502 of the Vehicle Code is amended to read:
23502. (a) Notwithstanding any other provision of law, if a
person who is at least 18 years of age is convicted of a first
violation of Section 23140, in addition to any penalties, the court
shall order the person to attend a program licensed under Section
11836 of the Health and Safety Code, subject to a fee schedule
developed under paragraph (2) of subdivision (b) of Section 11837.4
of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code, the person shall complete, at a
minimum, the education component of that licensed
driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
(c) The person's privilege to operate a motor vehicle shall be
suspended by the department as required under Section 13352.6, and
the court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the
driving-under-the-influence program required under this section.
SEC. 33. 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 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 (7) of subdivision (a)
of Section 13352, unless paragraph (6) 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. 34. Section 23558 of the Vehicle Code is amended to read:
23558. A person who proximately causes bodily injury or death to
more than one victim in any one instance of driving in violation of
Section 23153 of this code or in violation of Section 191.5 of, or
subdivision (a) of Section 192.5 of, the Penal Code, shall, upon a
felony conviction, and notwithstanding subdivision (g) of Section
1170.1 of the Penal Code, receive an enhancement of one year in the
state prison for each additional injured victim. The enhanced
sentence provided for in this section shall not be imposed unless the
fact of the bodily injury to each additional victim is charged in
the accusatory pleading and admitted or found to be true by the trier
of fact. The maximum number of one year enhancements that may be
imposed pursuant to this section is three.
Notwithstanding any other provision of law, the court may strike
the enhancements provided in this section if it determines that there
are circumstances in mitigation of the additional punishment and
states on the record its reasons for striking the additional
punishment.
SEC. 35. Section 23592 of the Vehicle Code is amended to read:
23592. (a) (1) Whenever a person is convicted of any of the
following offenses committed while driving a motor vehicle of which
he or she is the owner, the court, at the time sentence is imposed on
the person, may order the motor vehicle impounded for a period of
not more than six months for a first conviction, and not more than 12
months for a second or subsequent conviction:
(A) Driving with a suspended or revoked driver's license.
(B) A violation of Section 2800.2 resulting in an accident or
Section 2800.3, if either violation occurred within seven years of
one or more separate convictions for a violation of any of the
following:
(i) Section 23103, if the vehicle involved in the violation was
driven at a speed of 100 or more miles per hour.
(ii) Section 23152.
(iii) Section 23153.
(iv) Subdivision (a) and (b) of Section 191.5 of the Penal Code.
(v) Subdivision (c) of Section 192 of the Penal Code.
(vi) Subdivision (a) of Section 192.5 of the Penal Code.
(2) The cost of keeping the vehicle is a lien on the vehicle
pursuant to Chapter 6.5 (commencing with Section 3067) of Title 14 of
Part 4 of Division 3 of the Civil Code.
(b) Notwithstanding subdivision (a), a motor vehicle impounded
pursuant to this section that is subject to a chattel mortgage,
conditional sale contract, or lease contract shall be released by the
court to the legal owner upon the filing of an affidavit by the
legal owner that the chattel mortgage, conditional sale contract, or
lease contract is in default and shall be delivered to the legal
owner upon payment of the accrued cost of keeping the vehicle.
SEC. 36. Section 23596 of the Vehicle Code is amended to read:
23596. (a) (1) Upon its own motion or upon motion of the
prosecutor in a criminal action for a violation of any of the
following offenses, the court with jurisdiction over the offense,
notwithstanding Section 86 of the Code of Civil Procedure and any
other provision of law otherwise prescribing the jurisdiction of the
court based upon the value of the property involved, may declare the
motor vehicle driven by the defendant to be a nuisance if the
defendant is the registered owner of the vehicle:
(A) A violation of Section 191.5 of, or subdivision (a) of Section
192.5 of, the Penal Code.
(B) A violation of Section 23152 that occurred within seven years
of two or more separate offenses of Section 191.5 of, or subdivision
(a) of Section 192.5 of, the Penal Code, or Section 23152 or 23153,
or any combination thereof, that resulted in convictions.
(C) A violation of Section 23153 that occurred within seven years
of one or more separate offenses of Section 191.5 of, or subdivision
(a) of Section 192.5 of, the Penal Code, or Section 23152 or 23153,
that resulted in convictions.
(2) The court or the prosecutor shall give notice of the motion to
the defendant, and the court shall hold a hearing before a motor
vehicle may be declared a nuisance under this section.
(b) Except as provided in subdivision (g), upon the conviction of
the defendant and at the time of pronouncement of sentence, the court
with jurisdiction over the offense shall order a vehicle declared to
be a nuisance pursuant
to subdivision (a) to be sold. A vehicle ordered to be sold pursuant
to this subdivision shall be surrendered to the sheriff of the county
or the chief of police of the city in which the violation occurred.
The officer to whom the vehicle is surrendered shall promptly
ascertain from the department the names and addresses of all legal
and registered owners of the vehicle and, within five days of
receiving that information, shall send by certified mail a notice to
all legal and registered owners of the vehicle other than the
defendant, at the addresses obtained from the department, informing
them that the vehicle has been declared a nuisance and will be sold
or otherwise disposed of pursuant to this section and of the
approximate date and location of the sale or other disposition. The
notice shall also inform a legal owner of its right to conduct the
sale pursuant to subdivision (c).
(c) The legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed finance institution
legally operating in this state, or the agent of that legal owner,
may take possession and conduct the sale of the vehicle declared to
be a nuisance if it notifies the officer to whom the vehicle is
surrendered of its intent to conduct the sale within 15 days of the
mailing of the notice pursuant to subdivision (b). Sale of the
vehicle pursuant to this subdivision may be conducted at the time, in
the manner, and on the notice usually given for the sale of
repossessed or surrendered vehicles. The proceeds of a sale conducted
by the legal owner shall be disposed of as provided in subdivision
(e). A notice pursuant to this subdivision may be presented in
person, by certified mail, by facsimile transmission, or by
electronic mail. The agent of a legal owner acting pursuant to this
subdivision shall be licensed, or exempt from licensure, pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code.
(d) If the legal owner or the agent of the legal owner does not
notify the officer to whom the vehicle is surrendered of its intent
to conduct the sale as provided in subdivision (c), the officer shall
offer the vehicle for sale at public auction within 60 days of
receiving the vehicle. At least 10 days but not more than 20 days
prior to the sale, not counting the day of the sale, the officer
shall give notice of the sale by advertising once in a newspaper of
general circulation published in the city or county, as the case may
be, in which the vehicle is located, that notice shall contain a
description of the make, year, model, identification number, and
license number of the vehicle and the date, time, and location of the
sale. For motorcycles, the engine number shall also be included. If
there is no newspaper of general circulation published in the county,
notice shall be given by posting a notice of sale containing the
information required by this subdivision in three of the most public
places in the city or county in which the vehicle is located, and at
the place where the vehicle is to be sold, for 10 consecutive days
prior to and including the day of the sale.
(e) The proceeds of a sale conducted pursuant to this section
shall be disposed of in the following priority:
(1) To satisfy the costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of the sale,
including accrued interest or finance charges and delinquency
charges.
(3) To the holder of a subordinate lien or encumbrance on the
vehicle to satisfy any indebtedness so secured if written
notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall reasonably furnish reasonable proof
of its interest and, unless it does so on request, is not entitled to
distribution pursuant to this paragraph.
(4) To any other person who can establish an interest in the
vehicle, including a community property interest, to the extent of
his or her provable interest.
(5) If the vehicle was forfeited as a result of a felony violation
of subdivision (a) of Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code, or of Section 23153 that resulted
in serious bodily injury to a person other than the defendant, the
balance, if any, to the city or county in which the violation
occurred, to be deposited in its general fund.
(6) Except as provided in paragraph (5), the balance, if any, to
the city or county in which the violation occurred, to be expended
for community-based adolescent substance abuse treatment services.
The person conducting the sale shall disburse the proceeds of the
sale as provided in this subdivision, and provide a written
accounting regarding the disposition to all persons entitled to or
claiming a share of the proceeds, within 15 days after the sale is
conducted.
(f) If the vehicle to be sold under this section is not of the
type that can readily be sold to the public generally, the vehicle
shall be destroyed or donated to an eleemosynary institution.
(g) No vehicle shall be sold pursuant to this section in either of
the following circumstances:
(1) The vehicle is stolen, unless the identity of the legal and
registered owners of the vehicle cannot be reasonably ascertained.
(2) The vehicle is owned by another, or there is a community
property interest in the vehicle owned by a person other than the
defendant and the vehicle is the only vehicle available to the
defendant's immediate family that may be operated on the highway with
a class 3 or class 4 driver's license.
(h) The Legislature finds and declares it to be the public policy
of this state that no policy of insurance shall afford benefits that
would alleviate the financial detriment suffered by a person as a
direct or indirect result of a confiscation of a vehicle pursuant to
this section.
SEC. 37. Section 23612 of the Vehicle Code is amended to read:
23612. (a) (1) (A) A person who drives a motor vehicle is deemed
to have given his or her consent to chemical testing of his or her
blood or breath for the purpose of determining the alcoholic content
of his or her blood, if lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153. If a blood
or breath test, or both, are unavailable, then paragraph (2) of
subdivision (d) applies.
(B) A person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for an offense allegedly committed in violation
of Section 23140, 23152, or 23153.
(C) The testing shall be incidental to a lawful arrest and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153.
(D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
10 years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or subdivision (a) of Section 192.5 of the Penal Code that
resulted in a conviction, or if the person's privilege to operate a
motor vehicle has been suspended or revoked pursuant to Section
13353, 13353.1, or 13353.2 for an offense that occurred on a separate
occasion, or (iii) the revocation of the person's privilege to
operate a motor vehicle for a period of three years if the refusal
occurs within 10 years of two or more separate violations of Section
23103 as specified in Section 23103.5, or of Section 23140, 23152, or
23153, or of Section 191.5 or subdivision (a) of Section of 192.5 of
the Penal Code, or any combination thereof, that resulted in
convictions, or if the person's privilege to operate a motor vehicle
has been suspended or revoked two or more times pursuant to Section
13353, 13353.1, or 13353.2 for offenses that occurred on separate
occasions, or if there is any combination of those convictions or
administrative suspensions or revocations.
(2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice. If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test. If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
(B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
(C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of a drug or the combined influence of an alcoholic
beverage and a drug and if the officer has a clear indication that a
blood or urine test will reveal evidence of the person being under
the influence. The officer shall state in his or her report the facts
upon which that belief and that clear indication are based. The
person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine. If the person arrested either
is incapable, or states that he or she is incapable, of completing
either chosen test, the person shall submit to and complete the other
remaining test.
(3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, and,
because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests that are available at the facility to which that person
has been transported. In that case, the officer shall advise the
person of those tests that are available at the medical facility and
that the person's choice is limited to those tests that are
available.
(4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.
(5) A person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle. A person who is dead is deemed not to have withdrawn his or
her consent and a test or tests may be administered at the direction
of a peace officer.
(b) A person who is afflicted with hemophilia is exempt from the
blood test required by this section.
(c) A person who is afflicted with a heart condition and is using
an anticoagulant under the direction of a licensed physician and
surgeon is exempt from the blood test required by this section.
(d) (1) A person lawfully arrested for an offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
(2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood. If both the blood and breath tests are unavailable, the person
shall be deemed to have given his or her consent to chemical testing
of his or her urine and shall submit to a urine test.
(e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person. The notice shall be on a form provided by the
department.
(f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of all driver's
licenses issued by this state that are held by the person. The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
(g) (1) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 13380, to the department. If the person submitted
to a blood or urine test, the peace officer shall forward the
results immediately to the appropriate forensic laboratory. The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.
(2) (A) Notwithstanding any other provision of law, a document
containing data prepared and maintained in the governmental forensic
laboratory computerized database system that is electronically
transmitted or retrieved through public or private computer networks
to or by the department is the best available evidence of the
chemical test results in all administrative proceedings conducted by
the department. In addition, any other official record that is
maintained in the governmental forensic laboratory, relates to a
chemical test analysis prepared and maintained in the governmental
forensic laboratory computerized database system, and is
electronically transmitted and retrieved through a public or private
computer network to or by the department is admissible as evidence in
the department's administrative proceedings. In order to be
admissible as evidence in administrative proceedings, a document
described in this subparagraph shall bear a certification by the
employee of the department who retrieved the document certifying that
the information was received or retrieved directly from the
computerized database system of a governmental forensic laboratory
and that the document accurately reflects the data received or
retrieved.
(B) Notwithstanding any other provision of law, the failure of an
employee of the department to certify under subparagraph (A) is not a
public offense.
(h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
(i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
The person's obligation to submit to a blood, breath, or urine test,
as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test. The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.
SEC. 38. Section 23620 of the Vehicle Code is amended to read:
23620. (a) For the purposes of this division, Section 13352, and
Chapter 12 (commencing with Section 23100) of Division 11, a separate
offense that resulted in a conviction of a violation of subdivision
(f) of Section 655 of the Harbors and Navigation Code or of Section
191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code is a
separate offense of a violation of Section 23153.
(b) For the purposes of this division and Chapter 12 (commencing
with Section 23100) of Division 11, and Section 13352, a separate
offense that resulted in a conviction of a violation of subdivision
(b), (c), (d), or (e) of Section 655 of the Harbors and Navigation
Code is a separate violation of Section 23152.
SEC. 39. Section 23626 of the Vehicle Code is amended to read:
23626. A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or the Dominion of Canada that, if
committed in this state, would be a violation of Section 23152 or
23153 of this code, or Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code, is a conviction of Section 23152 or
23153 of this code, or Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code for the purposes of this code.
SEC. 40. Section 40509.5 of the Vehicle Code is amended to read:
40509.5. (a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), a person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, including, but not limited to, a written notice
to appear issued in accordance with Section 40518, the magistrate or
clerk of the court may give notice of the failure to appear to the
department for a violation of this code, a violation that can be
heard by a juvenile traffic hearing referee pursuant to Section 256
of the Welfare and Institutions Code, or a violation of any other
statute relating to the safe operation of a vehicle, except
violations not required to be reported pursuant to paragraphs (1),
(2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter the case in which the promise was given is adjudicated or
the person who has violated the court order appears in court and
satisfies the order of the court, the magistrate or clerk of the
court hearing the case shall sign and file with the department a
certificate to that effect.
(b) If, with respect to an offense described in subdivision (e), a
person has willfully failed to pay a lawfully imposed fine within
the time authorized by the court or to pay a fine pursuant to
subdivision (a) of Section 42003, the magistrate or clerk of the
court may give notice of the fact to the department for a violation,
except violations not required to be reported pursuant to paragraphs
(1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter the fine is fully paid, the magistrate or clerk of the
court shall issue and file with the department a certificate showing
that the fine has been paid.
(c) If a person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or subdivision (a) of
Section 192.5 of that code has violated a lawfully granted
continuance of his or her promise to appear in court or is released
from custody on his or her own recognizance and fails to appear in
court or before the person authorized to receive a deposit of bail,
or violated an order to appear in court, the magistrate or clerk of
the court shall give notice to the department of the failure to
appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall prepare and forward to
the department a certificate to that effect.
(d) Except as required under subdivision (c), the court shall mail
a courtesy warning notice to the defendant by first-class mail at
the address shown on the notice to appear, at least 10 days before
sending a notice to the department under this section.
(e) If the court notifies the department of a failure to appear or
pay a fine pursuant to subdivision (a) or (b), no arrest warrant
shall be issued for an alleged violation of subdivision (a) or (b) of
Section 40508, unless one of the following criteria is met:
(1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing with
Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a
valid California driver's license.
(4) The driver's record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear for
one or more other alleged violations of the law.
(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.
(g) This section is applicable to courts that have elected to
provide notice pursuant to subdivision (b). The method of commencing
or terminating an election to proceed under this section shall be
prescribed by the department.
(h) A violation subject to Section 40001, that is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
SEC. 41. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.