Bill Text: CA AB2690 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Driving under the influence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 509, Statutes of 2014. [AB2690 Detail]

Download: California-2013-AB2690-Chaptered.html

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BILL NUMBER: AB 2690	CHAPTERED
	BILL TEXT

	CHAPTER  509
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2014
	PASSED THE SENATE  AUGUST 25, 2014
	PASSED THE ASSEMBLY  MAY 28, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Mullin
   (Principal coauthor: Senator Hill)

                        FEBRUARY 21, 2014

   An act to amend Section 23550.5 of the Vehicle Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2690, Mullin. Driving under the influence.
   Existing law makes it a crime to operate a vehicle while under the
influence of alcohol or drugs, and sets forth the penalties for a
violation of these provisions. Existing law provides that a person
who is guilty of driving under the influence or driving under the
influence causing injury, is subject to enhanced penalties if the
current offense occurred within 10 years of a prior conviction that
was punished as a felony for driving under the influence, driving
under the influence causing injury, or vehicular manslaughter with
gross negligence.
   This bill would instead authorize those enhanced penalties for a
current conviction for driving under the influence or driving under
the influence causing injury that occurs within 10 years of a
separate conviction that was punished as a felony for driving under
the influence, driving under the influence causing injury, or
vehicular manslaughter with gross negligence.
   By changing the scope of penalties for existing crimes, this bill
would impose a state-mandated local program.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 separate 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 separate violation of Section 23153 that was punished as a
felony.
   (3) A separate 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 pursuant to 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. 2.  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.