Bill Text: CA AB614 | 2009-2010 | Regular Session | Introduced
Bill Title: Driving under the influence (DUI): refusal to submit to
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-13 - From committee without further action pursuant to Joint Rule 62(a). [AB614 Detail]
Download: California-2009-AB614-Introduced.html
BILL NUMBER: AB 614 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Miller
FEBRUARY 25, 2009
An act to amend Section 13353 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 614, as introduced, Miller. Driving under the influence (DUI):
refusal to submit to chemical tests.
(1) Existing law requires the Department of Motor Vehicles to
suspend or revoke a person's privilege to operate a motor vehicle, as
specified, if the person refuses an officer's request to submit to,
or fails to complete, a chemical test or tests for alcohol or drugs,
upon receipt of the officer's sworn statement that the officer had
reasonable cause to believe that the person had been driving a motor
vehicle while under the influence (DUI) and that the person had
refused to submit to, or did not complete, the test or tests after
being requested by the officer. A violation of this provision is a
crime.
This bill would in addition impose the same punishment for a
refusal to submit to a chemical text for a first violation, or for
one or more violations or DUI offenses occurring within 10 years, as
the punishment for DUI committed under similar circumstances. By
adding imprisonment in the county jail to this offense, the bill
would impose a state-mandated local program.
(2) 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 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.
(g) In addition to the punishment imposed under subdivision (a)
for a refusal to submit to a chemical test pursuant to Section 23612,
the person shall be punished as specified in Section 23536. If a
person is found to have violated subdivision (a) and the offense
occurred within 10 years of one or more separate violations of
subdivision (a) or convictions pursuant to Section 23103.5, 23152, or
23153, the person shall be punished pursuant to Section 23540,
23546, 23548, 23550, 23550.5, or 23552, as applicable, to the same
extent those sections apply to one, two, or three or more separate
violations or convictions within 10 years of an underlying violation.
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.
