Bill Text: CA SB1203 | 2011-2012 | Regular Session | Amended

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Bill Title: Vehicles: driving under the influence: reward for

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1203 Detail]

Download: California-2011-SB1203-Amended.html

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BILL NUMBER: SB 1203	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 18, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Calderon

                        FEBRUARY 22, 2012

   An act to add Section 23151 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1203, as amended, Calderon. Vehicles: driving under the
influence: reward for reporting. 
    Existing 
    (1)     Existing  law prohibits any
person who is under the influence of any alcoholic beverage or drug,
or under the combined influence of any alcoholic beverage and drug,
from driving a vehicle, or any person who has 0.08% or more, by
weight, of alcohol in his or her blood from driving a vehicle.
   This bill would establish a reward of $100 for a person who
reports a  drunk  driver  upon conviction of
the driver   who is later convicted of driving under
the influence as specified above  . The bill would require the
court to order the offender to pay the reward. The bill would 
also  require that the identity of the person who reports 
such  a  drunk driver not be disclosed to the
driver or any other person unless required by law and then only upon
a determination by the court that the disclosure is constitutionally
required, except  that  the bill would require the law
enforcement agency that receives the report to provide the reward
recipient's identifying information to the agency responsible for
 dispersing   disbursing  the reward. 
By expanding the duties of local law enforcement officials, the bill
would impose a state-mandated local program.  
   The bill would require that the reward be paid only after victim
restitution and every other fine, penalty, assessment, reimbursement,
or forfeiture imposed pursuant to a conviction for driving under the
influence have been paid and collected in full as provided by law.
 
   (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:  no   yes  .


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) One person is killed every half hour due to drunk driving.
   (b) Each year approximately 16,000 persons are killed in
alcohol-related crashes.
   (c) Alcohol is a factor in almost one-half of all traffic
fatalities.
   (d) Every other minute a person is seriously injured in an
alcohol-related crash.
   (e) The reporting of drunk drivers is of the highest importance in
reducing the number of deaths and injuries that result from
alcohol-related crashes.
   (f) Every person should be encouraged to report drunk drivers to
law enforcement agencies as a community response to the dangers of
drinking and driving.
   (g) In order to encourage people to report drunk drivers and
thereby reduce the harm caused by drunk drivers on the road, the
Legislature finds that it is necessary to reward a person who reports
a  drunk  driver who is as a result subsequently
convicted of a drunk driving offense.
   (h) The Legislature also finds that it is necessary to protect, to
the greatest extent possible, the identity of the 911 caller who
receives a reward from any possible retaliation or threats of harm
for having reported a drunk driver to a law enforcement agency.
  SEC. 2.  Section 23151 is added to the Vehicle Code, to read:
   23151.  (a) The person who reports a driver who is later convicted
of a violation of Section 23152 or 23153 shall, upon conviction of
the offender, receive a reward of one hundred dollars ($100). The
court shall order that the driver pay the reward in addition to any
other penalty imposed by law for a violation of Section 23152 or
23153.
   (b) The identity of the person who reported a driver pursuant to
subdivision (a) shall not be disclosed to the driver or any other
person unless required by law and then only upon a determination by
the court that the disclosure is constitutionally required.
   (c) Notwithstanding subdivision (b), the Department of the
California Highway Patrol or any other law enforcement agency that
receives a report of a  drunk  driver pursuant to
subdivision (a) shall provide the reward recipient's identifying
information to the local or state agency responsible for 
dispersing   disbursing  the reward. 
   (d) Notwithstanding any other law, the reward authorized pursuant
to subdivision (a) shall be paid only after victim restitution and
every other fine, penalty, assessment, reimbursement, or forfeiture
imposed pursuant to a conviction for a violation of Section 23152 or
23153 have been paid and collected in full as provided by law. 
   SEC.   3.    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.