Bill Text: CA SB1237 | 2013-2014 | Regular Session | Introduced

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Bill Title: Vehicles: driving under the influence: alcohol programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-06 - Referred to Com. on RLS. [SB1237 Detail]

Download: California-2013-SB1237-Introduced.html

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BILL NUMBER: SB 1237	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella

                        FEBRUARY 20, 2014

   An act to amend Section 23502 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1237, as introduced, Cannella. Vehicles: driving under the
influence: alcohol programs.
   Existing law makes it a crime for a person under 21 years of age
who has 0.05% or more, by weight, of alcohol in his or her blood to
drive a vehicle. If a person at least 18 years of age is convicted of
a first violation of that offense, existing law requires the court,
in addition to any penalties, to order the person to attend a
licensed driving-under-the-influence program and to pay a fee to
attend the program.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  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.