Bill Text: CA SB780 | 2011-2012 | Regular Session | Introduced
Bill Title: Vehicles: driving offenses: punishment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB780 Detail]
Download: California-2011-SB780-Introduced.html
BILL NUMBER: SB 780 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Emmerson
FEBRUARY 18, 2011
An act to amend Sections 20001, 23217, 23540, 23546, 23550,
23550.5, 23560, and 23566 of the Vehicle Code, relating to Vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 780, as introduced, Emmerson. Vehicles: driving offenses:
punishment.
(1) Existing law requires, if a person is convicted of a specified
driving-under-the-influence (DUI) offense and the offense occurred
within 10 years of 2, or 3 or more prior specified DUI offenses that
resulted in a conviction, that the person be punished by enhanced
penalties, and that the person's privilege to operate a motor vehicle
be revoked by the department for a period of 2, 3, 4, or 5 years, as
applicable.
This bill would delete the 10-year limitation. In addition, the
bill would increase the punishment for driving under the influence of
alcohol or a drug without causing bodily injury with 2 prior
separate convictions for specified DUI offenses, from imprisonment in
a county jail for not less than 120 days nor more than one year, to
imprisonment in the state prison, nor in a county jail for not less
than 180 days no more than one year.
(2) Existing law requires 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 to immediately stop the vehicle
at the scene of the accident and provide specified personal
information to the injured person or the occupants of the other
vehicle and to any traffic or police officer at the scene of the
accident. In the case of the death of any person and the absence of a
traffic or police officer at the scene of the accident, the driver
of the vehicle is required to report the accident to the nearest
office of the Department of the Highway Patrol or office of a duly
authorized police authority and submit the required personal
information.
Existing law requires, among other things, that a person who flees
the scene of the crime after committing vehicular manslaughter with
gross negligence, vehicular manslaughter while intoxicated, or gross
vehicular manslaughter while intoxicated, upon conviction of any of
those crimes, in addition and consecutive to the punishment
prescribed, be punished by an additional term of imprisonment of 5
years in the state prison.
This bill would add murder to the above-described crimes, thereby
subjecting a person who flees the scene of the crime after committing
murder, upon a conviction, to an additional 5-year state prison
term.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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)
of subdivision (c) of Section 192 , of the Penal Code,
or after committing a murder as charged under Section 187 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. 2. Section 23217 of the Vehicle Code is amended to read:
23217. (a) The Legislature finds and
declares that some repeat offenders of the prohibition against
driving under the influence of alcohol or drugs, when they are
addicted or when they have too much alcohol in their systems, may be
escaping the intent of the Legislature to punish the offender with
progressively greater severity if the offense is repeated one or more
times within a 10-year period . This situation
may occur when a conviction for a subsequent offense occurs before a
conviction is obtained on an earlier offense.
The
(b) The Legislature further finds
and declares that the timing of court proceedings should not permit
a person to avoid aggravated mandatory minimum penalties for multiple
separate offenses occurring within a 10-year period
. It is the intent of the Legislature to provide that a
person be subject to enhanced mandatory minimum penalties for
multiple offenses within a period of 10 years ,
regardless of whether when the
convictions are obtained in the same sequence as the
for those offenses had been committed
obtained .
Nothing
(c) Nothing in this section
requires consideration of judgment of conviction in a separate
proceeding that is entered after the judgment in the present
proceeding, except as it relates to violation of probation.
Nothing
(d) Nothing in this section or the
amendments to Section 23540, 23546, 23550, 23560, 23566, 23622, or
23640 made by Chapter 1205 of the Statutes of 1984 affects the
penalty for a violation of Section 23152 or 23153 occurring prior to
January 1, 1985.
SEC. 3. Section 23540 of the Vehicle Code is amended to read:
23540. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153,
that resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor 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). The
person's privilege to operate a motor vehicle shall be suspended by
the department pursuant to paragraph (3) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
(c) This section shall become operative on September 20, 2005.
SEC. 4. Section 23546 of the Vehicle Code is amended to read:
23546. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of two separate violations
of Section 23103, as specified in Section 23103.5, 23152, or 23153,
or any combination thereof, that resulted in convictions, that person
shall be punished by imprisonment in the state prison, or in a
county jail for not less than 120 180
days nor 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). The person's privilege to operate a motor
vehicle shall be revoked by the Department of Motor Vehicles as
required in paragraph (5) of subdivision (a) of Section 13352. The
court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 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 pursuant to subdivision
(b) of Section 13350.
SEC. 5. Section 23550 of the Vehicle Code, as amended by Section 3
of Chapter 301 of the Statutes of 2010, is amended to read:
23550. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years
person was previously convicted of three or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination thereof, that resulted in
convictions, that person shall be punished by imprisonment in the
state prison, or in a county jail for not less than 180 days nor 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). The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (7) of
subdivision (a) of Section 13352. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(b) A person convicted of a violation of Section 23152 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 pursuant to subdivision
(b) of Section 13350.
SEC. 6. Section 23550.5 of the Vehicle Code, as amended by Section
4 of Chapter 301 of the Statutes of 2010, 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
person was previously convicted 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. 7. Section 23560 of the Vehicle Code is amended to read:
23560. If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years
person was previously convicted of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than five thousand
dollars ($5,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (4) of subdivision (a) of Section 13352. The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.
SEC. 8. Section 23566 of the Vehicle Code, as amended by Section 6
of Chapter 301 of the Statutes of 2010, is amended to read:
23566. (a) If a person is convicted of a violation of Section
23153 and the offense occurred within 10 years
person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination of these violations, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison for a term of two, three, or four
years and by a fine of not less than one thousand fifteen dollars
($1,015) nor more than five thousand dollars ($5,000). The person's
privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (6) of subdivision
(a) of Section 13352. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(b) If a person is convicted of a violation of Section 23153, and
the act or neglect proximately causes great bodily injury, as defined
in Section 12022.7 of the Penal Code, to any person other than the
driver, and the offense occurred within 10 years
person was previously convicted of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination of these violations, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison for a term of two, three, or four
years and by a fine of not less than one thousand fifteen dollars
($1,015) nor more than five thousand dollars ($5,000). The person's
privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (6) of subdivision
(a) of Section 13352. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(c) If a person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within 10
years person was previously convicted of four
or more separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
(d) A person convicted of Section 23153 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 pursuant to subdivision (b) of
Section 13350.
(e) A person confined in state prison under this section shall be
ordered by the court to participate in an alcohol or drug program, or
both, that is available at the prison during the person's
confinement. Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(6) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
