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AB-79 Driver’s licenses: suspension.(1993-1994)

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AB79:v93#DOCUMENT

Assembly Bill No. 79
CHAPTER 38

An act to add and repeal Sections 13202.3 and 14907 of the Vehicle Code, relating to vehicles, and making an appropriation therefor.

[ Filed with Secretary of State  September 27, 1994. Approved by Governor  September 24, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 79, Frazee. Driver’s licenses: suspension.
(1)  Existing law authorizes a court to suspend, or order that the Department of Motor Vehicles revoke, the privilege of any person to operate a motor vehicle upon conviction of any offense related to controlled substances, as specified, if the use of a motor vehicle was involved in, or incidental to, the commission of the offense.
This bill would require the Department of Motor Vehicles, with specified exceptions, to immediately suspend or delay the privilege of any person to drive a motor vehicle for 6 months upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any specified controlled substance offense. The bill would require the department, for each successive offense, to suspend or delay the privilege for an additional 6 months.
The bill would require a court that convicts a person of any specified controlled substance offense to require all driver’s licenses held by the person to be surrendered to the court. The bill would require the court to transmit a certified abstract of the conviction, together with any driver’s license surrendered, to the department not later than 10 days after the conviction.
The bill would require the payment of a $24 fee to the department before a driver’s license may be issued, reissued, or returned to a person after the suspension or delay of a person’s privilege to operate a motor vehicle pursuant to the above provisions.
The above provisions of the bill would be repealed one year following their effective date.
The bill would set forth certain legislative findings and declarations.
(2)  The bill would appropriate $1,023,000 from the Motor Vehicle Account in the State Transportation Fund to the department to implement the provisions of the bill.
The bill would create a state-mandated local program by imposing new duties on the courts. (3)  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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 (a)  The Legislature finds and declares all of the following:
(1)  On November 5, 1990, the President of the United States signed into law Public Law 101-516, which governs appropriations of federal transportation funds to the states.
(2)  Public Law 101-516 requires states to enact laws that mandate suspending or revoking the driver’s license of any person convicted of specified controlled substance violations. A state’s failure to enact conforming laws will result in its loss of federal transportation funds.
(3)  Although California already has driver’s license suspension and revocation laws applicable to drug violations committed by juveniles, and strict requirements for persons convicted of driving under the influence of drugs, compliance with the federal law requires California to enact further laws governing other nondriving controlled substances violations or for the Governor and Legislature to declare that California will not enact those laws.
(4)  The Legislature has determined that a driver’s license suspension serves as a deterrent for nondriving-related offenses and has, accordingly, enacted laws requiring a suspension for certain public offenses including truancy, graffiti, and vandalism, as well as for nonpayment of child support.
(5)  Early alcohol and drug intervention, treatment, and rehabilitation services benefit individuals who are abusing and misusing alcohol and other drugs. The Legislature encourages the use of appropriate services, including diversion programs, available under existing law, so individuals can address their alcohol and other drug abuse problems.
(b)  Therefore, it is the intent of the Legislature to enact temporary provisions that adhere to the federal requirements set forth in Public Law 101-516 by requiring the suspension or revocation of the driver’s license of a person convicted of violating the California Uniform Controlled Substances Act, Division 10 (commencing with Section 11000) of the Health and Safety Code, involving the possession, distribution, manufacture, cultivation, sale, or transfer of any substance or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer of any of those substances, the possession of which is prohibited under that division.
(c)  It is the further intent of the Legislature that the Secretary of State transmit to the President and Congress of the United States the Legislature’s intent that the federal requirements identified under subdivision (b) be repealed.

SEC. 2.

 Section 13202.3 is added to the Vehicle Code, to read:

13202.3.
 (a)  The department shall immediately suspend or delay the privilege of any person to drive a motor vehicle for six months upon receipt of a duly certified abstract of the record of any court showing the person has been convicted of any controlled substance offense specified in subdivision (c). For each successive offense, the department shall suspend the person’s driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for an additional six months. This subdivision does not apply if, upon conviction, the court orders the department to suspend, restrict, or revoke the driving privilege as required under Section 13202 or 13202.5, if the suspension, restriction, or revocation is for a period of not less than six months.
(b)  In the absence of compelling circumstances warranting an exception, whenever a court in this state convicts a person of any controlled substance offense specified in subdivision (c), the court in which the conviction occurs shall require all driver’s licenses held by the person to be surrendered to the court. The court shall, not later than 10 days after the conviction, transmit to the department a certified abstract of the conviction, together with any driver’s license surrendered.
(c)  This section applies to convictions involving controlled substances contained in the following provisions:
(1)  The laws of the United States, each state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. For purposes of this subdivision, “conviction” means a conviction of any controlled substance offense prohibited by any federal or state law, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any controlled substance offense.
(2)  Division 10 (commencing with Section 11000) of the Health and Safety Code, involving the possession, distribution, manufacture, cultivation, sale, or transfer of any substance or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any of those substances, the possession of which is prohibited under that division.
(3)  Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.
(d)  Suspension or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of any violation specified in subdivision (c), unless the court has ordered suspension, revocation, or restriction as required under Section 13202 or 13202.5.
(e)  This section shall remain in effect only until one year following its effective date and as of that date is repealed, unless a later enacted statute, which is enacted before that date, deletes or extends the date.

SEC. 3.

 Section 14907 is added to the Vehicle Code, to read:

14907.
 (a)  Notwithstanding any other provision of this code, in lieu of the fees in Section 14904, before a driver’s license may be issued, reissued, or returned to a person after the suspension or delay of the person’s privilege to operate a motor vehicle pursuant to Section 13202.3, there shall be paid to the department a fee in an amount of twenty-four dollars ($24) to pay the costs of the administration of these license actions by the department.
(b)  This section does not apply to a suspension or revocation that is set aside by the department or a court.
(c)  This section shall remain in effect only until one year following its effective date and as of that date is repealed, unless a later enacted statute, which is enacted before that date, deletes or extends the date.

SEC. 4.

 The sum of one million twenty-three thousand dollars ($1,023,000) is hereby appropriated from the Motor Vehicle Account in the State Transportation Fund to the Department of Motor Vehicles to implement Section 13202.3 of the Vehicle Code.

SEC. 5.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.