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AB-1104 Vehicles: driving-under-the-influence (DUI).(2011-2012)

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Amended  IN  Assembly  May 04, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1104


Introduced  by  Assembly Member Pan, Dickinson

February 18, 2011


An act to amend Section 23665 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1104, as amended, Pan. Vehicles: driving-under-the-influence (DUI).
Existing law authorizes a court to postpone the revocation or suspension of a person’s driving privilege until the term of imprisonment is served if that person was convicted of certain DUI provisions, among other things, and sentenced to serve one year in a county jail or more than one year in the state prison.
This bill would instead require the court Department of Motor Vehicles, upon receipt of a duly certified abstract of record of a court, to postpone the revocation or suspension of a person’s driving privilege until the term of imprisonment is served, and notify the department of the postponement, if that person was convicted of certain DUI provisions and sentenced to serve any time incarceration in a county jail or the state prison.
The bill would require the California Department of Corrections and Rehabilitation to notify the department 30 days prior to the release of an inmate whose license was suspended.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23665 of the Vehicle Code is amended to read:

23665.
 (a) If a person is convicted of a violation of Section 20001 and is sentenced to one year in a county jail or more than one year in the state prison, the court may postpone the revocation or suspension of the person’s driving privilege until the term of imprisonment is served.
(b) If a person is convicted of a violation of Section 23152 or 23153 and is sentenced to serve time in a county jail or incarceration in the state prison under Section 23540, 23542, 23546, 23548, 23550, 23550.5, 23552, 23554, 23556, 23558, 23560, 23562, 23566, or 23568, the court shall postpone the revocation or suspension of the person’s driving privilege until the term of imprisonment is served and shall notify the department of the postponement. department shall, upon receipt of a duly certified abstract of record of a court, postpone the revocation or suspension of the person’s driving privilege until the term of imprisonment is served. The California Department of Corrections and Rehabilitation shall notify the department 30 days prior to the release of an inmate whose license has been suspended.