Today's Law As Amended


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SB-666 Driver’s license revocation.(1991-1992)



As Amends the Law Today


SECTION 1.

 Section 2800.3 of the Vehicle Code is amended to read:

2800.3.
 (a)  Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death or  serious bodily injury to any person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for two,  three, five, or seven years,  or four years or  by imprisonment in a the  county jail for not more than one year, or by a fine of not less than two one  thousand dollars ($2,000) ($1,000)  nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death to a person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for a term of 4, 6, or 10 years.
(c) Nothing in this section shall preclude the imposition of a greater sentence pursuant to Section 190 of the Penal Code or any other provisions of law applicable to punishment for an unlawful death.
(d)  For the  purposes of this section, “serious bodily injury” has the same meaning as defined in paragraph (4) (5)  of subdivision (f) of Section 243 of the Penal Code.

SEC. 2.

 Section 13201 of the Vehicle Code is amended to read:

13201.
 A court may suspend, for not more than six months, the privilege of a any  person to operate a motor vehicle upon conviction of any of the following offenses:
(a)   Failure of the driver of a vehicle involved in an accident to stop or otherwise comply with Section 20002.  
(b)   Reckless driving proximately causing bodily injury to a any  person under Section 23104 or 23105. 23104.  
(c)   Failure of the driver of a vehicle to stop at a railway grade crossing as required by Section 22452.  
(d)   Evading a peace officer in violation of Section 2800.1 or 2800.2, or in violation of Section 2800.3 if the person’s license is not revoked for that violation pursuant to paragraph (3) of subdivision (a) of Section 13351.  
(e) (1) Knowingly causing or participating in a vehicular collision, or any other vehicular accident, for the purpose of presenting or causing to be presented any false or fraudulent insurance claim.
(2) In lieu of suspending a person’s driving privilege pursuant to paragraph (1), the court may order the privilege to operate a motor vehicle restricted to necessary travel to and from that person’s place of employment for not more than six months. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may restrict the driving privilege to allow driving in that person’s scope of employment. Whenever a person’s driving privilege is restricted pursuant to this paragraph, the person shall be required to maintain proof of financial responsibility.

SEC. 3.

 Section 13350 of the Vehicle Code is amended to read:

13350.
 (a)   The department immediately  shall immediately  revoke the privilege of a any  person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a any  court showing that the person has been convicted of any of the following crimes or offenses:  
(1)   Failure of the driver of a vehicle involved in an accident resulting in injury or death to a any  person to stop or otherwise comply with Section 20001.  
(2)   A Any  felony in the commission of which a motor vehicle is used, except as provided for  in Section 13351, 13352, or 13357.  
(3)   Reckless driving causing bodily injury.  
(b)   If a person is convicted of a violation of Section 23152 punishable under Section 23546, 23550,  23170  or 23550.5, 23175,  or a violation of Section 23153 punishable under Section 23550.5 or 23566,  23190,  including a violation of subdivision (b) paragraph (3) of subdivision (c)  of Section 191.5 192  of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging his or her understanding of the revocation required by paragraph (5), (6), (6)  or (7) of subdivision (a) of Section 13352, 13352  and an acknowledgment of his or her designation as a an  habitual traffic offender. A copy of this affidavit shall be transmitted, transmitted  with the license or temporary permit, permit  to the department within the prescribed 10 days.  
(c)   The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility  ability to respond in damages  as defined in Section 16430.  

SEC. 4.

 Section 13350.5 of the Vehicle Code is amended to read:

13350.5.
 Notwithstanding Section 13350, for the purposes of this article, conviction of a violation of subdivision (b) paragraph (3) of subdivision (c)  of Section 191.5 192  of the Penal Code is a conviction of a violation of Section 23153.

SEC. 5.

 Section 13351 of the Vehicle Code is amended to read:

13351.
 (a)   The department immediately  shall immediately  revoke the privilege of a any  person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a any  court showing that the person has been convicted of any of the following crimes or offenses:  
(1)   Manslaughter resulting from the operation of a motor vehicle, vehicle  except when convicted under paragraph (2) of subdivision (c) of Section 192 of the Penal Code.  
(2)   Conviction  Upon conviction  of three or more violations of Section 20001, 20002, 23103, 23104,  or 23105 23104  within a period of 12 months from the time of the first offense to the third or subsequent offense, or upon  a combination of three or more convictions of violations within the same a like  period.  
(3)   Violation of subdivision (a) of  Section 191.5 or subdivision (a) of Section 192.5 of  of  the Penal Code or of Section 2800.3 causing serious bodily injury resulting in a serious impairment of physical condition, including, but not limited to, loss of consciousness, concussion, serious bone fracture, protracted loss or impairment of function of any bodily member or organ, and serious disfigurement.  
(b)   The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of three years after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility,  ability to respond in damages  as defined in Section 16430.