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SB-67 Sentencing: driving under the influence.(2017-2018)

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Date Published: 04/18/2017 09:00 PM
SB67:v98#DOCUMENT

Amended  IN  Senate  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 67


Introduced by Senator Bates
(Coauthor: Senator Stone)

January 05, 2017


An act to amend Section 23550.5 of the Vehicle Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


SB 67, as amended, Bates. Sentencing: driving under the influence.
Under existing law, if a crime is punishable, in the discretion of the court, either as a misdemeanor or a felony, the crime is a misdemeanor for all purposes under specified circumstances, including, among other circumstances, when the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence, or driving under the influence causing injury, is subject to enhanced penalties if the current offense for driving under the influence, or driving under the influence causing injury, occurred within 10 years of a separate conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
This bill would require the determination of whether an offense constitutes a separate violation or prior conviction under the driving-under-the-influence prohibition described above to be based on the date of the conviction of the separate or prior offense, and would specify that the determination is not affected by the sentence imposed or any subsequent action taken pursuant to the discretionary sentencing provision described above. a felony conviction for driving under the influence or driving under the influence causing injury, to remain a felony for purpose of determining whether the person has been convicted of a separate violation or a prior violation, even if the conviction was subsequently reduced to a misdemeanor pursuant to the discretionary sentencing provision described above. By expanding the group of people eligible for a sentence enhancement, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 23550.5 of the Vehicle Code 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 of any of the following:
(1) A separate 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 separate violation of Section 23153 that was punished as a felony.
(3) A separate 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 pursuant to 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.

(e)The determination of whether an offense constitutes a separate violation or prior conviction under this section shall be based on the date of the conviction of the separate or prior offense and is not affected by the sentence imposed or any subsequent action taken pursuant to subdivision (b) of Section 17 of the Penal Code.

(e) A conviction for a violation of Section 23152 that was punished as a felony under Section 23550 or this section or both, or a violation of Section 23153 that was punished as a felony, shall remain a felony for purpose of determining whether the person has been convicted of a separate violation or a prior conviction of this section, even if the conviction was subsequently reduced to a misdemeanor pursuant to subdivision (b) of Section 17 of the Penal Code.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.