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SB-1237 Vehicles: driving under the influence: alcohol programs.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 1237

Introduced by Senator Cannella

February 20, 2014

An act to amend Section 23502 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1237, as introduced, Cannella. Vehicles: driving under the influence: alcohol programs.
Existing law makes it a crime for a person under 21 years of age who has 0.05% or more, by weight, of alcohol in his or her blood to drive a vehicle. If a person at least 18 years of age is convicted of a first violation of that offense, existing law requires the court, in addition to any penalties, to order the person to attend a licensed driving-under-the-influence program and to pay a fee to attend the program.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 23502 of the Vehicle Code is amended to read:

23502.
 (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving-under-the-influence program required under this section.