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



Current Version: 10/08/91 - Chaptered

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SB666:v95#DOCUMENT

Senate Bill No. 666
CHAPTER 656

An act to amend Sections 2800.3, 13201, 13350, 13350.5, and 13351 of the Vehicle Code, relating to vehicles.

[ Filed with Secretary of State  October 08, 1991. Approved by Governor  October 07, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 666, Boatwright. Driver’s license revocation.
Existing law requires the Department of Motor Vehicles to immediately revoke the driving privilege of persons who have been convicted of certain crimes or offenses and prohibits the department from reinstating the privilege for 3 years and until the person meets a prescribed condition.
This bill would apply those provisions to persons who have been convicted of other specified driving offenses involving death or serious bodily injury.
The bill would make conforming and technical changes.

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


SECTION 1.

 Section 2800.3 of the Vehicle Code is amended to read:

2800.3.
 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, or four years or by imprisonment in the county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
For purposes of this section, “serious bodily injury” has the same meaning as defined in paragraph (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 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 any person under Section 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.

SEC. 3.

 Section 13350 of the Vehicle Code is amended to read:

13350.
 (a)  The department shall immediately revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of 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 any person to stop or otherwise comply with Section 20001.
(2)  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 23170 or 23175, or a violation of Section 23153 punishable under Section 23190, including a violation of paragraph (3) of subdivision (c) of Section 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) or (7) of subdivision (a) of Section 13352 and an acknowledgment of his or her designation as an habitual traffic offender. A copy of this affidavit shall be transmitted with the license or temporary 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 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 paragraph (3) of subdivision (c) of Section 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 shall immediately revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of 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 except when convicted under paragraph (2) of subdivision (c) of Section 192 of the Penal Code.
(2)  Upon conviction of three or more violations of Section 20001, 20002, 23103, or 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 a like period.
(3)  Violation of Section 191.5 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 ability to respond in damages as defined in Section 16430.