BILL NUMBER: AB 2295 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Florez
FEBRUARY 24, 2000
An act to amend Section 13202.5 of, and to add Sections 13202.3
and 14907 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2295, as introduced, Florez. Vehicles: driver's licenses:
controlled substances.
(1) Existing law requires the Department of Motor Vehicles to
suspend or delay a person's privilege to operate a motor vehicle upon
the occurrence of specified convictions.
This bill would require the department to immediately suspend or
delay the privilege of any person to drive a motor vehicle for 6
months upon receipt of a duly certified abstract of the record of any
court showing that the person has been convicted of any specified
controlled substance offense. The bill would require the person's
suspension or eligibility to be delayed for another 6 months if the
person's privilege is already delayed or suspended. The department
would also be required, for each successive offense, to suspend or
delay the privilege for an additional 6 months.
The bill would require a court that convicted a person of any
specified controlled substance offense to require all driver's
licenses held by the person to be surrendered to the court. The
court would also be required to transmit a certified abstract of the
conviction, together with any driver's license surrendered, to the
department not later than 10 days after the conviction.
Because the bill would thereby create new duties for the clerks of
the courts, it would impose a state-mandated local program.
The bill would require a payment of a $24 fee to be made to the
department before a driver's license may be issued, reissued, or
returned to a person after the suspension or delay of a person's
privilege to operate a motor vehicle pursuant to the above
provisions.
(2) Existing law requires the suspension of a driver's license or
the delay in the issuance of a driver's license for any person under
the age of 21 years, but 13 years of age or older, upon the
conviction, as defined, of specified controlled substances or
alcohol-related offenses.
This bill would make certain additional controlled substances and
alcohol-related offenses that are grounds for the above suspensions
and delays.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13202.3 is added to the Vehicle Code, to read:
13202.3. (a) The department shall immediately suspend or delay
the privilege of any person to drive a motor vehicle for six months
upon receipt of a duly certified abstract of the record of any court
showing the person has been convicted of any controlled substance
offense specified in subdivision (c). If the person's driving
privilege is already suspended or revoked, the person's eligibility
to reinstate his or her driving privilege or to be issued a driver's
license shall be delayed for an additional period of six months. For
each successive offense, the department shall suspend the person's
driving privilege for those possessing a license or delay the
eligibility for those not in possession of a license at the time of
their conviction for an additional six months. These six-month terms
of suspension or delay shall run consecutively. This subdivision
does not apply if, upon conviction, the court orders the department
to suspend, restrict, or revoke the driving privilege as required
under Section 13202 or 13202.5, if the suspension, restriction, or
revocation is for a period of not less than six months.
(b) (1) In the absence of compelling circumstances warranting an
exception, whenever a court convicts a person of any controlled
substance offense specified in subdivision (c), the court shall
require all driver's licenses held by the person to be surrendered to
the court. The court shall, not later than 10 days after the
conviction, transmit to the department a certified abstract of the
conviction, and any driver's license surrendered.
(2) For purposes of this subdivision, the court may consider
compelling circumstances to include when the court finds that a
personal or family hardship exists that requires the person to have a
driver's license for his or her own, or a member of his or her
family's employment or medically-related purposes. Upon a finding of
compelling circumstances, the court may order that the driving
privilege not be suspended or may restrict the driving privilege
pursuant to this subdivision for a period not to exceed six months.
(c) This section applies to convictions involving controlled
substances contained in the following provisions:
(1) The laws of the United States, each state, territory, or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico. For purposes of this subdivision,
"conviction" means a conviction of any controlled substance offense
prohibited by any federal or state law, or a forfeiture of bail,
bond, or other security deposited to secure appearance by a person
charged with having committed any controlled substance offense.
(2) Division 10 (commencing with Section 11000) of the Health and
Safety Code, involving the possession, distribution, manufacture,
cultivation, sale, or transfer of any substance or the attempt or
conspiracy to possess, distribute, manufacture, cultivate, sell, or
transfer any of those substances, the possession of which is
prohibited under that division.
(3) Article 2 (commencing with Section 23152) of Chapter 12 of
Division 11 involving controlled substances.
(d) Suspension or delay of driving privileges pursuant to this
section shall be in addition to any penalty imposed upon conviction
of any violation specified in subdivision (c), unless the court has
ordered suspension, revocation, or restriction as required under
Section 13202 or 13202.5.
SEC. 2. Section 13202.5 of the Vehicle Code is amended to read:
13202.5. (a) For each conviction of a person for any offense
specified in subdivision (d), committed while the person was under
the age of 21 years, but 13 years of age or older, the court shall
suspend the person's driving privilege for one year. If the person
convicted does not yet have the privilege to drive, the court shall
order the department to delay issuing the privilege to drive for one
year subsequent to the time the person becomes legally eligible to
drive. However, if there is no further conviction for any offense
specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petition of the person affected, may
modify the order imposing the delay of the privilege. For each
successive offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the eligibility
for those not in possession of a license at the time of their
conviction for one additional year.
As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
(b) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all driver's licenses held by the person to be surrendered to
the court. The court shall within 10 days following the conviction
transmit certified abstract of the conviction, together with any
driver's licenses surrendered, to the department.
(c) (1) After a court has issued an order suspending or delaying
driving privileges pursuant to subdivision (a), the court, upon
petition of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive.
(2) As used in this section, "critical need to drive" means the
circumstances which are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(3) The restriction shall remain in effect for the balance of the
period of suspension or restriction in this section. The court
shall notify the department of any modification within 10 days of the
order of modification.
(d) This section applies to violations involving controlled
substances or alcohol contained in the following provisions:
(1) Article 7 (commencing with Section 4211) of Chapter 9 of
Division 2 of, and Sections 2241, 2762, 2878.5, 4149,
25658, 25658.5, 25661, and 25662 of, the Business and Professions
Code.
(2) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(3) Section 191.5, paragraph (3) of subdivision (c) of Section
192, subdivision (c) or (d) of Section 192.5, Section 377,
and subdivision (f) of Section 647 of the Penal Code.
(4) Section 23103 when subject to Section 23103.5, Section 23140,
and Article 2 (commencing with Section 23152) of Chapter 12 of
Division 11 of this code.
(e) Suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of any violation specified in subdivision (d).
SEC. 3. Section 14907 is added to the Vehicle Code, to read:
14907. (a) Notwithstanding any other provision of this code, in
lieu of the fees in Section 14904, before a driver license may be
issued, reissued, or returned to a person after the suspension or
delay of the person's privilege to operate a motor vehicle pursuant
to Section 13202.3, there shall be paid to the department a fee in an
amount of twenty-four dollars ($24) to pay the costs of the
administration of these license actions by the department.
(b) This section does not apply to a suspension or revocation that
is set aside by the department or a court.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.