Vehicles: 24/7 Sobriety programs.
Summary
Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. Existing law requires the Department of Motor Vehicles to immediately suspend a person's privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer's request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver's license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified "24/7 Sobriety program," as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a "24/7 Sobriety program," in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person's ability to pay, as specified.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2015
Committee Review
Jun 2016
Assembly Passage
May 2015
Senate Passage
Governor
Introduced Feb 26, 2015
Last action Jun 14, 2016
Floor votes · Assembly May 14, 2015
How they voted
73–0
Passed · 2 other
Total votes 75
May 14, 2015
D
Democratic50
98% Yea
I
Independent1
100% Yea
R
Republican24
95% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
5
Committee
8
Amendments
3
Jun 14, 2016
Committee
Re-referred to Com. on RLS.
upper
Jun 13, 2016
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Jun 30, 2015
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 29, 2015
Introduced
From committee: Amend, and do pass as amended. (Ayes 8. Noes 0.) (June 24).
upper
Jun 16, 2015
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on INS.
upper
May 28, 2015
Committee
Referred to Com. on INS.
upper
May 14, 2015
Assembly · Passed
Assembly Vote: pass (73-0-2)
assembly
May 6, 2015
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (May 6).
lower
Apr 14, 2015
Committee
From committee: Do pass and re-refer to Com. on INS. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 13). Re-referred to Com. on INS.
lower
Apr 8, 2015
Committee
Re-referred to Com. on TRANS.
lower
Mar 16, 2015
Committee
Referred to Coms. on TRANS. and INS.
lower
Feb 27, 2015
Lower · Passed
From printer. May be heard in committee March 29.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jim Frazier
DDemocratic
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