California 2009-2010 Regular Session Status: To Executive

SB 895 — Vehicles: driver's license: suspension.

Last action — Chaptered by Secretary of State. Chapter 30, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law that will become operative on July 1, 2010, authorizes a person who has been convicted of specified driving under the influence (DUI) offenses and who has had his or her driving privilege suspended or revoked to apply to the Department of Motor Vehicles for a restricted driver's license, if certain conditions, including that the person has installed an ignition interlock device, are met. Existing law requires the department to immediately suspend the driving privilege of a person if the person was driving a motor vehicle with 0.08% or more of alcohol in his or her blood, the person was under 21 years of age and had a blood-alcohol level of 0.01% or more, the person was driving a vehicle that requires a commercial driver's license and had 0.04% or more of alcohol in his or her blood, or the person was driving a motor vehicle when he or she was on probation for a specified DUI violation and had 0.01% or more of alcohol in his or her blood. If the person has been convicted of one or more separate DUI violations, has been administratively determined to have refused chemical testing, or has been administratively determined to have been driving with an excessive concentration of alcohol on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, existing law requires the period of suspension to be one year. This bill would require the one-year suspension to terminate if the person has been convicted of a violation arising out of the same occurrence and the person meets specified conditions, including that he or she is otherwise eligible for a restricted driver's license and installs an ignition interlock device for purposes of that restricted driver's license. (2) Existing law requires the Department of Motor Vehicle's, before July 1, 2010, to issue a restricted driver's license to a person restricting the person's driving privilege to the hours necessary for driving to and from the place of employment, driving during the course of employment, and driving to and from activities required in the drug and alcohol treatment program if the person completes not less than 12 months of the suspension period imposed pursuant to the punishment for the second conviction of driving under the influence where the conviction is related to driving under the influence of alcohol beverage only and satisfies other requirements. Existing law requires the department, on or after July 1, 2010, to issue the restricted driver's license if the person completes not less than 90 days of the suspension period and satisfies other requirements. This bill would instead require the department, on or after July 1, 2010, to issue a restricted driver's license only if the person has completed not less than 12 months of the suspension period. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 30, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 2 p.m.

  4. In Senate. To enrollment.

  5. Read third time. Urgency clause adopted. Passed. (Ayes 76. Noes 0. Page 5744.) To Senate.

  6. Read second time. To third reading.

  7. (Heard in Committee on June 17.)

  8. From committee: Do pass. (Ayes 14. Noes 0.)

  9. Joint Rule 62(a) file notice suspended. (Page 5695.)

  10. (Heard in committee on June 15.)

  11. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  12. To Coms. on PUB. S. and TRANS.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Urgency clause adopted. Passed. (Ayes 34. Noes 0. Page 3413.) To Assembly.

  15. To Special Consent Calendar.

  16. Read second time. To third reading.

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  18. Set for hearing April 26.

  19. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 3165.) Re-referred to Com. on APPR.

  20. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  21. Set for hearing April 13.

  22. Re-referred to Com. on PUB. S.

  23. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  24. To Com. on RLS.

  25. From print. May be acted upon on or after February 25.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Huff · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Huff

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 895 Huff Third Reading Urgency By CONWAY

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 2001
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Evans — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Hagman — Yea
Charles — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Skinner — Not Voting
Torres — Yea
Villines — Yea
Eng — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 15003
Democratic 1000
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
Hall — Yea
Conway — Yea
Miller — Yea
Nielsen — Yea
Norby — Not Voting
Ammiano — Yea
Solorio — Yea
Bradford — Yea
Harkey — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Not Voting
Coto — Yea
Davis — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #22 SB895 Huff

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Ducheny — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Alquist — Not Voting
Pavley — Yea
Romero — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Simitian — Yea
Steinberg — Not Voting
Wiggins — Not Voting
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 895 do?
(1) Existing law that will become operative on July 1, 2010, authorizes a person who has been convicted of specified driving under the influence (DUI) offenses and who has had his or her driving privilege suspended or revoked to apply to the Department of Motor Vehicles for a restricted driver's license, if certain conditions, including that the person has installed an ignition interlock device, are met. Existing law requires the department to immediately suspend the driving privilege of a person if the person was driving a motor vehicle with 0.08% or more of alcohol in his or her blood, the person was under 21 years of age and had a blood-alcohol level of 0.01% or more, the person was driving a vehicle that requires a commercial driver's license and had 0.04% or more of alcohol in his or her blood, or the person was driving a motor vehicle when he or she was on probation for a specified DUI violation and had 0.01% or more of alcohol in his or her blood. If the person has been convicted of one or more separate DUI violations, has been administratively determined to have refused chemical testing, or has been administratively determined to have been driving with an excessive concentration of alcohol on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, existing law requires the period of suspension to be one year. This bill would require the one-year suspension to terminate if the person has been convicted of a violation arising out of the same occurrence and the person meets specified conditions, including that he or she is otherwise eligible for a restricted driver's license and installs an ignition interlock device for purposes of that restricted driver's license. (2) Existing law requires the Department of Motor Vehicle's, before July 1, 2010, to issue a restricted driver's license to a person restricting the person's driving privilege to the hours necessary for driving to and from the place of employment, driving during the course of employment, and driving to and from activities required in the drug and alcohol treatment program if the person completes not less than 12 months of the suspension period imposed pursuant to the punishment for the second conviction of driving under the influence where the conviction is related to driving under the influence of alcohol beverage only and satisfies other requirements. Existing law requires the department, on or after July 1, 2010, to issue the restricted driver's license if the person completes not less than 90 days of the suspension period and satisfies other requirements. This bill would instead require the department, on or after July 1, 2010, to issue a restricted driver's license only if the person has completed not less than 12 months of the suspension period. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 895?
SB 895 is sponsored by Huff.
What is the current status of SB 895?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 895?
Track SB 895 free on One Click Politics — get push/email alerts when it moves.

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