California 2009-2010 Regular Session Status: To Executive

SB 598 — Vehicles: driving under the influence (DUI).

Last action — Chaptered by Secretary of State. Chapter 193, Statutes of 2009.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug, or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood, or who is addicted to the use of any drug. Existing law authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of a certified ignition interlock device on the person's vehicle. Existing law requires that a person, convicted of driving under the influence, without bodily injury to another, within 10 years of being convicted of a separate violation of one of specified driving-under-the-influence offenses, be punished by his or her driving privilege being suspended for 2 years. The Department of Motor Vehicles is required to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the suspension period, which may include credit for a specified concurrent suspension, subject to certain conditions, including, among other things, submitting proof of installation of a certified ignition interlock device, agreeing to maintain the ignition interlock device, and paying certain fees, including, but not limited to, all administrative fees or reissue fees. This bill would instead require the department to advise a person, who was only under the influence of an alcoholic beverage at the time of the violation, that he or she may apply for a restricted driver's license after completion of 90 days of the suspension period, under certain circumstances. (2) Existing law requires that a person convicted of driving under the influence, without bodily injury to another, within 10 years of being convicted of 2 separate violations of specified driving-under-the-influence offenses, be punished by his or her driving privilege being revoked for 3 years. The department is required to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the revocation period, which may include credit for a specified concurrent suspension, subject to certain conditions, including, among other things, satisfactory completion of 12 months of an 18-month or 30-month driving-under-the-influence program, submitting proof of installation of a certified ignition interlock device, agreeing to maintain the ignition interlock device, and paying certain fees. This bill would instead require the department to advise a person, who was found to be only under the influence of an alcoholic beverage at the time of the violation, of his or her ability to apply for a restricted driver's license after completion of 6 months of the revocation period, subject to certain conditions, including that if the person is convicted of a specified offense that person subsequently satisfactorily provides proof of enrollment in an 18-month or 30-month driving-under-the-influence program, as prescribed. The bill would require the person to pay a fee sufficient to cover the costs of administration, as determined by the department. (3) This bill would require that a person convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, without bodily injury to another, within 10 years of being convicted of a separate violation of one of the specified driving-under-the-influence offenses, be punished by his or her driving privilege being revoked for 2 years. This bill would authorize the department to reinstate the privilege provided certain conditions are met. This bill would require the department to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the suspended period, subject to certain conditions including, among other things, that the person provides proof of enrollment in an 18-month or 30-month driving-under-the-influence program, as prescribed. (4) This bill would also require a person convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, without bodily injury to another, within 10 years of being convicted of 2 separate violations of specified driving-under-the-influence offenses, be punished by his or her driving privilege being revoked for 3 years. This bill would authorize the department to reinstate the privilege provided certain conditions are met. This bill would require the department to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the suspended period, subject to certain conditions, including, among other things, that the person has satisfactorily completed the initial 12 months of an 18-month or 30-month driving-under-the-influence program as prescribed. (5) This bill would make other conforming changes. (6) This bill would become operative on July 1, 2010.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 193, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 2374.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3071.) To Senate.

  7. Read third time. Amended. (Page 3039.) To third reading.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on August 27.)

  11. From committee: Do pass as amended. (Ayes 17. Noes 0.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on July 6.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 12. Noes 0.) Re-referred to Com. on APPR.

  15. (Heard in committee on June 30.)

  16. From committee: Do pass, but first be re-referred to Com. on TRANS. (Ayes 7. Noes 0.) Re-referred to Com. on TRANS.

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

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

  19. Read third time. Passed. (Ayes 39. Noes 0. Page 1188.) To Assembly.

  20. To Special Consent Calendar.

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 12. Noes 0. Page 1073.)

  23. (Suspense - for vote only.)

  24. Set for hearing May 28.

  25. Placed on APPR suspense file.

  26. Set for hearing May 18.

  27. Read second time. Amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 706.)

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

  30. Set for hearing April 28.

  31. To Com. on PUB. S.

  32. Read first time.

  33. From print. May be acted upon on or after March 30.

  34. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Benoit · Cosponsor
  • Buchanan · Cosponsor
  • DeSaulnier · Cosponsor
  • Hancock · Cosponsor
  • Huff · Primary
  • Leno · Cosponsor
  • Solorio · Cosponsor

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on

Sponsors (1)

  • Huff

Co-sponsors (6)

  • Benoit
  • Buchanan
  • DeSaulnier
  • Hancock
  • Leno
  • Solorio

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

Unfinished Business SB598 Huff

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Corbett — Yea
Oropeza — Not Voting
Ashburn — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Price — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 598 Huff Senate Third Reading By BUCHANAN

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Anderson — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huffman — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Audra — Yea
Bass — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Not Voting
Furutani — 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 Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Fuentes — Yea
Harkey — Yea
Hill — Yea
Ammiano — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Furutani — Not Voting
Conway — Yea
Galgiani — Yea
Jeffries — Yea
Miller — Yea
Torlakson — Yea
Blumenfield — Not Voting
Buchanan — Yea
Solorio — Yea
Eng — Yea
Garrick — Yea
Niello, Roger W. Republican Yea

Official roll call →

Special Consent #8 SB598 Huff

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Harman — Yea
Cogdill — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Oropeza — Yea
Ashburn — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Leno — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Cox — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Wolk — Not Voting
Walters — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Leno — Yea
Corbett — Yea
Cox — Yea
Walters — Yea
Wolk — Yea
Kehoe — Yea
Oropeza — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 598 do?
(1) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug, or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood, or who is addicted to the use of any drug. Existing law authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of a certified ignition interlock device on the person's vehicle. Existing law requires that a person, convicted of driving under the influence, without bodily injury to another, within 10 years of being convicted of a separate violation of one of specified driving-under-the-influence offenses, be punished by his or her driving privilege being suspended for 2 years. The Department of Motor Vehicles is required to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the suspension period, which may include credit for a specified concurrent suspension, subject to certain conditions, including, among other things, submitting proof of installation of a certified ignition interlock device, agreeing to maintain the ignition interlock device, and paying certain fees, including, but not limited to, all administrative fees or reissue fees. This bill would instead require the department to advise a person, who was only under the influence of an alcoholic beverage at the time of the violation, that he or she may apply for a restricted driver's license after completion of 90 days of the suspension period, under certain circumstances. (2) Existing law requires that a person convicted of driving under the influence, without bodily injury to another, within 10 years of being convicted of 2 separate violations of specified driving-under-the-influence offenses, be punished by his or her driving privilege being revoked for 3 years. The department is required to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the revocation period, which may include credit for a specified concurrent suspension, subject to certain conditions, including, among other things, satisfactory completion of 12 months of an 18-month or 30-month driving-under-the-influence program, submitting proof of installation of a certified ignition interlock device, agreeing to maintain the ignition interlock device, and paying certain fees. This bill would instead require the department to advise a person, who was found to be only under the influence of an alcoholic beverage at the time of the violation, of his or her ability to apply for a restricted driver's license after completion of 6 months of the revocation period, subject to certain conditions, including that if the person is convicted of a specified offense that person subsequently satisfactorily provides proof of enrollment in an 18-month or 30-month driving-under-the-influence program, as prescribed. The bill would require the person to pay a fee sufficient to cover the costs of administration, as determined by the department. (3) This bill would require that a person convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, without bodily injury to another, within 10 years of being convicted of a separate violation of one of the specified driving-under-the-influence offenses, be punished by his or her driving privilege being revoked for 2 years. This bill would authorize the department to reinstate the privilege provided certain conditions are met. This bill would require the department to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the suspended period, subject to certain conditions including, among other things, that the person provides proof of enrollment in an 18-month or 30-month driving-under-the-influence program, as prescribed. (4) This bill would also require a person convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, without bodily injury to another, within 10 years of being convicted of 2 separate violations of specified driving-under-the-influence offenses, be punished by his or her driving privilege being revoked for 3 years. This bill would authorize the department to reinstate the privilege provided certain conditions are met. This bill would require the department to advise the person that he or she may apply for a restricted driver's license after completion of 12 months of the suspended period, subject to certain conditions, including, among other things, that the person has satisfactorily completed the initial 12 months of an 18-month or 30-month driving-under-the-influence program as prescribed. (5) This bill would make other conforming changes. (6) This bill would become operative on July 1, 2010.
Who sponsors SB 598?
SB 598 is sponsored by Benoit, Buchanan, DeSaulnier, Hancock, Huff, Leno, and Solorio.
What is the current status of SB 598?
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 598?
Track SB 598 free on One Click Politics — get push/email alerts when it moves.

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