AB 614 — Driving under the influence (DUI): refusal to submit to chemical tests.
Last action — From committee without further action pursuant to Joint Rule 62(a).
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 the Department of Motor Vehicles to suspend or revoke a person's privilege to operate a motor vehicle, as specified, if the person refuses an officer's request to submit to, or fails to complete, a chemical test or tests for alcohol or drugs, upon receipt of the officer's sworn statement that the officer had reasonable cause to believe that the person had been driving a motor vehicle while under the influence (DUI) and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer. A violation of this provision is a crime. This bill would in addition impose the same punishment for a refusal to submit to a chemical text for a first violation, or for one or more violations or DUI offenses occurring within 10 years, as the punishment for DUI committed under similar circumstances. By adding imprisonment in the county jail to this offense, the bill would impose a state-mandated local program. (2) 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. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/25/09 - Introduced Current pdf February 25, 2009
- AB614 View text html
Action History
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From committee without further action pursuant to Joint Rule 62(a).
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In committee: Set, final hearing. Failed passage.
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In committee: Set second hearing. Failed passage. Reconsideration granted.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 28.
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Read first time. To print.
Sponsors
- Miller · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Miller
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 5 | 0 | 0 |
| Total | 2 | 5 | 0 | 0 |
| % of votes cast | 29% | 71% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Furutani | — | Nay |
| Hagman | — | Yea |
| Huffman | — | Nay |
| Skinner | — | Nay |
| Ammiano | — | Nay |
| Hill | — | Nay |
| Gilmore | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 5 | 0 | 0 |
| Total | 2 | 5 | 0 | 0 |
| % of votes cast | 29% | 71% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Yea |
| Gilmore | — | Yea |
| Hill | — | Nay |
| Skinner | — | Nay |
| Ma | — | Nay |
| Solorio | — | Nay |
| Furutani | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Furutani | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Hill | — | Yea |
| Ma | — | Yea |
Subjects
Frequently asked questions
- What does AB 614 do?
- (1) Existing law requires the Department of Motor Vehicles to suspend or revoke a person's privilege to operate a motor vehicle, as specified, if the person refuses an officer's request to submit to, or fails to complete, a chemical test or tests for alcohol or drugs, upon receipt of the officer's sworn statement that the officer had reasonable cause to believe that the person had been driving a motor vehicle while under the influence (DUI) and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer. A violation of this provision is a crime. This bill would in addition impose the same punishment for a refusal to submit to a chemical text for a first violation, or for one or more violations or DUI offenses occurring within 10 years, as the punishment for DUI committed under similar circumstances. By adding imprisonment in the county jail to this offense, the bill would impose a state-mandated local program. (2) 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. This bill would provide that no reimbursement is required by this act for a specified reason.
- Who sponsors AB 614?
- AB 614 is sponsored by Miller.
- What is the current status of AB 614?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 AB 614?
- Track AB 614 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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