California 2017-2018 Regular Session Status: In Committee 1 D cosponsors

AB 2834 — Sentencing: driving under the influence.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Under existing law, if a crime is punishable, in the discretion of the court, either as a misdemeanor or a felony, the crime is a misdemeanor for all purposes under specified circumstances, including, among other circumstances, when the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence, or driving under the influence causing injury, is subject to enhanced penalties if the current offense for driving under the influence, or driving under the influence causing injury, occurred within 10 years of a separate conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence. This bill would state that a conviction for driving under the influence or driving under the influence causing injury, punished as a felony, constitutes a felony for the purpose of determining whether the person has been convicted of a separate violation or a prior violation, even if the conviction was subsequently reduced to a misdemeanor pursuant to the discretionary sentencing provision described above. By expanding the group of people eligible for a sentence enhancement, this bill would impose a state-mandated local program. 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

Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, second hearing. Failed passage.

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

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  5. In committee: Testimony taken. Hearing postponed by committee.

  6. In committee: Set, first hearing. Hearing canceled at the request of author.

  7. Referred to Com. on PUB. S.

  8. From printer. May be heard in committee March 19.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

  • Bates

Not signed on (120)

120 members have not signed on to this bill.

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"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.

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Votes

Subjects

public-safety
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Frequently asked questions

What does AB 2834 do?
Under existing law, if a crime is punishable, in the discretion of the court, either as a misdemeanor or a felony, the crime is a misdemeanor for all purposes under specified circumstances, including, among other circumstances, when the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence, or driving under the influence causing injury, is subject to enhanced penalties if the current offense for driving under the influence, or driving under the influence causing injury, occurred within 10 years of a separate conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence. This bill would state that a conviction for driving under the influence or driving under the influence causing injury, punished as a felony, constitutes a felony for the purpose of determining whether the person has been convicted of a separate violation or a prior violation, even if the conviction was subsequently reduced to a misdemeanor pursuant to the discretionary sentencing provision described above. By expanding the group of people eligible for a sentence enhancement, this bill would impose a state-mandated local program. 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 2834?
AB 2834 is sponsored by Bates and Fong, Mike (Democratic).
What is the current status of AB 2834?
This bill died with 2017-2018 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 2834?
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