California 2019-2020 Regular Session Status: In Committee 1 R cosponsors

AB 401 — Vehicles: driving under the influence.

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

  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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 person is convicted of driving under the influence and the offense occurred within 10 years after 3 or more other violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony, and the person shall have their privilege to drive revoked. This bill would additionally make a conviction for driving under the influence that occurs within 10 years after 4 or more previous specified convictions, a felony. Under existing law, if a person is convicted of driving under the influence and the offense occurred within 10 years after a specified conviction of driving under the influence that is charged as a felony, that person has committed an offense punishable as either a misdemeanor or a felony. This bill would instead make such a conviction punishable only as a felony. Existing law requires a court, upon convicting a person for a specified offense of driving under the influence that occurred within 5 years after a previous conviction or convictions, as specified, to order that person's vehicle to be impounded for a specified period of time. This bill would instead require this impoundment of the defendant's vehicle for a specified offense that occurs within 10 years after a previous conviction or convictions. The bill would also increase the duration of the vehicle impoundment. Existing law authorizes a court, after certain repeated convictions relating to driving under the influence, to declare the person's vehicle a nuisance and have it seized, as specified. This bill would instead require the court, after certain repeated convictions relating to driving under the influence, to declare the person's vehicle a nuisance and have it seized, as specified. The bill would also expand the circumstances under which seizure as a nuisance would be required. By expanding the application of, and increasing the punishment for, certain crimes, this bill would create 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. In committee: Reconsideration granted.

  4. In committee: Set, first hearing. Failed passage.

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

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

  7. Referred to Com. on PUB. S.

  8. From printer. May be heard in committee March 9.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

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

Reconsideration.

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5000
Republican 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Kamlager-Dove — Yea
Quirk — Yea
Jones-Sawyer — Yea
Diep — Yea
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 401 do?
Under existing law, if a person is convicted of driving under the influence and the offense occurred within 10 years after 3 or more other violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony, and the person shall have their privilege to drive revoked. This bill would additionally make a conviction for driving under the influence that occurs within 10 years after 4 or more previous specified convictions, a felony. Under existing law, if a person is convicted of driving under the influence and the offense occurred within 10 years after a specified conviction of driving under the influence that is charged as a felony, that person has committed an offense punishable as either a misdemeanor or a felony. This bill would instead make such a conviction punishable only as a felony. Existing law requires a court, upon convicting a person for a specified offense of driving under the influence that occurred within 5 years after a previous conviction or convictions, as specified, to order that person's vehicle to be impounded for a specified period of time. This bill would instead require this impoundment of the defendant's vehicle for a specified offense that occurs within 10 years after a previous conviction or convictions. The bill would also increase the duration of the vehicle impoundment. Existing law authorizes a court, after certain repeated convictions relating to driving under the influence, to declare the person's vehicle a nuisance and have it seized, as specified. This bill would instead require the court, after certain repeated convictions relating to driving under the influence, to declare the person's vehicle a nuisance and have it seized, as specified. The bill would also expand the circumstances under which seizure as a nuisance would be required. By expanding the application of, and increasing the punishment for, certain crimes, this bill would create 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 401?
AB 401 is sponsored by Flora, Heath (Republican).
What is the current status of AB 401?
This bill died with 2019-2020 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 401?
Track AB 401 free on One Click Politics — get push/email alerts when it moves.

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