AB 1168

AB 1168 Vehicles: Driving Under the Influence: Profile.

BILL NUMBER: AB 1168 AMENDED 05/01/97

AMENDED IN ASSEMBLY MAY 1, 1997

INTRODUCED BY Assembly Member Kaloogian
FEBRUARY 28, 1997

An act to add Section 1463.21 to the Penal Code, and to add Section
23206.3 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1168, as amended, Kaloogian. Vehicles: driving under the influence:
profile.

(1) Under existing law, a person who is convicted of driving a vehicle
while under the influence of an alcoholic beverage, any drug, or both,
driving with an excessive blood-alcohol concentration, or driving when
addicted to any drug, is required to be punished by specified
imprisonment and fines. The punishment is enhanced upon the 2nd and
subsequent convictions occurring within 7 years.

This bill would, with respect to a person who is convicted of a 2nd or
subsequent violation, require a court to cause a copy of the person’s
profile, as specified, to be published, to pay the costs associated with
that publication, and notify the Department of Justice of that conviction
and to require that person to pay a $50 $100 fee to be used to pay the
costs incurred by court personnel in administering this provision,
thereby creating a state-mandated local program. The bill would require
the Department of Justice to cause a copy of the person’s profile to be
published, as prescribed.

(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,
including the creation of a State Mandates Claims Fund to pay the costs
of mandates that do not exceed $1,000,000 statewide and other procedures
for claims whose statewide costs exceed $1,000,000.

This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

SECTION 1. Section 1463.21 is added to the Penal Code, to read:

1463.21. Notwithstanding any other provision of law, all fees
collected under paragraph (3) of subdivision (a) of Section 23206.3 of
the Vehicle Code shall be transmitted to the county treasurer and an
amount equal to the amount transmitted shall be used exclusively to pay
the costs incurred by court personnel in administering Section 23206.3 of
the Vehicle Code.

SEC. 2. Section 23206.3 is added to the Vehicle Code, to read:

23206.3. (a) If any person is convicted of a violation of Section
23152 or 23153 and the most recent offense is a second or subsequent
offense that is punishable under Section 23165, 23170, 23175, 23180,
23185, or 23190, the court shall, in addition to the imposition of any
other punishment, undertake the following:

(1) Cause the person’s profile to be published in accordance with
this section.

(2) Order the person to pay the actual costs for the publication
of the profile.

(3) Order the person to pay a fee of fifty dollars
($50)

(1) Notify the Department of Justice of that conviction.

(2) Order the person to pay a fee of one hundred dollars ($100) in
order to defray the costs incurred by court personnel in undertaking the
administration of this section.

(b) The profile of that person shall Department of Justice shall cause
the person’s profile to be published once in the legal notices section of
a newspaper of general circulation in the community where the convicted
person resides , and shall pay for any costs associated with that
publication .

(c) The profile shall contain the photograph of the person and the
person’s name, birth date, and city or community of residence, the total
number of convictions for violations of Section 23152 or 23153, or both,
and the most recent fine and sentence imposed or the terms and conditions
of probation.

(d) If the court grants probation to a person under Section 23166,
23171, 23176, 23181, 23186, or 23191, the court shall require that the
person, as a term and condition of the probation, comply with this
section.

SEC. 3. Notwithstanding Section 17610 of the Government Code, if the
Commission on State Mandates determines that this act contains costs
mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code. If
the statewide cost of the claim for reimbursement does not exceed one
million dollars ($1,000,000), reimbursement shall be made from the State
Mandates Claims Fund.

Notwithstanding Section 17580 of the Government Code, unless otherwise
specified, the provisions of this act shall become operative on the same
date that the act takes effect pursuant to the California
Constitution.

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