• 16Dec
  • New California Laws for 2010
  • 12/16/2009
  • AB 14
    A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

    AB 58
    Now an Infraction to participate in a betting pool with less than $2,500 at stake.

    AB 91
    New "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

    AB 532
    will allow police to obtain a search warrant to seize guns or other deadly weapons from within a house after a report of domestic violence or mental health incident.

    SB598
    will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle.

    SB 748
    would provide that no person, state or local public agency, or private entity shall post the home address, the telephone number, or personal identifying information that discloses the location of any witness or witness family member participating in the Witness Relocation and Assistance Program (WRAP) with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness' family member.

    AB 750
    gives courts the ability to offer a deferred entry of judgment "DEJ" instead of jail time for minor offenses.
    AB 962 requires gun sellers to record sales of ammunition, and requires the fingerprinting and identification of the purchaser.


    New California Laws for 2010 - CALIFORNIA LEGISLATIVE COUNSEL'S DIGESTS:
    AB 14 - a motor vehicle can be decalred be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_14_bill_20091011_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:

    AB 14, Fuentes. Vehicles: nuisance abatement: impoundment.
    Existing law authorizes a city, county, or city and county to
    establish a 5-year pilot program that implements a procedure to
    declare a motor vehicle to be a public nuisance when the motor
    vehicle is used in the commission of specified crimes related to
    prostitution.
    This bill would repeal the provisions authorizing the pilot
    program and would instead authorize a city, county, or city and
    county to adopt an ordinance declaring a motor vehicle to be a
    nuisance subject to an impoundment period of up to 30 days when the
    motor vehicle is involved in the commission of any one or more of
    specified crimes related to prostitution or illegal dumping of
    commercial quantities of waste matter upon a public or private
    highway or road, if the owner or operator of the vehicle has had a
    prior conviction for the same offense within the past 3 years. The
    bill would require the ordinance to include specified provisions
    related to notice, the payment of towing, storage, and administrative
    fees, the provision of a poststorage hearing, and the release of the
    impounded vehicle.

    AB 58 - Now an Infraction to participate in a betting pool with less than $2,500 at stake. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_58_bill_20090806_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
    AB 58, Jeffries. Sports betting pools.
    Existing law makes it either a misdemeanor or a felony, punishable
    by imprisonment in either a county jail or in the state prison, for
    a person, whether or not for gain, hire, or reward, to make a betting
    pool or place a bet or wager on the result of any contest or event,
    including a sporting event, as specified.
    This bill would create an exception to that provision, making it
    an infraction, punishable by a fine not to exceed $250, for a person,
    not for gain, hire, or reward, other than that at stake under
    conditions available to every participant, to participate in a bet,
    wager, or betting pool with another person or group of persons who
    are not acting for gain, hire, or reward other than that at stake
    under conditions available to every participant, on the result of any
    contest or event, including a sporting event, as specified. This
    exception would not apply to any bet, bets, wager, wagers, or betting
    pool or pools made online or to betting pools with more than $2,500
    at stake.

    AB 91 - a new "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_91_bill_20091011_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
    Vehicles: driving under the influence (DUI):
    Ignition Interlock Device.
    (1) Existing law requires all manufacturers of ignition interlock
    devices that meet specified requirements and are certified in a
    manner approved by the Department of Motor Vehicles, that intend to
    market the devices in this state, to first apply to the department on
    forms provided by the department and to pay an accompanying fee in
    an amount not to exceed the amount necessary to cover the costs
    incurred by the department in carrying out those provisions.
    This bill would require a manufacturer and a manufacturer's agent,
    certified by the department to provide ignition interlock devices,
    to provide each year to the department information on the number of
    false positives and the time to reset the device. The bill would also
    require the department to use this information in evaluating the
    continued certification of an ignition interlock device.
    (2) 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 while addicted to the use of any drug, with or
    without bodily injury to another. Existing law also 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 an ignition
    interlock device on the person's vehicle.
    This bill would require the department to establish a pilot
    program from July 1, 2010, to January 1, 2016, in the Counties of
    Alameda, Los Angeles, Sacramento, and Tulare that requires, as a
    condition of being issued a restricted driver's license, being
    reissued a driver's license, or having the privilege to operate a
    motor vehicle reinstated subsequent to a conviction for a violation
    of the above offenses, a person to install for a specified period of
    time an ignition interlock device on all vehicles he or she owns or
    operates, except as provided. The amount of time the ignition
    interlock device would be required to be installed would be based
    upon the number of convictions, as prescribed. The bill would
    prohibit the implementation of the pilot program if the department
    fails to obtain, by January 31, 2010, nonstate funds for the
    programming costs of the pilot program.

    AB 532 - will allow police to obtain a search warrant warrant to seize guns or other deadly weapons from within a house after a report of domestic violence or mental health incident. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0501-0550/ab_532_bill_20091011_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
    Existing law establishes various grounds for the issuance of a
    search warrant. This bill would additionally authorize issuance of a search
    warrant when the property or things to be seized include a firearm or
    any other deadly weapon that is owned by, or in the possession of,
    or in the custody or control of, a person who has been detained or
    apprehended for examination of his or her mental condition, as
    specified. The bill would also authorize issuance of a search warrant
    when the property or things to be seized include a firearm or any
    other deadly weapon at the scene of, or at the premises occupied or
    under the control of the person arrested in connection with, a
    domestic violence incident involving a threat to human life or a
    physical assault, as specified.
    The bill would also state that it is not the intent of the
    Legislature in enacting the measure to authorize the seizure of
    firearms in specified circumstances.

    SB 598 - will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle. (Click Here to see the full text of the law).http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0551-0600/sb_598_bill_20091011_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:

    (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.
    SB 748 - Witness Relocation and Assistance Program: address records. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0701-0750/sb_748_bill_20091011_chaptered.pdf
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
    SB 748, Leno. Witness Relocation and Assistance Program: address
    records. Existing law establishes the Witness Relocation and Assistance
    Program.

    This bill would provide that no person, state or local public
    agency, or private entity shall post the home address, the telephone
    number, or personal identifying information that discloses the
    location of any witness or witness family member participating in the
    Witness Relocation and Assistance Program (WRAP) with the intent
    that another person imminently use that information to commit a crime
    involving violence or a threat of violence against that witness or
    witness' family member, and that a violation of these provisions
    would be a misdemeanor punishable by a fine of up to $2,500, or up to
    6 months in a county jail, or by both that fine and imprisonment.
    The bill would also provide that a violation that leads to the bodily
    injury of the witness, or the witness' family members who are
    participating in the program, is a misdemeanor punishable by a fine
    of up to $5,000, or up to one year in a county jail, or by both that
    fine and imprisonment. The bill would authorize participants in the
    program to submit opt-out forms to Internet search engine providers
    to notify those providers of the participants, and to prevent
    inclusion of the participants' addresses and telephone numbers in
    public Internet search databases, as specified. The bill would
    require a business, state or local agency, private entity, or person
    to remove the home address or telephone number of a WRAP participant
    from its public Internet search databases within two business days of
    delivery of the opt-out form, and to ensure the information is not
    reposted on the same Internet Web site, a subsidiary site, or any
    other Internet Web site maintained by the recipient of the opt-out
    form, and would subject a violator of this provision to a $5,000
    civil fine, as specified. The bill would authorize a witness whose
    home address or telephone number is made public as a result of a
    violation, as specified, to bring an action seeking injunctive or
    declaratory relief. The bill would further provide that no business,
    state or local agency, private entity, or person that has received an
    opt-out form from a WRAP participant shall solicit, sell, or trade
    on the Internet the home address or telephone number of that
    participant, and would authorize an action for damages, as specified,
    for a violation of this prohibition
    AB 750 - expands the courts ability to offer a deferred entry of judgment "DEJ" instead of jail time for drug offenses. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0701-0750/ab_750_bill_20091011_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
    Existing law provides that entry of judgment may be deferred with
    respect to defendants who are charged with certain enumerated crimes
    and meet certain criteria including that they have no prior
    convictions for any offense involving controlled substances and have
    had no prior felony convictions within the 5 years prior, as
    specified. Existing law provides that if the prosecuting attorney
    determines that a defendant may qualify for a deferred entry of
    judgment, the prosecuting attorney must advise the defendant and his
    or her attorney in writing, as specified. Existing law provides that,
    upon successful completion of a deferred entry of judgment program,
    the arrest upon which the judgment was deferred shall be deemed to
    have never occurred and allows for the sealing of court and arrest
    records where the interests of justice would be served, as specified.
    Existing law similarly establishes a preguilty plea drug court
    program wherein criminal proceedings are suspended without a plea of
    guilty for designated defendants.
    This bill would authorize a superior court, with the concurrence
    of the prosecuting attorney of the county, to create a deferred entry
    of judgment reentry program aimed at preventing recidivism among
    first-time nonviolent felony drug offenders. The bill would specify
    the characteristics of that program and the process for eligibility
    for the program.
    AB 962 - requires gun sellers to record sales of ammunition, and requires the fingerprinting and identification of the purchaser. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0951-1000/ab_962_bill_20091011_chaptered.html
    According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
    Existing law generally regulates the sale of ammunition.
    The bill would provide that no handgun ammunition vendor, as
    defined, shall sell, offer for sale, or display for sale, any handgun
    ammunition in a manner that allows that ammunition to be accessible
    to a purchaser without the assistance of the vendor or employee
    thereof.
    Existing law generally regulates what information is required to
    be obtained in connection with the transfer of ammunition.
    This bill would, subject to exceptions, commencing February 1,
    2011, require handgun ammunition vendors to obtain a thumbprint and
    other information from ammunition purchasers, as specified. A
    violation of these provisions would be a misdemeanor.
    This bill would provide that a person enjoined from engaging in
    activity associated with a criminal street gang, as specified, would
    be prohibited from having under his or her possession, custody, or
    control, any ammunition. Violation of these provisions would be a
    misdemeanor.
    The bill would prohibit supplying or delivering, as specified,
    handgun ammunition to prohibited persons, as described, by persons or
    others who know, or by using reasonable care should know, that the
    recipient is a person prohibited from possessing ammunition or a
    minor prohibited from possessing ammunition, as specified. Violation
    of these provisions is a misdemeanor with specified penalties.
    The bill would provide, subject to exceptions, that commencing
    February 1, 2011, the delivery or transfer of ownership of handgun
    ammunition may only occur in a face-to-face transaction, with the
    deliverer or transferor being provided bona fide evidence of identity
    of the purchaser or other transferee. A violation of these
    provisions would be a misdemeanor.


    SB 598: A New Law Regarding DUI-related License Suspensions in California

    Governor Schwarzenegger signed a bill yesterday (10/12/09) that shortens the period of time that must pass before a person convicted of a DUI offense may apply to have his or her driver's license suspension modified to restricted status.
    1
    What does restricted status mean?
    Unlike a suspended license (which prohibits driving entirely), a restricted license allows a person to drive to and from work, and to and from a court-ordered DUI program.
    2
    When can a person apply for restricted status following a conviction for a repeat DUI offense?
    Under existing law, a person convicted of a second-time DUI must serve at least 12 months of a two-year license suspension before applying for restricted status. The new law shortens the 12-month period to 90 days. Similarly, under existing law, a person convicted of a third-time DUI who was required to serve 12 months of a three-year suspension before applying for restricted status must now wait only six months.
    3
    What's the catch?
    Two critical elements of SB 598 include the following: First, a person who wants to take advantage of the shortened period must install an ignition interlock device (IID) on any vehicle he or she drives. An IID does not permit the vehicle to start unless the driver (with no alcohol on his or her breath) first blows into it. Those not opting for an IID must wait the longer period before applying for a restriction. Second, the law does not go into effect until July 10, 2010. What exactly that means is unclear. It can be argued, for example, that the law applies: (1) only to people arrested for DUI on or after that date, (2) only to people convicted on or after that date, or (3) to everyone whose license is suspended as of July 10, 2010. It also can be argued that even though the statute says it is inoperative until July 10, 2010, due process principles require that it be applied immediately.
    4
    What is the likely interpretation of the July 10, 2010 date?
    While it is impossible to predict with certainty how an appellate court will rule, my bet is that the courts will reject a due process argument, but rule that the law applies to everyone whose license suspension is in effect as of July 10, 2010, regardless of the date of arrest and/or conviction.
    5
    Where can I learn how this law applies in my situation?
    Speak with an experienced criminal defense attorney who is aware of DUI sentencing laws and appellate decisions concerning prospective vs. retroactive application of legislation. You can also read the text of the new law at the link posted below:


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