HomeMy WebLinkAboutAgenda Statement 1988/07/19 Item 05
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 7/19/88
ITEM TITLE:
Reso 1 uti on lJ~ :; 7 Proposed 1 egi sl ati ve recommendati on to
increase thepena1tli~A~or Driving Under the Influence (DUI)
Director of PUblict~~~y
City Manager ~
(4/5ths Vote: Yes No x )
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SUBMITTED BY:
REVIEWED BY:
At the City Council meeting on June 21, 1988, the Council reviewed a report
from the Council Subcommittee regarding increased penalties for DUI (see
Attachment 4). The Counci 1 referred the issue to the Pol ice Department for
their evaluation of the proposed increased penalties.
RECOMMENDATION: Adopt a resolution to support AB 2751 and SB 2073 which
increased the penalties for Driving Under the Influence.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
'e Pol ice Depa rtment has revi ewed the Counci 1 Subcommittee proposed penalty
,lcreases for DUI. In order to be able to adequately evaluate the proposal,
the department fi rs t looked at the exi sti ng DU I penal ti es, some enhancement
already on the books, and at some legislation currently pending in the State
legislature.
EXISTING DRUNK DRIVING PENALTIES AND ENHANCEMENTS
The California Vehicle Code provides the legal basis for the penalties for
DUI. The Code can be confusing, however, subject to some variation, the
general penalties for OUI include:
1. Up to one year in County j aiL
2. From $390 to $1,000 fine.
3. License may be suspended for up to one year.
4. May require attendance at a substance abuse course.
A more specific review of the minimum sentencing options is attached
(Attachment I). In addition to the minimum sentences, judges also have the
option of enhancing the penalty depending on the conditions of the individual
case.
There are significant penalty options on the books which may be applied at the
judge's discretion.
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Page 2, Item 5
Meeting Date 7/19/88
CURRENT LEGISLATION
There are many bills pending in the legislature. Two of these are ones we
would encourage the Council to support as they will provide some realistic,
positive enhancement to the current penalties.
A8 2751 - Recommend Su~
This bill would make the third and any subsequent driving under the
influence convictions a felony. In reference to Attachment I, this would
increase Sections G5, H5, and IS, referring to fines for third offenses,
$390 to $2,500. Sections G7, H7, and 17 relating to jail time for third
offenses would increase to 16 months, two years, or three years in State
prison (see Attachment 2).
S8 2073 - Recommend Support
This bill could increase the penalty for felony DUI or vehicular
manslaughter while intoxicated when there are multiple victims. One
additional year in prison would be added for each additional victim, up to
a three-year maximum. This bill also adds treatment and education
requirements for those convicted of DUI and causing injury when the
defendant has a similar conviction (see Attachment 3).
;her bills which are pending on this subject did not provide any significant
enhancements to the existing penalties.
SUBSTANCE ABUSE PROGRAMS
The memo from the Counci 1 Subcommi ttee referred to a IICertifi ed Substance
Abuse Program. II The Vehicle Code refers to these programs as "alcohol and
drug problem assessment programs. II The Vehicle Code provides for counties to
voluntarily initiate and maintain some kind of program although the individual
judicial districts within the counties are not required to participate.
Fortunately, all of the judicial districts in San Diego County participate in
these programs, although they are administered by different organizations.
Locally, the MAAC project in Chula Vista administers the drunk
driver/substance abuse programs for the Probati on Department. There are two
programs offered, one for the fi rst offender and one for those convi cted of
one or more offense related to driving under the influence.
1. First Offender Program
Cost: $80
12-hour course
Provided alcohol and drug education with six classroom hours and six
hours group i nteracti on. The cl ass meets twice a week for 1-1/2
hours.
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Page 3, Item 5
Meeting Date~
2. Continuing Offender (58 38) Program
Cost: $764
365-day course
Cl ass provi des 12 hours educati on, the same as the fi rst offender
program. Participants must also attend one AA meeting per week and
have a 3D-minute evaluation every other week. This program can take
up to 18 months.
CONCLUSION
The Department believes that at this time it would be more appropriate to
support existing legislation, AB 2751 and SB 2073, rather than to try to
initiate some new legislation. The mechanism for providing stiffer penalties
to those DUI are in place and these two bills will provide a realistic
enhancement to the existing penalties.
Staff has prepared a resolution reflecting the staff recommendation. If
adopted, it will be forwarded to the League and local legislators. If,
instead, Council prefers to support the recommendation of the subcommittee,
you may approve all or part of their proposal (Attachment 4) by minute action
instead of approving the attached resolution.
WPC 0143N
the City council ?f
Chula Vist , California
Dated
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