HomeMy WebLinkAbout020-04RESOLUTION NO. 20-2004
ENDORSING SB 1694, SB 1695, SB 1696, SB 1697, AND SB 1698;
REQUESTING ENDORSEMENT FROM THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, on October 26, 2003, a tragic accident took the lives of Troy and' Alana Pack of
Danville as a result of someone driving with a suspended license and a history of drunken-
driving convictions and arrests; and
WHEREAS, drunk driving fatalities have increased for three years in a row, after a decade
of declining rates; and
WHEREAS, nearly 180,000 people were arrested for driving under the influence of drugs
or alcohol in 2001, including 25% who were repeat offenders, highlighting the need to
make accountable those individuals and families who continue to suffer from alcohol and
drug abuse; and
WHEREAS, despite significant progress in reducing incidents of DUI, repeat offenders
· refuse to stop driving after sanctions by the court and threaten the public with reckless
behavior; and
WHEREAS, Senator Tom Torlakson and Senator Jackie Speier, working in conjunction
with the Town and the DUI Task Force, introduced SB 1694, SB 1695, SB 1696, SB 1697, and
SB 1698, on February 20, 2004 to address these issues; now, therefore be it
RESOLVED, in the interest of the safety of Town residents, the Town of Danville supports
and endorses SB 1694, SB 1695, SB 1696, SB 1697, and SB 1698, in its original form without
amendments, attached hereto as Exhibit 1; and, be it further
RESOLVED, that the Town of Danville formally requests the endorsement of the League of
California Cities and requests their help to encourage other cities in the League to support
this effort.
APPROVED by the Danville Town Council at a regular meeting on March 3, 2004, by the
following vote:
AYES: Arnerich,
NOES: None
ABSTAINED: None
ABSENT: None
Doyle, Andersen,
Sh~'mansky,~~Stepper
MAYO~, "-
APPROVED AS TO FORM:
crrY ATTORNEY
CITY CLERK
2004 LEGISLATION
DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS (DUI)
After a decade of decline due to increased education, treatment and enforcement, drunk
driving rates have increased for several years. Repeat offenders who have not
responded to existing sanctions and treatment continue to threaten California drivers.
The following bills would help reditce DUI rates by expanding sanctions, treatment
and improving accountability for DUI violators:
SB 1694 Eliminate "Washout" for Multiple Offenders: All previous DUI violations
would remain on a person's driving record for purposes of sentencing a repeat
offender. Current law provides, in most cases, that a violator is charged as a repeat
offender only if that person was convicted of a previous DUI within the past seven
years. This bill would delete the provision that requires the offense to have occurred
within the past seven years. This bill would also count previous convictions for "drunk
in public" (CPC 647(0) for purposes of requiring a DUI offender to be assessed for drug
and alcohol problems.
SB 1695 Increased Assessment of Multiple offenders: All repeat offenders would be
required to be assessed for drug and alcohol problems. This bill extends current law
which only requires a multiple offender who drops out of treatment to be assessed.
Current law also allows a $100 fee to be charged for assessment. Many courts currently
require assessment on all DUI offenses.
SB 1696 Proof of Treatment Completion: DUI treatment providers would be required to
send the certificate of completion of treatment directly to the DMV. Current law allows
the treatment providers to give the certificate to the participant who then presents it to
the Department of Motor Vehicles (DMV) as part of license renewal. This bill is
sponsored by the DMV and is part of an ongoing effort to improve accountability and
prevent fraud when issuing and renewing licenses.
SB 1697 Drivers License Consolidation: Drivers license restrictions and revocations for
DUI violators would be consolidated at the DMV. Current law provides authority to
restrict driving privileges to both the DMV and to the courts, creating some confusion
for violators and additional work for the courts. This bill will streamline license
sanctions, reduce costs and workload for the courts, and save public funds.
SB 1698 Local Government Fees for Responding to a DUI: "Emergency response" to a
DUI incident would be better defined for purposes of existing law which allows a local
government to collect fees up to $1,000 to reimburse itself for the costs of enforcement.
Increased reimbursements would provide funds for additional enforcement of DUI
laws by local law enforcement agencies.
EXHIBIT 1 TO RESOLUTION NO. 20-2004