AB 274

Under current law, after a person is convicted of most crimes, the trial court

may withhold the person's sentence, or impose a sentence of imprisonment but stay

the imposition of imprisonment, and place the person on probation for a period of

time. If the crime carries a mandatory minimum period of incarceration of one year

or less, the person must be incarcerated for at least the mandatory minimum period

as a condition of his or her probation.

Under current law, a trial court may not place a person on probation if the

person has committed a second or third violation related to operating a vehicle while

intoxicated or with a prohibited alcohol concentration, or three or fewer violations

related to operating a commercial vehicle while intoxicated or with a prohibited

alcohol concentration or causing injury while operating a vehicle while intoxicated

or with a prohibited alcohol concentration. A trial court may place a person who

commits more than three of these offenses on probation under current law.

Under this bill, a trial court may place a person who commits any of those

offenses on probation. Under the bill, a person who commits an offense that carries

a mandatory minimum period of incarceration of one year or less must be

incarcerated for at least the mandatory minimum period as a condition of his or her

probation.