AB 1040

This bill provides sentencing alternatives for persons who commit certain

second or third offenses related to operating a motor vehicle while intoxicated (OWI)

and certain controlled substance offenses.

Under current law, with certain exceptions, a person who commits an

OWI-related offense is subject to a fine and a term of imprisonment. For a second

OWI-related offense, the term of imprisonment is not less than five days nor more

than six months, and for a third offense the term of imprisonment is not less than

45 days nor more than one year. If the person commits an OWI-related offense while

operating a commercial vehicle, for a second offense the term of imprisonment is not

less than five days nor more than six months, and for a third or subsequent offense,

the term of imprisonment is not less than 45 days nor more than one year. A person

who possesses a schedule I or II controlled substance is subject to a maximum term

of imprisonment of three years and six months for a first offense, and a maximum

term of imprisonment of seven years and six months for a second or subsequent

offense. A person who possesses a narcotic that is not a schedule I or II controlled

substance, or who possesses drug paraphernalia, is subject to a maximum term of

imprisonment of 30 days.

Under the bill, if a court places on probation a person who commits his or her

second or third OWI-related offense or certain controlled substance offenses, and

requires the person to take a therapeutically indicated dose of the drug naltrexone

or follow a nonpharmacological treatment plan, the person is subject to the same fine

he or she would be subject to under current law, but his or her period of imprisonment

is reduced if he or she successfully completes probation. For a person who commits

a second OWI-related offense or a second offense related to operating a commercial

vehicle with a prohibited alcohol concentration, the period of imprisonment is five

to seven days. For a person who commits a third OWI-related offense or a third

offense related to operating a commercial vehicle with a prohibited alcohol

concentration, the period of imprisonment is not less than 14 days. For a person who

possesses a schedule I or II controlled substance, the period of imprisonment is not

more than one year and six months for a first offense, and not more than three years

and six months for a second or subsequent offense. For a person who possesses a

narcotic that is not a schedule I or II controlled substance or who possesses drug

paraphernalia, the period of imprisonment is not more than ten days.

Under the bill, a person may not be sentenced under this sentencing alternative

or under another sentencing alternative for OWI-related offenses more than once in

his or her lifetime, and may not be sentenced under this sentencing alternative for

controlled substance-related offenses more than once in his or her lifetime.