Just in from Assemblyman Martin Garrick...

Bill to Strengthen Felony DUI Punishment Stopped in Assembly

AB 1882 would have created tougher penalties for illegal immigrant DUI offenders

SACRAMENTO - Assembly Bill 1882, by Assemblyman Martin Garrick (R-Carlsbad), was defeated yesterday in the Assembly Committee Public Safety. The vote was 2-5, with all five Democrats voting against the bill. Assemblymen Greg Aghazarian (R-Stockton) and Joel Anderson (R-El Cajon) cast their votes in support.

"It is very disappointing that the Public Safety committee continues to be the biggest misnomer in the Legislature," said Garrick.

AB 1882 would have required local law enforcement agencies to notify Immigration and Customs Enforcement when a person has been arrested for DUI resulting in bodily injury or property damage over $600 and cannot provide valid documentation of their legal status.

The bill was introduced in response to the tragic story of Sara Cole, a mother of four from Los Gatos, who was loading her sons' bikes in the car when she was hit by an illegal immigrant driving with a blood alcohol content of more than twice the legal limit. She survived, but even after months of rehabilitation has only partial use of her legs.

"Sara Cole's story is illustrative of a larger problem that is ongoing in our state and nation," said Garrick. "The irresponsible act of felony DUI is economically, physically, and emotionally devastating to those who are victims of it."

Existing law already provides for deportation of individuals, including non-citizens here legally, for a variety of offenses including domestic violence, crimes against children, drug offenses, and failure to register as a sex offender. AB 1882 would not have mandated deportation for felony DUI, but would have simply required that the arresting agency notify the proper federal authorities.

"Those who are living in the United States illegally and committing such destructive offenses should not be afforded the privilege of continuing to live in California," said Garrick. "It is disappointing that a committee which is entrusted with protecting the safety of our communities and upholding the rule of law failed to take a stand against those who have chosen to ignore the laws of our state and our nation."

Assemblyman Martin Garrick represents north San Diego County and proudly serves the cities of Carlsbad, Del Mar, Encinitas, San Marcos, Solana Beach, Vista and portions of Escondido, Oceanside, Rancho Santa Fe, and San Diego.