SB 61: Driving under the influence: ignition interlock device.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-28
Existing law requires the Department of Motor Vehicles to immediately suspend a persons privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation.
Existing law also requires the department to immediately suspend or revoke a persons privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the persons vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted drivers license.
Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to January 1, 2016, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted drivers license, being reissued a drivers license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates.
This bill would extend the operation of that pilot program until July 1, 2017. This bill would make these provisions relating to the pilot program inoperative on July 1, 2017, and would repeal them as of January 1, 2018.
Existing law requires the Department of Motor Vehicles to immediately suspend a persons privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation.
Existing law also requires the department to immediately suspend or revoke a persons privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the persons vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted drivers license.
Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to January 1, 2016, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted drivers license, being reissued a drivers license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates.
This bill would extend the operation of that pilot program until July 1, 2017. This bill would make these provisions relating to the pilot program inoperative on July 1, 2017, and would repeal them as of January 1, 2018.
Existing law requires the Department of Motor Vehicles to immediately suspend a persons privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation.
Existing law also requires the department to immediately suspend or revoke a persons privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the persons vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted drivers license.
Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to January 1, 2016, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted drivers license, being reissued a drivers license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. The amount of time the ignition interlock device is required to be installed is based upon the number of convictions, as prescribed.
This bill would extend that pilot program until July 1, 2016. Effective July 1, 2016, the bill would make an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted drivers license eligible for a restricted drivers license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.
The bill would also require a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install an ignition interlock device on all vehicles that he or she owns or operates for a specified period of time. The bill would also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted drivers license without completing a period of license suspension or revocation. The bill would authorize a court to require a person convicted of a specified type of reckless driving to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a specified period of time. The bill would require the Department of Motor Vehicles to issue a report to the Legislature by June 1, 2020, regarding the implementation and efficacy of these provisions.
The bill would also make conforming and clarifying changes.
By specifying that certain crimes relating to ignition interlock devices apply when an ignition interlock device is installed pursuant to the provisions of this bill, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would extend the operation of that pilot program until July 1, 2017.This bill would make these provisions relating to the pilot program inoperative on July 1, 2017, and would repeal them as of January 1, 2018.
Existing law requires the Department of Motor Vehicles to immediately suspend a persons privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation.
Existing law also requires the department to immediately suspend or revoke a persons privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the persons vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted drivers license.
Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to January 1, 2016, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted drivers license, being reissued a drivers license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. The amount of time the ignition interlock device is required to be installed is based upon the number of convictions, as prescribed.
This bill would provide that extend that pilot program until July 1, 2016. Effective July 1, 2016, the bill would make an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted drivers license may be eligible for a restricted drivers license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.
The bill would also require a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install an ignition interlock device on all vehicles that he or she owns or operates for a specified period of time. The bill would also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted drivers license without completing a period of license suspension or revocation. The bill would provide that its provisions would become operative July 1, 2016. authorize a court to require a person convicted of a specified type of reckless driving to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a specified period of time. The bill would require the Department of Motor Vehicles to issue a report to the Legislature by June 1, 2020, regarding the implementation and efficacy of these provisions.
The bill would also make conforming and clarifying changes.
By specifying that certain crimes relating to ignition interlock devices apply when an ignition interlock device is installed pursuant to the provisions of this bill, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Motor Vehicles to immediately suspend a persons privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation.
Existing law also requires the department to immediately suspend or revoke a persons privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the persons vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted drivers license.
Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to January 1, 2016, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted drivers license, being reissued a drivers license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. The amount of time the ignition interlock device is required to be installed is based upon the number of convictions, as prescribed.
This bill would provide that an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted drivers license may be eligible for a restricted drivers license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device.
The bill would also require a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install an ignition interlock device on all vehicles that he or she owns or operates for a specified period of time. The bill would also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted drivers license without completing a period of license suspension or revocation. The bill would provide that its provisions would become operative July 1, 2016. The bill would require the Department of Motor Vehicles to issue a report to the Legislature by June 1, 2020, regarding the implementation and efficacy of these provisions.
The bill would also make clarifying changes.
By specifying that certain crimes relating to ignition interlock devices apply when an ignition interlock device is installed pursuant to the provisions of this bill, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This chapter shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
This chapter shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
This chapter shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
SEC. 2.Section 23702 is added to the Vehicle Code, to read:23702.This chapter shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, March 11, 2015. (JR11)(a)The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1)Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(2)Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556. 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(3)Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542. 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license restriction of the driving privilege if the person meets all of the following requirements:
(A)Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
(B)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(C)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(E)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(F)The person provides proof of financial responsibility, as defined in Section 16430.
(G)The person pays all reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(I)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(4)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(5)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:
(A)Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
(B)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(C)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(E)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(F)The person provides proof of financial responsibility, as defined in Section 16430.
(G)An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(H)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(I)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(J)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(6)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568, 23568 of this code, or if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(ii)Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(7)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(8)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(b)For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
(c)A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d)A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
(e)For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(f)For the purposes of this section, completion of a program is the following:
(1)Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2)Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
(h)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 13352 is added to the Vehicle Code, to read:13352.(a)The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1)Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(2)Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556. 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556. 23556 of this code.
(ii)Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in clause (i).
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all reissue fees and any restriction fee required by the department.
(G)The person pays to the department a fee sufficient to cover the reasonable costs of administration of administering the requirements of this paragraph, as determined by the department.
(H)The restriction shall remain in effect for the period required in subdivision (e).
(3)Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542. 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all reissue fees and any restriction fee required by the department.
(G)The person pays to the department a fee sufficient to cover the reasonable costs of administration of administering the requirements of this paragraph, as determined by the department.
(H)The restriction shall remain in effect for the period required in subdivision (e).
(4)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(G)The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(G)
(H)The restriction shall remain in effect for the period required in subdivision (e).
(5)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the reasonable costs of administration of administering the requirements of this paragraph, as determined by the department.
(I)The restriction shall remain in effect for the period required in subdivision (e).
(6)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568, or if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(ii) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(H)
(I)The restriction shall remain in effect for the period required in subdivision (e).
(7)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(H)
(I)The restriction shall remain in effect for the period required in subdivision (e).
(8)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(b)For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
(c)A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d)A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
(e)(1)Except as specified in paragraph (2) or (3), the restriction conditions specified in paragraphs (2) to (7), inclusive, of subdivision (a) shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements are satisfied.
(2)For the purposes of the restriction conditions specified in paragraphs (2) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(3)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to Section 23575.3, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied.
(f)For the purposes of this section, completion of a program is the following:
(1)Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2)Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
(h)The reinstatement of the driving privilege pursuant to this section does not abrogate a persons continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
(i)This section shall become operative on July 1, 2016.
SEC. 3.Section 13352.4 of the Vehicle Code is amended to read:13352.4.(a)Except as provided in subdivision (h), the department shall issue a restricted drivers license to a person whose drivers license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1)Submits proof satisfactory to the department of either of the following, as applicable:
(A)Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538. 23538 of this code.
(B)Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
(2)Submits proof of financial responsibility, as defined in Section 16430.
(3)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b)The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.
(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the persons place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d)Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e)For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f)The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted drivers license authorized under this section.
(h)If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted drivers license, the department may not issue a restricted drivers license under this section.
(i)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 13352.4 is added to the Vehicle Code, to read:13352.4.(a)Except as provided in subdivision (h), the department shall issue a restricted drivers license to a person whose drivers license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1)Submits proof satisfactory to the department of either of the following:
(A)Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538. 23538 of this code.
(B)Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
(2)Complies with subdivision (d) of Section 23575.3, if applicable.
(3)Agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(4)Submits proof of financial responsibility, as defined in Section 16430.
(5)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(6)The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(b)The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.
(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the persons place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d)
(c)Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e)
(d)For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f)
(e)(1)The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.
(2)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to Section 23575.3, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied.
(g)
(f)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted drivers license authorized under this section.
(h)
(g)If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted drivers license, the department may not issue a restricted drivers license under this section.
(i)
(h)This section shall become operative on July 1, 2016.
SEC. 5.Section 13353.3 of the Vehicle Code is amended to read:13353.3.(a)An order of suspension of a persons privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b)The period of suspension of a persons privilege to operate a motor vehicle under Section 13353.2 is as follows:
(1)If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, 13353.1 of this code, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occurrence occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for four months.
(2)(A)If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, 13353.1 of this code, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraphs (B) and (C).
(B)The one-year suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i)The person is eligible for a restricted drivers license pursuant to Section 13352.
(ii)The person installs an ignition interlock device as required in Section 13352 for that restricted drivers license.
(iii)The person complies with all other applicable conditions of Section 13352 for a restricted drivers license.
(C)The one-year suspension pursuant to subparagraph (A) shall terminate after completion of a 90-day suspension period, and the person shall be eligible for a restricted license if the person has been convicted of a violation of Section 23103, as specified in Section 23103.5, arising out of the same occurrence, has no more than two prior alcohol-related convictions within 10 years, as specified pursuant to subparagraph (A), and all of the following conditions are met:
(i)The person satisfactorily provides, subsequent to the underlying violation date, proof satisfactory to the department of enrollment in a nine-month driving-under-the-influence program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(ii)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (i).
(iii)The person installs an ignition interlock device and submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(iv)The person agrees to maintain the ignition interlock device as required pursuant to subdivision (g) of Section 23575.
(v)The person provides proof of financial responsibility, as defined in Section 16430.
(vi)The person pays all license fees and any restriction fee required by the department.
(vii)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(D)The department shall advise those persons that are eligible under subparagraph (C) that after completion of 90 days of the suspension period, the person may apply to the department for a restricted drivers license, subject to the conditions set forth in subparagraph (C).
(E)The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subparagraph (C) and remain in effect for at least the remaining period of the original suspension and until the person provides satisfactory proof to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The restricted driving privilege shall be subject to the following conditions:
(i)If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(ii)For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(iii)The department shall terminate the restriction issued pursuant to this section and shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed pursuant to subparagraph (A).
(iv)The department shall terminate the restriction issued pursuant to this section and shall immediately suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to this section. The privilege shall remain suspended for the remaining period of the original suspension imposed pursuant to subparagraph (A).
(3)Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.
(c)If a persons privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.
(d)For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(e)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege is not eligible for the restricted drivers license authorized pursuant to this section.
(f)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.Section 13353.3 is added to the Vehicle Code, to read:13353.3.(a)An order of suspension of a persons privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b)The period of suspension of a persons privilege to operate a motor vehicle under Section 13353.2 is as follows:
(1)If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, 13353.1 of this code, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occurrence occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for four months.
(2)(A)If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, 13353.1 of this code, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraphs (B) and (C).
(B)The one-year suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i)The person is eligible for a restricted drivers license pursuant to Section 13352.
(ii)The person installs an ignition interlock device as required in Section 13352 for that restricted drivers license.
(iii)The person complies with all other applicable conditions of Section 13352 for a restricted drivers license.
(C)The one-year suspension pursuant to subparagraph (A) shall terminate after completion of a 90-day suspension period, and the person shall be eligible for a restricted license if the person has been convicted of a violation of Section 23103, as specified in Section 23103.5, arising out of the same occurrence, has no more than two prior alcohol-related convictions within 10 years, as specified pursuant to subparagraph (A), and all of the following conditions are met:
(i)The person satisfactorily provides, subsequent to the underlying violation date, proof satisfactory to the department of enrollment in a nine-month driving-under-the-influence program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(ii)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (i).
(iii)The person installs an ignition interlock device and submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(iv)The person agrees to maintain the ignition interlock device as required under Section 23575.3.
(v)The person provides proof of financial responsibility, as defined in Section 16430.
(vi)The person pays all license fees and any restriction fee required by the department.
(vii)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(D)The department shall advise those persons that are eligible under subparagraph (C) that after completion of 90 days of the suspension period, the person may apply to the department for a restricted drivers license, subject to the conditions set forth in subparagraph (C).
(E)The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subparagraph (C) and remain in effect for at least the remaining period of the original suspension and until the person provides satisfactory proof to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The restricted driving privilege shall be subject to the following conditions:
(i)If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(ii)For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(iii)The department shall terminate the restriction issued pursuant to this section and shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed pursuant to subparagraph (A).
(iv)The department shall terminate the restriction issued pursuant to this section and shall immediately suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to this section. The privilege shall remain suspended for the remaining period of the original suspension imposed pursuant to subparagraph (A).
(3)Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.
(c)If a persons privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.
(d)For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(e)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege is not eligible for the restricted drivers license authorized pursuant to this section.
(f)This section shall become operative on July 1, 2016.
SEC. 7.Section 13353.4 of the Vehicle Code is amended to read:13353.4.(a)Except as provided in Section 13353.3, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.
(b)The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.Section 13353.4 is added to the Vehicle Code, to read:13353.4.(a)Except as provided in Section 13353.3, 13353.6, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.
(b)The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.
(c)This section shall become operative on July 1, 2016.
SEC. 9.Section 13353.5 of the Vehicle Code is amended to read:13353.5.(a)If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, Section 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(b)If the person submits an application for a California drivers license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c)For the purposes of this section, state includes a foreign province or country.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 10.Section 13353.5 is added to the Vehicle Code, to read:13353.5.(a)If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, Section 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (3) of subdivision (e) of Section 13352 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(b)If the person submits an application for a California drivers license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c)For the purposes of this section, state includes a foreign province or country.
(d)This section shall become operative on July 1, 2016.
SEC. 11.Section 13353.6 is added to the Vehicle Code, to read:13353.6.(a)Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2 and who is eligible for a restricted drivers license as provided for in Section 13353.3 or 13353.7 may be eligible for a restricted drivers license without serving any period of the suspension if the person meets all of the eligibility requirements specified in those sections and the person does both of the following:
(1)The person installs an ignition interlock device on any vehicle that he or she own or operates and submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(2)The person agrees to maintain the ignition interlock device as required under Section 23575.3.
(b)A person whose driving privilege has been suspended under Section 13353.2 may install an ignition interlock device prior to the effective date specified in Section 13353.3. A person who installs an ignition interlock device pursuant to this subdivision, meets all of the eligibility requirements specified in Section 13353.3 or 13353.7, and complies with paragraphs (1) and (2) of subdivision (a) is eligible for a restricted drivers license on the effective date specified in Section 13353.3.
(c)The department shall terminate the restriction issued pursuant to Section 13353.3 or 13353.7 and shall immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification from the ignition interlock device installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain suspended for the remaining mandatory suspension period imposed pursuant to Section 13353.3.
(b)
(d)This section shall become operative on July 1, 2016.
SEC. 12.Section 13386 of the Vehicle Code is amended to read:13386.(a)(1)The department shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.
(2)(A)The department shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.
(B)The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:
(i)The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations.
(ii)The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive.
(C)Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.
(b)(1)A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.
(2)Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.
(c)An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.
(d)The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturers agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.
(e)No model of ignition interlock device shall be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration.
(f)All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the department, who intend to market the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out this section.
(g)The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:
(1)An Option to Install, to be sent by the department to repeat offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of an ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.
(2)A Verification of Installation to be returned to the department by the reinstating offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturers agent.
(3)A Notice of Noncompliance and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at 60 days to maximize monitoring checks for equipment tampering.
(h)Every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices shall adopt fee schedules that provide for the payment of the costs of the device by applicants in amounts commensurate with the applicants ability to pay.
(i)A person who manufacturers, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required by law to install an ignition interlock device on a vehicle that he or she owns or operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
SEC. 13.Section 23103.5 of the Vehicle Code is amended to read:23103.5.(a) If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.
(b)The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
(c)If the court accepts the defendants plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutors statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.
(d)The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.
(e)Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
(f)(1)If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(2)The court shall revoke the persons probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).
(g)Beginning July 1, 2016, the court may require a person convicted of a violation of Section 23103, as described in this section, to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period of at least three months, but no longer than the term specified in Section 23575.3 that would have applied to the defendant had he or she instead been convicted of a violation of Section 23152, from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles. A person who is required to install an ignition interlock device pursuant to this subdivision shall submit the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386 and maintain the ignition interlock device as required under subdivision (f) of Section 23575.3. The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to this subdivision.
(g)
(h)The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the programs described in subdivisions (e) and (f) (g) as to treating persons convicted of violating Section 23103.
SEC. 13.SEC. 14.Section 23247 of the Vehicle Code is amended to read:23247.(a)It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 23575, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c)It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700.
(d)It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f)Any person convicted of a violation of this section shall be punished by imprisonment in the a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g)(1)If any person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the persons driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2)If any person who is restricted pursuant to subdivision (a) or (l) of Section 23575 or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the persons driving privilege for one year from the date of the conviction.
(h)Notwithstanding any other law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.SEC. 15.Section 23247 is added to the Vehicle Code, to read:23247.(a)It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 13352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c)It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700.
(d)It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f)Any person convicted of a violation of this section shall be punished by imprisonment in the a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g)(1)If any person whose driving privilege is restricted pursuant to Section 13352 or 13352.4 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the persons driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2)If any person who is restricted pursuant to Section 23575.3, subdivision (a) or (i) of Section 23575, or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the persons driving privilege for one year from the date of the conviction.
(h)Notwithstanding any other law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i)This section shall become operative on July 1, 2016.
SEC. 15.SEC. 16.Section 23573 of the Vehicle Code is amended to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 16.SEC. 17.Section 23573 is added to the Vehicle Code, to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become operative on July 1, 2016.
SEC. 17.SEC. 18.Section 23575 of the Vehicle Code is amended to read:23575.(a)(1)In addition to any other law, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(2)The court shall require a person convicted of a violation of Section 14601.2 to install an ignition interlock device on any vehicle that the person owns or operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(b)The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816 the requirement and term for the use of a certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c)The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(d)A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with a requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e)The court shall monitor the installation and maintenance of an ignition interlock device restriction ordered pursuant to subdivision (a) or (l). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f)(1)If a person is convicted of a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction, or if a person is convicted of a violation of Section 23103, as specified in Section 23103.5, and is suspended for one year under Section 13353.3, the person may apply to the Department of Motor Vehicles for a restricted drivers license pursuant to Section 13352 or 13353.3 that prohibits the person from operating a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device, certified pursuant to Section 13386. The restriction shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.4 are met.
(2)Pursuant to subdivision (g), the Department of Motor Vehicles shall immediately terminate the restriction issued pursuant to Section 13352 or 13353.3 and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to Section 13352 or 13353.3. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.4 are met.
(g)A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to Section 13352 or 13353.3 shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. There is no obligation on the part of the installer to notify the department or the court if the person has complied with all of the requirements of this section.
(h)Nothing in this section permits a person to drive without a valid drivers license.
(i)The Department of Motor Vehicles shall include information along with the order of suspension or revocation for repeat offenders informing them that after a specified period of suspension or revocation has been completed, the person may either install an ignition interlock device on any vehicle that the person owns or operates or remain with a suspended or revoked drivers license.
(j)Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(k)If a medical problem does not permit a person to breathe with sufficient strength to activate the device, that person shall only have the suspension option.
(l)This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) or (b) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(m)For the purposes of this section, vehicle does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(n)For the purposes of this section, owned means solely owned or owned in conjunction with another person or legal entity. For purposes of this section, operates includes operating a vehicle that is not owned by the person subject to this section.
(o)For the purposes of this section, bypass includes, but is not limited to, either of the following:
(1)A combination of failing or not taking the ignition interlock device rolling retest three consecutive times.
(2)An incidence of failing or not taking the ignition interlock device rolling retest, when not followed by an incidence of passing the ignition interlock rolling retest prior to turning off the vehicles engine.
(p)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 18.SEC. 19.Section 23575 is added to the Vehicle Code, to read:23575.(a)The court shall require a person convicted of a violation of Section 14601.2 to install an ignition interlock device on any vehicle that the person owns or operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(b)The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816 the requirement and term for the use of a certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c)The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(d)A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with a requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e)The court shall monitor the installation and maintenance of an ignition interlock device restriction ordered pursuant to subdivision (a) or (i). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f)Nothing in this section permits a person to drive without a valid drivers license.
(g)Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(h)If a medical problem does not permit a person to breathe with sufficient strength to activate the device, that person shall only have the suspension option.
(i)This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(j)For the purposes of this section, vehicle does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(k)For the purposes of this section, owned means solely owned or owned in conjunction with another person or legal entity. For purposes of this section, operates includes operating a vehicle that is not owned by the person subject to this section.
(l)For the purposes of this section, bypass includes, but is not limited to, either of the following:
(1)A combination of failing or not taking the ignition interlock device rolling retest three consecutive times.
(2)An incidence of failing or not taking the ignition interlock device rolling retest, when not followed by an incidence of passing the ignition interlock rolling retest prior to turning off the vehicles engine.
(m)This section shall become operative on July 1, 2016.
SEC. 19.SEC. 20.Section 23575.3 is added to the Vehicle Code, to read:23575.3.(a)In addition to any other requirement imposed by law, a court shall require notify a person convicted of a violation listed in subdivision (h) that he or she is required to install a certified ignition interlock device on any vehicle that the person owns or operates and shall prohibit that person that he or she is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.
(b)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
(c)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(d)(1)A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
(A)Arrange for each vehicle owned or operated by the person to be equipped with a functioning ignition interlock device by a certified ignition interlock device provider under Section 13386.
(B)Provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(C)Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
(2)A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time he or she purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
(A)The person does not own a vehicle.
(B)The person does not have access to a vehicle at his or her residence.
(C)The person no longer has access to the vehicle he or she was driving at the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D)The person acknowledges that he or she is only allowed to drive a vehicle that is equipped with a functioning ignition interlock device.
(E)The person acknowledges that he or she is required to have a valid drivers license before he or she can drive.
(F)The person acknowledges that he or she is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(e)In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers license record of the person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device for the applicable term.
(f)(1)A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(g)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
(h)A person is required to install an ignition interlock device pursuant to this section for the applicable term, as follows:
(1)A person convicted of a violation of subdivision (a), (b), (d), or (f) of Section 23152 shall be required to install an ignition interlock device, as follows:
(A)Upon a first offense, conviction with no priors, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of six months.
(B)Upon a second offense, conviction with one prior, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
(C)Upon a third offense, conviction with two priors, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(D)Upon a fourth or subsequent offense, conviction with three or more priors, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.
(2)A person convicted of a violation of (a), (b), (d), or (f) of Section 23153 shall install an ignition interlock device, as follows:
(A)Upon a first offense, conviction with no priors, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
(B)Upon a second offense, conviction with one prior, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(C)Upon a third offense, conviction with two priors, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.
(D)Upon a fourth or subsequent offense, conviction with three or more priors, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 48 months.
(3)For the purposes of paragraphs (1) and (2), prior means a conviction for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code.
(3)
(4)The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted drivers license pursuant to Section 13352 or 13352.4. A person shall receive credit for any period in which he or she had a restricted drivers license issued pursuant to Section 13353.3 or 13353.7 and he or she was in compliance with Section 13353.6.
(i)Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
(j)If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not be credited towards the mandatory term for which the ignition interlock device is required to be installed shall be reset by the department. installed.
(k)(1)Every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the ignition interlock device by offenders subject to this chapter in amounts commensurate with that persons income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A)A person with an income at 100 percent of the federal poverty level and below is responsible for 10 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(B)A person with an income at 101 to 200 percent of the federal poverty level is responsible for 25 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(C)A person with an income at 201 to 300 percent of the federal poverty level is responsible for 50 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(D)All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(2)The cost of the ignition interlock device may only be raised annually equal to the Consumer Price Index.
(3)The offenders income may be verified by presentation of that persons current federal income tax return or three months of monthly income statements.
(l)This section does not permit a person to drive without a valid drivers license.
(m)The requirements of this section are in addition to any other requirements of law.
(n)For the purposes of this section, vehicle does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(o)This section shall become operative on July 1, 2016.
SEC. 20.SEC. 21.Section 23575.5 is added to the Vehicle Code, to read:23575.5.(a)On or before June 1, 2020, the Department of Motor Vehicles shall report to the Legislature regarding the implementation and efficacy of the program enacted by the act that added this section.
(b)The report described in subdivision (a) shall, at a minimum, include all of the following:
(1)A comparison of the number of injuries and deaths resulting from alcohol-related car accidents during the following periods:
(A)July 1, 2016, to January 1, 2020, inclusive.
(B)July 1, 2013, to July 1, 2016, inclusive.
(C)July 1, 2010, to July 1, 2013, inclusive.
(D)July 1, 2007, to July 1, 2010, inclusive.
(2)A comparison of the number of individuals who have been convicted more than one time for driving under the influence of alcohol during the following periods:
(A)July 1, 2016, to January 1, 2020, inclusive.
(B)July 1, 2013, to July 1, 2016, inclusive.
(C)July 1, 2010, to July 1, 2013, inclusive.
(D)July 1, 2007, to July 1, 2010, inclusive.
(1)Whether anyone who was required to have an ignition interlock device installed as a result of the program killed or injured anyone in an accident while he or she was operating a vehicle under the influence of alcohol.
(2)Whether anyone who was required to have an ignition interlock device installed as a result of the program was convicted of an alcohol-related violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code during the term in which the person was required to have the ignition interlock device installed.
(3)A comparison of the number of injuries and deaths resulting from alcohol-related motor vehicle accidents between July 1, 2016, and January 1, 2020, inclusive, and during periods of similar duration prior to the implementation of the program.
(4)A comparison of the number of individuals who have been convicted more than one time for driving under the influence of alcohol between July 1, 2016, and January 1, 2020, inclusive, and periods of similar duration prior to the implementation of the program.
(c)The report described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(d)(1)This section shall become operative on July 1, 2016.
(2)Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on June 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 21.SEC. 22.Section 23576 of the Vehicle Code is amended to read:23576.(a)Notwithstanding Sections 23575 and 23700, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the persons driving privilege has been restricted pursuant to Sections Section 23575 and or 23700 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.
(b)A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Sections Section 23575 and or 23700, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 22.SEC. 23.Section 23576 is added to the Vehicle Code, to read:23576.(a)Notwithstanding Sections 23575, 23575.3, and 23700, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the persons driving privilege has been restricted pursuant to Sections Section 23575, 23575.3, or 23700 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.
(b)A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Sections Section 23575, 23575.3, or 23700, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).
(c)This section shall become operative on July 1, 2016.
SEC. 23.SEC. 24.Section 23597 of the Vehicle Code is amended to read:23597.(a)Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the drivers license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.5, or 23566. When making this order, the court shall consider all of the following:
(1)The persons level of remorse for the acts.
(2)The period of time that has elapsed since the persons previous convictions.
(3)The persons blood-alcohol level at the time of the violation.
(4)The persons participation in an alcohol treatment program.
(5)The persons risk to traffic or public safety.
(6)The persons ability to install a certified ignition interlock device in each motor vehicle that he or she owns or operates.
(b)Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a drivers license pursuant to this section, the department shall revoke the persons drivers license for 10 years, except as provided in subdivision (c).
(c)(1)Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386 and agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. Notwithstanding Chapter 5 (commencing with Section 23700) or subdivision (f) of Section 23575, the ignition interlock device shall remain on the persons motor vehicle for two years following the reinstatement of the persons driving privilege pursuant to this section.
(2)The department shall reinstate the persons license pursuant to paragraph (1), if the person satisfies all of the following conditions:
(A)The person was not convicted of any drug- or alcohol-related offenses, under state law, during the drivers license revocation period.
(B)The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153.
(C)The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the drivers license revocation period.
(3)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 24.SEC. 25.Section 23597 is added to the Vehicle Code, to read:23597.(a)Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the drivers license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.5, or 23566. When making this order, the court shall consider all of the following:
(1)The persons level of remorse for the acts.
(2)The period of time that has elapsed since the persons previous convictions.
(3)The persons blood-alcohol level at the time of the violation.
(4)The persons participation in an alcohol treatment program.
(5)The persons risk to traffic or public safety.
(6)The persons ability to install a certified ignition interlock device in each motor vehicle that he or she owns or operates.
(b)Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a drivers license pursuant to this section, the department shall revoke the persons drivers license for 10 years, except as provided in subdivision (c).
(c)(1)Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386 and agrees to maintain the ignition interlock device as required under subdivision (f) of Section 23575.3. Notwithstanding Chapter 5 (commencing with Section 23700) or Section 23575.3, the ignition interlock device shall remain on the persons motor vehicle for two years following the reinstatement of the persons driving privilege pursuant to this section.
(2)The department shall reinstate the persons license pursuant to paragraph (1), if the person satisfies all of the following conditions:
(A)The person was not convicted of any drug- or alcohol-related offenses, under state law, during the drivers license revocation period.
(B)The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153. 23153 of this code.
(C)The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the drivers license revocation period.
(3)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met.
(d)This section shall become operative on July 1, 2016.
SEC. 26.Section 23702 of the Vehicle Code is repealed.23702.This chapter shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
SEC. 27.Section 23702 is added to the Vehicle Code, immediately following Section 23701, to read:23702.This chapter shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 25.SEC. 28.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153 or 23153, subdivision (a) of Section 23109 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified below shall apply in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1)Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(2)Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(3)Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restriction of the driving privilege, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, subject to the following conditions: restricted drivers license if the person meets all of the following requirements:
(A)Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
(B)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(C)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(E)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(F)The person provides proof of financial responsibility, as defined in Section 16430.
(G)The person pays all reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(I)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(4)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person he or she may apply to the department for a restricted drivers license, subject to the following conditions: license if the person meets all of the following requirements:
(A)The person has satisfactorily completed, satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in that 30-month program. employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(B)
(C)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(C)
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(D)
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(E)
(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(F)
(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(5)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restriction of the driving privilege, restricted drivers license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, subject to the following conditions: if the person meets all of the following requirements:
(A)Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
(B)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program. employment.
(C)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(C)
(D)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(D)
(E)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)
(F)The person provides proof of financial responsibility, as defined in Section 16430.
(F)
(G)An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)
(H)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)
(I)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(I)
(J)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(6)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568, or if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person he or she may apply to the department for a restricted drivers license, subject to the following conditions: license if the person meets all of the following requirements:
(A)The person has satisfactorily provided, satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program. employment.
(ii)Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(B)
(C)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(C)
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(D)
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(E)
(F)An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(F)
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(G)
(H)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(7)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person he or she may apply to the department for a restricted drivers license, subject to the following conditions: license if the person meets all of the following requirements:
(A)The person has satisfactorily completed, satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program. employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(B)
(C)The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(C)
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(D)
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(E)
(F)An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(F)
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(G)
(H)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(8)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(b)For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153 or 23153, subdivision (a) of Section 23109 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
(c)A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d)A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
(e)For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(f)For the purposes of this section, completion of a program is the following:
(1)Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2)Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
(h)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 13352 is added to the Vehicle Code, to read:13352.(a)The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1)Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(2)Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556.
(ii)Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in clause (i).
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all reissue fees and any restriction fee required by the department.
(G)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(H)The restriction shall remain in effect for the period required in subdivision (e).
(3)Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all reissue fees and any restriction fee required by the department.
(G)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(H)The restriction shall remain in effect for the period required in subdivision (e).
(4)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(G)The restriction shall remain in effect for the period required in subdivision (e).
(5)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(I)The restriction shall remain in effect for the period required in subdivision (e).
(6)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568, or if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(ii) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The restriction shall remain in effect for the period required in subdivision (e).
(7)Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted drivers license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.
(ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person complies with subdivision (d) of Section 23575.3, if applicable.
(D)The person agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(E)The person provides proof of financial responsibility, as defined in Section 16430.
(F)An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(H)The restriction shall remain in effect for the period required in subdivision (e).
(8)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(b)For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
(c)A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d)A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
(e)(1)Except as specified in paragraph (2) or (3), the restriction conditions specified in paragraphs (2) to (7), inclusive, of subdivision (a) shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements are satisfied.
(2)For the purposes of the restriction conditions specified in paragraphs (2) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(3)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to Section 23575.3, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied.
(f)For the purposes of this section, completion of a program is the following:
(1)Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2)Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
(h)The reinstatement of the driving privilege pursuant to this section does not abrogate a persons continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
(i)This section shall become operative on July 1, 2016.
SEC. 3.Section 13352.4 of the Vehicle Code is amended to read:13352.4.(a)Except as provided in subdivision (h), the department shall issue a restricted drivers license to a person whose drivers license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1)Submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538. either of the following, as applicable:
(A)Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.
(B)Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
(2)Submits proof of financial responsibility, as defined in Section 16430.
(3)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b)The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.
(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the persons place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d)Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e)For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f)The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted drivers license authorized under this section.
(h)If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted drivers license, the department may not issue a restricted drivers license under this section.
(i)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 13352.4 is added to the Vehicle Code, to read:13352.4.(a)Except as provided in subdivision (h), the department shall issue a restricted drivers license to a person whose drivers license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1)Submits proof satisfactory to the department of either of the following:
(A)Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.
(B)Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
(2)Complies with subdivision (d) of Section 23575.3, if applicable.
(3)Agrees to maintain the ignition interlock device as required under Section 23575.3, if applicable.
(4)Submits proof of financial responsibility, as defined in Section 16430.
(5)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b)The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.
(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the persons place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d)Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e)For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f)(1)The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.
(2)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to Section 23575.3, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied.
(g)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted drivers license authorized under this section.
(h)If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted drivers license, the department may not issue a restricted drivers license under this section.
(i)This section shall become operative on July 1, 2016.
SEC. 5.Section 13353.3 of the Vehicle Code is amended to read:13353.3.(a)An order of suspension of a persons privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b)The period of suspension of a persons privilege to operate a motor vehicle under Section 13353.2 is as follows:
(1)If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occurrence occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for four months.
(2)(A)If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraphs (B) and (C).
(B)The one-year suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i)The person is eligible for a restricted drivers license pursuant to Section 13352.
(ii)The person installs an ignition interlock device as required in Section 13352 for that restricted drivers license.
(iii)The person complies with all other applicable conditions of Section 13352 for a restricted drivers license.
(C)The one-year suspension pursuant to subparagraph (A) shall terminate after completion of a 90-day suspension period, and the person shall be eligible for a restricted license if the person has been convicted of a violation of Section 23103, as specified in Section 23103.5, arising out of the same occurrence, has no more than two prior alcohol-related convictions within 10 years, as specified pursuant to subparagraph (A), and all of the following conditions are met:
(i)The person satisfactorily provides, subsequent to the underlying violation date, proof satisfactory to the department of enrollment in a nine-month driving-under-the-influence program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(ii)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (i).
(iii)The person installs an ignition interlock device and submits the Verification of Installation form described in paragraph (2) of subdivision (h) (g) of Section 13386.
(iv)The person agrees to maintain the ignition interlock device as required pursuant to subdivision (g) of Section 23575.
(v)The person provides proof of financial responsibility, as defined in Section 16430.
(vi)The person pays all license fees and any restriction fee required by the department.
(vii)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(D)The department shall advise those persons that are eligible under subparagraph (C) that after completion of 90 days of the suspension period, the person may apply to the department for a restricted drivers license, subject to the conditions set forth in subparagraph (C).
(E)The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subparagraph (C) and remain in effect for at least the remaining period of the original suspension and until the person provides satisfactory proof to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The restricted driving privilege shall be subject to the following conditions:
(i)If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(ii)For the purposes of this section, enrollment, participation, and completion of an approved program shall be occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(iii)The department shall terminate the restriction issued pursuant to this section and shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed pursuant to subparagraph (A).
(iv)The department shall terminate the restriction issued pursuant to this section and shall immediately suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to this section. The privilege shall remain suspended for the remaining period of the original suspension imposed pursuant to subparagraph (A).
(3)Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.
(c)If a persons privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.
(d)For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(e)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege is not eligible for the restricted drivers license authorized pursuant to this section.
(f)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.Section 13353.3 is added to the Vehicle Code, to read:13353.3.(a)An order of suspension of a persons privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b)The period of suspension of a persons privilege to operate a motor vehicle under Section 13353.2 is as follows:
(1)If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occurrence occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for four months.
(2)(A)If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, the persons privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraphs (B) and (C).
(B)The one-year suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i)The person is eligible for a restricted drivers license pursuant to Section 13352.
(ii)The person installs an ignition interlock device as required in Section 13352 for that restricted drivers license.
(iii)The person complies with all other applicable conditions of Section 13352 for a restricted drivers license.
(C)The one-year suspension pursuant to subparagraph (A) shall terminate after completion of a 90-day suspension period, and the person shall be eligible for a restricted license if the person has been convicted of a violation of Section 23103, as specified in Section 23103.5, arising out of the same occurrence, has no more than two prior alcohol-related convictions within 10 years, as specified pursuant to subparagraph (A), and all of the following conditions are met:
(i)The person satisfactorily provides, subsequent to the underlying violation date, proof satisfactory to the department of enrollment in a nine-month driving-under-the-influence program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(ii)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (i).
(iii)The person installs an ignition interlock device and submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(iv)The person agrees to maintain the ignition interlock device as required under Section 23575.3.
(v)The person provides proof of financial responsibility, as defined in Section 16430.
(vi)The person pays all license fees and any restriction fee required by the department.
(vii)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(D)The department shall advise those persons that are eligible under subparagraph (C) that after completion of 90 days of the suspension period, the person may apply to the department for a restricted drivers license, subject to the conditions set forth in subparagraph (C).
(E)The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subparagraph (C) and remain in effect for at least the remaining period of the original suspension and until the person provides satisfactory proof to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The restricted driving privilege shall be subject to the following conditions:
(i)If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(ii)For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(iii)The department shall terminate the restriction issued pursuant to this section and shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed pursuant to subparagraph (A).
(iv)The department shall terminate the restriction issued pursuant to this section and shall immediately suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to this section. The privilege shall remain suspended for the remaining period of the original suspension imposed pursuant to subparagraph (A).
(3)Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.
(c)If a persons privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.
(d)For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(e)The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege is not eligible for the restricted drivers license authorized pursuant to this section.
(f)This section shall become operative on July 1, 2016.
SEC. 7.Section 13353.4 of the Vehicle Code is amended to read:13353.4.(a)Except as provided in Section 13353.3, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.
(b)The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.Section 13353.4 is added to the Vehicle Code, to read:13353.4.(a)Except as provided in Section 13353.3, 13353.6, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.
(b)The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.
(c)This section shall become operative on July 1, 2016.
SEC. 9.Section 13353.5 of the Vehicle Code is amended to read:13353.5.(a)If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, Section 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(b)If the person submits an application for a California drivers license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c)For the purposes of this section, state includes a foreign province or country.
(d)This section shall become operative on September 20, 2005.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 10.Section 13353.5 is added to the Vehicle Code, to read:13353.5.(a)If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, Section 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (3) of subdivision (e) of Section 13352 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(b)If the person submits an application for a California drivers license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c)For the purposes of this section, state includes a foreign province or country.
(d)This section shall become operative on July 1, 2016.
SEC. 11.Section 13353.6 is added to the Vehicle Code, to read:13353.6.(a)Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2 and who is eligible for a restricted drivers license as provided for in Section 13353.3 or 13353.7 may be eligible for a restricted drivers license without serving any period of the suspension if the person meets all of the eligibility requirements specified in those sections and the person does both of the following:
(1)The person installs an ignition interlock device on any vehicle that he or she own or operates and submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(2)The person agrees to maintain the ignition interlock device as required under Section 23575.3.
(b)This section shall become operative on July 1, 2016.
SEC. 12.Section 13386 of the Vehicle Code is amended to read:13386.(a)(1)The Department of Motor Vehicles department shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.
(2)(A)The Department of Motor Vehicles department shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.
(B)The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:
(i)The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations.
(ii)The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive.
(C)Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.
(b)(1)A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.
(2)Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.
(c)An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.
(d)The department shall utilize information from an independent laboratory to certify ignition interlock devices on or off the premises of the manufacturer or manufacturers agent, independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturers agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.
(e)No model of ignition interlock device shall be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration.
(f)All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the Department of Motor Vehicles, department, who intend to market the devices in this state, first shall apply to the Department of Motor Vehicles department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out this section.
(g)A manufacturer and a manufacturers agent certified by the department to provide ignition interlock devices shall provide each year to the department information on the number of false positives and the time to reset the device. The department shall use this information in evaluating the continued certification of an ignition interlock device.
(h)
(g)The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:
(1)An Option to Install, to be sent by the Department of Motor Vehicles department to repeat offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of an ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.
(2)A Verification of Installation to be returned to the department by the reinstating offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturers agent.
(3)A Notice of Noncompliance and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at 60 days to maximize monitoring checks for equipment tampering.
(i)
(h)Every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices shall adopt fee schedules that provide for the payment of the costs of the device by applicants in amounts commensurate with the applicants ability to pay.
(i)A person who manufacturers, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required by law to install an ignition interlock device on a vehicle that he or she owns or operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
SEC. 13.Section 23247 of the Vehicle Code is amended to read:23247.(a)It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 23575, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c)It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700.
(d)It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f)Any person convicted of a violation of this section shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g)(1)If any person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the persons driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2)If any person who is restricted pursuant to subdivision (a) or (l) of Section 23575 or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the persons driving privilege for one year from the date of the conviction.
(h)Notwithstanding any other provision of law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.Section 23247 is added to the Vehicle Code, to read:23247.(a)It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 13352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c)It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700.
(d)It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e)It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f)Any person convicted of a violation of this section shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g)(1)If any person whose driving privilege is restricted pursuant to Section 13352 or 13352.4 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the persons driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2)If any person who is restricted pursuant to Section 23575.3, subdivision (a) or (i) of Section 23575, or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the persons driving privilege for one year from the date of the conviction.
(h)Notwithstanding any other law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i)This section shall become operative on July 1, 2016.
SEC. 15.Section 23573 of the Vehicle Code is amended to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become operative on July 1, 2009.
(n)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 16.Section 23573 is added to the Vehicle Code, to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become operative on July 1, 2016.
SEC. 17.Section 23575 of the Vehicle Code is amended to read:23575.(a)(1)In addition to any other law, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(2)The court shall require a person convicted of a violation of Section 14601.2 to install an ignition interlock device on any vehicle that the person owns or operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(b)The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816 the requirement and term for the use of a certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c)The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(d)A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with a requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e)The court shall monitor the installation and maintenance of an ignition interlock device restriction ordered pursuant to subdivision (a) or (l). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f)(1)If a person is convicted of a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction, or if a person is convicted of a violation of Section 23103, as specified in Section 23103.5, and is suspended for one year under Section 13353.3, the person may apply to the Department of Motor Vehicles for a restricted drivers license pursuant to Section 13352 or 13353.3 that prohibits the person from operating a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device, certified pursuant to Section 13386. The restriction shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.4 are met.
(2)Pursuant to subdivision (g), the Department of Motor Vehicles shall immediately terminate the restriction issued pursuant to Section 13352 or 13353.3 and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to Section 13352 or 13353.3. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.4 are met.
(g)A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to Section 13352 or 13353.3 shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. There is no obligation on the part of the installer to notify the department or the court if the person has complied with all of the requirements of this section.
(h)Nothing in this section permits a person to drive without a valid drivers license.
(i)The Department of Motor Vehicles shall include information along with the order of suspension or revocation for repeat offenders informing them that after a specified period of suspension or revocation has been completed, the person may either install an ignition interlock device on any vehicle that the person owns or operates or remain with a suspended or revoked drivers license.
(j)Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(k)If a person has a medical problem that does not permit the a person to breathe with sufficient strength to activate the device, then that person shall only have the suspension option.
(l)This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) or (b) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(m)For the purposes of this section, vehicle does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(n)For the purposes of this section, owned means solely owned or owned in conjunction with another person or legal entity. For purposes of this section, operates includes operating a vehicle that is not owned by the person subject to this section.
(o)For the purposes of this section, bypass includes, but is not limited to, either of the following:
(1)A combination of failing or not taking the ignition interlock device rolling retest three consecutive times.
(2)An incidence of failing or not taking the ignition interlock device rolling retest, when not followed by an incidence of passing the ignition interlock rolling retest prior to turning off the vehicles engine.
(p)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 18.Section 23575 is added to the Vehicle Code, to read:23575.(a)The court shall require a person convicted of a violation of Section 14601.2 to install an ignition interlock device on any vehicle that the person owns or operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(b)The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816 the requirement and term for the use of a certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c)The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(d)A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with a requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e)The court shall monitor the installation and maintenance of an ignition interlock device restriction ordered pursuant to subdivision (a) or (i). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f)Nothing in this section permits a person to drive without a valid drivers license.
(g)Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(h)If a medical problem does not permit a person to breathe with sufficient strength to activate the device, that person shall only have the suspension option.
(i)This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the persons records in the Department of Motor Vehicles.
(j)For the purposes of this section, vehicle does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(k)For the purposes of this section, owned means solely owned or owned in conjunction with another person or legal entity. For purposes of this section, operates includes operating a vehicle that is not owned by the person subject to this section.
(l)For the purposes of this section, bypass includes, but is not limited to, either of the following:
(1)A combination of failing or not taking the ignition interlock device rolling retest three consecutive times.
(2)An incidence of failing or not taking the ignition interlock device rolling retest, when not followed by an incidence of passing the ignition interlock rolling retest prior to turning off the vehicles engine.
(m)This section shall become operative on July 1, 2016.
SEC. 19.Section 23575.3 is added to the Vehicle Code, to read:23575.3.(a)In addition to any other requirement imposed by law, a court shall require a person convicted of a violation listed in subdivision (h) to install a certified ignition interlock device on any vehicle that the person owns or operates and shall prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.
(b)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
(c)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(d)(1)A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
(A)Arrange for each vehicle owned or operated by the person to be equipped with a functioning ignition interlock device by a certified ignition interlock device provider under Section 13386.
(B)Provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(C)Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
(2)A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time he or she purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
(A)The person does not own a vehicle.
(B)The person does not have access to a vehicle at his or her residence.
(C)The person no longer has access to the vehicle he or she was driving at the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D)The person acknowledges that he or she is only allowed to drive a vehicle that is equipped with a functioning ignition interlock device.
(E)The person acknowledges that he or she is required to have a valid drivers license before he or she can drive.
(F)The person acknowledges that he or she is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(e)In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers license record of the person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device for the applicable term.
(f)(1)A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(g)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
(h)A person is required to install an ignition interlock device pursuant to this section for the applicable term, as follows:
(1)A person convicted of a violation of subdivision (a), (b), (d), or (f) of Section 23152 shall be required to install an ignition interlock device, as follows:
(A)Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of six months.
(B)Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
(C)Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(D)Upon a fourth or subsequent offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.
(2)A person convicted of a violation of (a), (b), (d), or (f) of Section 23153 shall install an ignition interlock device, as follows:
(A)Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
(B)Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(C)Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.
(D)Upon a fourth or subsequent offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 48 months.
(3)The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted drivers license pursuant to Section 13352 or 13352.4. A person shall receive credit for any period in which he or she had a restricted drivers license issued pursuant to Section 13353.3 or 13353.7 and he or she was in compliance with Section 13353.6.
(i)Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
(j)If a person fails to comply with any of the requirements regarding ignition interlock devices, the mandatory term for which the ignition interlock device is required to be installed shall be reset by the department.
(k)(1)Every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the ignition interlock device by offenders subject to this chapter in amounts commensurate with that persons income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A)A person with an income at 100 percent of the federal poverty level and below is responsible for 10 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(B)A person with an income at 101 to 200 percent of the federal poverty level is responsible for 25 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(C)A person with an income at 201 to 300 percent of the federal poverty level is responsible for 50 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(D)All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(2)The cost of the ignition interlock device may only be raised annually equal to the Consumer Price Index.
(3)The offenders income may be verified by presentation of that persons current federal income tax return or three months of monthly income statements.
(l)This section does not permit a person to drive without a valid drivers license.
(m)The requirements of this section are in addition to any other requirements of law.
(n)For the purposes of this section, vehicle does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(o)This section shall become operative on July 1, 2016.
SEC. 20.Section 23575.5 is added to the Vehicle Code, to read:23575.5.(a)On or before June 1, 2020, the Department of Motor Vehicles shall report to the Legislature regarding the implementation and efficacy of the program enacted by the act that added this section.
(b)The report described in subdivision (a) shall, at a minimum, include the following:
(1)A comparison of the number of injuries and deaths resulting from alcohol-related car accidents during the following periods:
(A)July 1, 2016, to January 1, 2020, inclusive.
(B)July 1, 2013, to July 1, 2016, inclusive.
(C)July 1, 2010, to July 1, 2013, inclusive.
(D)July 1, 2007, to July 1, 2010, inclusive.
(2)A comparison of the number of individuals who have been convicted more than one time for driving under the influence of alcohol during the following periods:
(A)July 1, 2016, to January 1, 2020, inclusive.
(B)July 1, 2013, to July 1, 2016, inclusive.
(C)July 1, 2010, to July 1, 2013, inclusive.
(D)July 1, 2007, to July 1, 2010, inclusive.
(c)The report described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(d)(1)This section shall become operative on July 1, 2016.
(2)Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on June 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 21.Section 23576 of the Vehicle Code is amended to read:23576.(a)Notwithstanding Sections 23575 and 23700, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the persons driving privilege has been restricted pursuant to Sections 23575 and 23700 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.
(b)A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Sections 23575 and 23700, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 22.Section 23576 is added to the Vehicle Code, to read:23576.(a)Notwithstanding Sections 23575, 23575.3, and 23700, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the persons driving privilege has been restricted pursuant to Sections 23575, 23575.3, or 23700 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.
(b)A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Sections 23575, 23575.3, or 23700, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).
(c)This section shall become operative on July 1, 2016.
SEC. 23.Section 23597 of the Vehicle Code is amended to read:23597.(a)Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the drivers license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.5, or 23566. When making this order, the court shall consider all of the following:
(1)The persons level of remorse for the acts.
(2)The period of time that has elapsed since the persons previous convictions.
(3)The persons blood-alcohol level at the time of the violation.
(4)The persons participation in an alcohol treatment program.
(5)The persons risk to traffic or public safety.
(6)The persons ability to install a certified ignition interlock device in each motor vehicle that he or she owns or operates.
(b)Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a drivers license pursuant to this section, the department shall revoke the persons drivers license for 10 years, except as provided in subdivision (c).
(c)(1)Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the Verification of Installation form described in paragraph (2) of subdivision (h) (g) of Section 13386 and agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. Notwithstanding Chapter 5 (commencing with Section 23700) or subdivision (f) of Section 23575, the ignition interlock device shall remain on the persons motor vehicle for two years following the reinstatement of the persons driving privilege pursuant to this section.
(2)The department shall reinstate the persons license pursuant to paragraph (1), if the person satisfies all of the following conditions:
(A)The person was not convicted of any drug- or alcohol-related offenses, under state law, during the drivers license revocation period.
(B)The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153.
(C)The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the drivers license revocation period.
(3)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met.
(d)This section shall become operative on January 1, 2012.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 24.Section 23597 is added to the Vehicle Code, to read:23597.(a)Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the drivers license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.5, or 23566. When making this order, the court shall consider all of the following:
(1)The persons level of remorse for the acts.
(2)The period of time that has elapsed since the persons previous convictions.
(3)The persons blood-alcohol level at the time of the violation.
(4)The persons participation in an alcohol treatment program.
(5)The persons risk to traffic or public safety.
(6)The persons ability to install a certified ignition interlock device in each motor vehicle that he or she owns or operates.
(b)Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a drivers license pursuant to this section, the department shall revoke the persons drivers license for 10 years, except as provided in subdivision (c).
(c)(1)Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386 and agrees to maintain the ignition interlock device as required under subdivision (f) of Section 23575.3. Notwithstanding Chapter 5 (commencing with Section 23700) or Section 23575.3, the ignition interlock device shall remain on the persons motor vehicle for two years following the reinstatement of the persons driving privilege pursuant to this section.
(2)The department shall reinstate the persons license pursuant to paragraph (1), if the person satisfies all of the following conditions:
(A)The person was not convicted of any drug- or alcohol-related offenses, under state law, during the drivers license revocation period.
(B)The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153.
(C)The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the drivers license revocation period.
(3)The department shall immediately terminate the restriction issued pursuant to this section and shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met.
(d)This section shall become operative on July 1, 2016.
SEC. 25.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| May 28, 2015 | Read second time. Ordered to third reading. |
| Sep 28, 2015 | Chaptered by Secretary of State. Chapter 350, Statutes of 2015. |
| Sep 28, 2015 | Approved by the Governor. |
| Sep 3, 2015 | Enrolled and presented to the Governor at 10 a.m. |
| Aug 31, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2693.) Ordered to the Senate. |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 31, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Aug 28, 2015 | Read second time. Ordered to third reading. |
| Aug 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (August 27). |
| Aug 19, 2015 | August 19 set for first hearing. Placed on APPR. suspense file. |
| Jul 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 16. Noes 0.) (July 13). Re-referred to Com. on APPR. |
| Jun 15, 2015 | Referred to Com. on TRANS. |
| Jun 2, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2015 | Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly. |
| Jun 1, 2015 | Read third time. Passed. (Ayes 40. Noes 0. Page 1195.) Ordered to the Assembly. |
| Dec 29, 2014 | Introduced. To Com. on RLS. for assignment. To print. |
| May 28, 2015 | From committee: Do pass. (Ayes 7. Noes 0. Page 1146.) (May 28). |
| May 23, 2015 | Set for hearing May 28. |
| Apr 27, 2015 | April 27 hearing: Placed on APPR. suspense file. |
| Apr 17, 2015 | Set for hearing April 27. |
| Apr 15, 2015 | April 20 hearing postponed by committee. |
| Apr 10, 2015 | Set for hearing April 20. |
| Apr 7, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 6, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 404.) (March 24). |
| Mar 11, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 6, 2015 | Set for hearing March 24. |
| Jan 15, 2015 | Referred to Com. on PUB. S. |
| Jan 5, 2015 | Read first time. |
| Dec 30, 2014 | From printer. May be acted upon on or after January 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2015 | SB 61 Hill Senate Third Reading By COOLEY | Assembly Floor |
Passed |
|
| Aug 27, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| Jun 1, 2015 | Senate 3rd Reading SB61 Hill | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Mar 24, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Advocates for Highway and Auto Safety | ** Support | Aug 31, 2015 |
| Alameda County District Attorney's Office | ** Support | Aug 31, 2015 |
| Alameda County Sheriff's Office | ** Support | Aug 31, 2015 |
| American Nurses Association | ** Support | Aug 31, 2015 |
| California Association Of Highway Patrolmen | ** Support | Aug 31, 2015 |
| California Attorneys For Criminal Justice | ** Against | Jun 1, 2015 |
| California Council on Alcohol Problems | ** Support | Jun 1, 2015 |
| California Public Defenders Association | ** Against | Jun 1, 2015 |
| California State Council | ** Support | Jun 1, 2015 |
| California State Sheriffs' Association | ** Support | Aug 31, 2015 |
| County Of San Diego | ** Support | Aug 31, 2015 |
| Crime Victims United Of California | ** Support | Aug 31, 2015 |
| Emergency Nurses Association, California State Council | ** Support | Aug 31, 2015 |
| Foundation for Advancing Alcohol Responsibility | ** Support | Jun 1, 2015 |
| Los Angeles County District Attorney'S Office | ** Support | Aug 31, 2015 |
| Mothers Against Drunk Driving | ** Support | Aug 31, 2015 |
| National Football League | ** Support | Aug 31, 2015 |
| National Safety Council | ** Support | Aug 31, 2015 |
| National Transportation Safety Board | ** Support | Aug 31, 2015 |
| Peace Officers Research Association Of California | ** Support | Aug 31, 2015 |
| Tulare County Board of Supervisors | ** Support | Aug 31, 2015 |
SB 61
Page 2
SENATE THIRD READING
SB 61
(Hill)
As Amended April 7, 2015
Majority vote
SENATE VOTE: 40-0
Committee |
Votes |
Ayes |
Noes |
Transportation |
16-0 |
Frazier, Achadjian, Baker, Bloom, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, O'Donnell |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Nazarian, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Extends the existing Department of Motor Vehicles' (DMV) Ignition Interlock Device (IID) pilot project to July 1, 2017.
EXISTING LAW:
Provides that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
Provides that it is unlawful for any person to drive a vehicle, while having 0.08% or more, by weight, of alcohol (BAC) in his or her blood.
Provides that a person convicted of driving under the influence of alcohol (DUI) for the first time may apply for a restricted license if specific requirements are met and all applicable fees are paid.
Authorizes the court to require a person convicted of a first-time DUI, as specified, to install an IID on any vehicle that person operates and to further prohibit the operation of any vehicle without an installed IID. Additionally, directs the court to give heightened consideration of this requirement to a first-time violator convicted of a DUI with a BAC of 0.15% or greater.
Provides that a second or subsequent DUI offender can get his or her license reinstated earlier if he or she agrees to install an IID along with his or her enrollment in the required program, proof of insurance, and payment of specified fees.
Creates an IID pilot project in Alameda, Los Angeles, Sacramento and Tulare Counties requiring a person convicted of a DUI to install an IID for five months upon a first offense, 12 months for a second offense, 24 months for a third offense and for 36 months for a fourth or subsequent offense. Requires the IID pilot project to end on January 1, 2016.
Requires DMV to report to the Legislature regarding the effectiveness of the IID pilot project to reduce the number of first-time violations and repeat DUI offenses.
FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time administrative special fund costs of $1.2 million to $1.5 million, including minor one-time programming costs, for DMV to extend the pilot by 18 months. The DMV is authorized to collect fees to reimburse its costs for the program. [Motor Vehicle Account]
COMMENTS: AB 91 (Feuer), Chapter 217, Statutes of 2009, created an IID pilot project in four counties which mandates the use of an IID for all, including first-time, DUI offenders. AB 91 required DMV to provide a report to the Legislature by January 2015 regarding the effectiveness of the pilot project in reducing the number of first-time violations and repeat offenses in the specified counties.
The rationale for a pilot project was to see what impact a mandatory IID program has on recidivism amongst motorist within the state. While the effectiveness of IIDs has been studied by a number of organizations, the results have been mixed because in many cases, states began mandating IIDs at the same time they strengthened other sanctions. As a result, it has been difficult for researchers to determine if an IID mandate is an effective deterrent in reducing DUI recidivism without also factoring in other sanctions at the same time.
California has had a complex group of sanctions including high fines, jail time, licensing sanctions, mandatory drinker-driver treatment programs and optional IID policies in place since the mid-1980's. AB 91 was enacted to allow DMV to evaluate how best a mandatory IID system should work if implemented statewide. By evaluating four counties, the counties without the mandatory programs act like a control group for the researchers at DMV. DMV would then issue a report to the Legislature to provide direction on the appropriate policy changes, if necessary, are to be made to help reduce DUI recidivism in California.
In January of this year, DMV released their report on the pilot project with the report finding that even though IID installation rates increased dramatically in the pilot counties to include 42.4% of all DUI offenders combined (compared to 2.1% during the pre-pilot period), the study found that there were no differences in the rates of DUI convictions in the pilot counties among first, second, and third-or-more DUI offenders during the pilot program as compared to the pre-pilot program. As a result, the pilot project showed no "general deterrent" effect of requiring the installation of an IID by all offenders. Thus, requiring the installation did not result in fewer DUI’s in the pilot counties.
However, by the report's January 2015 due date, DMV was not able to gather sufficient data to fully assess the overall effectiveness that an IID mandate has on motorist in participating counties. This bill extends the pilot project until July 1, 2017, to give time for the DMV complete a full assessment of the pilot program. The author notes that extending the program for one and a half years will allow DMV to complete this assessment and provide the Legislature with time to review and determine if and how to move forward with a statewide mandatory IID program.
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001640
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 61
(Hill) – As Amended April 7, 2015
Policy Committee: |
Transportation |
Vote: |
16 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends operation of the DMV's pilot program, which mandates installation of an ignition interlock device (IID) on every vehicle owned or operated by all DUI offenders in four specified counties, for an additional 18 months, until July 1, 2017.
FISCAL EFFECT:
One-time administrative special fund costs of $1.2 million to $1.5 million, including minor one-time programming costs, for DMV to extend the pilot by 18 months. The department is authorized to collect fees to reimburse its costs for the program. [Motor Vehicle Account]
COMMENTS:
Background and Purpose. AB 91 (Feuer), Chapter 217, Statutes of 2009, created an IID pilot program effective July 1, 2010 through January 1, 2016, in the counties of Alameda, Los Angeles, Sacramento, and Tulare, which requires a person convicted of a DUI to install an IID for five months upon a first offense, 12 months for a second offense, 24 months for a third offense, and 36 months for a fourth or subsequent offense.
The rationale for a pilot project was to gauge the impact of a mandatory IID program on recidivism within the state. By evaluating the four counties subject to the pilot, the other counties without the mandatory programs act like a control group.
In January, DMV released their report on the pilot project, which found that, even though IID installation rates increased dramatically in the pilot counties (to include 42.4% of all DUI offenders combined, compared to 2.1% during the pre-pilot period), there were no differences in the rates of DUI convictions in the pilot counties compared to the pre-pilot program. As a result, the pilot project showed no “general deterrent” effect of requiring the installation of an IID by all offenders. Requiring the installation therefore did not result in fewer DUI’s in the pilot counties.
By the report's due date, however, DMV was not able to gather sufficient data to fully assess the overall effectiveness that an IID mandate has on motorists in participating counties. SB 61 extends the pilot project until July 1, 2017, to give time for the DMV complete a full assessment of the pilot program.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 61
Page 3
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB 61
(Hill) – As Amended April 7, 2015
SENATE VOTE: 40-0
SUBJECT: Driving under the influence: ignition interlock device.
SUMMARY: Extends the existing Department of Motor Vehicle's (DMV) Ignition Interlock Device (IID) pilot project to July 1, 2017.
EXISTING LAW:
Provides that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
Provides that it is unlawful for any person to drive a vehicle, while having 0.08% or more, by weight, of alcohol (BAC) in his or her blood.
Provides that a person convicted of driving under the influence of alcohol (DUI) for the first time may apply for a restricted license if specific requirements are met and all applicable fees are paid.
Authorizes the court to require a person convicted of a first-time DUI, as specified, to install an IID on any vehicle that person operates and to further prohibit the operation of any vehicle without an installed IID. Additionally, directs the court to give heightened consideration of this requirement to a first-time violator convicted of a DUI with a BAC of .15% or greater.
Provides that a second or subsequent DUI offender can get his or her license reinstated earlier if he or she agrees to install an IID along with his or her enrollment in the required program, proof of insurance, and payment of specified fees.
Creates an IID pilot project in Alameda, Los Angeles, Sacramento and Tulare Counties requiring a person convicted of a DUI to install an IID for 5 months upon a first offense, 12 months for a second offense, 24 months for a third offense and for 36 months for a fourth or subsequent offense. Requires the IID pilot project to end on January 1, 2016.
Requires DMV to report to the Legislature regarding the effectiveness of the IID pilot project to reduce the number of first-time violations and repeat DUI offenses.
FISCAL EFFECT: Unknown
COMMENTS:
AB 91 (Feuer), Chapter 217, Statutes of 2009, created an IID pilot
project in four counties which mandates the use of an IID for all,
including first-time, DUI offenders.
AB 91 required DMV to
provide a report to the Legislature by January 2015 regarding the
effectiveness of the pilot project in reducing the number of
first-time violations and repeat offenses in the specified counties.
The rationale for a pilot project was to see what impact a mandatory IID program has on recidivism amongst motorist within the state. While the effectiveness of IIDs has been studied by a number of organizations, the results have been mixed because in many cases, states began mandating IIDs at the same time they strengthened other sanctions. As a result, it has been difficult for researchers to determine if an IID mandate is an effective deterrent in reducing DUI recidivism without also factoring in other sanctions at the same time.
California has had a complex group of sanctions including high fines, jail time, licensing sanctions, mandatory drinker-driver treatment programs and optional IID policies in place since the mid-1980’s. AB 91 was enacted to allow DMV to evaluate how best a mandatory IID system should work if implemented statewide. By evaluating four counties, the counties without the mandatory programs act like a control group for the researchers at DMV. DMV would then issue a report to the Legislature to provide direction on the appropriate policy changes, if necessary, are to be made to help reduce DUI recidivism in California.
In January of this year, DMV released their report on the pilot project with the report finding that even though IID installation rates increased dramatically in the pilot counties to include 42.4% of all DUI offenders combined (compared to 2.1% during the pre-pilot period), the study found that there were no differences in the rates of DUI convictions in the pilot counties among first, second, and third-or-more DUI offenders during the pilot program as compared to the pre-pilot program. As a result, the pilot project showed no “general deterrent” effect of requiring the installation of an IID by all offenders. Thus, requiring the installation did not result in fewer DUI’s in the pilot counties.
However, by the report's January 2015 due date, DMV was not able to gather sufficient data to fully assess the overall effectiveness that an IID mandate has on motorist in participating counties. SB 61 extends the pilot project until July 1, 2017, to give time for the DMV complete a full assessment of the pilot program. The author notes that extending the program for one and a half years will allow DMV to complete this assessment and provide the Legislature with time to review and determine if and how to move forward with a statewide mandatory IID program.
REGISTERED SUPPORT / OPPOSITION:
Support
Advocates for Highway and Auto Safety
Alameda County District Attorney's Office
Alameda County Sheriff's Office
American Nurses Association/California
California Association of Highway Patrolmen
California State Sheriffs' Association
County of San Diego
Crime Victims United of California
Emergency Nurses Association, California State Council
Los Angeles County District Attorney's Office
Mothers Against Drunk Driving
National Football League
National Safety Council
National Transportation Safety Board
Peace Officers Research Association of California
Tulare County Board of Supervisors
Opposition
None on file
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093
SB 61
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 61
Amended: 4/7/15
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/24/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Driving under the influence: ignition interlock device
DIGEST: This bill extends the existing Ignition Interlock Device pilot project until July 1, 2017.
Existing law:
Provides it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (Vehicle Code § 23152(a).)
Provides that it is unlawful for any person, while having 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle. (Vehicle Code § 23152(b).)
Provides that a person convicted of a first-time DUI may apply for a restricted license for driving to and from work and to and from a driver-under-influence program if specified requirements are met, paying all applicable fees, submitting proof of insurance and proof of participation in a program. (Vehicle Code § 13352.4.)
Provides that a second or subsequent DUI offender can get his or her license reinstated earlier if he or she agrees to install an Ignition Interlock Device (IID) along with his or her enrollment in the required program, proof of insurance and payment of specified fees. (Vehicle Code §§ 13352(a)(3)(B); (a)(4) (B); (a)(5)(C); (a)(6)(B); (a)(7)(B)&(C))
Creates an IID pilot project in Alameda, Los Angeles, Sacramento and Tulare Counties requiring a person convicted of a DUI to install an IID for five months upon a first offense, 12 months for a second offense, 24 months for a 3rd offense and for 36 months for a 4th or subsequent offense. (Vehicle Code § 23700)
Requires DMV to report to the Legislature regarding the effectiveness of the IID pilot project to reduce the number of first-time violations and repeat DUI offenses. (Vehicle Code § 23701)
This bill extends the existing pilot project until July 1, 2017.
Background
In 2009, AB 91 (Feuer, Chapter 217) created an IID pilot project in four counties which mandates the use of an IID for all DUI offenders. DMV will report on the pilot project in January of 2015 regarding the effectiveness of the pilot project in reducing the number of first-time violations and repeat offenses in the specified counties.
The rationale for a pilot project was to see what impact a mandatory IID program has on recidivism in California. While the impact of IID has been studied elsewhere, with mixed results, the comparisons are not perfect because while some of the other states began mandating IID at the same time they strengthened other sanctions, California has had a complex group of sanctions including high fines, jail time, licensing sanctions, mandatory drinker-driver treatment programs and optional IID in place since the mid-1980’s with sanctions being evaluated, changed and strengthened on an ongoing basis since. The thought was that with a pilot project, DMV can evaluate how best a mandatory IID system should work in California. By evaluating four counties, the counties without the mandatory programs act like a control group for the researchers at DMV. Evaluating how the DUI sanctions work is something DMV researchers have been doing with great success since 1990. DMV’s reports have helped inform the Legislature on where changes needed to be made and have helped reduce recidivism in California.
In January of this year, DMV released their report on the pilot project entitled “General Deterrent Evaluation of the Ignition Interlock Pilot Program in California.” The report found that even though “[d]uring the pilot period, IID installation rates increased dramatically in the pilot counties to include 42.4% of all DUI offenders combined, compared to 2.1% during the pre-pilot period” the study found that “ there were no differences in the license-based rates of DUI convictions in the pilot counties among first, second, and third-or-more DUI offenders during the pilot program as compared to the pre-pilot program.” (California DMV, “General Deterrent Evaluation of the Ignition Interlock Pilot Program in California” January 2015 Executive Summary p. vii) Thus the pilot projects showed no “general deterrent” effect of requiring the installation of an IID by all offenders. Requiring the installation did not result in fewer DUI’s in the pilot counties.
By the January 2015 due date, DMV was not able to gather the appropriate data to do an additional report on specific deterrent but intends to have such a report completed by the fall of 2015. While general deterrent shows whether the threat of an IID will keep a person from committing a DUI the first time, a report on a specific deterrent will show whether the installation of an IID by a DUI offender will keep that person from becoming a repeat offender. Both are relevant goals in deciding what sanctions shall be imposed on a DUI offender.
Because the report of the pilot projects showed no general deterrent and it is not yet known what the results on specific deterrent will show, DMV recommends “that subsequent legislative action take into consideration the findings of the specific deterrence evaluation of this pilot program. This evaluation is anticipated to be completed in the fall of 2015.” (CA DMV id at p.5)
This bill extends the pilot project until July 1, 2017 to give time for the final DMV report to be completed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Administrative expenditures of $1.2 million to $1.5 million (Special Fund*) to DMV to extend operation of the pilot for 18 months. Costs are estimated to be reimbursed through the authority of the DMV to collect fees.
One-time minor DMV programming costs of less than $30,000 (Special Fund*) to enable extension of the pilot program.
*Motor Vehicle Account
Advocates for Highway and Auto Safety
Alameda County District Attorney
Alameda County Sheriff’s Office
American Nurses Association
California Council on Alcohol Problems
California State Council
California; California State Sheriffs’ Association
County of San Diego
Emergency Nurses Association
Foundation for Advancing Alcohol Responsibility
Mothers Against Drunk Driving
National Safety Council
National Transportation Safety Board
Peace Officers Research Association of California
OPPOSITION: (Verified 5/29/15)
California Attorneys for Criminal Justice
California Public Defenders Association
Prepared by: Mary Kennedy / PUB.S. /
5/31/15 9:25:40
**** END ****
SB 61 (Hill) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular
SB 61 (Hill) - Driving under the influence: ignition interlock device
|
|
Version: April 7, 2015 |
Policy Vote: PUB. S. 7 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: April 27, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 61 would extend the operation of the existing Department of Motor Vehicles (DMV) pilot program mandating the installation of an ignition interlock device (IID) on every vehicle owned or operated by all driving under the influence (DUI) offenders in four specified counties for an additional 18 months, until July 1, 2017.
Fiscal Impact:
Administrative expenditures of $1.2 million to $1.5 million (Special Fund*) to DMV to extend operation of the pilot for 18 months. Costs are estimated to be reimbursed through the authority of the DMV to collect fees.
One-time minor DMV programming costs of less than $30,000 (Special Fund*) to enable extension of the pilot program.
*Motor Vehicle Account
Background:
Existing law provides that a person convicted of a first-time DUI may apply for a restricted license for driving to and from work and to and from a DUI program if specified requirements are met, paying all applicable fees, submitting proof of insurance and proof of participation in a program. For a second or subsequent DUI offense, a person can get his or her license reinstated earlier if he or she agrees to install an IID along with his or her enrollment in the required program, proof of insurance, and payment of specified fees.
AB 91 (Feuer) Chapter 217/2009 created an IID pilot program effective July 1, 2010, in the counties of Alameda, Los Angeles, Sacramento and Tulare, requiring a person convicted of a DUI to install an IID for five months upon a first offense, 12 months for a second offense, 24 months for a third offense, and 36 months for a fourth or subsequent offense. The pilot program remains in effect until January 1, 2016, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
Pursuant to AB 91, the DMV was required to report to the Legislature by January 1, 2015, regarding the effectiveness of the pilot program in reducing the number of first-time DUI violations and repeat DUI offenses in the pilot counties. In January of 2015, the DMV released the report, General Deterrent Evaluation of the Ignition Interlock Pilot Program in California, which reported the following:
The results indicate that IID installation rates among all DUI offenders increased dramatically in the pilot counties from 2.1 percent during the pre-pilot period to 42.4 percent during the pilot period. The results of the Auto-Regressive Integrated Moving Average analyses show that the IID pilot program was not associated with a reduction in the number of first-time and repeat DUI convictions in the pilot counties. In other words, no evidence was found that the pilot program has a general deterrence effect.
A follow-up study is being conducted to determine if the pilot program has any specific deterrence effects. It is recommended that any subsequent legislative action on this subject take into consideration the findings of this specific deterrence evaluation. This evaluation is anticipated to be completed in the fall of 2015.
Proposed Law:
This bill would extend the operation of the existing four-county IID pilot program being administered by the DMV for an additional 18 months until July 1, 2017.
Related Legislation:
SB 55 (Hill) 2014 would have required a repeat DUI offender to install an IID on his or her vehicle(s) for a specified period of time in order to get a restricted license or to reinstate his or her license, as specified. This bill was held on the Suspense File of the Assembly Committee on Appropriations.
AB 520 (Ammiano) Chapter 657/2011 allowed a person convicted of alcohol-related reckless driving (“wet reckless”) to apply for a restricted license early if he or she complied with specified requirements, including installation of an IID.
AB 91 (Feuer) Chapter 217/2009 established a four-county pilot program within the DMV that requires a person convicted of driving under the influence to install an IID, as specified, on all vehicles he or she owns or operates.
Staff Comments:
It is estimated the DMV would incur operational costs of $1.2 million to $1.5 million (Special Fund) to administer the pilot program for an additional 18 months. These costs are estimated to be reimbursed by fees authorized to be assessed by the DMV to cover the reasonable costs of administration of the program.
-- END --
SB 61 (Hill ) Page 9 of 9
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 61 Hearing Date: March 24, 2015
Author: |
Hill |
||
Version: |
March 11, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
||
Subject: Driving Under the Influence: Ignition Interlock Device
HISTORY
Source: Author
Prior Legislation: SB 55 (Hill) – held in Assembly Appropriations (2013)
AB 520 (Ammiano) – Chapter 657, Stats. 2011
SB 598 (Huff) – Chapter 193, Stats. 2009
AB 91 (Feuer) – Chapter 217, Stats. 2009
SB 1190 (Oropeza) – Chapter 392, Stats. 2008
SB 1361 (Correa) – Vetoed (2008)
SB 1388 (Torlakson) – Chapter 404, Stats. 2008
AB 2784 (Feuer) – until August 28, 2008 version
SB 177 (Migden) – did not move (2007)
AB 4 (Bogh) – held in Assembly Appropriations (2005)
AB 979 (Runner) – Chapter 646, Stats. of 2005
AB 638 (Longville) – prior to 7/2/2003 amends
died on Concurrence (2003)
AB 1026 (Levine) – failed Senate Public Safety (2003)
AB 762 (Torlakson) – Chapter 756, Stats. of 1998
Support: MADD; Advocates for Highway and Auto Safety; Alameda County District Attorney; Alameda County Sheriff’s Office; American Nurses Association\California; California State Sheriffs’ Association; California Council on Alcohol Problems; California State Council; County of San Diego; Emergency Nurses Association; National Safety Council; National Transportation Safety Board; Peace Officers Research Association of California
Opposition: California Attorneys for Criminal Justice; California Public Defenders Association
PURPOSE
The purpose of this bill is to require a DUI offender to install an ignition interlock device (IID) on his or her vehicle for a specified period of time in order to get a restricted license or to reinstate his or her license and to remove the required suspension time before a person can get a restricted license.
Existing law provides it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (Vehicle Code § 23152(a).)
Existing law provides that it is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. (Vehicle Code § 23152(b).)
Existing law provides that a person who is convicted of a first DUI is subject to the following penalties when given probation:
possible 48 hours to 6 months in jail;
$390 to $1,000 fine plus 250% penalty assessments;
completion of a 3-month treatment program or a 9-month program if the BAC was .20% or more;
6 month license suspension or 10 month suspension if 9-month program is ordered; and
Restricted license may be sought upon proof of enrollment or completion of program, proof of financial responsibility and payment of fees. However, the court may disallow the restricted license. (Vehicle Code §§ 13352 (a)(1); 13352.1; 13352.4; 23538(a)(3).)
Existing law provides that a person who is convicted of a first DUI with injury is subject to the following penalties:
16 months, 2 or 3 years in state prison or 90 days to 1 year in county jail;
$390 to $1,000 fine plus 250% penalty assessments; and
1 year driver's license suspension.
Or, when probation is given:
5 days to one year in jail;
$390 to $1,000 fine plus 250% penalty assessments;
1 year license suspension;
3 month treatment program or a 9-month program if the BAC was .20% or more; and
the additional penalties that apply to a first DUI without injury. (Vehicle Code § 23554.)
Existing law provides that the Department of Motor Vehicles shall advise the person convicted of a second DUI that after completion of 12 months of the suspension period, the person may apply for a restricted license subject to the following conditions are met:
Proof of enrollment in an 18 month or 30 month driving-under- the influence program.
The person agrees to continued satisfactory participation in the program.
The person submits proof of installation of an ignition interlock device.
The person provides proof of insurance.
The person pays all fees. (Vehicle Code § 13352 (a)(3).)
Existing law provides that the Department of Motor Vehicles shall advise the person convicted of a third DUI that after completion of 12 months of the suspension period, the person may apply for a restricted license subject to the following conditions are met:
Proof of enrollment in an 18 month or 30 month driving-under-the influence program.
The person agrees to continued satisfactory participation in the program.
The person submits proof of installation of an ignition interlock device.
The person provides proof of insurance.
The person pays all fees. (Vehicle Code § 13352 (a)(5).)
Existing law provides that if a first-offender DUI is found to have a blood concentration of .20% BAC or above or who refused to take a chemical test, the court shall refer the offender to participate in a 9-month licensed program. (Vehicle Code § 23538 (b)(2).)
Existing law provides that a first-time DUI offender sentenced to a 9-month program because of a high BAC or a refusal shall have their license suspended for 10 months. The law further provides that their license may not be reinstated until the person gives proof of insurance and proof of completion of the required program. (Vehicle Code § 13352.1.)
Existing law provides that a person convicted of a first-time DUI may apply for a restricted license for driving to and from work and to and from a driver-under-influence program if specified requirements are met, paying all applicable fees, submitting proof of insurance and proof of participation in a program. (Vehicle Code § 13352.4.)
Existing law provides that a second or subsequent DUI offender can get his or her license reinstated earlier if he or she agrees to install an Ignition Interlock Device (IID) along with his or her enrollment in the required program, proof of insurance and payment of specified fees. (Vehicle Code §§ 13352(a)(3)(B); (a)(4) (B); (a)(5)(C); (a)(6)(B); (a)(7)(B)&(C))
Existing law creates an IID pilot project in Alameda, Los Angeles, Sacramento and Tulare Counties requiring a person convicted of a DUI to install an IID for 5 months upon a first offense, 12 months for a second offense, 24 months for a 3rd offense and for 36 months for a 4th or subsequent offense. (Vehicle Code § 23700)
Existing law requires DMV to report to the Legislature regarding the effectiveness of the IID pilot project to reduce the number of first-time violations and repeat DUI offenses. (Vehicle Code § 23701)
This bill extends the existing pilot project until July 1, 2016.
This bill provides that beginning July 1, 2016 all DUI offenders will be required to install an IID for a specified period of time in order to have their license reinstated.
This bill removes the time a person must have a suspended license before he or she is able to apply for a restricted license.
This bill would allow a court to order a person convicted of a “wet reckless” to install an ignition interlock device on his or her car.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In its most recent status report to the court (February 2015), the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which
amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the court-ordered reduction to 137.5% of design
bed capacity.”(Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for the Bill
According to the author:
California needs to improve the way we handle DUI offenders since DUI crashes kill 1,000 people each year in this state and injure more than 20,000. According to the DMVs 2012 report, Identifying Barriers to Driving Privilege Reinstatement Among California DUI Offenders, “Only about 54% of the eligible 1st offenders and 36% of the eligible 2nd offenders had fully reinstated their driving privileges 3.8 to 4.8 years after their arrest.” According to the DMV’s January 2015 report on the AB 91 four-county IID pilot program, General Deterrent Evaluation of the Ignition Interlock Pilot Program in California, only 42% participated in the IID program. Whether we’re talking about the IID program or the general DUI population, a large portion of DUI offenders are likely driving illegally since they aren’t participating in the required programs.
Senate Bill 61 seeks to increase participation in DUI programs statewide by allowing DUI offenders to reinstate driving privileges immediately after arrest if they install an IID. This immediate driving incentive allows offenders to continue to work and handle family responsibilities without waiting months for DMV and court hearings.
2. The Pilot Project
In 2009, AB 91 (Feuer) created an IID pilot project in four counties which mandates the use of an IID for all DUI offenders. DMV will report on the pilot project in January of 2015 regarding the effectiveness of the pilot project in reducing the number of first-time violations and repeat offenses in the specified counties.
The rationale for a pilot project was to see what impact a mandatory IID program has on recidivism in California. While the impact of IID has been studied elsewhere, with mixed results, the comparisons are not perfect because while some of the other states began mandating IID at the same time they strengthened other sanctions, California has had a complex group of sanctions including high fines, jail time, licensing sanctions, mandatory drinker-driver treatment programs and optional IID in place since the mid-1980’s with sanctions being evaluated, changed and strengthened on an ongoing basis since. The thought was that with a pilot project, DMV can evaluate how best a mandatory IID system should work in California. By evaluating four counties, the counties without the mandatory programs act like a control group for the researchers at DMV. Evaluating how the DUI sanctions work is something DMV researchers have been doing with great success since 1990. DMV’s reports have helped inform the Legislature on where changes needed to be made and have helped reduce recidivism in California.
3. Results From the Pilot Project
In January of this year, DMV released their report on the pilot project entitled “General Deterrent Evaluation of the Ignition Interlock Pilot Program in California.” The report found that even though “[d]uring the pilot period, IID installation rates increased dramatically in the pilot counties to include 42.4% of all DUI offenders combined, compared to 2.1% during the pre-pilot period” the study found that “ there were no differences in the license-based rates of DUI convictions in the pilot counties among first, second, and third-or-more DUI offenders during the pilot program as compared to the pre-pilot program.” (California DMV, “General Deterrent Evaluation of the Ignition Interlock Pilot Program in California” January 2015 Executive Summary p. vii) Thus the pilot projects showed no “general deterrent” effect of requiring the installation of an IID by all offenders. Requiring the installation did not result in fewer DUI’s in the pilot counties.
By the January 2015 due date, DMV was not able to gather the appropriate data to do an additional report on specific deterrent but intends to have such a report completed by the fall of 2015. While general deterrent shows whether the threat of an IID will keep a person from committing a DUI the first time, a report on a specific deterrent will show whether the installation of an IID by a DUI offender will keep that person from becoming a repeat offender. Both are relevant goals in deciding what sanctions shall be imposed on a DUI offender.
Because the report of the pilot projects showed no general deterrent and it is not yet known what the results on specific deterrent will show, DMV recommends “that subsequent legislative action take into consideration the findings of the specific deterrence evaluation of this pilot program. This evaluation is anticipated to be completed in the fall of 2015.” (CA DMV id at p.5)
4. Rates of Installation in the Pilot Counties
As the author notes in his background, the installation rates for IID in this mandatory program increases significantly in the pilot counties from a pre pilot average of 2.1% to an average of 42.4% installation rates. Non-pilot counties also saw a small increase in installation during this time frame, from 2.1% to 4.3% because of a incentivized voluntary installation program that began at the same time as the pilot. While the increase is significant, once could ask that in a mandatory program why the installation is not higher. A person with a DUI cannot get his or her license back until he or she has shown that he or she has installed an IID. First offenders make up most of the DUI offenders and most first time DUI offenders can get their license back within 6 months and many are eligible for a restricted license sooner. The installation rate may indicate a significant number of offenders who have not gone back to get a valid license. They may not be driving or they may be driving without a valid license and insurance.
5. Mandatory Installation of IID
This bill would require any person convicted of a DUI to install an ignition interlock device on all the cars he or she owns for a specified period of time. A person convicted of a first offense has a six month suspension and the IID must be installed for six months. A person with a second offense has a two-year suspension and the IID must be installed for 12 months. A person with a third offense has a three year suspension and the IID must be installed for 24 months. A person with a fourth or subsequent offense has a four year suspension and the ID must be installed for 36 months.
For repeat offenders, the mandatory IID time frame is shorter than the time for the suspended license. As discussed more below, this bill allows the IID to be installed immediately after conviction, maybe as soon as an administrative suspension. It is unclear how this works. A person with a 2nd DUI immediately installs the IID and does the mandatory time of 12 months but would then still have an additional 12 months to serve out their suspension. If he or she has complied with the 12 months can he or she remove the IID and still drive on a restricted license?
6. Removal of Hard Suspension
Under existing law, a person convicted of a DUI must wait a period of time before they can apply to DMV for a restricted license. Since 2005, all licensing actions have gone through DMV not the courts. This bill would remove that mandatory suspension and allow a person to immediately get an ignition interlock device if he or she installs an IID and meets the other requirements. It may also allow the installation during any time of and any administrative suspension since it allows the installation without “any suspension.”
According to the latest DMV report on the DUI Management Information System, DUI arrests in 2011 decreased by 8.0% following decreases of 6.1% in 2010 and 2.9% in 2009. (California DMV 2013 Annual Report of the California DUI Management Information System p. iii)
The report further indicated that the 1-year recidivism rates for all first DUI offenders decreased to the lowest level seen in the past 21years. The DUI re-offense rate for first offenders arrested in 2010 was 46.1% lower than the re-offense rate for first offenders arrested in 1990. The 1-year re-offense rate for second DUI offenders continued to remain at the lowest level in the past 21years. And recidivism decreased from 9.7% in 1990 to 5.2% in 2010, a 46.4% relative decrease for second DUI offenders. (Id atp. 33)
The 2013 and prior reports have all indicated a link between the decline in DUIs and the mandatory suspension of a license because a significant decline occurred after a mandatory administrative suspension (APS) was indicated:
The re-offense rates of second offenders remain higher than those of first offenders across all years Previous DUI -MIS reports suggested that, while many factors may be associated with the overall decline in DUI incidents for both first and second offenders, the reduction may largely be attributed to the implementation of APS suspensions in 1990. An evaluation (Rogers, 1997) of the California APS Law documents recidivism reductions of up to 21.1% for first offenders and 19.5% for repeat offenders, attributable to the law. (Id 37)
The Committee may wish to consider whether it is good policy to eliminate a sanction that has been studies and appears to reduce the recidivism rate in California and replace it with a sanction that the first study has indicated has no general deterrence and the data has yet to be finally analyzed as to specific deterrence.
7. Payment for IID
This bill purports to set up a sliding scale for payment of an IID but it is not clear how it would work.
First it is not clear who has the authority to verify whether the IID installers are actually following the sliding scale set up.
The sliding scale language in the bill describes the provider absorbing portions of “the cost of the ignition interlock device” for those that meet specified income limits. It does not specify what is included in the cost of the device. The device is one cost but the monitoring costs are additional. Are these included?
The bill says that the cost of the IID can only be raised equal to the Consumer Price Index but does not indicate where that price shall currently start.
8. What if You Don’t Own a Car?
This bill provides that a driver can indicate he or she does not own a vehicle any longer in order to not be subject to the IID requirement. However, that request must be made 30 days after the DMV notifies the person of the requirement. 30 days may not be enough time for an offender to realize the true cost of the fines, fees, programs and now IID costs associated with a DUI. An offender may at first think they can keep their car and not drive it during the time of their license only to realize later that they need to sell it or the cost is just not worth it when they are facing the cost of the DUI. Is the 30 days realistic for someone with a 2-year or more license suspension?
9. Permissive Requirement on Wet Reckless
A person arrested for a DUI who has a low blood-alcohol level, or in cases where there may be a weakness in the proof, may plea to a reckless driving with the agreement of the District Attorney and the Court. This is known as a “wet reckless.” This bill would allow a court to order a person convicted of a wet reckless to install an IID. This authority has not previously existed.
10. Support
In support MADD states:
SB 61 will help to stop repeat DUI offenses as offenders who are on the device must prove their sobriety when operating a vehicle on California roadways. The interlock should only be removed after a convicted drunk driver proves that he or she can drive sober on California roadways. General deterrence of drunk driving may not necessarily be accomplished by DUI countermeasures unless such laws are highly publicized. General deterrence typically occurs via high visibility law enforcement activities such as saturation patrols or well publicized sobriety checkpoints.
11. Opposition
California Attorneys for Criminal Justice oppose this bill stating:
CACJ was heavily involved in the negotiation of the details of the pilot project which was adopted by AB 91 (Feuer). One key condition accepted by all key parties was that a study was to be conducted by the DMV to assess the effectiveness of the project. This includes compliance rates, reasons for noncompliance and the affordability gap. CACJ’s concerns has been that the many layers of fines and fees imposed on low income individuals convicted of DUI results in further negative consequences. If drivers are unable to pay the fines in a timely manner, they are subject to warrants or other enhanced actions.
The concept of mandatory interlock devices for first-time offenders has been included in numerous pieces of legislation over the years. These efforts were unsuccessful in large part because studies question whether IID’s are effective deterrents to future DUI’s. In fact, a prior study by the California Department of Motor Vehicles indicates that recidivism was equal, if not higher, for those individuals who installed an IID, thereby undermining significant justification for the bills.
In regards to the cost of interlock devices, although a “sliding scale” was inserted as part of the negotiation, we are continually hearing of clients who find the installation cost of the IID, monthly calibration fees, and other associated fees, as cost prohibitive.
As drafted, even if these individuals register 100% compliance with all other terms and conditions of their sentence and probation, they will be unable to obtain a valid driver’s license if they cannot pay the operational costs of the devices. We anticipate the DMV report will address many of these concerns and the Legislature can explore the department’s findings to determine the next-steps.
In essence, this bill is premature and should be postponed until all stakeholders have the benefit of the DMV report. This will allow us to collaborate to identify effective strategies going forward. Mandatory IID’s is only one option. We should explore all possibilities before adopting a statewide mandate.
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