SB 1021: Vehicles: driving under the influence of alcohol or drugs.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-06-09
(1)Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle (DUI). A violation of this prohibition, generally, is punishable as a misdemeanor.
Existing law authorizes a court to offer misdemeanor diversion to criminal defendants which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. Existing law specifically prohibits diversion programs for a person charged with DUI.
This bill would, notwithstanding this prohibition, authorize misdemeanor diversion for persons charged with DUI, as specified. The bill would limit diversion to persons who have no prior DUI convictions, and who have not completed DUI diversion within the past 10 years. The bill would require, as a condition of diversion, for the defendant to install an ignition interlock device, as specified, and to participate in education and counseling programs, as specified.
This bill would also require any DUI violation that is dismissed pursuant to this diversion program to count as a prior conviction for purposes of subsequent DUI convictions, as specified.(2)Existing law, until January 1, 2026, requires a person, upon a conviction for DUI with a prior conviction for DUI, as specified, to install and maintain an ignition interlock device (IID) for a specified period of time. Existing law also authorizes a court, upon the first criminal conviction of a person for DUI, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license.
This bill would instead require a person, upon the persons first DUI conviction, to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders.This bill would place specified recordkeeping requirements upon manufacturers of IIDs.
TheThis bill would also would extend the required term of IID installation by 60 days if, within the final 60 days of installation, a driver attempts to start the vehicle when a specified level of alcohol is detected.
(1)Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle (DUI). A violation of this prohibition, generally, is punishable as a misdemeanor.
Existing law authorizes a court to offer misdemeanor diversion to criminal defendants which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. Existing law specifically prohibits diversion programs for a person charged with DUI.
This bill would, notwithstanding this prohibition, authorize misdemeanor diversion for persons charged with DUI, as specified. The bill would limit diversion to persons who have no prior DUI convictions, and who have not completed DUI diversion within the past 10 years. The bill would require, as a condition of diversion, for the defendant to install an ignition interlock device, as specified, and to participate in education and counseling programs, as specified.
This bill would also require any DUI violation that is dismissed pursuant to this diversion program to count as a prior conviction for purposes of subsequent DUI convictions, as specified.
(2)Existing law, until January 1, 2026, requires a person, upon a conviction for DUI with a prior conviction for DUI, as specified, to install and maintain an ignition interlock device (IID) for a specified period of time. Existing law also authorizes a court, upon the first criminal conviction of a person for DUI, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license.
This bill would instead require a person, upon the persons first DUI conviction, to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders.
This bill would place specified recordkeeping requirements upon manufacturers of IIDs.
The bill would also would extend the required term of IID installation by 60 days if, within the final 60 days of installation, a driver attempts to start the vehicle when a specified level of alcohol is detected.
This bill would express the intent of the Legislature to enact legislation to establish a DUI diversion program, as specified.Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle (DUI). A violation of this prohibition, generally, is punishable as a misdemeanor.
Existing law authorizes a court to offer misdemeanor diversion to criminal defendants which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. Existing law specifically prohibits diversion programs for a person charged with DUI.
This bill would express the intent of the Legislature to enact legislation to establish a DUI diversion program, as specified.
The Legislature finds and declares all of the following:
(a)The Department of Motor Vehicles continues to report that Hispanics and African Americans are arrested for driving under the influence of alcohol or drugs (DUI) at disproportionately higher rates compared to their overall percentage of population in the state.
(b)Court-ordered DUI diversion is a tool that can address this disparity and reduce recidivism rates through the promotion of racial equity and justice in Californias criminal legal system.
(c)To achieve these goals, it is imperative to ensure that communities that have historically been overrepresented in DUI arrests have equitable access to participation in DUI diversion programs and that these programs incorporate strategies that have demonstrated success in reducing DUI recidivism.
SEC. 2.Section 1001.95 of the Penal Code is amended to read:1001.95.(a)A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.
(b)A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.
(c)If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d)If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
(e)A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1)Any offense for which a person, if convicted, would be required to register pursuant to Section 290.
(2)A violation of Section 273.5.
(3)A violation of subdivision (e) of Section 243.
(4)A violation of Section 646.9.
(5)A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).
(f)(1)Notwithstanding Section 23640 of the Vehicle Code, on an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).
(2)Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:
(A)The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.
(B)The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.
(C)The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.
(D)The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.
(E)The prosecution does not object to diversion.(F)(E)The court provides the defendant with the admonition described in Section 23593 of the Vehicle Code.
(3)The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.
(4)The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:
(A)Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.
(B)(i)For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, and includes participation in at least one victim impact panel.
(ii)For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, and includes participation in at least one victim impact panel.
(5)If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant, record the dismissal, and transmit the record to the Department of Justice and Department of Motor Vehicles.
(6)If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
SEC. 3.Section 13386 of the Vehicle Code, as added by Section 16 of Chapter 485 of the Statutes of 2017, 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, or the model specifications for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, 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)A model of ignition interlock device shall not 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 reasonable 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 all offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of a functioning, certified 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 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)The department shall develop rules under which every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturers standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturers device, and shall develop a form to be signed by an authorized representative of the manufacturer pursuant to which the manufacturer agrees to provide functioning, certified ignition interlock devices to applicants at the costs described in subdivision (k) of Section 23575.3. The form shall contain an acknowledgment that the failure of the manufacturer, its agents, or authorized installers to comply with subdivision (k) of Section 23575.3 shall result in suspension or revocation of the departments approval for the manufacturer to market ignition interlock devices in this state.
(i)(1)Each manufacturer of ignition interlock devices that is certified by the department shall maintain a participant file for every person to whom they provide an ignition interlock device pursuant to this article.
(2)The participant file described in this subdivision shall include information and records related to the installation, service, calibration, and removal of the device and shall include all data retrieved from the data storage system of the device.
(3)A participant file shall be stored in either paper or electronic format, as determined by the manufacturer.
(4)A participant file shall be retained for a period of no less than three years after the date that the ignition interlock device is removed.
(5)Participant files shall be stored and secured at all times in a manner that reasonably prevents unauthorized access to the records. The department, or any person authorized by the department, shall have access to all participant files and the manufacturer shall provide online access to participant files that are stored electronically to the department.
(j)A person who manufactures, 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 a functioning, certified ignition interlock device on a vehicle that they operate, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(k)This section shall become operative on January 1, 2019.
(l)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.Section 13386 of the Vehicle Code, as added by Section 22 of Chapter 783 of the Statutes of 2016, 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, or the Model Specifications for Breath Alcohol Ignition Interlock Devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, 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)A model of ignition interlock device shall not 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 sell 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)(1)Each manufacturer of ignition interlock devices that is certified by the department shall maintain a participant file for every person to whom they provide an ignition interlock device pursuant to this article.
(2)The participant file described in this subdivision shall include information and records related to the installation, service, calibration, and removal of the device and shall include all data retrieved from the data storage system of the device.
(3)A participant file shall be stored in either paper or electronic format, as determined by the manufacturer.
(4)A participant file shall be retained for a period of no less than three years after the date that the ignition interlock device is removed.
(5)Participant files shall be stored and secured at all times in a manner that reasonably prevents unauthorized access to the records. The department, or any person authorized by the department, shall have access to all participant files and the manufacturer shall provide online access to participant files that are stored electronically to the department.
(j)A person who manufactures, 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 they own or operate, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(k)This section shall become operative January 1, 2026.
SEC. 5.Section 23540 of the Vehicle Code is amended to read:23540.(a)If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b)Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.SEC. 6.Section 23546 of the Vehicle Code is amended to read:23546.(a)If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender their drivers license to the court in accordance with Section 13550.(b)A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.SEC. 7.SEC. 5.Section 23575.3 of the Vehicle Code is amended to read:23575.3.(a)In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and are 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), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, shall inform the 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 a functioning, certified 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 operated by the person to be equipped with a functioning, certified 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 they purchase or have 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 their residence.
(C)The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D)The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E)The person acknowledges that they are required to have a valid drivers license before they can drive.
(F)The person acknowledges that they are subject to the requirements of this section when they purchase or have 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 functioning, 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 a functioning, certified 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, if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device, or if the device registers a failed start.
(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 a functioning, certified 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), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
(A)Upon a conviction with no priors, punishable under Section 23536, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of six months. only one of the following may occur:
(i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person 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 not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.
(iii)The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.
(B)Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(C)Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(D)Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(2)A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
(A)Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(B)Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(C)Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(D)Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(3)A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.
(4)For the purposes of paragraphs (1) and (2), prior means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.
(5)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. A person shall receive credit for any period in which the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75.
(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.
(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 certified 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 or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(B)A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(C)A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(D)A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(E)A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(F)All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(G)The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2)The ignition interlock device provider shall verify the offenders income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
(A)The previous years federal income tax return.
(B)The previous three months of weekly or monthly income statements.
(C)Employment Development Department verification of unemployment benefits.
(l)The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturers agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
(m)If a person has any failed start that occurs within the last 60 days of the mandatory term for which the ignition interlock device is required to be installed, the term shall be extended for a period of 60 days.
(n)This section does not permit a person to drive without a valid drivers license.
(o)The requirements of this section are in addition to any other requirements of law.
(p)For the purposes of this section, the following definitions apply:
(1)Bypass means either of the following:
(A)Failure to take any random retest.
(B)Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the persons blood.
(2)Failed start means any attempt to start the vehicle with a breath alcohol concentration exceeding 0.03 percent, by weight of alcohol, in the persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.
(3)Operates includes operating a vehicle that is not owned by the person subject to this section.
(4)Owned means solely owned or owned in conjunction with another person or legal entity.
(5)Random retest means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicles motor is running.
(6)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.
(q)The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(r)This section shall become operative on January 1, 2019.
(s)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.
(a)The Legislature finds and declares all of the following:
(1)(a)The Department of Motor Vehicles continues to report that Hispanics and African Americans are arrested for driving under the influence of alcohol or drugs (DUI) at disproportionately higher rates compared to their overall percentage of population in the state.
(2)(b)Court-ordered DUI diversion is a tool that can address this disparity and reduce recidivism rates through the promotion of racial equity and justice in Californias criminal legal system.
(3)(c)To achieve these goals, it is imperative to ensure that communities which that have historically been overrepresented in DUI arrests have equitable access to participation in DUI diversion programs and that these programs incorporate strategies which that have demonstrated success in reducing DUI recidivism.
(b)It is the intent of the Legislature to enact legislation to establish a DUI diversion program that achieves the aforementioned goals and is consistent with existing statutory requirements.SEC. 2.Section 1001.95 of the Penal Code is amended to read:1001.95.(a)A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.
(b)A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.
(c)If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d)If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
(e)A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1)Any offense for which a person, if convicted, would be required to register pursuant to Section 290.
(2)A violation of Section 273.5.
(3)A violation of subdivision (e) of Section 243.
(4)A violation of Section 646.9.
(5)A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).
(f)(1)Notwithstanding Section 23640 of the Vehicle Code, on an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).
(2)Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:
(A)The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.
(B)The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.
(C)The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.
(D)The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.
(E)The prosecution does not object to diversion.
(F)The court provides the defendant with the admonition described in Section 23593 of the Vehicle Code.
(3)The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.
(4)The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:
(A)Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.
(B)(i)For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, and includes participation in at least one victim impact panel.
(ii)For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, and includes participation in at least one victim impact panel.
(5)If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant, record the dismissal, and transmit the record to the Department of Justice and Department of Motor Vehicles.
(6)If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
SEC. 3.Section 13386 of the Vehicle Code, as added by Section 16 of Chapter 485 of the Statutes of 2017, 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, or the model specifications for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, 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)A model of ignition interlock device shall not 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 reasonable 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 all offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of a functioning, certified 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 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)The department shall develop rules under which every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturers standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturers device, and shall develop a form to be signed by an authorized representative of the manufacturer pursuant to which the manufacturer agrees to provide functioning, certified ignition interlock devices to applicants at the costs described in subdivision (k) of Section 23575.3. The form shall contain an acknowledgment that the failure of the manufacturer, its agents, or authorized installers to comply with subdivision (k) of Section 23575.3 shall result in suspension or revocation of the departments approval for the manufacturer to market ignition interlock devices in this state.
(i)(1)Each manufacturer of ignition interlock devices that is certified by the department shall maintain a participant file for every person to whom they provide an ignition interlock device pursuant to this article.
(2)The participant file described in this subdivision shall include information and records related to the installation, service, calibration, and removal of the device and shall include all data retrieved from the data storage system of the device.
(3)A participant file shall be stored in either paper or electronic format, as determined by the manufacturer.
(4)A participant file shall be retained for a period of no less than three years after the date that the ignition interlock device is removed.
(5)Participant files shall be stored and secured at all times in a manner that reasonably prevents unauthorized access to the records. The department, or any person authorized by the department, shall have access to all participant files and the manufacturer shall provide online access to participant files that are stored electronically to the department.
(i)(j)A person who manufactures, 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 a functioning, certified ignition interlock device on a vehicle that he or she operates, they operate, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(j)(k)This section shall become operative on January 1, 2019.
(k)(l)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.Section 13386 of the Vehicle Code, as added by Section 22 of Chapter 783 of the Statutes of 2016, 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, or the Model Specifications for Breath Alcohol Ignition Interlock Devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, 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)A model of ignition interlock device shall not 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 sell 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)(1)Each manufacturer of ignition interlock devices that is certified by the department shall maintain a participant file for every person to whom they provide an ignition interlock device pursuant to this article.
(2)The participant file described in this subdivision shall include information and records related to the installation, service, calibration, and removal of the device and shall include all data retrieved from the data storage system of the device.
(3)A participant file shall be stored in either paper or electronic format, as determined by the manufacturer.
(4)A participant file shall be retained for a period of no less than three years after the date that the ignition interlock device is removed.
(5)Participant files shall be stored and secured at all times in a manner that reasonably prevents unauthorized access to the records. The department, or any person authorized by the department, shall have access to all participant files and the manufacturer shall provide online access to participant files that are stored electronically to the department.
(i)(j)A person who manufactures, 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, they own or operate, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(j)(k)This section shall become operative January 1, 2026.
SEC. 5.Section 23540 of the Vehicle Code is amended to read:23540.(a)If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.
(b)Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.
(c)This section shall become operative on September 20, 2005. SEC. 6.Section 23546 of the Vehicle Code is amended to read:23546.(a)If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.
(b)A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
SEC. 7.Section 23575.3 of the Vehicle Code is amended to read:23575.3.(a)In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that he or she is or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is are 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), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 a functioning, certified 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 operated by the person to be equipped with a functioning, certified 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 they purchase or have 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 their residence.
(C)The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were 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 they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E)The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.
(F)The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have 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 functioning, 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 a functioning, certified 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. device, or if the device registers a failed start.
(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 a functioning, certified 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), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
(A)Upon a conviction with no priors, punishable under Section 23536, only one of the following may occur: the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of six months.
(i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person 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 not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term. (ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4. (iii)The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(B)Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(C)Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(D)Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(2)A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
(A)Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(B)Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(C)Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(D)Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(3)A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.
(3)(4)For the purposes of paragraphs (1) and (2), prior means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.
(4)(5)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. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75.
(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.
(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 certified 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 or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(B)A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(C)A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(D)A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(E)A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturers standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(F)All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(G)The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2)The ignition interlock device provider shall verify the offenders income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
(A)The previous years federal income tax return.
(B)The previous three months of weekly or monthly income statements.
(C)Employment Development Department verification of unemployment benefits.
(l)The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturers agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
(m)If a person has any failed start that occurs within the last 60 days of the mandatory term for which the ignition interlock device is required to be installed, the term shall be extended for a period of 60 days.
(m)(n)This section does not permit a person to drive without a valid drivers license.
(n)(o)The requirements of this section are in addition to any other requirements of law.
(o)(p)For the purposes of this section, the following definitions apply:
(1)Bypass means either of the following:
(A)Failure to take any random retest.
(B)Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the persons blood.
(2)Failed start means any attempt to start the vehicle with a breath alcohol concentration exceeding 0.03 percent, by weight of alcohol, in the persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.
(2)(3)Operates includes operating a vehicle that is not owned by the person subject to this section.
(3)(4)Owned means solely owned or owned in conjunction with another person or legal entity.
(4)(5)Random retest means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicles motor is running.
(5)(6)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.
(p)(q)The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(q)(r)This section shall become operative on January 1, 2019.
(r)(s)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.
(a)The Legislature finds and declares all of the following:
(1)The Department of Motor Vehicles continues to report that Hispanics and African Americans are arrested for driving under the influence of alcohol or drugs (DUI) at disproportionately higher rates compared to their overall percentage of population in the state.
(2)Court-ordered DUI diversion is a tool that can address this disparity and reduce recidivism rates through the promotion of racial equity and justice in Californias criminal legal system.
(3)To achieve these goals, it is imperative to ensure that communities which have historically been overrepresented in DUI arrests have equitable access to participation in DUI diversion programs and that these programs incorporate strategies which have demonstrated success in reducing DUI recidivism.
(b)It is the intent of the Legislature to enact legislation to establish a DUI diversion program that achieves the aforementioned goals and is consistent with existing statutory requirements.
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Date
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Status
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|---|---|
| Jun 28, 2022 | June 28 hearing postponed by committee. |
| Jun 21, 2022 | June 21 hearing postponed by committee. |
| Jun 14, 2022 | June 14 set for second hearing canceled at the request of author. |
| Jun 9, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 8, 2022 | June 8 set for first hearing canceled at the request of author. |
| May 27, 2022 | Referred to Com. on PUB. S. |
| May 25, 2022 | In Assembly. Read first time. Held at Desk. |
| May 24, 2022 | Read third time. Passed. (Ayes 22. Noes 10. Page 3869.) Ordered to the Assembly. |
| May 19, 2022 | From committee: Do pass. (Ayes 5. Noes 2. Page 3780.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 2, 2022 | May 2 hearing: Placed on APPR suspense file. |
| Apr 22, 2022 | Set for hearing May 2. |
| Apr 19, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3440.) (April 19). Re-referred to Com. on APPR. |
| Mar 24, 2022 | Set for hearing April 19. |
| Mar 23, 2022 | Re-referred to Com. on PUB. S. |
| Mar 16, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 23, 2022 | Referred to Com. on RLS. |
| Feb 15, 2022 | From printer. |
| Feb 14, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
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Location
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Votes
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|
|---|---|---|---|---|
| May 24, 2022 | Senate 3rd Reading SB1021 Bradford | Senate Floor |
Passed |
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Positions by individuals are not included.
Bill Author
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