AB 2276: Vehicles: active intelligent speed assistance devices.

Existing law requires, until January 1, 2033, a person who has been convicted on or after January 1, 2019, of driving a motor vehicle at any time when that persons driving privilege is suspended or revoked as a result of a conviction for driving while under the influence of an alcoholic beverage, beverage or any drug, as specified, to install for a period of time, as ordered by the court, an ignition interlock device (IID) on the vehicle they operate. Installation of an IID is discretionary for a first offender, as specified. Existing law also requires persons convicted of driving under the influence of a drug to install an IID. Existing law specifies periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an IID, as specified. Existing law specifies periods for which a person convicted of one or more prior violations of specified crimes is required to install an IID. A violation of the Vehicle Code is a crime punishable as an infraction, unless otherwise specified.

This bill would require the Department of Motor Vehicles to establish, until January 1, 2034, 2033, a pilot program in the Counties of Los Angeles, San Diego, Fresno, Santa Clara, Shasta, Kern, and San Bernardino that would impose a similar requirement for persons convicted of specified driving offenses relating to excessive speed, reckless driving, and exhibitions of speed to install for a period of time, as ordered by the court, a certified active intelligent speed assistance device (ISA) on any vehicle the person operates, as specified. The bill would similarly make the installation of an ISA discretionary for a first offender, as specified. The bill would make tampering with the ISA device, as specified, operating a motor vehicle without the device, or not equipped with a device, or willfully failing to return the device to the vendor upon completion punishable as a misdemeanor. The bill would also extend the required term the ISA needs to be installed by 120 days for a violation of these provisions.

The bill would impose a fee schedule to be adopted by certified ISA manufacturers and their agents for the ISA and other related costs. The bill would impose specified notice requirements on ISA providers related to the fee schedule and instructions for applying for reduced device costs. The bill would make confidential all documents, records, information, or data maintained by an ISA provider related an offender, as specified. The bill would also require ISA providers to securely maintain all collected data and impose certain data sharing requirements. The bill would make related findings and declarations.

By creating new crimes related to the ISA program, this bill would impose a state-mandated local program.

The bill would require, by July 1, 2031, the department to report data to the Transportation Agency regarding the implementation and efficacy of the pilot program, as specified, and require the Transportation Agency to report to the Legislature on the outcomes of the pilot program by July 1, 2032.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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.