BILL NUMBER: SB 1541	CHAPTERED  09/18/04

	CHAPTER  595
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	AMENDED IN ASSEMBLY  AUGUST 18, 2004
	AMENDED IN ASSEMBLY  JUNE 29, 2004
	AMENDED IN SENATE  MAY 24, 2004
	AMENDED IN SENATE  APRIL 26, 2004

INTRODUCED BY   Senator Margett

                        FEBRUARY 19, 2004

   An act to amend Sections 13352 and 23109 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1541, Margett.  Vehicles:  motor vehicle speed contest:
punishment.
   (1) Existing law prohibits a person from engaging in a motor
vehicle speed contest, aiding or abetting in that contest, engaging
in motor vehicle exhibition of speed on a highway or aiding or
abetting in that conduct, and obstructing or placing a barricade or
obstruction or assisting in the same, upon a highway incident to a
motor vehicle speed contest or speed exhibition upon a highway.
   Existing law imposes various sanctions on persons convicted of the
above, including requiring a person convicted of engaging in a motor
vehicle contest to be imprisoned in county jail for not less than 24
hours nor more than 90 days.
   This bill would also require that person to perform 40 hours of
community service, thereby imposing a state-mandated local program by
increasing the level of service imposed on local law enforcement
agencies.
   (2) Existing law allows for the suspension or the imposition of a
restricted driver's license of persons convicted of the above, and
requires the imposition of the sanction upon repeat offenders.
   This bill would additionally require a person convicted of a motor
vehicle contest offense to provide proof of financial responsibility
as a condition to the restoration of the privilege to operate a
motor vehicle.
   (3) This bill would incorporate amendments to Section 13352 of the
Vehicle Code contained in SB 1694 and 1697, with the amendments from
each bill to become operative only if that section is amended by
each bill and if this bill is enacted last.
  (4) 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of any person to operate a motor vehicle upon receipt of an
abstract of the record of any court showing that the person has been
convicted of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, or upon receipt of a report of a judge of the
juvenile court, a juvenile 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 subdivision (a) of
Section 23109.  If any offense specified in this section occurs in a
vehicle defined in Section 15210, the suspension or revocation
specified below shall apply 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) 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 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 described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (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 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 Section 23556.
   (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
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 Section 23542.  For the purposes of this paragraph,
enrollment, participation, 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 suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to 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.
   (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 person's 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 (e) 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 administrative fees 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.
   (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 Section 23562.
For the purposes of this paragraph, enrollment, participation, 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 the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) 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 or, if available in
the county of the person's 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, participation, 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 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 person's 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) 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.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
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 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, or, if available in the county
of the person's 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, participation, 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 the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 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 person's 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.
   (ii) 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 person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (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 Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and 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, or, if available in the county
of the person's 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, participation, 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 the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may 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 may 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 subdivision
(a) of Section 23109, 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 any 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 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 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 person's driving privilege upon receipt
of notification from the program that the person has failed to comply
with the program requirements.  The person's driving privilege shall
remain suspended or revoked for the remaining period of the
originating suspension or revocation and until all reinstatement
requirements described in this section are met.
   (f) For 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.

  SEC. 1.1.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or sub. (a),
23109, or upon the receipt of a report of a judge of the juvenile
court, a juvenile 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 subdivision (a) of Section 23109.  If
any offense specified in this section occurs in a vehicle defined in
Section 15210, the suspension or revocation specified below shall
apply 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) 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 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 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,
participate and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (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 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 Section 23556.
If the court, as authorized under paragraph (3) of subdivision (b) of
Section 23646, elects to order a person to enroll, participate, and
complete either program described in paragraph (4) of subdivision (b)
of Section 23542, the department shall require that program in lieu
of the program described in Section 23556.
   (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
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 Section 23542.  For the purposes of this paragraph,
enrollment, participation, 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 suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to 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.
   (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 person's 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 (e) 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 administrative fees 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.
   (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 Section 23562.
For the purposes of this paragraph, enrollment, participation, 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 the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) 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 or, if available in
the county of the person's 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, participation, 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 18 months of the revocation period,
the person may                                            apply to
the department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 person's 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) 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.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
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 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, or, if available in the county
of the person's 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, participation, 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 the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 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 person's 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.
   (ii) 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 person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (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 Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and 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, or, if available in the county
of the person's 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, participation, 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 the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 or, if available in the county of
the person's 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) 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.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may 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 may 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 subdivision
(a) of Section 23109, 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 any 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 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 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 person's driving privilege upon receipt
of notification from the program that the person has failed to comply
with the program requirements.  The person's driving privilege shall
remain suspended or revoked for the remaining period of the
originating suspension or revocation 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.

  SEC. 1.2.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of any person to operate a motor vehicle upon receipt of an
abstract of the record of any court showing that the person has been
convicted of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, or upon receipt of a report of a judge of the
juvenile court, a juvenile 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 subdivision (a) of
Section 23109.  If any offense specified in this section occurs in a
vehicle defined in Section 15210, the suspension or revocation
specified below shall apply 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) 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 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 described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (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 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 Section 23556.
   (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
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 Section 23542.  For the purposes of this paragraph,
enrollment, participation, 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 suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to 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.
   (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 person's 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 (e) 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 administrative fees 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.
   (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 Section 23562.
For the purposes of this paragraph, enrollment, participation, 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 the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) 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 or, if available in
the county of the person's 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, participation, 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 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E)  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 person's 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) 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.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
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 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, or, if available in the county
of the person's 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, participation, 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 the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 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 person's 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.
   (ii) 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 person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-infuence program licensed pursuant to Section 11836
of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (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.
   (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 Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and 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, or, if available in the county
of the person's 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, participation, 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 the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may 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 may 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 subdivision
(a) of Section 23109, 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 any 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 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 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 person's driving privilege upon receipt
of notification from the program that the person has failed to comply
with the program requirements.  The person's driving privilege shall
remain suspended or revoked for the remaining period of the
originating suspension or revocation and until all reinstatement
requirements described in this section are met.
   (f) For 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) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2006, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 1.3.  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 receipt of an
abstract of the record of any court showing that the person has been
convicted of a violation of Section 23152 or 23153 or subdivision (a)
of Section 23109, or upon 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 subdivision (a) of
Section 23109.  If any offense specified in this section occurs in a
vehicle defined in Section 15210, the suspension or revocation
specified below shall apply 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 13352.4, 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 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 described in subdivision (b) of Section 23538.  For the purposes
of this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation.  Credit may 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 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 Section 23556.
For the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation.  Credit may 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
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 23542.  For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation.  Credit may 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
suspension period, which may include credit for any suspension period
served under subdivision (c) of Section 13353.3, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
   (A) The person has satisfactorily provided, 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.
   (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 person's 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 (e) 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 administrative fees 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.
   (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 subdivision (b)
of Section 23562.  For the purposes of this paragraph, enrollment,
participation, 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
the completion of 18 months of the revocation period, which may
include credit for any suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) 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 may 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, or, if available in the
county of the person's 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, participation, 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 18 months of the revocation period,
which may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 person's 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) 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.
   (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 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) of Section 23568, or, if available in the county of
the person's 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, participation, 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 the completion of 30 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 18 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 person's 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.
   (ii) 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 person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (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 Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and 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, or, if available in the county
of the person's 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, participation, 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 the completion of 24 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may 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 may 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 subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) Each 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 any 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 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 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 person's 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
person's 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 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 driver's 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
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
   (h) This section shall become operative on September 20, 2005.
  SEC. 1.4.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile 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 subdivision
(a) of Section 23109.  If any offense specified in this section
occurs in a vehicle defined in Section 15210, the suspension or
revocation specified below shall apply 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) 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 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 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,
participate and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (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 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)
Section 23556.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556.
   (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
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 Section 23542.  For the purposes of this paragraph,
enrollment, participation, 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 suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to 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.
   (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 person's 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 (e) 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 administrative fees 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.
   (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 Section 23562.
For the purposes of this paragraph, enrollment, participation, 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 the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) 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 or, if available in
the county of the person's 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, participation, 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 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 person's 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) 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.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
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 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, or, if available in the county
of the person's 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, participation, 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 the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 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 person's 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.
   (ii) 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 person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (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 Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and 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, or, if available in the county
of the person's 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, participation, 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 the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 or, if available in the county of
the person's 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) 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.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may 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 may 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 subdivision
(a) of Section 23109, 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 any 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 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 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 person's driving privilege upon receipt
of notification from the program that the person has failed to comply
with the program requirements.  The person's driving privilege shall
remain suspended or revoked for the remaining period of the
originating suspension or revocation 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) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2006, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 1.5.  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 any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, 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
subdivision (a) of Section 23109.  If any offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply 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 13352.4, 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 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 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, participate and complete either
program described in paragraph (4) of 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, participation, and completion
of an approved program shall be subsequent to the date of the
current violation.  Credit may 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 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)
Section 23556.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of 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 subsequent to the date of
the current violation.  Credit may 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
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 23542.  For the purposes of
this paragraph, enrollment, participation, 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
suspension period, which may include credit for any suspension period
served under subdivision (c) of Section 13353.3, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
   (A) The person has satisfactorily provided, 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.
   (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 person's 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 (e) 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 administrative fees 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.
   (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 subdivision (b)
of Section 23562.  For the purposes of this paragraph, enrollment,
participation, 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
the completion of 18 months of the revocation period, which may
include credit for any suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) 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 may 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, or, if available in the
county of the person's 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, participation, 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 18 months of the revocation period,
which may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 person's 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) 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.
   (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 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) of Section 23568 or, if available in the county of
the person's 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, participation, 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 the
completion of 30 months of the revocation period, which may include
credit for any suspension period served under subdivision (c) of
Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 18 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 person's 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.
   (ii) 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 person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any 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 or, if available in the county of
the person's 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) 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.
   (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 Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and 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, or, if available in the county
of the person's 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, participation, 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 the completion of 24 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 person's 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.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) 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 or, if available in the county of
the person's 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) 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.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may 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 may 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 subdivision
(a) of Section 23109, 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 any 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 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 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 person's 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
person's 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 driver's 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
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
   (h) This section shall become operative on September 20, 2005.
  SEC. 2.  Section 23109 of the Vehicle Code is amended to read:
   23109.  (a) A person shall not engage in a motor vehicle speed
contest on a highway.  As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device.  For purposes of this section, an
event in which the time to cover a prescribed route of more than 20
miles is measured, but where the vehicle does not exceed the speed
limits, is not a speed contest.
   (b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
   (c) A person shall not engage in any motor vehicle exhibition of
speed on a highway, and no person shall aid or abet in a motor
vehicle exhibition of speed on any highway.
   (d) A person shall not for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
   (e) A person convicted of a violation of subdivision (a) shall be
punished by imprisonment in a county jail for not less than 24 hours
nor more than 90 days or by a fine of not less than three hundred
fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment.  That person shall
also be required to perform 40 hours of community service.  The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (8) of subdivision (a)
of Section 13352.  The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment.  This subdivision does not interfere with the court's
power to grant probation in a suitable case.
   (f) A person convicted of a violation of subdivision (a) for an
offense that occurred within five years of the date of a prior
offense that resulted in a conviction of a violation of subdivision
(a) shall be punished by imprisonment in a county jail for not less
than four days nor more than six months and by a fine of not less
than five hundred dollars ($500) nor more than one thousand dollars
($1,000).  The court shall order the privilege to operate a motor
vehicle suspended for a period of six months, as provided in
paragraph (9) of subdivision (a) of Section 13352.  In lieu of the
suspension, the person's privilege to operate a motor vehicle may be
restricted for six months to necessary travel to and from that person'
s place of employment and, if driving a motor vehicle is necessary to
perform the duties of the person's employment, restricted to driving
in that person's scope of employment.  This subdivision does not
interfere with the court's power to grant probation in a suitable
case.
   (g) If the court grants probation to any person punishable under
subdivision (f), in addition to the provisions of subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months.  The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (9) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
   (h) If a person is convicted of a violation of subdivision (a) and
the vehicle used in the violation is registered to that person, the
vehicle may be impounded at the registered owner's expense for not
less than one day nor more than 30 days.
   (i) Any person who violates subdivision (b), (c), or (d) of this
section shall upon conviction thereof be punished by imprisonment in
a county jail for not more than 90 days or by a fine of not more than
five hundred dollars ($500) or by both that fine and imprisonment.
   (j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department.  The Department of Motor Vehicles shall place
that restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on any license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
   (k) The court may order that any person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
   (l) This section shall be known and may be cited as the Louis
Friend Memorial Act.
  SEC. 3.  (a) Section 1.1 of this bill incorporates amendments to
Section 13352 of the Vehicle Code proposed by both this bill and SB
1694.  Section 1.1 shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2005, (2) each
bill amends Section 13352 of the Vehicle Code, (3) SB 1697 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after SB 1694, in which case Sections 1, 1.2, 1.3, 1.4,
and 1.5 of this bill shall not become operative.
   (b) Sections 1.2 and 1.3 of this bill incorporate amendments to
Section 13352 of the Vehicle Code proposed by both this bill and SB
1697.  Sections 1.2 and 1.3 shall only become operative if (1) both
bills are enacted and become operative on or before January 1, 2005,
(2) each bill amends Section 13352 of the Vehicle Code, (3) SB 1694
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after SB 1697, in which case Sections 1, 1.1,
1.4, and 1.5 of this bill shall not become operative.
   (c) Sections 1.4 and 1.5 of this bill incorporate amendments to
Section 13352 of the Vehicle Code proposed by this bill, SB 1694, and
SB 1697.  Sections 1.4 and 1.5 shall only become operative if (1)
all three bills are enacted and become effective January 1, 2005, (2)
all three bills amend Section 13352 of the Vehicle Code, and (3)
this bill is enacted after SB 1694 and SB 1697, in which case
Sections 1, 1.1, 1.2, and 1.3 shall not become operative.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.