BILL NUMBER: AB 2784 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Feuer, Carter, and Galgiani
(Principal coauthors: Assembly Members Spitzer and Wolk)
(Coauthors: Assembly Members Benoit, Blakeslee, DeSaulnier, and
Portantino)
(Coauthor: Senator Cox)
FEBRUARY 22, 2008
An act to add Sections 23575.1 and 23575.2 to the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2784, as introduced, Feuer. Vehicles: DUI: ignition interlock.
(1) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage or drug, or with 0.08% or more, by weight, of alcohol in his
or her blood or is addicted to the use of any drug. Existing law
authorizes a person whose privilege is suspended or revoked in that
manner to receive a restricted driver's license if specified
requirements are met, including, in some instances, the installation
of an ignition interlock device on the person's vehicle.
Existing law requires the Department of Motor Vehicles to
immediately administratively suspend the privilege of a person to
operate a motor vehicle if the person was driving a motor vehicle
when he or she had 0.08% or more, by weight, of alcohol in his or her
blood. Existing law specifies the period of that suspension
depending on specified circumstances, including prior convictions of
related offenses within a specified time period. Existing law
authorizes a person whose privilege was suspended in that manner to
receive a restricted driver's license if specified requirements are
met.
This bill would additionally require that, as a condition of being
issued a restricted driver's license, being reissued a driver's
license, or having the privilege to operate a motor vehicle
reinstated subsequent to a conviction for a violation of the above
offenses, a person install for a specified period of time an ignition
interlock device on all vehicles he or she owns or operates. The
amount of time the interlock device would be required to be installed
would be based upon the number of convictions as prescribed. These
provisions would become operative on July 1, 2009.
The bill would also set up a statutory scheme under which the
Department of Motor Vehicles would, with regard to the installation
of an ignition interlock device described above, notify the person of
the interlock device installation requirements established under the
bill, accept notification from the installer of the interlock device
of attempts to remove, bypass, or tamper with the device or if the
person fails 3 or more times to comply with the maintenance
requirements, monitor the installation and maintenance of the
ignition interlock device, and keep specified records.
These requirements would be in addition to existing law.
(2) Because it is a crime to operate a vehicle that is not
equipped with a functioning, certified interlock device by a person
whose driving privilege is so restricted, the bill would impose a
state-mandated local program, by expanding the scope of that crime.
(3) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23575.1 is added to the Vehicle Code, to read:
23575.1. (a) The Department of Motor Vehicles, upon receipt of
the court's abstract of conviction for a violation listed in Section
23575.2, shall inform the convicted person of the requirements of
this section and the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed by
this code.
(b) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(c) A person who is notified by the department pursuant to
subdivision (a) shall, within 30 days of notification, complete the
following:
(1) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(2) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(d) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(e) (1) A person who is notified by the department pursuant to
subdivision (a) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
(2) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(f) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to subdivision
(a).
(g) This section does not permit a person to drive without a valid
driver's license.
(h) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an interlock
device pursuant to this section, the person shall, in addition to any
other fees required by this code, pay to the department a fee
sufficient to cover the costs of administration of this section as
determined by the department.
(i) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(j) The requirements of this section and Section 23575.2 are in
addition to any other requirements of law.
SEC. 2. Section 23575.2 is added to the Vehicle Code, to read:
23575.2. (a) In addition to all other requirements of this code,
a person is required to install an ignition interlock device,
pursuant to Section 23575.1, for the term specified in this section
as a condition of being issued a restricted driver's license, being
reissued a driver's license, or having the privilege to operate a
motor vehicle reinstated subsequent to a conviction for a violation
of a section listed herein or a suspension of a person's driver's
license pursuant to a section herein.
(1) A person convicted of Section 23152 or whose driving
privileges are suspended pursuant to Section 13353.2 shall be
required to install an ignition interlock device, pursuant to Section
23757.1, as follows:
(A) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months that begins once that person has
provided proof of installation.
(B) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person has
provided proof of installation.
(C) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person has
provided proof of installation.
(D) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months that begins
once that person has provided proof of installation.
(2) A person convicted of Section 23153 shall install an ignition
interlock device, pursuant to Section 23575.1, as follows:
(A) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person has
provided proof of installation.
(B) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person has
provided proof of installation.
(C) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months that begins once that person has
provided proof of installation.
(D) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months that begins
once that person has provided proof of installation.
(b) If a person fails to comply with all of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed will be
reset.
(c) This section shall become operative on July 1, 2009.
SEC. 3. 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.