BILL NUMBER: AB 2784	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2008

INTRODUCED BY   Assembly  Members   Feuer,
    Carter,  
  and Galgiani   Member  
Feuer 
    (   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,   An act to amend Sections 13352 and 13352.4 of
the Vehicle Code,  relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2784, as amended, 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 and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood, or who 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 a certified ignition interlock device on the person's vehicle.
 
   Existing law requires that a person, convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of a separate violation of one of specified driving
under the influence offenses, be punished by his or her driving
privilege's being suspended for 2 years. The Department of Motor
Vehicles is required to advise the person that he or she may apply
for a restricted driver's license after completion of 12 months of
the suspension period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, submitting proof of installation of a certified
ignition interlock device, agreeing to maintain the ignition
interlock device, and paying certain fees, including, but not limited
to, all administrative fees or reissue fees .  
   This bill would require the department to advise the person that
he or she may apply for a restricted driver's license after
completion of 90 days or 12 months of the suspension period,
depending upon the circumstances of the conviction. The bill would
require instead of paying all administrative fees or reissue fees,
that the person pay all reissue fees and that the person pay
administrative fees sufficient to cover the costs of administration,
as determined by the department.  
   (2) Existing law requires that a person, convicted of driving
under the influence, without bodily injury to another, within 10
years of being convicted of 2 separate violations of specified
driving under the influence offenses, be punished by his or her
driving privilege's being revoked for 3 years. The department is
required to advise the person that he or she may apply for a
restricted driver's license after completion of 12 months of the
revocation period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including among
other things, satisfactory completion of 12 months of an 18-month or
30-month driving-under-the-influence program, submitting proof of
installation of a certified ignition interlock device, agreeing to
maintain the ignition interlock device, and paying certain fees.
 
   This bill would instead require the department to advise the
person of his or her ability to apply for a restricted driver's
license after completion of 6 months or 12 months of the revocation
period, depending on the circumstances of the conviction, and subject
to certain conditions, including that if the person is convicted of
a specified offense that person subsequently satisfactorily completes
6 months or 12 months of an 18-month or 30-month
driving-under-the-influence program, as prescribed. The bill would
require the person to pay a fee sufficient to cover the costs of
administration, as determined by the department.  
   (3) Existing law requires the department, except under certain
circumstances, to issue a restricted driver's license to a person
whose driver's license was suspended as a result of a conviction
under certain driving under the influence violations where, among
other things, the conviction resulted from a first offense. The
person is required to fulfill certain requirements to obtain the
restricted driver's license, including paying certain fees, and the
person's driving privilege is restricted to driving to and from work,
driving during the course of employment, and driving to and from
activities required in the driving-under-the-influence program. 

   This bill would prohibit the restriction on the person's driving
privilege, with regard to where and when the person is allowed to
drive, from applying if the person submits proof of installation of a
certified ignition interlock device and agrees to maintain the
ignition interlock device. The bill would require that in order to
obtain a restricted license, the person pay a fee sufficient to cover
the costs of administration, as determined by the department. The
driver's license record would be required to indicate the person is
only allowed to drive with a certified ignition interlock device
installed.  
   (4) Because it is a crime to operate a vehicle that is not
equipped with a functioning, certified ignition 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 an
existing crime.  
   (5) This bill would become operative on July 1, 2009.  
   (6) 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.  
   (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 13352 of the   Vehicle
Code   is amended to read: 
   13352.  (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153, subdivision
(a) of Section 23109, or Section 23109.1, or upon the receipt of a
report of a judge of the juvenile court, a juvenile traffic hearing
officer, or a referee of a juvenile court showing that the person has
been found to have committed a violation of Section 23152 or 23153
or subdivision (a) of Section 23109 or Section 23109.1. If an offense
specified in this section occurs in a vehicle defined in Section
15210, the suspension or revocation specified 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 13352.1 or  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 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)
of 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 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   a  person 
convicted or found to be in violation of subdivision (a) of Section
23152  that after completion of 12 months of the suspension
period, which may include credit for a 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:   license. The department shall
advise a person convicted or found to be in violation of subdivision
(b) of Section 23152 that after completion of 90 days of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license. Eligibility for
the restricted driver's license is 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 (g) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all  administrative fees or 
reissue fees and any restriction fee required by the department. 

   (G) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.  
   (G) 
    (H)  The restriction shall remain in effect for the
period required in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph (4) of
subdivision (b) of Section 23562. 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 12 months of the revocation
period, which may include credit for a 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 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the 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 (g) 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   a  person  convicted or found to be in
violation of subdivision (a) of Section 23152  that after
completion of 12 months of the revocation period, which may include
credit for a suspension period served under subdivision (c) of
Section 13353.3, the person may apply to the department for a
restricted driver's  license, subject to the following
conditions:   license. The department shall advise a
person convicted or found to be in violation of subdivision (b) of
Section 23152 that after completion of six months of the revocation
period, which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license. Eligibility for the
  restricted driver's license is subject to the following
conditions: 
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction,  either
  one  of the following:
   (i)  The   With regard to a conviction under
subdivision (a) of Section 23152, the  initial 12 months of an
18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code.
   (ii)  The   With regard to a conviction under
subdivision (a) of Section 23152, the  initial 12 months of a
30-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, if available in the
county of the 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.

   (iii) With regard to a conviction under subdivision (b) of Section
23152, the initial six months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  
   (iv) With regard to a conviction under subdivision (b) of Section
23152, the initial six 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 (g) 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 person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.  
   (G) 
    (H)  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 12 months of the revocation period,
which may include credit for a 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 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the 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) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) 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 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 12 months of the revocation period,
which may include credit for a 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 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the 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 (g) 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 or Section 23109.1 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 or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
   (c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the 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).
   SEC. 2.    Section 13352.4 of the   Vehicle
Code   is amended to read: 
   13352.4.  (a) Except as provided in subdivision (h), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, if the person
meets all of the following requirements:
   (1) Submits proof satisfactory to the department of enrollment in,
or completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538.
   (2) Submits proof of financial responsibility, as defined in
Section 16430.
   (3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department. 
   (4) Pays to the department a fee sufficient to cover the costs of
administration of this section, as determined by the department.

   (b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, or until the
date all reinstatement requirements described in Section 13352 or
 Section  13352.1 have been met, whichever date is
later, and may include credit for any suspension period served under
subdivision (c) of Section 13353.3.
   (c)  (1)    The restriction of the driving
privilege shall be limited to the hours necessary for driving to and
from the person's place of employment, driving during the course of
employment, and driving to and from activities required in the
driving-under-the-influence program. 
   (2) The restriction described in paragraph (1) shall not apply if
the person fulfills both the following requirements:  
   (A) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386. 

   (B) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.  
   (3) If the person fulfills the requirements of paragraph (2), the
person's driver's license record shall indicate the restriction that
the person may only drive a vehicle with a certified ignition
interlock device installed. 
   (d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
   (e) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
   (f) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
or Section 13352.1 immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to
comply with the program requirements. The privilege shall remain
suspended until the final day of the original suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, or until the date all
            reinstatement requirements described in Section 13352 or
 Section  13352.1 have been met, whichever date is
later.
   (g) The holder of a commercial 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 paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1 is not eligible
for the restricted driver's license authorized under this section.
   (h) If, upon conviction, the court has made the determination, as
authorized under subdivision (d) of Section 23536 or paragraph (3) of
subdivision (a) of Section 23538, to disallow the issuance of a
restricted driver's license, the department may not issue a
restricted driver's license under this section.
   SEC. 3.    This act shall become operative on July 1,
2009. 
   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.  
  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.