BILL ANALYSIS
AB 2784
Page 1
ASSEMBLY THIRD READING
AB 2784 (Feuer)
As Amended May 23, 2008
Majority vote
PUBLIC SAFETY 6-1 APPROPRIATIONS 17-0
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|Ayes:|Solorio, Aghazarian, De |Ayes:|Leno, Walters, Caballero, |
| |La Torre, Ma, Portantino, | |Davis, DeSaulnier, |
| |Price | |Emmerson, Eng, Huffman, |
| | | |Berg, Krekorian, La |
| | | |Malfa, Lieu, Ma, |
| | | |Nakanishi, Nava, |
| | | |Sharon Runner, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson | | |
| | | | |
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SUMMARY : Provides that the Department of Motor Vehicles (DMV)
shall advise a person convicted of a second or third offense of
driving under the influence with a blood alcohol content of .08%
or more that he or she may receive a restricted license, as
specified, if he or she shows verification of installation of a
certified ignition interlock device (IID) and pays a fee, as
specified.
1)States for a second offense driving under the influence, the
DMV shall notify the person that he or she may apply for a
restricted license, as specified, after 90 days of suspension
if he or she meets the requirements of existing law and
submits proof of a certified IID. For a third offense, a
person may receive a restricted license after six months of
suspension if he or she meets the requirements of existing law
and submits proof of a certified IID.
2)Provides that before reinstatement of the driver's license of
a first-offender DUI with a BAC of .20% or above or a refusal
to submit to a chemical test, as specified, the person must
also show verification of installation of an ignition
interlock device and agree to maintain the interlock device.
3)States if the driver convicted of driving under the influence
AB 2784
Page 2
installs and maintains an IID and otherwise complies with
existing law, the only restriction on his or her license shall
be the requirement to only drive a vehicle with an installed
IID.
4)Makes various cross-referencing amendments.
5)States this section shall become operative on July 1, 2009.
EXISTING LAW :
1)Authorizes the court to require that a person convicted of a
first offense violation of DUI and DUI causing bodily injury
to install a certified IID on any vehicle that the person owns
or operates and prohibits that person from operating a motor
vehicle unless that vehicle is equipped with a functioning,
certified IID. The court shall give heightened consideration
to applying this sanction to a first-offense violator with
0.20% or more, by weight, of alcohol in his or her blood at
arrest, or with two or more prior moving traffic violations,
or to persons who refused the chemical tests at arrest. If
the court orders the IID restriction, the term shall be
determined by the court for a period not to exceed three years
from the date of conviction. The court shall notify DMV, as
specified, of the terms of the restrictions in accordance with
existing law. The DMV shall place the restriction in the
person's records in the DMV.
2)Requires the court where a person convicted of a violation of
driving on a suspended license where the suspension is the
result of DUI to install an IID on any vehicle that the person
owns or operates and prohibits the person from operating a
motor vehicle unless the vehicle is equipped with a
functioning, certified IID. The term of the restriction shall
be determined by the court for a period not to exceed three
years from the date of conviction.
3)States the court shall advise the person that installation of
an IID on a vehicle does not allow the person to drive without
a valid driver's license.
4)States a person whose driving privilege is restricted by the
court pursuant to this section shall arrange for each vehicle
with an IID to be serviced by the installer at least once
AB 2784
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every 60 days in order for the installer to recalibrate and
monitor the operation of the device. The installer shall
notify the court 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
IID. There is no obligation for the installer to notify the
court if the person has complied with all of the requirements
of this article.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, one-time programming costs of about $150,000
to DMV, and ongoing staff costs of about $150,000 to DMV.
COMMENTS : According to the author, "California is experiencing
a disturbing trend of increasing incidents of driving under the
influence (DUI). Unfortunately, this trend has been accompanied
by associated increases in both fatalities and injuries from
alcohol related collisions. In 2006, there were 197,248 DUI
arrests made statewide. In that same year, there were 1,597
victims killed and 31,099 injured in alcohol related collisions
statewide. By September of 2007, 153,374 of those DUI offenders
received driver's license suspensions, and, of that number,
42,849 were repeat DUI offenders.
"Interlock ignition devices (IIDs) have uniformly demonstrated,
when utilized effectively, that they can reduce DUI recidivism
from 40 to 95 percent. IIDs have already been implemented with
positive results in New Mexico, Texas, Washington and many
others states. California has not seen results from IIDs
because they have not been consistently ordered to be installed.
Unless installed, IIDs cannot work. This bill would require
the use of IIDs by a person convicted of a DUI offense."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0005174