BILL NUMBER: SB 177 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2007
INTRODUCED BY Senator Migden
(Principal coauthor: Assembly Member Spitzer)
( Coauthors: Senators
Maldonado and Scott )
( Coauthor: Assembly Member
Lieu Coauthors: Assembly Members
Adams, Benoit, Blakeslee,
Cook, DeSaulnier, DeVore, Duvall,
Emmerson, Gaines, Galgiani,
Horton, Jeffries, La Malfa,
Lieu, Maze, Nakanishi, Parra,
Plescia, Sharon Runner, Strickland,
and Villines )
FEBRUARY 5, 2007
An act to amend Sections 13352, 14602.6, and 23575 of
13350, 13352, 13352.4, 13352.5, 13353.3, 13353.5,
13353.7, 23247, 23502, 23536, 23538, 23546, 23548, 23550.5, 23575,
and 23576 of, to amend, renumber, and add Section 13352.6 of, to add
Sections 13352.7, 13352.8, 13352.81, 13352.82, 13352.85, 13353.71,
13353.72, 13353.73, and 23575.5 to, and to repeal Section 13352.1 of,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 177, as amended, Migden. Driver's license: 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 who is addicted to the use of any drug. The time for
which the privilege is suspended depends on specified circumstances,
including prior convictions of driving under the influence offenses
within a specified time period. 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.
This bill would revise and recast those suspension, revocation,
and restriction provisions, including, but not limited to, by
increasing the periods of suspensions or revocations and imposing
ignition interlock device requirements on a person whose license is
suspended or revoked or applies for and receives a restricted driver'
s license.
(2) 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.
The bill would revise and recast those provisions, including by
authorizing restricted licenses in additional circumstances and
imposing additional requirements with respect to ignition interlock
devices on those restricted licenses.
(3) The bill would establish the Ignition Interlock Device
Assistance Fund in the State Treasury. The money in the fund would be
available, upon appropriation, to fund the installation of ignition
interlock devices. The bill would require a person who is convicted
of specified driving under the influence offenses to pay a fee of
$100 to be deposited in the fund.
The bill would require the Director of Motor Vehicles to establish
standards and criteria for implementing and maintaining an ignition
interlock device assistance program.
(4) The bill would make numerous technical and conforming changes.
(5) 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.
(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 authorizes a court to require a person convicted
of a first offense violation of specified provisions prohibiting
driving a motor vehicle while under the influence of alcohol or any
drug or a combination of alcohol and any drug (DUI) to install a
certified ignition interlock device on any vehicle that the person
owns or operates and to prohibit that person from operating a motor
vehicle unless it is so equipped.
This bill would require the court to require that a person
convicted of a DUI offense to install a certified ignition interlock
device on each vehicle that the person owns or operates and to
prohibit that person from operating a motor vehicle unless that
vehicle is so equipped. 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, this bill would
impose a state-mandated local program by expanding the scope of that
crime.
(2) Existing law allows a peace officer in conjunction with an
immediate arrest to cause the removal and seizure of a motor vehicle
when a person is driving a motor vehicle while his or her driving
privilege is suspended or revoked, when driving a vehicle while his
or her driving privilege is restricted to the operation of a motor
vehicle that is equipped with a functioning ignition interlock device
and the vehicle is not so equipped, and when driving without ever
having been issued a driver's license.
This bill would specify that for the purposes of the removal and
seizure of a motor vehicle, an immediate arrest includes the issuance
of a notice to appear.
(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 13350 of the Vehicle
Code is amended to read:
13350. (a) The department immediately shall revoke the privilege
of any a person to drive a motor
vehicle upon receipt of a duly certified abstract of the record of
any a court showing that the person has
been convicted of any of the following crimes or offenses:
(1) Failure of the driver of a vehicle involved in an accident
resulting in injury or death to any a
person to stop or otherwise comply with Section 20001.
(2) Any A felony in the commission
of which a motor vehicle is used, except as provided in Section
13351, 13352, or 13357.
(3) Reckless driving causing bodily injury.
(b) If a person is convicted of a violation of Section 23152
punishable under Section 23546, 23550, or 23550.5, or a violation of
Section 23153 punishable under Section 23550.5 or 23566, including a
violation of paragraph (3) of subdivision
(c) (b) of Section 192
191.5 of the Penal Code as provided in Section 193.7 of that
code, the court shall, at the time of surrender of the driver's
license or temporary permit, require the defendant to sign an
affidavit in a form provided by the department acknowledging his or
her understanding of the revocation or suspension required
by paragraph (5), (6), or (7) of subdivision (a) of Section 13352,
and an acknowledgment of his or her designation as a habitual traffic
offender. A copy of this affidavit shall be transmitted, with the
license or temporary permit, to the department within the prescribed
10 days.
(c) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of one year after the date of
revocation and until the person whose privilege was revoked gives
proof of financial responsibility as defined in Section 16430.
SEC. 2. 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 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 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 one year
.
The privilege may shall 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 shall not
be given to any for program activities
completed prior to the date of the current violation.
(2) Upon Except as required under Section
13352.8, 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 two years
. The privilege may shall 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 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 shall not be given
to any for 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
three years. The privilege may
shall 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
for 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 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 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
required under Section 13352.81 , upon a conviction or finding
of a violation of Section 23153 punishable under Section 23560, the
privilege shall be revoked suspended
for a period of three four years. The
privilege may shall 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 for 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 (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
required under Section 13352.6 , upon a conviction or finding
of a violation of Section 23152 punishable under Section 23546, the
privilege shall be revoked suspended
for a period of three five years. The
privilege may 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, 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 for
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 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 (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
required under Section 13352.82 , upon a conviction or finding
of a violation of Section 23153 punishable under Section 23550.5 or
23566, the privilege shall be revoked
suspended for a period of five seven
years. The privilege may shall
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
for 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 (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 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
required under Section 13352.7 , 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 life . The privilege may
shall not be reinstated pursuant to Section
13352.7 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 for 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 (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
shall 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
shall 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 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)
(e) 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)
(f) 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) by Section 13352.5, 13352.6, 13352.7,
13352.81, or 13352.82 .
SEC. 3. Section 13352.1 of the Vehicle
Code is repealed.
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except required under Section 13352.4, upon a conviction or finding
of a violation of Section 23152 punishable under Section 23536, if
the court refers the person to a program pursuant to paragraph (2) of
subdivision (b) of Section 23538, the privilege shall be suspended
for ten months.
(b) 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.
SEC. 4. Section 13352.4 of the Vehicle
Code is amended to read:
13352.4. (a) Except as provided in subdivision (h)
(f) , 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 the "Verification of Installation" of an ignition
interlock device form described in Section 13386 for his or her
vehicle.
(2)
(3) Submits proof of financial responsibility, as
defined in Section 16430.
(3)
(4) Pays all applicable reinstatement or reissue fees
and any restriction fee required 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 a suspension period served under
subdivision (c) of Section 13353.3 or a restriction period
served under Section 13353.7 .
(c) 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.
(d)
(c) 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)
(d) 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
shall not be given to a program activity
completed prior to the date of the current violation.
(f)
(e) (1) 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
of either of the following:
(A) The person has failed to
comply with the driving-under-the-influence program
requirements. The
(B) The person attempted to remove,
bypass, or tamper with, or failed to maintain the ignition interlock
device, or operates a motor vehicle without a properly installed
ignition interlock device, while the restriction of the driving
privilege is in effect as described in subdivision (b).
(2) 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)
(f) 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 shall not issue a restricted driver's
license under this section.
(g) For purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 5. Section 13352.5 of the Vehicle
Code is amended to read:
13352.5. (a) The Except as provided in
subdivision (f), the department shall issue a restricted driver'
s license to a person whose driver's license was suspended under
paragraph (3) of subdivision (a) of Section 13352, if all of the
following requirements have been met:
(1) 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 23542 has been received in the
department's headquarters.
(2) The person submits the "Verification of Installation" of an
ignition interlock device form described in Section 13386 for his or
her vehicle.
(2)
(3) The person submits proof of financial
responsibility, as described in Section 16430.
(3)
(4) The person completes not less than 12 months of the
suspension period imposed under paragraph (3) of subdivision (a) of
Section 13352. The 12 months may include credit for any
a suspension period served under subdivision (c)
of Section 13353.3.
(4)
(5) The person pays all applicable reinstatement or
reissue fees and any restriction fee required 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 (3) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later , and may include credit for a suspension period
served under subdivision (c) of Section 13353.3 or a restriction
period served under Section 13353.71 .
(c) 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.
(d)
(c) 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)
(d) For the purposes of this section, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. No credit
may Credit shall not be given to any
for program activities completed prior to the
date of the current violation.
(f)
(e) (1) The department shall terminate the restriction
imposed pursuant to issued under this
section and shall suspend the privilege to drive under
operate a motor vehicle pursuant to paragraph
(3) of subdivision (a) of Section 13352 immediately upon
receipt of notification from the driving-under-the-influence
program that the of either of the following:
(A) The person has failed to
comply with the driving-under-the-influence program
requirements.
(B) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device,
while the restriction of the driving privilege is in effect as
described in subdivision (b).
(g)
(f) If, upon conviction, the court has made the
determination, as authorized under subdivision (b) of Section 23540
or subdivision (d) of Section 23542, to disallow the issuance of a
restricted driver's license, the department may
shall not issue a restricted driver's license under this
section.
(h) Any person restricted pursuant to this section may apply to
the department for a restricted driver's license, subject to the
conditions specified in paragraph (3) of subdivision (a) of Section
13352. Whenever proof of financial responsibility has already been
provided and a restriction fee has been paid in compliance with
restrictions described in this section, and the offender subsequently
receives an ignition interlock device restriction described in
paragraph (3) of subdivision (a) of Section 13352, the proof of
financial responsibility period shall not be extended beyond the
previously established term and no additional restriction fee shall
be required.
(i) This section applies to a person who meets all of the
following conditions:
(1) Has been convicted of a violation of Section 23152 that
occurred on or before July 1, 1999, and is punishable under Section
23540, or former Section 23165.
(2) Was granted probation for the conviction subject to conditions
imposed under subdivision (b) of Section 23542, or under subdivision
(b) of former Section 23166.
(3) Is no longer subject to the probation described in paragraph
(2).
(4) Has not completed the licensed driving-under-the-influence
program under paragraph (3) of subdivision (a) of Section 13352 for
reinstatement of the driving privilege.
(5) Has no violations in his or her driving record that would
preclude issuance of a restricted driver's license.
(j) This section shall become operative on September 20, 2005.
(g) For purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 6. Section 13352.6 of the Vehicle
Code is amended and renumbered to read:
13352.6. 13352.9. (a) The
department shall immediately suspend the driving privilege of
any a person who is 18 years of age or
older and is convicted of a violation of Section 23140, upon the
receipt of a duly certified abstract of the record of any
a court showing that conviction. The privilege
may shall not be reinstated until the
person provides the department with proof of financial responsibility
and until proof satisfactory to the department ,
of successful completion of a driving-under-the-influence program
licensed under Section 11836 of the Health and Safety Code has been
received in the department's headquarters. That attendance shall be
as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) (a) of
Section 192 192.5 of, the Penal Code,
the person shall complete, at a minimum, the education component of
that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
(b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation. Credit for enrollment, participation, or
completion may shall not be given for
any program activities completed prior to the date
of the current violation.
SEC. 7. Section 13352.6 is added to the
Vehicle Code , to read:
13352.6. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (5) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) 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) or (c) of Section 23548, has been received in the
department's headquarters.
(2) The person submits the "Verification of Installation" of an
ignition interlock device form described in Section 13386 for his or
her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 18 months of the suspension
period imposed under paragraph (5) of subdivision (a) of Section
13352. The 18 months may include credit for a suspension period
served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees
and any restriction fee required 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 (5) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in paragraph (5) of subdivision (a) of
Section 13352 have been met, whichever date is later, and may include
credit for a suspension period served under subdivision (c) of
Section 13353.3 or a restriction period served under Section
13353.72.
(c) 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.
(d) 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 shall not be given for program
activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (5) of subdivision (a) of Section 13352
immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device,
while the restriction of the driving privilege is in effect as
described in subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver's license because,
considering the circumstances taken as a whole, the court determines
that the person would present a traffic or public safety risk if
authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver's license under this section.
(g) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 8. Section 13352.7 is added to the
Vehicle Code , to read:
13352.7. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver's license to a person
whose driver's license was revoked under paragraph (7) of subdivision
(a) of Section 13352, if all of the following requirements have been
met:
(1) 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) or (c) of Section 23548, has been received in the
department's headquarters.
(2) The person submits the "Verification of Installation" of an
ignition interlock device form described in Section 13386 for his or
her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 24 months of the revocation
period imposed under paragraph (7) of subdivision (a) of Section
13352. The 24 months may include credit for a suspension period
served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees
and any restriction fee required 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 may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
(c) 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.
(d) 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 shall not be given for program
activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under
this section and shall revoke the privilege to operate a motor
vehicle pursuant to paragraph (7) of subdivision (a) of Section 13352
immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device,
while the restriction is in effect.
(f) (1) After completing seven years of restriction under this
section, the person may submit a request to the department for an
administrative review for the purpose of reinstating his or her
driving privilege free of the restriction.
(2) The department shall reinstate the person's driving privilege
if the department finds that the person has not been convicted of a
driving-related offense during the previous seven years.
(g) Notwithstanding paragraph (7) of subdivision (a) of Section
13352, the department may reinstate a person's privilege to operate a
motor vehicle pursuant to subdivision (f).
(h) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver's license because,
considering the circumstances taken as a whole, the court determines
that the person would present a traffic or public safety risk if
authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver's license under this section.
(i) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 9. Section 13352.8 is added to the
Vehicle Code , to read:
13352.8. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (2) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) 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 or paragraph (3) of subdivision
(b) of Section 23646 has been received in the department's
headquarters.
(2) The person submits the "Verification of Installation" of an
ignition interlock device form described in Section 13386 for his or
her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 12 months of the suspension
period imposed under paragraph (2) of subdivision (a) of Section
13352. The 12 months may include credit for a suspension period
served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees
and any restriction fee required 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 (2) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later, and may include credit for a suspension period served
under subdivision (c) of Section 13353.3 or a restriction period
served under Section 13353.7.
(c) 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.
(d) 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 shall not be given for program
activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (2) of subdivision (a) of Section 13352
immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device,
while the restriction of the driving privilege is in effect as
described in subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver's license because,
considering the circumstances taken as a whole, the court determines
that the person would present a traffic or public safety risk if
authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver's license under this section.
(g) For the purposes of this section, "vehicle" does not include
a motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 10. Section 13352.81 is added to the
Vehicle Code , to read:
13352.81. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (4) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) 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 23562 has been received in the department's headquarters.
(2) The person submits the "Verification of Installation" of an
ignition interlock device form described in Section 13386 for his or
her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 18 months of the suspension
period imposed under paragraph (4) of subdivision (a) of Section
13352. The 18 months may include credit for a suspension period
served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees
and any restriction fee required 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 (4) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later, and may include credit for a suspension period served
under subdivision (c) of Section 13353.3 or a restricted period
served under Section 13353.71.
(c) 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.
(d) 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 shall not be given for program
activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (4) of subdivision (a) of Section 13352
immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device,
while the restriction of the driving privilege is in effect as
described in subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver's license because,
considering the circumstances taken as a whole, the court determines
that the person would present a traffic or public safety risk if
authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver's license under this section.
(g) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 11. Section 13352.82 is added to the
Vehicle Code , to read:
13352.82. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (6) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) 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 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, has been received in the department's
headquarters.
(2) The person submits the "Verification of Installation" of an
ignition interlock device form described in Section 13386 for his or
her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 24 months of the suspension
period imposed under paragraph (6) of subdivision (a) of Section
13352. The 24 months may include credit for a suspension period
served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees
and any restriction fee required 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 (6) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later, and may include credit for a suspension period served
under subdivision (c) of Section 13353.3 or a restriction period
served under Section 13353.72.
(c) 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.
(d) 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 shall not be given for program
activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (6) of subdivision (a) of Section 13352
immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device,
while the restriction of the driving privilege is in effect as
described in subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver's license because,
considering the circumstances taken as a whole, the court determines
that the person would present a traffic or public safety risk if
authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver's license under this section.
(g) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 12. Section 13352.85 is added to the
Vehicle Code , to read:
13352.85. (a) A person whose driving privilege is suspended or
revoked pursuant to subdivision (a) of Section 13352 shall install an
ignition interlock device on all vehicles that the person owns or
operates, and is prohibited from operating a motor vehicle unless the
vehicle is equipped with a functioning, certified ignition interlock
device and the person is otherwise authorized to operate a motor
vehicle with that device.
(b) Nothing in this section authorizes a person to operate a
vehicle without a valid driver's license.
(c) If a person has a medical condition that does not permit the
person to breathe with sufficient strength to activate the device,
the person shall only have the suspension or revocation option
pursuant to Section 13352, and is not eligible for a restricted
driver's license.
(d) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
driver's license in California shall be prohibited from operating a
motor vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on a vehicle owned by the defendant
that is not driven in California.
(e) For purposes of this section "owned" means solely owned or
owned in conjunction with another person or legal entity. For
purposes of this section "operates" includes operating a vehicle that
is not owned by the person subject to this section.
(f) For purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 13. Section 13353.3 of the Vehicle
Code is amended to read:
13353.3. (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
(1) Except as provided in Section 13353.6, if
If the person has not been convicted of a separate
violation of Section 23103, as specified in Section 23103.5, of
Section 23140, 23152, or 23153, of Section 191.5 of the Penal Code,
or of paragraph (3) of subdivision (c)
(a) of Section 192 192.5
of that code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
(2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, Section
23140, 23152, or 23153, Section 191.5 of the Penal Code, or
paragraph (3) of subdivision (c)
(a) of Section 192 192.5 of that
code, the person has been administratively determined to have refused
chemical testing pursuant to Section 13353 or 13353.1, or the person
has been administratively determined to have been driving with an
excessive concentration of alcohol pursuant to Section 13353.2 on a
separate occasion, that offense or occasion occurred within 10 years
of the occasion in question, the person's privilege to operate a
motor vehicle shall be suspended for one year.
(3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
(c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.
(d) For the purposes of this section, a conviction of any
an offense in any a
state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or
paragraph (3) of subdivision (c) (a)
of Section 192 192.5 of the
Penal Code, is a conviction of that particular section of the Vehicle
Code or Penal Code.
(e) This section shall become operative on September 20, 2005.
SEC. 14. Section 13353.5 of the Vehicle
Code is amended to read:
13353.5. (a) If a person whose driving privilege is suspended or
revoked under Section 13352, former Section 13352.4, Section 13352.4,
13352.6 13352.9 , paragraph (1) of
subdivision (g) of Section 23247, or paragraph (2) of subdivision (f)
of Section 23575 is a resident of another state at the time the
mandatory period of suspension or revocation expires, the department
may terminate the suspension or revocation, upon written application
of the person, for the purpose of allowing the person to apply for a
license in his or her state of residence. The application shall
include, but need not be limited to, evidence satisfactory to the
department that the applicant now resides in another state.
(b) If the person submits an application for a California driver's
license within three years after the date of the action to terminate
suspension or revocation pursuant to subdivision (a), a license
shall not be issued until evidence satisfactory to the department
establishes that the person is qualified for reinstatement and no
grounds exist including, but not limited to, one or more subsequent
convictions for driving under the influence of alcohol or other drugs
that would support a refusal to issue a license. The department may
waive the three-year requirement if the person provides the
department with proof of financial responsibility, as defined in
Section 16430, and proof satisfactory to the department of successful
completion of a driving-under-the-influence program described in
Section 13352, and the driving-under-the-influence program is of the
length required under paragraphs (1) to (7), inclusive, of
subdivision (a) of Section 13352.
(c) For the purposes of this section, "state" includes a foreign
province or country.
(d) This section shall become operative on September 20, 2005.
SEC. 15. Section 13353.7 of the Vehicle
Code is amended to read:
13353.7. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has not
been convicted of, or found to have committed, a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or paragraph
(3) of subdivision (c) (a) of
Section 192 192.5 of the Penal Code,
and if the person's privilege to operate a motor vehicle has not been
suspended or revoked pursuant to Section 13353 or 13353.2 for an
offense that occurred on a separate occasion within 10 years of the
occasion in question and, if the person subsequently enrolls in a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code, as described in subdivision (b) of
Section 23538, and installs and maintains an ignition interlock
device certified pursuant to Section 13386 on all vehicles that the
person owns or operates, that person, if 21 years of age or
older at the time the offense occurred, may apply to the department
for a restricted driver's license limited to travel to and
from the activities required by the program and to and from and in
the course of the person's employment . After receiving
proof of enrollment in the program , and the
"Verification of Installation" of an ignition interlock device form
described in Section 13386, and if the person has not been
arrested subsequent to the offense for which the person's driving
privilege has been suspended under Section 13353.2 for a violation of
Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or paragraph
(3) of subdivision (c) (a) of
Section 192 192.5 of the Penal Code,
and if the person's privilege to operate a motor vehicle has not been
suspended or revoked pursuant to Section 13353 or 13353.2 for an
offense that occurred on a separate occasion, notwithstanding Section
13551, the department shall, after review pursuant to Section 13557,
suspend the person's privilege to operate a motor vehicle for 30
days and then issue the person a restricted driver's license under
the following conditions:
(1) The program shall report any a
failure to participate in the program to the department and shall
certify successful completion of the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under
this section attempts to remove, bypass, or tamper with, or fails to
maintain the ignition interlock device, or operates a motor vehicle
without a properly installed ignition interlock device, within the
time described in Section 13353.73, the department shall suspend the
restricted license immediately. The department shall give notice of
the suspension under this paragraph in the same manner as prescribed
in subdivision (b) of Section 13353.2 for the period specified in
Section 13353.3, that is effective upon receipt of the notice by the
person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver's license was operating a
commercial vehicle, as defined in Section 15210, at the time of the
violation that resulted in the suspension of that person's driving
privilege under Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a) ,
except that the license may not allow travel to and from or in the
course of the person's employment .
(d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion, or as a
result of a conviction of a separate violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153, that
violation occurred within 10 years of the offense in question. This
subdivision shall be operative only so long as a one-year suspension
of the driving privilege for a second or subsequent occurrence or
offense, with no restricted or hardship licenses permitted, is
required by Section 408 or 410 of Title 23 of the United States Code.
(e) This section shall become operative on September 20, 2005.
SEC. 16. Section 13353.71 is added to the
Vehicle Code , to read:
13353.71. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has been
convicted of, or found to have committed, one prior separate
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153 of this code, or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code and, if the person
subsequently enrolls in a driving-under-the-influence program
licensed under Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23542, and installs and
maintains an ignition interlock device certified pursuant to Section
13386, on all vehicles registered in the person's name, that person,
if 21 years of age or older at the time the offense occurred, may
apply to the department for a restricted driver's license. After
receiving proof of enrollment in the program and the "Verification of
Installation" of an ignition interlock device form described in
Section 13386, and if the person has not been arrested subsequent to
the offense for which the person's driving privilege has been
suspended under Section 13353.2 for a violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153 of
this code, or Section 191.5 or subdivision (a) of Section 192.5 of
the Penal Code, and if the person's privilege to operate a motor
vehicle has not been suspended or revoked pursuant to Section 13353
for an offense that occurred on a separate occasion, notwithstanding
Section 13551, the department shall, after review as described in
Section 13557, suspend the person's privilege to operate a motor
vehicle for 90 days and then issue the person a restricted driver's
license under the following conditions:
(1) The program shall report a failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of 21 months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under
this section attempts to remove, bypass, or tamper with, or fails to
maintain the ignition interlock device, or operates a motor vehicle
without a properly installed ignition interlock device, within the
time described in Section 13353.73, the department shall suspend the
restricted license immediately. The department shall give notice of
the suspension under this paragraph in the same manner as prescribed
in subdivision (b) of Section 13353.2 for the period specified in
Section 13353.3, that is effective upon receipt of the notice by the
person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver's license was operating a
commercial motor vehicle, as defined in Section 15210, at the time
of the violation that resulted in the suspension of that person's
driving privilege under Section 13353.2, the department shall,
pursuant to this section, if the person is otherwise eligible, issue
the person a class C driver's license restricted in the same manner
and subject to the same conditions as specified in subdivision (a).
SEC. 17. Section 13353.72 is added to the
Vehicle Code , to read:
13353.72. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has been
convicted of, or found to have committed, two or more prior separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153 of this code, or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code and,
if the person subsequently enrolls
in a driving-under-the-influence program licensed under Section 11836
of the Health and Safety Code, as described in subdivision (b) or
(c) of Section 23548, and installs and maintains an ignition
interlock device certified pursuant to Section 13386, on all motor
vehicles registered in that person's name, that person, if 21 years
of age or older at the time the offense occurred, may apply to the
department for a restricted driver's license. After receiving proof
of enrollment in the program and the "Verification of Installation"
of an ignition interlock device form described in Section 13386, and
if the person has not been arrested subsequent to the offense for
which the person's driving privilege has been suspended under Section
13353.2 for a violation of Section 23103, as specified in Section
23103.5, or Section 23140, 23152, or 23153 of this code, or Section
191.5 or subdivision (a) of Section 192.5 of the Penal Code, and if
the person's privilege to operate a motor vehicle has not been
suspended or revoked pursuant to Section 13353 for an offense that
occurred on a separate occasion, notwithstanding Section 13551, the
department shall, after review as described in Section 13557, suspend
the person's privilege to operate a motor vehicle for six months and
then issue the person a restricted driver's license under the
following conditions:
(1) The program shall report a failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of 30 months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under
this section attempts to remove, bypass, or tamper with, or fails to
maintain the ignition interlock device, or operates a motor vehicle
without a properly installed ignition interlock device, within the
time described in Section 13353.73, the department shall suspend the
restricted license immediately. The department shall give notice of
the suspension under this paragraph in the same manner as prescribed
in subdivision (b) of Section 13353.2 for the period specified in
Section 13353.3, that is effective upon receipt of the notice by the
person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver's license was operating a
commercial motor vehicle, as defined in Section 15210, at the time
of the violation that resulted in the suspension of that person's
driving privilege under Section 13353.2, the department shall,
pursuant to this section, if the person is otherwise eligible, issue
the person a class C driver's license restricted in the same manner
and subject to the same conditions as specified in subdivision (a).
SEC. 18. Section 13373.73 is added to the
Vehicle Code , to read:
13373.73. (a) A person issued a restricted driver's license
pursuant to Section 13353.7 shall install and maintain an ignition
interlock device for six months. Installation may occur 30 days after
the issuance of the notice pursuant to Section 13382 or subdivision
(b) of Section 13353.2.
(b) A person issued a restricted driver's license pursuant to
Section 13353.71 shall install and maintain an ignition interlock
device for two years. Installation may occur 30 days after the
issuance of the notice pursuant to Section 13382 or subdivision (b)
of Section 13353.2.
(c) A person issued a restricted driver's license pursuant to
Section 13353.72 shall install and maintain an ignition interlock
device for three years. Installation may occur 30 days after the
issuance of the notice pursuant to Section 13382 or subdivision (b)
of Section 13353.2.
SEC. 19. Section 23247 of the Vehicle
Code is amended to read:
23247. (a) It is unlawful for a person to knowingly rent, lease,
or lend a motor vehicle to another person known to have had his or
her driving privilege restricted as provided in Section 13352 ,
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81,
13352.82, 13353.7, 13353.71, 13353.72, or 23575, unless the
vehicle is equipped with a functioning, certified ignition interlock
device. Any A person, whose driving
privilege is restricted pursuant to Section 13352 ,
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575 shall notify
any other another person who rents,
leases, or loans a motor vehicle to him or her of the driving
restriction imposed under that section.
(b) It is unlawful for any a person
whose driving privilege is restricted pursuant to Section 13352
, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575 to request or
solicit any other another person to
blow into an ignition interlock device or to start a motor vehicle
equipped with the device for the purpose of providing the person so
restricted with an operable motor vehicle.
(c) It is unlawful to blow into an ignition interlock device or to
start a motor vehicle equipped with the device for the purpose of
providing an operable motor vehicle to a person whose driving
privilege is restricted pursuant to Section 13352 , 13352.4,
13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13352.7, 13353.71, 13353.72, or 23575.
(d) It is unlawful to remove, bypass, or tamper with ,
an ignition interlock device.
(e) It is unlawful for any a person
whose driving privilege is restricted pursuant to Section 13352
, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575 to operate
any a vehicle that is not
equipped with a functioning ignition interlock device.
(f) Any A person
convicted of a violation of this section shall be punished by
imprisonment in the county jail for not more than six months or by a
fine of not more than five thousand dollars ($5,000), or by both that
fine and imprisonment.
(g) (1) If any a person whose
driving privilege is restricted pursuant to Section 13352 is
convicted of a violation of subdivision (e), the court shall notify
the Department of Motor Vehicles, which shall immediately terminate
the restriction and shall suspend or revoke the person's driving
privilege for the remaining period of the originating suspension or
revocation and until all reinstatement requirements in Section 13352
are met.
(2) If any a person who is
restricted pursuant to subdivision (a) or () of Section 23575 is
convicted of a violation of subdivision (e), the department shall
suspend the person's driving privilege for one year from the date of
the conviction.
(h) Notwithstanding any other provision of law, if a vehicle in
which an ignition interlock device has been installed is impounded,
the manufacturer or installer of the device shall have the right to
remove the device from the vehicle during normal business hours.
No A charge shall not be
imposed for the removal of the device nor shall
, and the manufacturer or installer shall not
be liable for any removal, towing, impoundment, storage, release, or
administrative costs or penalties associated with the impoundment.
Upon request, the person seeking to remove the device shall present
documentation to justify removal of the device from the vehicle. Any
damage to the vehicle resulting from the removal of the device is the
responsibility of the person removing it.
SEC. 20. Section 23502 of the Vehicle
Code is amended to read:
23502. (a) Notwithstanding any other provision of law, if a
person who is at least 18 years of age is convicted of a first
violation of Section 23140, in addition to any penalties, the court
shall order the person to attend a program licensed under Section
11836 of the Health and Safety Code, subject to a fee schedule
developed under paragraph (2) of subdivision (b) of Section 11837.4
of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) (a) of
Section 192 192.5 of, the Penal Code,
the person shall complete, at a minimum, the education component of
that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
(c) The person's privilege to operate a motor vehicle shall be
suspended by the department as required under Section
13352.6 13352.9 , and the court shall require
the person to surrender his or her driver's license to the court in
accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the
driving-under-the-influence program required under this section.
SEC. 21. Section 23536 of the Vehicle
Code is amended to read:
23536. (a) If a person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the
county jail for not less than 96 hours, at least 48 hours of which
shall be continuous, nor more than six months, and by a fine of not
less than three hundred ninety dollars ($390), nor more than one
thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision
(a), who is to be punished by imprisonment in the county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court. If the court determines that 48
hours of continuous imprisonment would interfere with the person's
work schedule, the court shall allow the person to serve the
imprisonment whenever the person is normally scheduled for time off
from work. The court may make this determination based upon a
representation from the defendant's attorney or upon an affidavit or
testimony from the defendant.
(c) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1 . The court
shall require the person to surrender the driver's license to the
court in accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or
Section 13352.1 , the court may disallow the issuance of a
restricted driver's license required under Section 13352.4.
SEC. 22. Section 23538 of the Vehicle
Code is amended to read:
23538. (a) (1) If the court grants probation to person punished
under Section 23536, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person pay a fine
of at least three hundred ninety dollars ($390), but not more than
one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail
for at least 48 hours, but not more than six months.
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1 . The court
shall require the person to surrender the driver's license to the
court in accordance with Section 13550.
(3) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or
Section 13352.1 , the court may disallow the issuance of a
restricted driver's license required under Section 13352.4.
(b) In any a county where the board
of supervisors has approved, and the State Department of Alcohol and
Drug Programs has licensed, a program or programs described in
Section 11837.3 of the Health and Safety Code, the court shall also
impose as a condition of probation that the driver shall enroll and
participate in, and successfully complete a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county of
residence or employment, as designated by the court. For the purposes
of this subdivision, enrollment in, participation in, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may shall not
be given for any program activities completed
prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
(2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least nine months or
longer, as ordered by the court, in a licensed program that consists
of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under this
code that is licensed pursuant to Section 11836 of the Health and
Safety Code has been received in the department's headquarters.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs. That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
SEC. 23. Section 23546 of the Vehicle
Code is amended to read:
23546. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of two separate
violations of Section 23103, as specified in Section 23103.5, 23152,
or 23153, or any combination thereof, that resulted in convictions,
that person shall be punished by imprisonment in the county jail for
not less than 120 days nor more than one year and by a fine of not
less than three hundred ninety dollars ($390) nor more than one
thousand dollars ($1,000). The person's privilege to operate a motor
vehicle shall be revoked suspended by
the Department of Motor Vehicles as required in paragraph (5) of
subdivision (a) of Section 13352. The court shall require the person
to surrender his or her driver's license to the court in accordance
with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
SEC. 24. Section 23548 of the Vehicle
Code is amended to read:
23548. (a) (1) If the court grants probation to any
a person punished under Section 23546, in
addition to the provisions of Section 23600 and any other terms and
conditions imposed by the court, the court shall impose as conditions
of probation that the person be confined in the county jail for at
least 120 days but not more than one year and pay a fine of at least
three hundred ninety dollars ($390) but not more than one thousand
dollars ($1,000).
(2) The person's privilege to operate a motor vehicle shall be
revoked suspended by the department
under paragraph (5) of subdivision (a) of Section 13352. The court
shall require the person to surrender the driver's license to the
court in accordance with Section 13550.
(b) In addition to subdivision (a), if the court grants probation
to any a person punished under Section
23546, the court may order as a condition of probation that the
person participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. In lieu of the minimum term of
imprisonment specified in subdivision (a), the court shall impose as
a condition of probation under this subdivision that the person be
confined in the county jail for at least 30 days but not more than
one year. The court shall not order the treatment prescribed by this
subdivision unless the person makes a specific request and shows good
cause for the order, whether or not the person has previously
completed a treatment program pursuant to paragraph (4) of
subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562. In order to enable all required
persons to participate, each person shall pay the program costs
commensurate with the person's ability to pay as determined pursuant
to Section 11837.4 of the Health and Safety Code. No condition of
probation required pursuant to this subdivision is a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation
provisions of suspension imposed under paragraph
(5) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any a
person punished under Section 23546 who has not previously
completed a treatment program pursuant to paragraph (4) of
subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562, and unless the person is ordered to
participate in and complete a driving-under-the-influence program
under subdivision (b), the court shall impose as a condition of
probation that the person, subsequent to the date of the current
violation, enroll and participate, for at least 18 months and in a
manner satisfactory to the court, in a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, as designated by the court. The person shall complete the
entire program subsequent to, and shall not be given any credit for
program activities completed prior to, the date of the current
violation. Any A person who has
previously completed a 12-month or 18-month program licensed pursuant
to Section 11836 of the Health and Safety Code shall not be eligible
for referral pursuant to this subdivision unless a 30-month licensed
driving-under-the-influence program is not available for referral in
the county of the person's residence or employment. The program
shall provide for persons who cannot afford the program fee pursuant
to paragraph (2) of subdivision (b) of Section 11837.4 of the Health
and Safety Code in order to enable those persons to participate. No
condition of probation required pursuant to this subdivision is a
basis for reducing any other probation requirement in this section or
Section 23600 or for avoiding the mandatory license
revocation provisions of suspension imposed under
paragraph (5) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing
that the driving privilege may shall
not be restored until the person provides proof satisfactory to the
department of successful completion of a driving-under-the-influence
program of the length required under this code that is licensed
pursuant to Section 11836 of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
SEC. 25. Section 23550.5 of the Vehicle
Code is amended to read:
23550.5. (a) A person is guilty of a public offense, punishable
by imprisonment in the state prison or confinement in a county jail
for not more than one year and by a fine of not less than three
hundred ninety dollars ($390) nor more than one thousand dollars
($1,000) if that person is convicted of a violation of Section 23152
or 23153, and the offense occurred within 10 years of any of the
following:
(1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both, or under former
Section 23175 or former Section 23175.5, or both.
(2) A prior violation of Section 23153 that was punished as a
felony.
(3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
(b) Every A person who, having
previously been convicted of a violation of Section 191.5 of the
Penal Code or a felony violation of paragraph (3)
of subdivision (c) (a) of Section
192 192.5 of the Penal Code, is
subsequently convicted of a violation of Section 23152 or 23153 is
guilty of a public offense punishable by imprisonment in the state
prison or confinement in a county jail for not more than one year and
by a fine of not less than three hundred ninety dollars ($390) nor
more than one thousand dollars ($1,000).
(c) The privilege to operate a motor vehicle of a person convicted
of a violation that is punishable under subdivision (a) or (b) shall
be revoked by the department under paragraph (7) of subdivision (a)
of Section 13352, unless paragraph (6) of subdivision (a) of Section
13352 is also applicable, in which case the privilege shall be
revoked suspended under that provision.
The court shall require the person to surrender the driver's license
to the court in accordance with Section 13550.
(d) Any A person convicted of a
violation of Section 23152 or 23153 that is punishable under this
section shall be designated as a habitual traffic offender for a
period of three years, subsequent to the conviction. The person shall
be advised of this designation under subdivision (b) of Section
13350.
SEC. 26. Section 23575 of the Vehicle
Code is amended to read:
23575. (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense
violation of Section 23152 or 23153 to install a certified ignition
interlock device on any vehicle that the person owns or operates and
prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device. The court shall give heightened consideration to applying
this sanction to a first offense violator with 0.20 percent 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 ignition interlock
device 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 the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department of
Motor Vehicles shall place the restriction in the person's records in
the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the
terms of the restrictions in accordance with subdivision (a) of
Section 1804. The Department of Motor Vehicles shall place the
restriction in the person's records in the Department of Motor
Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device. The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
(c) The court 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.
(d) A person whose driving privilege is restricted by the court
pursuant to this section 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. 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
a requirement for the maintenance or calibration
of the ignition interlock device. There is no obligation for the
installer to notify the court if the person has complied with all of
the requirements of this article.
(e) The court shall monitor the installation and maintenance of
any ignition interlock device restriction ordered pursuant to
subdivision (a) or (). If a person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if If
a person is convicted of a violation of Section 23152 or 23153,
and the offense occurred within 10 years of one or more
separate violations of Section 23152 or 23153 that resulted in a
conviction, the person may apply
applies to the Department of Motor Vehicles for a restricted
driver's license pursuant to Section 13352
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, or 13352.82,
that prohibits the person from operating a motor vehicle unless
that vehicle is equipped with a functioning ignition interlock
device, certified pursuant to Section 13386 . The
, the restriction shall remain in effect for at least the
remaining period of the original suspension or revocation and until
all reinstatement requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 13352.4, 13352.5, 13352.6,
13352.7, 13352.8, 13352.81, or 13352.82, and shall immediately
suspend or revoke the privilege to operate a motor vehicle of a
person who attempts to remove, bypass, or tamper with the device, who
has the device removed prior to the termination date of the
restriction, or who fails three or more times to comply with
any a requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352 13352.4, 13352.5, 13352.6,
13352.7, 13352.8, 13352.81, or 13352.82 . The privilege shall
remain suspended or revoked for the remaining period of the
originating suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81,
or 13352.82, 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 the device and
monitor the operation of the device. The installer shall notify the
Department of Motor Vehicles 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 a requirement for the maintenance
or calibration of the ignition interlock device. There is no
obligation on the part of the installer to notify the department or
the court if the person has complied with all of the requirements of
this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
() This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to whom
subdivision (a) or (b) does not apply. The term of the restriction
shall be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
(m) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any A
person subject to an ignition interlock device restriction
shall not operate a motorcycle for the duration of the ignition
interlock device restriction period.
(n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating
vehicles a vehicle that are
is not owned by the person subject to this section.
(o) For the purposes of this section, "bypass" includes, but is
not limited to, either of the following:
(1) Any combination of failing or not taking the ignition
interlock device rolling retest three consecutive times.
(2) Any incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the
vehicle's engine.
SEC. 27. Section 23575.5 is added to the
Vehicle Code , to read:
23575.5. (a) The Ignition Interlock Device Assistance Fund is
hereby created in the State Treasury. The money in the fund is
available to the department, upon appropriation by the Legislature,
to fund the installation of ignition interlock devices.
(b) In addition to any other fines or fees imposed, a person
convicted of violating Section 23152 or 23153 shall pay a fee of one
hundred dollars ($100) to be deposited in the Ignition Interlock
Device Assistance Fund.
(c) The director shall establish standards and develop criteria
for implementing and maintaining the Ignition Interlock Device
Assistance Program. The criteria shall include at least all of the
following:
(1) Requirements for financial assistance to install and maintain
an ignition interlock device.
(2) The maximum amount of financial assistance, not to exceed 50
percent of the cost of installing and maintaining an ignition
interlock device, available for a person to install and maintain an
ignition interlock device.
(3) The application process by which a person can apply for
financial assistance.
(4) Criteria to terminate financial assistance.
SEC. 28. Section 23576 of the Vehicle
Code is amended to read:
23576. (a) Notwithstanding Section
Sections 13352.85 and 23575, if a person is required to operate
a motor vehicle in the course and scope of his or her employment and
if the vehicle is owned by the employer, the person may operate that
vehicle without installation of an approved ignition interlock
device if the employer has been notified by the person that the
person's driving privilege has been restricted pursuant to Section
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575 and if the person has
proof of that notification in his or her possession, or if the
notice, or a facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Section
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575, is not a motor vehicle
owned by the employer subject to the exemption in subdivision (a).
SEC. 29. 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. All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February 5,
2007. (JR11)