BILL NUMBER: AB 91 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 16, 2009
INTRODUCED BY Assembly Member Feuer
(Coauthors: Assembly Members Buchanan, Gilmore, Hill,
Huffman, Jeffries, Jones, Lieu, Bonnie Lowenthal, Miller,
Nava, Saldana, Solorio, and Torlakson)
(Coauthors: Senators Cox and DeSaulnier)
JANUARY 6, 2009
An act to amend Section 23576 of, and to add and repeal Chapter 5
(commencing with Section 23700) of Division 11.5 of, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 91, as amended, Feuer. Vehicles: driving under the influence
(DUI): ignition interlock device.
(1) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law also 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 require the department to establish a pilot
program from July 1, 2010, to January 1, 2015, in the Counties of
Alameda, Los Angeles, Orange, and
Sacramento , and San Diego that
requires, as a condition of being issued a restricted driver's
license, being reissued a driver's license, or having the privilege
to operate a motor vehicle reinstated subsequent to a conviction for
a violation of the above offenses, a person to install for a
specified period of time an ignition interlock device on all vehicles
he or she owns or operates, except as provided. The amount of time
the ignition interlock device would be required to be installed would
be based upon the number of convictions, as prescribed.
Thebill would also require a person convicted of violating the above
offenses to participate in a county alcohol and drug assessment
program. The bill would prohibit the implementation of
the pilot program if the department fails to obtain, by January 31,
2010, nonstate funds for the programming costs of the
pilot program.
The bill would set up a statutory scheme under which the
department would, with regard to the installation of an ignition
interlock device described above, notify the person of the ignition
interlock device installation requirements established under the
bill, accept notification from the installer of the ignition
interlock device of attempts to remove, bypass, or tamper with the
ignition interlock device or if the person fails 3 or more times to
comply with the maintenance requirements, monitor the installation
and maintenance of the ignition interlock device, and keep specified
records.
The bill would also require that manufacturers and manufacturer's
agents, certified by the department to provide ignition interlock
devices, adopt a fee schedule for payment of the costs of the
ignition interlock device based on the offender's ability to pay, and
would require the court to adopt a similar fee schedule with regard
to the fees for the county alcohol and drug problem assessment
program.
On or before January 1, 2014, the department would be required to
report to the Legislature regarding the effectiveness of the pilot
program in reducing the number of first-time driving under the
influence violations and repeat offenses in those counties.
These requirements would be in addition to existing law.
(2) Because it is a crime to operate a vehicle that is not
equipped with a functioning, certified ignition interlock device by a
person whose driving privilege is so restricted, the bill would
impose a state-mandated local program by expanding the scope of that
crime.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23576 of the Vehicle Code is amended to read:
23576. (a) Notwithstanding Sections 23575 and 23700, 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 Sections 23575 and 23700 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 Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
SEC. 2. Chapter 5 (commencing with Section 23700) is added to
Division 11.5 of the Vehicle Code, to read:
CHAPTER 5. IGNITION INTERLOCK DEVICES
23700. (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Orange, Sacramento, and
San Diego and Sacramento to reduce the number of
first-time violations and repeat offenses of Sections 23152 and
23153, as follows:
(1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), shall
inform the convicted person of the requirements of this section,
including the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed by
this code.
(2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) 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.
(B) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months that begins once that person has
provided proof of installation.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person has
provided proof of installation.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person has
provided proof of installation.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months that begins
once that person has provided proof of installation.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person has
provided proof of installation.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person has
provided proof of installation.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months that begins once that person has
provided proof of installation.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months that begins
once that person has provided proof of installation.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (1) A person convicted of a violation of Section 23152 or
23153 shall be required to participate in a county alcohol and drug
problem assessment program described in Section 23646.
(2) The county alcohol and drug problem assessment program shall
include treatment and counseling recommendations.
(3) The court shall impose a fee of no more than one hundred
twenty dollars ($120) to pay for the cost of the assessment.
(4) The court shall determine the person's ability to pay for all
or a portion of the fee for the assessment based on the person's
income relative to the federal poverty level, as defined in Section
127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the fee for the
assessment.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the fee for the
assessment.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the fee for the
assessment.
(D) All other offenders are responsible for 100 percent of the fee
for the assessment.
(c)
(b) (1) Every manufacturer and manufacturer's agent
certified by the department to provide ignition interlock devices,
under Section 13386, shall adopt the following fee schedule that
provides for the payment of the costs of the ignition interlock
device by offenders subject to this chapter in amounts commensurate
with that person's income relative to the federal poverty level, as
defined in Section 127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(d)
(c) This section does not permit a person to drive
without a valid driver's license.
(e)
(d) The requirements of this section are in addition to
any other requirements of law.
(f)
(e) 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 an ignition interlock device restriction shall not operate
a motorcycle for the duration of the ignition interlock device
restriction period.
(g)
(f) This section shall become operative on July 1,
2010.
23700.5. The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
23701. On or before January 1, 2014, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Orange,
Sacramento, and San Diego.
23702. This chapter shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.