BILL ANALYSIS SB 598 Page 1 Date of Hearing: July 6, 2009 ASSEMBLY COMMITTEE ON TRANSPORTATION Mike Eng, Chair SB 598 (Huff) - As Amended: May 5, 2009 SENATE VOTE : 39-0 SUBJECT : Vehicles: driving under the influence SUMMARY : Provides that the Department of Motor Vehicles (DMV) is to advise a person convicted of a second or third offense of driving under the influence (DUI) with a blood alcohol content (BAC) of .08% or more that he or she may receive a restricted license, if he or she shows verification of installation of a certified ignition interlock device (IID) and pays a fee sufficient to include the costs of administration, as specified. Specifically, this bill : 1)Provides that for a second DUI offense, DMV is to notify the person that they can apply for a restricted license, as specified, after 90 days of suspension if he or she meets the requirements of existing law and submits proof of a certified IID. 2)Provides that for a third DUI offense, DMV is to notify the person that they can apply for a restricted license after six months of suspension if he or she meets the requirements of existing law and submits proof of a certified IID. 3)Provides that if the driver convicted of DUI installs and maintains an IID and otherwise complies with existing law including enrollment and participation in DUI classes required by DMV, the only restriction on his or her license shall be the requirement to only drive a vehicle with an installed IID, as specified. 4)States the provisions of this bill shall become operative on July 1, 2010. EXISTING LAW : 1)Requires a person's privilege to operate a motor vehicle to be suspended or revoked, if the person has been convicted of violating specified provisions prohibiting driving a motor SB 598 Page 2 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 the blood stream, or who is addicted to the use of any drug. 2)Authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of a certified IID on the person's vehicle. 3)Authorizes the court to require that a person convicted of a first offense violation of DUI and DUI causing bodily injury to install a certified IID on any vehicle that the person owns or operates and prohibits that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified IID. 4)Provides that the court shall give heightened consideration to applying this sanction to a first-offense violator with 0.20% or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the IID restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction. 5)Requires DMV to advise a person to apply for a restricted driver's license after completion of 12 months of the suspension period, which may include credit for a specified concurrent suspension, subject to certain conditions, including, among other things, submitting proof of installation of a certified IID and agreeing to maintain the IID and paying fees, including, but not limited to all administrative fees or reissue fees. 6)Provides that a person convicted of a second or subsequent DUI faces a license suspension period of 2 or more years. After a 12 month suspension, in which a person cannot drive at all, a person may apply for a restricted license and drive to and from work and to and from a treatment program, if an ignition interlock is installed, is enrolled in a required treatment program, provides proof of automobile insurance, and pays all required fees. 7)States a person whose driving privilege is restricted by the SB 598 Page 3 court pursuant to this section shall arrange for each vehicle with an IID 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. 8)Provides that the installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the IID. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article. FISCAL EFFECT : According to the Senate Appropriations Committee, DMV has identified implementation costs of $267,172 related to necessary programming changes and form revisions. These costs would be incurred prior to the collection of any fees, but could be reimbursed once collection begins. Ongoing staffing costs of approximately $173,000 would be fully covered by fees authorized by this bill. COMMENTS : According to the author, "Only a small percentage of people convicted of multiple DUIs are required by court to install an IID on their vehicles to discourage recidivism. This bill will increase the use of ignition interlocks among repeat offenders while they are in treatment and will reduce the incidence of driving while on a suspended license. The measure provides one more tool to proactively fight drunk driving." The IID prevents anyone with alcohol in his or her system from operating a vehicle equipped with the device, and stops drunk driving before it starts by locking the vehicle's ignition until the driver submits an alcohol-free breath sample. A 2002 survey conducted by DMV entitled "An Evaluation of the Implementation of Ignition Interlock in California," sought to obtain a better understanding of the effectiveness of IIDs based on those offenders that were required to use them. When offenders were asked whether the device (the IID) prevented them from driving after drinking, 88% said that it did. A second question asked whether respondents thought that IID's prevented others from drinking and driving; 75% of offenders said that these devices did prevent other people from driving after drinking. Clearly, these findings show that the significant majority of offenders (IID users) believe that IID's are SB 598 Page 4 effective in preventing drinking and driving." According to DMV, installing an IID on each DUI offender's vehicle would reduce recidivism by an estimated 75% and alcohol-related fatalities by seven percent. The IID would cost approximately $1,320 per vehicle and would be paid for by the DUI offender. In September 2004, DMV released a report pursuant to AB 762 (Torlakson), Chapter 756, Statutes of 1998, regarding the implementation and effectiveness of IIDs entitled "An Evaluation of the Effectiveness of Ignition Interlock in California." The DMV report does recommend introduction of legislation that would allow repeat DUI offenders who install IIDs to reinstate their driver's licenses early, after serving their suspension or court-ordered DMV suspension. The results of this study show that second DUI offenders who serve half of their sentence suspension period and install an IID in order to obtain a restricted driver license, have a lower risk of DUI recidivism that their counterparts who remain suspended. The DMV report suggests, "One way to encourage more repeat offenders to install interlocks is to shorten their period of suspension if they install the device." This bill is similar to a bill that was vetoed last year . This bill is substantially similar to SB 1361 (Correa) of 2008 which was vetoed by the Governor last year. Unlike the vetoed bill, this bill's provisions would apply only to second and subsequent DUI offenders, rather than including first time offenders as well. In the veto message of SB 1361 (Correa) of 2008, the Governor stated that "Drunk driving is a serious public safety hazard, and I fully support any meaningful efforts to curb this practice. Unfortunately, this bill would not diminish the occurrence of DUI in a meaningful way as it would restore the driving privileges of DUI offenders - many of whom have multiple DUI convictions - much sooner than currently allowed. Although ignition interlock devices have a good track record in preventing drunk driving, this bill would only mandate their installation in the vehicles of persons who would, under current law, be off the streets entirely." Related legislation : AB 91 (Feuer) establishes a three-county SB 598 Page 5 pilot program within the DMV that requires a person convicted of DUI to install an IID, as specified, on all vehicles he or she owns or operates and to participate in a county alcohol and drug problem assessment program, as specified. This bill passed out of the Assembly floor on a 77-0 on June 2, 2009. This bill now awaits hearing in the Senate Public Safety Committee. Prior legislation : AB 2784 (Feuer) of 2008, would have required a person convicted of DUI, as specified, to install an IID, as specified, in order to be reissued a license, receive a restricted license, or receive a reinstated license. AB 2784's provisions were removed from that bill in the Assembly Committee on Appropriations and replaced with the provisions of SB 1361. AB 2784 was gutted, amended into an unrelated bill, and subsequently vetoed. SB 177 (Migden) of 2008, would have, among other things, recast and revised provisions of law authorizing restricted licenses and imposing additional requirements with respect to IIDs on those restricted licenses and established the IID Assistance Fund in the State Treasury. SB 177 was never heard by the Senate Committee on Public Safety. SB 1361 (Correa) of the 2008, would have required installation of an IID, as specified, for all offenders convicted of a DUI under certain conditions. Those conditions included where there is a high BAC for a first offender and for a second or subsequent offender. SB 1361's provisions amended relevant portions of the Vehicle Code to authorize DMV to reinstate the offender's license earlier than provided in existing law if he or she shows proof of installation of an IID. SB 1361 was vetoed. SB 1388 (Torlakson), Chapter 404, Statutes of 2008, required that a person immediately install a certified IID on all vehicles he or she owns or operates for a period of one to three years when he or she has been convicted of violating specified provisions relating to DUI and driving a motor vehicle when his or her license has been suspended or revoked as a result of a DUI-related conviction. REGISTERED SUPPORT / OPPOSITION : Support Distilled Spirits Council of the United States SB 598 Page 6 Opposition None on file Analysis Prepared by : Alejandro Esparza / TRANS. / (916) 319-2093