BILL ANALYSIS
SB 598
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Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 598 (Huff) - As Amended: May 5, 2009
Policy Committee: Public
SafetyVote: 7-0
Transportation 12-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill, starting July 1, 2009, requires the DMV to advise a
person convicted of a second or third driving under the
influence (DUI) offense that he or she may receive a restricted
license, as specified, if he or she shows verification of
installation of a certified ignition interlock device (IID) and
pays a fee sufficient to include the costs of administration, as
specified. Specifically, this bill:
Provides that for a second DUI offense, the DMV shall notify the
person that he or she may apply for a restricted license, as
specified, after 90 days of suspension if he or she meets the
requirements of existing law and submits proof of a certified
IID. For a third offense, a person may receive a restricted
license after six months of suspension if he or she meets the
requirements of existing law and submits proof of a certified
IID.
FISCAL EFFECT
1)One-time start-up costs (Motor Vehicle Account) in the range
of $250,000 in 2009-10 for DMV to provide notices to DUI
offenders, modify its driver license suspension and revocation
process, and monitor installation and maintenance of IIDs.
These costs should eventually be recouped via fees paid to the
department by DUI violators who install IIDs.
2)Annual costs in the range of $200,000 that should also be
covered by DUI offenders who install IIDs.
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COMMENTS
1)Rationale . The author notes that only a small number
(estimates are in the range of 4%) of persons convicted of
multiple DUI are required by a court to install an IID as one
means to discourage recidivism. Because judges do not
generally require these devices, and because IID rental,
installation and maintenance are costly, IID use is not
common. This bill creates an incentive for DUI offenders to
accept IID on their vehicles by providing the opportunity to
apply for a restricted driver's license well before the end of
the relevant suspension or revocation period.
2)This bill is similar to SB 1361 (Correa), which was vetoed
last year . Unlike SB 1361, SB 598 applies only to subsequent
DUI offenders, rather than including first time offenders. In
his veto message, the governor stated,
"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."
3)An IID is a breath-alcohol testing device , about the size of
a cell phone, which is installed on the steering column of a
car. The IID prevents the vehicle from being started unless
the driver blows into the device to demonstrate that he or she
is alcohol-free. The cost of an IID varies, but runs about
$1,000 per year, including unit rental, installation and
periodic recalibration to determine whether the offender has
attempted to remove or tamper with the IID, or if the offender
has failed three or more times to comply with IID
requirements. The cost of an IID is borne by the defendant,
though IID vendors offer discounted rates based on ability to
pay.
4)2009 DMV DUI statistics show that the DUI arrest rate (per
100,000 licensed drivers) is down from 1997 (933 to 863) and
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that alcohol-related fatalities decreased by 7% in 2007, for
the first year-to-year decrease after eight years of a rising
trend.
5)Current IID law authorizes an IID where the court feels it is
appropriate. The court may require a person convicted of a
first-offense violation of DUI to install a certified IID on
any vehicle that the person owns or operates and to prohibit
that person from operating a motor vehicle unless it is
equipped with a certified IID. The court is required to give
heightened consideration to a high BAC or multiple moving
violations in applying the IID requirement to a first
offender. The duration of the IID requirement is determined by
the court and may not exceed three years.
In 1998, the Legislature required the court to order an IID on
every offender convicted of driving on a suspended license
where the suspension was the result of a prior DUI conviction.
The IID requirement may not to exceed three years.
6)DUI license suspension and revocation requirements depend on a
number of factors, including the number of convictions. For a
review of these factors, please see the Assembly Public Safety
Committee analysis of SB 598.
7)Related Legislation. AB 91 (Feuer) establishes a four-county
pilot program that requires a person convicted of DUI to
install an IID on all vehicles he or she owns or operates. AB
91, which is contingent upon the enactment of SB 598, is
pending in Senate Appropriations.
8)Prior Legislation . AB 2784 (Feuer), 2008, required any person
convicted of DUI to install an IID in order to receive a
restricted or reinstated license. AB 2784 provisions were
deleted from that bill in this committee and replaced with the
provisions of SB 1361 (Correa). AB 2784 was later amended to
address an unrelated topic, and was vetoed.
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081