BILL ANALYSIS
SB 598
Page 1
SENATE THIRD READING
SB 598 (Huff)
As Amended September 4, 2009
Majority vote
SENATE VOTE : 39-0
PUBLIC SAFETY 7-0 TRANSPORTATION 12-0
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|Ayes:|Arambula, Hagman, |Ayes:|Eng, Jeffries, Buchanan, |
| |Ammiano, Furutani, | |Conway, Galgiani, |
| |Gilmore, Hill, Ma | |Garrick, Bonnie |
| | | |Lowenthal, Miller, |
| | | |Niello, John A. Perez, |
| | | |Solorio, Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|De Leon, Conway, Ammiano, | | |
| | | | |
| |Charles Calderon, Coto, | | |
| |Davis, | | |
| |Fuentes, Hall, Harkey, | | |
| |Miller, | | |
| |Nielsen, John A. Perez, | | |
| |Skinner, | | |
| |Solorio, Audra | | |
| |Strickland, Torlakson, | | |
| |Hill | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Provides that the Department of Motor Vehicles (DMV)
shall advise a person convicted of a second or third offense of
driving under the influence (DUI) with a blood alcohol content
(BAC) of .08% or more that he or she may receive a restricted
license, as specified, if he or she shows verification of
installation of a certified ignition interlock device (IID) and
pays a fee sufficient to include the costs of administration, as
specified. Specifically, this bill :
1)States for a second offense DUI, the DMV shall notify the person
SB 598
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that he or she may apply for a restricted license, as specified,
after 90 days of suspension if he or she meets the requirements
of existing law and submits proof of a certified IID. For a
third offense, a person may receive a restricted license after
six months of suspension if he or she meets the requirements of
existing law and submits proof of a certified IID.
2)States 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.
3)Specifies that the IID provisions of this bill shall apply only
to a person convicted of an alcohol-related DUI, as specified,
and not a person convicted of a controlled substances DUI.
4)States that a person need only enroll in a DUI program and show
proof of an IID to receive a restricted license rather than
complete a DUI program.
5)Makes other non-substantive, cross-referencing amendments to
conform provisions of this bill to existing law.
6)States the provisions of this bill shall become operative on
July 1, 2010.
EXISTING LAW :
1)Authorizes the court to require that a person convicted of a
first offense violation of DUI and DUI causing bodily injury to
install a certified IID on any vehicle that the person owns or
operates and prohibits that person from operating a motor
vehicle unless that vehicle is equipped with a functioning,
certified IID. The court shall give heightened consideration to
applying this sanction to a first-offense violator with 0.20% or
more, by weight, of alcohol in his or her blood at arrest, or
with two or more prior moving traffic violations, or to persons
who refused the chemical tests at arrest. If the court orders
the IID restriction, the term shall be determined by the court
for a period not to exceed three years from the date of
conviction. The court shall notify the DMV, as specified, of
the terms of the restrictions in accordance with existing law.
The DMV shall place the restriction in the person's records in
the DMV.
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2)Requires the court where a person convicted of a violation of
driving on a suspended license where the suspension is the
result of DUI to install an IID on any vehicle that the person
owns or operates and prohibits the person from operating a motor
vehicle unless the vehicle is equipped with a functioning,
certified IID. The term of the restriction shall be determined
by the court for a period not to exceed three years from the
date of conviction.
3)States the court shall advise the person that installation of an
IID on a vehicle does not allow the person to drive without a
valid driver's license.
4)States a person whose driving privilege is restricted by the
court pursuant to this section shall arrange for each vehicle
with an IID to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor
the operation of the device. The installer shall notify the
court if the device is removed or indicates that the person has
attempted to remove, bypass, or tamper with the device, or if
the person fails three or more times to comply with any
requirement for the maintenance or calibration of the IID.
There is no obligation for the installer to notify the court if
the person has complied with all of the requirements of this
article.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 1) one-time startup 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 DMV by DUI
violators who install IIDs; and 2) annual costs in the range of
$200,000 that should also be covered by DUI offenders who install
IIDs.
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. Senate Bill 598
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."
Please see the policy committee for a full discussion of this
bill.
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Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0002920