BILL NUMBER: SB 895 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2010
AMENDED IN SENATE MARCH 3, 2010
INTRODUCED BY Senator Huff
JANUARY 25, 2010
An act to amend Section 13353.3 Sections
13352.5, 13353.3, and 23247 of the Vehicle Code, relating to
vehicles, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 895, as amended, Huff. Vehicles: driver's license: suspension.
(1) Existing law that will become operative on July 1, 2010,
authorizes a person who has been convicted of specified driving under
the influence (DUI) offenses and who has had his or her driving
privilege suspended or revoked to apply to the Department of Motor
Vehicles for a restricted driver's license, if certain conditions,
including that the person has installed an ignition interlock device,
are met.
Existing law requires the department to immediately suspend the
driving privilege of a person if the person was driving a motor
vehicle with 0.08% or more of alcohol in his or her blood, the person
was under 21 years of age and had a blood-alcohol level of 0.01% or
more, the person was driving a vehicle that requires a commercial
driver's license and had 0.04% or more of alcohol in his or her
blood, or the person was driving a motor vehicle when he or she was
on probation for a specified DUI violation and had 0.01% or more of
alcohol in his or her blood. If the person has been convicted of one
or more separate DUI violations, has been administratively determined
to have refused chemical testing, or has been administratively
determined to have been driving with an excessive concentration of
alcohol on a separate occasion, which offense or occasion occurred
within 10 years of the occasion in question, existing law requires
the period of suspension to be one year.
This bill would require the one-year suspension to terminate if
the person has been convicted of a violation arising out of the same
occurrence and the person meets specified conditions, including that
he or she is otherwise eligible for a restricted driver's license and
installs an ignition interlock device for purposes of that
restricted driver's license.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13352.5 of the
Vehicle Code , as amended by Section 2 of Chapter 193 of
the Statutes of 2009, is amended to read:
13352.5. (a) 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 proof of financial responsibility, as
described in Section 16430.
(3) The person completes not less than 90 days
12 months of the suspension period imposed under paragraph
(3) of subdivision (a) of Section 13352. The 90 days
12 months may include credit for any suspension
period served under subdivision (c) of Section 13353.3.
(4) 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.
(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) 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) For the purposes of this section, enrollment in, participation
in, and completion of an approved program shall be subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation.
(f) The department shall terminate the restriction imposed
pursuant to this section and shall suspend the privilege to drive
under paragraph (3) of subdivision (a) of Section 13352 upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements.
(g) 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 shall not issue a restricted driver's license
under this section.
(h) A 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.
SECTION 1. SEC. 2. 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) If the person has not been convicted of a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5
of the Penal 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, which 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) (A) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal 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, which
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, except as provided in subparagraph (B).
(B) The one-year suspension pursuant to subparagraph (A) shall
terminate if the person has been convicted of a violation arising out
of the same occurrence and all of the following conditions are met:
(i) The person is eligible for a restricted driver's license
pursuant to Section 13352.
(ii) The person installs an ignition interlock device as required
in Section 13352 for that restricted driver's license.
(iii) The person complies with all other applicable conditions of
Section 13352 for a restricted driver's license.
(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 an offense
in any 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 subdivision (a)
of Section 192.5 of the Penal Code, is a conviction of that
particular section of the Vehicle Code or Penal Code.
SEC. 3. 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 or 23575, 13352, 23575, or 23700, unless
the vehicle is equipped with a functioning, certified ignition
interlock device. Any A person, whose
driving privilege is restricted pursuant to Section 13352 or
23575 13352, 23575, or 23700 shall notify any
other 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 person whose driving privilege is
restricted pursuant to Section 13352 or 23575
13352, 23575, or 23700 to request or solicit any other 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 or 23575
13352, 23575, or 23700 .
(d) It is unlawful to remove, bypass, or tamper with, an ignition
interlock device.
(e) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352 or 23575
13352, 23575, or 23700 to operate any vehicle not equipped
with a functioning ignition interlock device.
(f) Any 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 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 person who is restricted pursuant to subdivision (a) or
( l ) of Section 23575 or Section 23700 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
charge shall be imposed for the removal of the device nor shall the
manufacturer or installer 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. 2. SEC. 4. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to make conforming changes to the Vehicle Code for
statutory provisions that will be operative on July 1, 2010, it is
necessary that this act take immediate effect.