BILL NUMBER: AB 520 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN ASSEMBLY MAY 31, 2011
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 15, 2011
An act to amend Section 13353.3 Sections
12813, 13353.3, 13353.4, and 23575 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 520, as amended, Ammiano. Vehicles: reckless driving:
suspension of licenses.
Existing law requires a person's driving privilege to be suspended
upon conviction of specified driving-under-the-influence (DUI)
offenses for one year. Existing law terminates the licensing
suspension if certain conditions are met, including if the person is
eligible to apply for a restricted license. Under existing law, a
person who drives a vehicle upon a highway in willful or wanton
disregard for the safety of a person or property is guilty of
reckless driving. Existing law provides that, when a person is
charged with, and pleads guilty or nolo contendere to, reckless
driving in satisfaction of, or as a substitute for, an original
charge for a DUI, and the court accepts the plea of guilty or nolo
contendere, the conviction is a prior offense for purposes of
specified laws relating to punishments imposed for DUI convictions.
This bill would terminate a driver's license suspension, and make
the person eligible for a restricted driver's license, for a person
convicted of reckless driving in satisfaction of, or substitute for,
an original charge of driving-under-the-influence, if certain
conditions are met, including that the person complete a 90-day
suspension period and install an ignition interlock device. The bill
would require the department to advise the person of the above
conditions. The bill would require that the restricted driver's
license privilege be subject to certain restrictions, including
, among other things, that the privilege be limited
to the hours necessary for driving from the person's place of
employment upon receipt of notification from the
installer that a person has attempted to remove, bypass, or tamper
with the ignition interlock device, the privilege to
operate a motor vehicle shall immediately be suspended .
The bill would make other technical and conforming changes to
these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12813 of the Vehicle
Code is amended to read:
12813. (a) The department may, upon issuing a driver's license or
after issuance whenever good cause appears, impose restrictions
suitable to the licensee's driving ability with respect to the type
of, or special mechanical control devices required on, a motor
vehicle which the licensee may operate or impose other restrictions
applicable to the licensee that the department may determine to be
appropriate to assure the safe operation of a motor vehicle by the
licensee.
(b) The department may issue either a special restricted license
or may set forth the restrictions upon the usual license form.
(c) The authority of the department to issue restricted licenses
under this section is subject to Sections 12812, 13352, 13353.3,
and 13352.5.
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 subparagraphs (B) and
(C).
(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.
(C) The one-year suspension pursuant to subparagraph (A) shall
terminate after completion of a 90-day suspension period, and the
person shall be eligible for a restricted license if the person has
been convicted of a violation of Section 23103, as specified in
Section 23103.5, arising out of the same occurrence and all
, has no more than two prior alcohol-related
convictions within 10 years, as specified pursuant to subparagraph
(A), and all of the following conditions are met:
(i) The person satisfactorily provides, subsequent to the
underlying violation date, proof satisfactory to the department of
enrollment in a nine-month driving-under-the-influence program
licensed pursuant to Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code that consists
of at least 60 hours of program activities, including education,
group counseling, and individual interview sessions.
(ii) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
clause (i).
(iii) The person installs an ignition interlock device and submits
the "Verification of Installation" form described in paragraph (2)
of subdivision (h) of Section 13386.
(iv) The person agrees to maintain the ignition interlock device
as required pursuant to subdivision (g) of Section 23575.
(v) The person provides proof of financial responsibility, as
defined in Section 16430.
(vi) The person pays all license fees and any restriction fee
required by the department.
(vii) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(D) The department shall advise those persons that are eligible
under subparagraph (C) that after completion of 90 days of the
suspension period, the person may apply to the department for a
restricted driver's license, subject to the conditions set forth in
subparagraph (C).
(E) The restricted driving privilege shall become effective when
the department receives all of the documents and fees required under
subparagraph (C) and remain in effect for one year
at least the remaining period of the original suspension and
until the person provides satisfactory proof to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and
Safety Code . The restricted driving privilege shall be subject
to the following conditions:
(i) The restricted 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.
(ii)
(i) If the driving privilege is restricted under this
section, proof of financial responsibility, as described 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 pursuant to Section 16484 is received by the
department.
(iii)
(ii) For the purposes of this section, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit may not be
given to a program activity completed prior to the date of the
current violation.
(iv)
(iii) The department shall terminate the restriction
issued pursuant to this section and shall suspend the privilege to
operate a motor vehicle pursuant to subparagraph (A) immediately upon
receipt of notification from the driving-under-the-influence program
that the person has failed to comply with the program requirements.
The privilege shall remain suspended until the final day of the
original suspension imposed pursuant to subparagraph (A).
(v) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege is not eligible for the
restricted driver's license authorized pursuant to this section.
(vi) If, upon conviction, the court makes the determination that a
person convicted of a violation of Section 23103, as specified in
Section 23103.5, would present a traffic safety or public safety risk
if authorized to operate a motor vehicle during the period of
suspension imposed pursuant to subparagraph (A), the court may
disallow the issuance of a restricted license and the department
shall not then issue a restricted license pursuant to this section.
(iv) The department shall terminate the restriction issued
pursuant to this section and shall immediately suspend the privilege
to operate a motor vehicle pursuant to subparagraph (A) immediately
upon receipt of notification from the installer that a person has
attempted to remove, bypass, or tamper with the ignition interlock
device, has removed the device prior to the termination date of the
restriction, or fails three or more times to comply with any
requirement for the maintenance or calibration of the ignition
interlock device ordered pursuant to this section. The privilege
shall remain suspended for the remaining period of the original
suspension imposed pursuant to subparagraph (A).
(3) Notwithstanding any other 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.
(e) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege is not eligible for the
restricted driver's license authorized pursuant to this section.
SEC. 3. Section 13353.4 of the Vehicle
Code is amended to read:
13353.4. (a) Except as provided in Section 13353.3,
13353.7 , or 13353.8, the driving privilege shall not be
restored, and a restricted or hardship permit to operate a motor
vehicle shall not be issued, to a person during the suspension or
revocation period specified in Section 13353, 13353.1, or 13353.3.
(b) The privilege to operate a motor vehicle shall not be restored
after a suspension or revocation pursuant to Section 13352, 13353,
13353.1, or 13353.2 until all applicable fees, including the fees
prescribed in Section 14905, have been paid and the person gives
proof of financial responsibility, as defined in Section 16430, to
the department.
(c) This section shall become operative on September 20, 2005.
SEC. 4. Section 23575 of the Vehicle
Code is amended to read:
23575. (a) (1) In addition to any other provisions of
law, the court may require that a person convicted of a
first offense violation of Section 23152 or 23153 install a certified
ignition interlock device on any vehicle that the person owns or
operates and prohibit that person from operating a motor vehicle
unless that vehicle is equipped with a functioning, certified
ignition interlock device. The court shall give heightened
consideration to applying this sanction to a first offense violator
with 0.15 percent 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 ignition interlock device 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 Department of
Motor Vehicles, as specified in subdivision (a) of Section 1803, of
the terms of the restrictions in accordance with subdivision (a) of
Section 1804. The Department of Motor Vehicles shall place the
restriction in the person's records in the Department of Motor
Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
with subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records in the
Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device. The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
(c) The court 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.
(d) A person whose driving privilege is restricted by the court
pursuant to this section 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. 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 a requirement for the
maintenance or calibration of the ignition interlock device. There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of an
ignition interlock device restriction ordered pursuant to
subdivision (a) or ( l ). If a person fails to comply with
the court order, the court shall give notice of the fact to the
department pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if If
a person is convicted of a violation of Section
23152 or 23153 , and the offense occurred within
10 years of one or more separate violations of Section 23152 or 23153
that resulted in a conviction, or if a person is convicted of a
violation of Section 23103, as specified in Section 23103.5, and is
suspended for one year under Section 13353.3, the person may
apply to the Department of Motor Vehicles for a restricted driver's
license pursuant to Section 13352 or 13353.3 that
prohibits the person from operating a motor vehicle unless that
vehicle is equipped with a functioning ignition interlock device,
certified pursuant to Section 13386. The restriction shall remain in
effect for at least the remaining period of the original suspension
or revocation and until all reinstatement requirements in Section
13352 or 13353.3 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 or 13353.3 and shall immediately suspend or
revoke the privilege to operate a motor vehicle of a person who
attempts to remove, bypass, or tamper with the device, who has the
device removed prior to the termination date of the restriction, or
who fails three or more times to comply with any requirement for the
maintenance or calibration of the ignition interlock device ordered
pursuant to Section 13352 or 13353.3 . The privilege shall
remain suspended or revoked for the remaining period of the
originating suspension or revocation and until all reinstatement
requirements in Section 13352 or 13353.3 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 or
13353.3 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 the device and
monitor the operation of the device. The installer shall notify the
Department of Motor Vehicles 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. There is no obligation on the part of the installer
to notify the department or the court if the person has complied
with all of the requirements of this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to whom
subdivision (a) or (b) does not apply. The term of the restriction
shall be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
(m) 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. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating a vehicle
that is not owned by the person subject to this section.
(o) For the purposes of this section, "bypass" includes, but is
not limited to, either of the following:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the
vehicle's engine.