BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 520|
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THIRD READING
Bill No: AB 520
Author: Ammiano (D)
Amended: 9/2/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 07/05/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 6-3, 08/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : Not relevant
SUBJECT : DUI: Ignition interlock devices
SOURCE : California DUI Lawyers Association
DIGEST : This bill allows a person who is convicted of a
wet reckless the ability to apply for a restricted license
early if he or she complies with specified requirements
including installing an ignition interlock device.
Senate Floor Amendments of 9/1/11 make technical and
clarifying changes as requested by DMV to conform the
language to existing procedures.
ANALYSIS : Existing law, which became operative on July
1, 2010, authorizes a person who has been convicted of
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specified driving under the influence (DUI) offenses and
who has had his or her driving privilege suspended or
revoked by the court to apply to DMV for a restricted
driver's license if specified conditions are met including
that the person has installed an ignition interlock device
(IID). (Vehicle Code §§ 13352, 13352.5, 23109, 23550,
23550.5, 23552, 23566, and 23568)
Existing law provides that the Department of Motor Vehicles
(DMV) shall suspend the driving privilege of a person if
the person was driving with a blood alcohol level of .08%
or more, or if the person was under 21 years of age with a
blood alcohol of 0.01% or more. If the person has had a
prior driving in excess of the blood alcohol limits within
10 years, the length of suspension shall be for 24 months
with the ability to seek a restricted license within 12
months. (Vehicle Code § 23542.)
Existing law provides that an order to suspend a person's
driving privilege by DMV shall become effective 30 days
after the person is served with notice and specifies how
long the suspension of the driving privilege shall last.
(Vehicle Code § 13353.3.)
This bill allows a person who is convicted of reckless
driving under Vehicle Code section 13353.2 (wet reckless)
to apply to apply to the Department of Motor Vehicles for a
restricted driver's license after a 90-day suspension
period if specified conditions are met including that the
person has installed an ignition interlock device. This
bill requires that the restricted driver's license
privilege be subject to certain restrictions, including,
among other things, that 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.
This bill makes other technical and conforming changes to
these provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
DMV implementation $160 $0 $0Special*
DMV administration $5** $10**
$10** Special*
*Motor Vehicle Account
** Ongoing costs fully offset by fees
SUPPORT : (Verified 9/2/11)
California DUI Lawyers Association (source)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : According to the author's office:
Under current law, persons with a current DUI who also
have a prior DUI have the option to participate in the
Ignition Interlock Device program after 90 days of
license suspension. However, persons with a "wet and
reckless" violation who have a prior DUI do not have
this same option to participate, even though a "wet
and reckless" offense is a lower offense. AB 520
would simply correct this oversight and allow for
persons with a "wet and reckless" without bodily
injury, and who have a prior DUI, to participate in
the Ignition Interlock Device program after 90 days of
license suspension.
RJG:nl 9/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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