SB 55, as introduced, Hill. Ignition interlock devices: repeat driving under the influence offenders.
Existing law requires a person’s privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver’s license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person’s vehicle.
This bill would establish a statutory scheme under which, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated for a 2nd or subsequent conviction for a violation of the above offenses, require a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would require the department, with regard to the installation of an ignition interlock device described above, to notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. The bill would also require that manufacturers and manufacturer’s agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender’s ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program.
Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 5.1 (commencing with Section 23710)
2is added to Division 11.5 of the Vehicle Code, to read:
3
(a) (1) Notwithstanding any other provision of law,
7the Department of Motor Vehicles, upon receipt of the court’s
8abstract conviction for a violation listed in paragraph (7), shall
9inform the convicted person of the requirements of this section,
10including the term for which the person is required to have a
11certified ignition interlock device installed. The records of the
12department shall reflect the mandatory use of the device for the
13term required and the time when the device is required to be
14installed by this code.
P3 1(2) The department shall advise the person that installation of
2an ignition interlock device on a vehicle does not allow the person
3to drive without a valid driver’s license.
4(3) Before a driver’s license may be issued, reissued, or returned
5to a person after a suspension or revocation of that person’s driving
6privilege that requires the installation of an ignition interlock
7device, a person who is notified by the department pursuant to
8paragraph (1) shall complete all of the following:
9(A) Arrange for each vehicle owned or operated by the person
10to be fitted with an ignition interlock device by a certified ignition
11interlock device provider under Section 13386.
12(B) Provide the department proof of installation by submitting
13the “Verification of Installation” form described in paragraph (2)
14of subdivision (g) of Section 13386.
15(C) Pay the fee, determined by the department, that is sufficient
16to cover the reasonable costs of
administration of this section.
17(4) The department shall place a restriction on the driver’s
18license record of the convicted person that states the driver is
19restricted to driving only vehicles equipped with a certified ignition
20interlock device.
21(5) (A) A person who is notified by the department pursuant to
22paragraph (1) shall arrange for each vehicle with an ignition
23interlock device to be serviced by the installer at least once every
2460 days in order for the installer to recalibrate and monitor the
25operation of the device.
26(B) The installer shall notify the department if the device is
27removed or indicates that the person has attempted to remove,
28bypass, or tamper with the device, or if the person fails three or
29more times to comply with any requirement for the maintenance
30or calibration of the ignition interlock
device.
31(6) The department shall monitor the installation and
32maintenance of the ignition interlock device installed pursuant to
33paragraph (1).
34(7) A person is required to install an ignition interlock device
35for the applicable term as a condition of being issued a restricted
36driver’s license, being reissued a driver’s license, or having the
37privilege to operate a motor vehicle reinstated subsequent to a
38conviction for a violation or a suspension of a person’s driver’s
39license, as follows:
P4 1(A) A person convicted of a violation of Section 23152 shall
2be required to install an ignition interlock device, as follows:
3(i) Upon a second offense, the person shall install an ignition
4interlock device in all vehicles owned or operated by that person
5for a
mandatory term of 12 months.
6(ii) Upon a third offense, the person shall install an ignition
7interlock device in all vehicles owned or operated by that person
8for a mandatory term of 24 months.
9(iii) Upon a fourth offense or any subsequent violation, the
10person shall install an ignition interlock device in all vehicles
11owned or operated by that person for a mandatory term of 36
12months.
13(B) A person convicted of a violation of Section 23153 shall
14install an ignition interlock device, as follows:
15(i) Upon a second offense, the person shall install an ignition
16interlock device in all vehicles owned or operated by that person
17for a mandatory term of 24 months.
18(ii) Upon a third offense, the
person shall install an ignition
19interlock device in all vehicles owned or operated by that person
20for a mandatory term of 36 months.
21(iii) Upon a fourth offense or any subsequent violation, the
22person shall install an ignition interlock device in all vehicles
23owned or operated by that person for a mandatory term of 48
24months.
25(C) The terms prescribed in this paragraph shall begin once a
26person has provided to the department proof of installation pursuant
27to paragraph (2) of subdivision (h) of Section 13386 and upon
28restoration of the driving privilege pursuant to Section 13352.
29(8) A person who is notified by the department, pursuant to this
30subdivision, is exempt from the requirements of this subdivision
31if within 30 days of the notification, the person certifies to the
32department all of the following:
33(A) The person does not own a vehicle.
34(B) The person does not have access to a vehicle at his or her
35residence.
36(C) The person no longer has access to the vehicle being driven
37by the person at the time he or she was arrested for a violation that
38subsequently resulted in a conviction for a violation listed in this
39subdivision.
P5 1(D) The person acknowledges that he or she is only allowed to
2drive a vehicle that is fitted with a functioning ignition interlock
3device.
4(E) The person acknowledges that he or she is required to have
5a valid driver’s license before he or she can drive.
6(F) The person is subject to the requirements of
this section
7when he or she purchases or has access to a vehicle.
8(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
9to this section.
10(10) If a person fails to comply with any of the requirements
11regarding ignition interlock devices, the mandatory term for which
12the ignition interlock device is required to be installed shall be
13reset by the department.
14(b) (1) Every manufacturer and manufacturer’s agent certified
15by the department to provide ignition interlock devices, under
16Section 13386, shall adopt the following fee schedule that provides
17for the payment of the costs of the ignition interlock device by
18offenders subject to this chapter in amounts commensurate with
19that person’s income relative to the federal poverty level, as defined
20in Section 127400 of the Health and Safety
Code:
21(A) A person with an income at 100 percent of the federal
22poverty level and below is responsible for 10 percent of the cost
23of the ignition interlock device. The ignition interlock device
24provider is responsible for absorbing the cost of the ignition
25interlock device that is not paid by the person.
26(B) A person with an income at 101 to 200 percent of the federal
27poverty level is responsible for 25 percent of the cost of the ignition
28interlock device. The ignition interlock device provider is
29responsible for absorbing the cost of the ignition interlock device
30that is not paid by the person.
31(C) A person with an income at 201 to 300 percent of the federal
32poverty level is responsible for 50 percent of the cost of the ignition
33interlock device. The ignition interlock device provider is
34responsible for absorbing
the cost of the ignition interlock device
35that is not paid by the person.
36(D) All other offenders are responsible for 100 percent of the
37cost of the ignition interlock device.
38(2) The cost of the ignition interlock device may only be raised
39annually equal to the Consumer Price Index.
P6 1(3) The offender’s income may be verified by presentation of
2that person’s current federal income tax return or three months of
3monthly income statements.
4(c) This section does not permit a person to drive without a valid
5driver’s license.
6(d) The requirements of this section are in addition to any other
7requirements of law.
8(e) For the purposes
of this section, “vehicle” does not include
9a motorcycle until the state certifies an ignition interlock device
10that can be installed on a motorcycle. A person subject to an
11ignition interlock device restriction shall not operate a motorcycle
12for the duration of the ignition interlock device restriction period.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
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