SB 55, as amended, 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, commencing July 1, 2014, 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, a person would be required 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.begin insert The bill would repeal these provisions on January 1, 2016.end insertbegin insertend insert
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
P3 1abstract conviction for a violation listed in paragraph (7), shall
2inform the convicted person of the requirements of this section,
3including the term for which the person is required to have a
4certified ignition interlock device installed. The records of the
5department shall reflect the mandatory use of the device for the
6term required and the time when the device is required to be
7installed by this code.
8(2) The department shall advise the person that installation of
9an ignition interlock device on a vehicle does not allow the person
10
to drive without a valid driver’s license.
11(3) Before a driver’s license may be issued, reissued, or returned
12to a person after a suspension or revocation of that person’s driving
13privilege that requires the installation of an ignition interlock
14device, a person who is notified by the department pursuant to
15paragraph (1) shall complete all of the following:
16(A) Arrange for each vehicle owned or operated by the person
17to be fitted with an ignition interlock device by a certified ignition
18interlock device provider under Section 13386.
19(B) Provide the department proof of installation by submitting
20the “Verification of Installation” form described in paragraph (2)
21of subdivision (g) of Section 13386.
22(C) Pay the fee, determined by the department, that is sufficient
23to cover the reasonable costs of administration of this section.
24(4) The department shall place a restriction on the driver’s
25license record of the convicted person that states the driver is
26restricted to driving only vehicles equipped with a certified ignition
27interlock device.
28(5) (A) A person who is notified by the department pursuant to
29paragraph (1) shall arrange for each vehicle with an ignition
30interlock device to be serviced by the installer at least once every
3160 days in order for the installer to recalibrate and monitor the
32operation of the device.
33(B) The installer shall notify the
department if the device is
34removed or indicates that the person has attempted to remove,
35bypass, or tamper with the device, or if the person fails three or
36more times to comply with any requirement for the maintenance
37or calibration of the ignition interlock device.
38(6) The department shall monitor the installation and
39maintenance of the ignition interlock device installed pursuant to
40paragraph (1).
P4 1(7) A person is required to install an ignition interlock device
2for the applicable term as a condition of being issued a restricted
3driver’s license, being reissued a driver’s license, or having the
4privilege to operate a motor vehicle reinstated subsequent to a
5conviction for a violation or a suspension of a person’s driver’s
6license, as follows:
7(A) A person convicted of a violation of Section 23152 shall
8be required to install an ignition interlock device, as follows:
9(i) Upon a second offense, the person shall install an ignition
10interlock device in all vehicles owned or operated by that person
11for a mandatory term of 12 months.
12(ii) Upon a third offense, the person shall install an ignition
13interlock device in all vehicles owned or operated by that person
14for a mandatory term of 24 months.
15(iii) Upon a fourth offense or any subsequent violation, the
16person shall install an ignition interlock device in all vehicles
17owned or operated by that person for a mandatory term of 36
18months.
19(B) A person convicted of a violation of Section 23153 shall
20install an ignition interlock device, as follows:
21(i) Upon a second offense, the person shall install an ignition
22interlock device in all vehicles owned or operated by that person
23for a mandatory term of 24 months.
24(ii) Upon a third offense, the person shall install an ignition
25interlock device in all vehicles owned or operated by that person
26for a mandatory term of 36 months.
27(iii) Upon a fourth offense or any subsequent violation, the
28person shall install an ignition interlock device in all vehicles
29owned or operated by that person for a mandatory term of 48
30months.
31(C) The terms prescribed in this paragraph shall begin once a
32person has provided to the department proof of installation pursuant
33to paragraph (2) of subdivision (h) of Section 13386 and upon
34restoration of the driving privilege pursuant to Section 13352.
35(8) A person who is notified by the department, pursuant to this
36subdivision, is exempt from the requirements of this subdivision
37if within 30 days of the notification, the person certifies to the
38department all of the following:
39(A) The person does not own a vehicle.
P5 1(B) The person does not have access to a vehicle at his or her
2residence.
3(C) The person no longer has access to the vehicle being driven
4by the person at the time he or she was arrested for a violation that
5subsequently resulted in a conviction for a violation listed in this
6subdivision.
7(D) The person acknowledges that he or she is only allowed to
8drive a vehicle that is fitted with a functioning ignition interlock
9device.
10(E) The person acknowledges that he or she is required to have
11a valid driver’s license before he or she can drive.
12(F) The person is subject to the requirements of this section
13when he or she purchases or has access to a vehicle.
14(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
15to
this section.
16(10) If a person fails to comply with any of the requirements
17regarding ignition interlock devices, the mandatory term for which
18the ignition interlock device is required to be installed shall be
19reset by the department.
20(b) (1) Every manufacturer and manufacturer’s agent certified
21by the department to provide ignition interlock devices, under
22Section 13386, shall adopt the following fee schedule that provides
23for the payment of the costs of the ignition interlock device by
24offenders subject to this chapter in amounts commensurate with
25that person’s income relative to the federal poverty level, as defined
26in Section 127400 of the Health and Safety Code:
27(A) A person with an income at 100
percent of the federal
28poverty level and below is responsible for 10 percent of the cost
29of the ignition interlock device. The ignition interlock device
30provider is responsible for absorbing the cost of the ignition
31interlock device that is not paid by the person.
32(B) A person with an income at 101 to 200 percent of the federal
33poverty level is responsible for 25 percent of the cost of the ignition
34interlock device. The ignition interlock device provider is
35responsible for absorbing the cost of the ignition interlock device
36that is not paid by the person.
37(C) A person with an income at 201 to 300 percent of the federal
38poverty level is responsible for 50 percent of the cost of the ignition
39interlock device. The ignition interlock device provider is
P6 1responsible for absorbing the
cost of the ignition interlock device
2that is not paid by the person.
3(D) All other offenders are responsible for 100 percent of the
4cost of the ignition interlock device.
5(2) The cost of the ignition interlock device may only be raised
6annually equal to the Consumer Price Index.
7(3) The offender’s income may be verified by presentation of
8that person’s current federal income tax return or three months of
9monthly income statements.
10(c) This section does not permit a person to drive without a valid
11driver’s license.
12(d) The requirements of this section are in addition to any other
13requirements of
law. A person subject to this section shall comply
14with all applicable provisions of Section 13352 before a driver’s
15license may be issued, reissued, or returned to the person.
16(e) For the purposes of this section, “vehicle” does not include
17a motorcycle until the state certifies an ignition interlock device
18that can be installed on a motorcycle. A person subject to an
19ignition interlock device restriction shall not operate a motorcycle
20for the duration of the ignition interlock device restriction period.
21(f) This section shall become operative on July 1, 2014.
begin insert
22(g) This section shall remain in effect only until January 1, 2016,
23and as of that date is
repealed, unless a later enacted statute, that
24is enacted before January 1, 2016, deletes or extends that date.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.
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