Amended in Assembly August 5, 2013

Amended in Senate May 28, 2013

Amended in Senate May 6, 2013

Senate Bill No. 55

Introduced by Senator Hill

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(Coauthor: Assembly Member Cooley)

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(Principal coauthor: Assembly Member Cooley)

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December 28, 2012

An act to begin insert amend Section 23576 of, and to end insert add and repeal Chapter 5.1 (commencing with Section 23710) begin delete to end delete begin insert of end insert Division 11.5 begin delete of end delete begin insert of, end insert the Vehicle Code, relating to ignition interlock devices.

LEGISLATIVE COUNSEL’S DIGEST

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, begin delete 2014, end delete begin insert 2015, end insert 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 begin delete a end delete begin insert an alcohol end insert begin insert -related end insert 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. The bill would repeal these provisions on January 1, 2016.

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:

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begin insert SECTION 1. end insert   

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begin insert Section 23576 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

23576.  

(a) Notwithstanding Sections 23575 and 23700, begin insert or
Section 23710, end insert if a person is required to operate a motor vehicle
in the course and scope of his or her employment and if the vehicle
is owned by the employer, the person may operate that vehicle
without installation of an approved ignition interlock device if the
employer has been notified by the person that the person’s driving
privilege has been restricted pursuant to Sections 23575 and 23700 begin insert ,
or pursuant to Section 23710, end insert and if the person has proof of that
notification in his or her possession, or if the notice, or a facsimile
copy thereof, is with the vehicle.

(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to
Sections 23575 and 23700, begin insert or Section 23710, end insert is not a motor vehicle
owned by the employer subject to the exemption in subdivision
(a).

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begin insert SEC. 2. end insert   

Chapter 5.1 (commencing with Section 23710) is added
to Division 11.5 of the Vehicle Code, to read:

 

Chapter  5.1. Repeat Offender Ignition Interlock Devices

 

23710.  

(a) (1) Notwithstanding any other begin delete provision of end delete law,
begin insert and except as provided in Section 23700, end insert the Department of Motor
Vehicles, upon receipt of the court’s abstract conviction for a
violation listed in paragraph (7), shall inform the convicted person
of the requirements of this section, including the term for which
the person is required to have a certified ignition interlock device
installed. The records of the department shall reflect the mandatory
use of the device for the term required and the time when the device
is required to be installed by this code.

(2) The department 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.

(3) Before a driver’s license may be issued, reissued, or returned
to a person after a suspension or revocation of that person’s driving
privilege that requires the installation of an ignition interlock
device, a person who is notified by the department pursuant to
paragraph (1) shall complete all of the following:

(A) Arrange for each vehicle owned or operated by the person
to be fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.

(B) Provide the department proof of installation by submitting
the “Verification of Installation” form described in paragraph (2)
of subdivision (g) of Section 13386.

(C) Pay the fee, determined by the department, that is sufficient
to cover the reasonable costs of administration of this section.

(4) The department shall place a restriction on the driver’s
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified ignition
interlock device.

(5) (A) A person who is notified by the department pursuant
to paragraph (1) 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.

(B) The installer shall notify the department 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.

(6) The department shall monitor the installation and
maintenance of the ignition interlock device installed pursuant to
paragraph (1).

(7) A person is required to install an ignition interlock device
for the applicable term 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 subsequent to a
conviction for a violation or a suspension of a person’s driver’s
license, as follows:

(A) A person convicted of begin delete a end delete begin insert an alcohol end insert begin insert -related end insert violation of
Section 23152 shall be required to install an ignition interlock
device, as follows:

(i) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person
for a mandatory term of 12 months.

(ii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person
for a mandatory term of 24 months.

(iii) Upon a fourth offense or any subsequent violation, the
person shall install an ignition interlock device in all vehicles
owned or operated by that person for a mandatory term of 36
months.

(B) A person convicted of begin delete a end delete begin insert an alcohol end insert begin insert -related end insert violation of
Section 23153 shall install an ignition interlock device, as follows:

(i) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person
for a mandatory term of 24 months.

(ii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person
for a mandatory term of 36 months.

(iii) Upon a fourth offense or any subsequent violation, the
person shall install an ignition interlock device in all vehicles
owned or operated by that person for a mandatory term of 48
months.

(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.

(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision
if within 30 days of the notification, the person certifies to the
department all of the following:

(A) The person does not own a vehicle.

(B) The person does not have access to a vehicle at his or her
residence.

(C) The person no longer has access to the vehicle being driven
by the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.

(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.

(E) The person acknowledges that he or she is required to have
a valid driver’s license before he or she can drive.

(F) The person is subject to the requirements of this section
when he or she purchases or has access to a vehicle.

(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
to this section.

(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.

(b) (1) Every manufacturer and manufacturer’s agent certified
by the department to provide ignition interlock devices, under
Section 13386, shall adopt the following fee schedule that provides
for the payment of the costs of the ignition interlock device by
offenders subject to this chapter in amounts commensurate with
that person’s income relative to the federal poverty level, as defined
in Section 127400 of the Health and Safety Code:

(A) A person with an income at 100 percent of the federal
poverty level and below is responsible for 10 percent of the cost
of the ignition interlock device. The ignition interlock device
provider is responsible for absorbing the cost of the ignition
interlock device that is not paid by the person.

(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the ignition
interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.

(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the ignition
interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.

(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.

(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.

(3) The offender’s income may be verified by presentation of
that person’s current federal income tax return or three months of
monthly income statements.

(c) This section does not permit a person to drive without a valid
driver’s license.

(d) The requirements of this section are in addition to any other
requirements of law. A person subject to this section shall comply
with all applicable provisions of Section 13352 before a driver’s
license may be issued, reissued, or returned to the person.

(e) 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. A person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.

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(f) The department shall utilize best practices and use
information collected from the implementation of the pilot program
established pursuant to Section 23700 in implementing this section.

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(g) Personally identifiable information that is obtained by any
ignition interlock company pertaining to offenders who are subject
to the provisions of this chapter shall not be disclosed, sold, or
transferred to any third party, except to provide information that
the offender successfully fulfilled or did not successfully fulfill the
requirements of this chapter.

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(f)

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begin insert (h) end insert  This section shall become operative on July 1, begin delete 2014 end delete begin insert 2015 end insert .

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(g)

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begin insert (i) end insert  This begin delete section end delete begin insert chapter end insert shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

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begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.