BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 55|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 55
Author: Hill (D), et al.
Amended: 5/28/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/23/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Ignition interlock devices: repeat driving under
the influence
offenders
SOURCE : Author
DIGEST : This bill, commencing July 1, 2014, requires a repeat
driving under the influence (DUI) offender to install an
ignition interlock device (IID) on his/her vehicles for a
specified period of time in order to get a restricted license or
to reinstate his/her license, as specified.
ANALYSIS :
Existing law:
1. Provides it is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to
CONTINUED
SB 55
Page
2
drive a vehicle.
2. Provides that it is unlawful for any person, while having
0.08% or more, by weight, of alcohol in his/her blood to
drive a vehicle.
3. Provides that a person who is convicted of a first DUI is
subject to the specified penalties when given probation.
4. Provides that a second or subsequent DUI offender can get
his/her license reinstated earlier if he/she agrees to
install an IID along with his/her enrollment in the required
program, proof of insurance and payment of specified fees.
5. Creates an IID pilot project in Alameda, Los Angeles,
Sacramento and Tulare Counties requiring a person convicted
of a DUI to install an IID for five months upon a first
offense, 12 months for a second offense, 24 months for a
third offense, and 36 months for a fourth or subsequent
offense.
6. Requires DMV to report to the Legislature regarding the
effectiveness of the IID pilot project to reduce the number
of first-time violations and repeat DUI offenses.
This bill:
1. Requires DMV to inform a person convicted of a DUI that
he/she is required to install an IID on each vehicle he/she
owns or operates.
2. Provides that DMV shall advise the person that the
installation of the ignition interlock device on a vehicle
does not allow a person to drive without a valid driver's
license.
3. Provides that a person is required to install an IID as a
condition of being issued a restricted driver's license,
being reissued a driver's license, or having a privilege to
operate a motor vehicle reinstated subsequent to a conviction
for a violation or suspension of a driver's license.
4. Provides that if a person is convicted of a DUI, he/she must
CONTINUED
SB 55
Page
3
install an IID for 12 months if convicted of a second
offense; 24 months if convicted of a third offense; 36 months
if convicted of a fourth or subsequent offense.
5. Provides that if a person is convicted of a DUI with injury,
he/she must install an IID for 24 months if convicted of a
second offense; 36 months if convicted of a third offense;
and 48 months if convicted of a fourth or subsequent offense.
6. Provides that the term of the violation shall begin once the
person has given proof to DMV of the installment.
7. Provides that a person is exempt from the requirements if
within 30 days of the notification, the person certifies to
DMV all of the following:
The person does not own a vehicle.
The person does not have access to a vehicle at
his/her residence.
The person no longer has access to the vehicle being
driven by the person at the time he/she was arrested for a
violation that subsequently resulted in a conviction for a
violation listed in this subdivision.
The person acknowledges that he/she is only allowed to
drive a vehicle that is fitted with a functioning IID.
The person acknowledges that he/she is required to
have a valid driver's license before he or she can drive.
8. Requires every manufacturer to provide IID devices to adopt
the following fee schedule:
If the person's income is 100% of the poverty level
and below--10% of the cost of the IID.
CONTINUED
SB 55
Page
4
If the person's income is 101%-200% of the poverty
level--25% of the cost of the IID.
If the person's income is 201%-300% of the poverty
level--50% of the cost of the IID.
All other offenders are responsible for 100% of the
cost of the IID.
9. Provides that the cost of the ignition interlock device may
only be raised annually equal to the Consumer Price Index.
10.Provides that an offender's income may be verified by
presentation of that person's current federal income tax
return or three months of monthly income statements.
11.Provides that "vehicle" does not include a motorcycle until
the state certifies an ignition interlock device that can be
installed on a motorcycle, and a person subject to an IID
restriction shall not operate a motorcycle for the duration
of the IID restriction period.
12.Becomes operative on July 1, 2014.
13.Sunsets the provisions of this bill on January 1, 2016.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time programming costs to the Department of Motor Vehicles
(DMV) of $260,000 (Special Fund*).
Ongoing costs to DMV of $400,000 (Special Fund*) to administer
the statewide IID program, to be offset by fees (to be
determined by the DMV).
CONTINUED
SB 55
Page
5
Ongoing costs for installation of IIDs to be covered by the
offender or the IID provider, subject to a sliding scale
payment schedule based on income.
Increased non-reimbursable local enforcement costs offset to a
degree by fine revenue for violations of the statewide IID
requirements.
*Motor Vehicle Account
SUPPORT : (Verified 5/28/13)
Alliance of Automobile Manufactures
California Police Chiefs Association
California State Sheriffs' Association
Century Council
Crime Victims Action Alliance
Diageo
Distilled Spirits Council of the United States
National Transportation Safety Board
Peace Officers Research Association of California
San Bernardino County Sheriff
OPPOSITION : (Verified 5/28/13)
California DUI Lawyers Association
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : According to the National
Transportation Safety Board, "An alcohol ignition interlock is a
device that is connected to the ignition circuit of a vehicle
and prevents the engine from starting until a breath sample has
been provided, analyzed for ethanol content, and determined to
be lower than prescribed limits. Many systems require
additional breath samples at intervals during driving, commonly
preferred to as "running retests."
Research evaluation of ignition interlock programs over the last
two decades has found that ignition interlock devices are
effective in reducing recidivism among DWI offenders, sometimes
by as much as 62 to 75 percent. According to one estimate, if
all drivers with at least one alcohol-impaired driving
conviction within the 3 years prior to the accident used
zero-blood-alcohol-concentration interlock devices,
CONTINUED
SB 55
Page
6
approximately 1,100 deaths could be prevented per year. The
NTSB therefore recommends that all states mandate the use of
ignition interlock devices for all DWI offenders.
S.B. 55 significantly upgrades California's ignition interlock
law by mandating (1) installation of these devices for repeat
DWI offenders on every vehicle owned or operated by the offender
and (2) a restriction on the offender's driver's license record.
S.B. 55 is an excellent first step to reducing crashes,
injuries, and deaths involving alcohol-impaired drivers.
ARGUMENTS IN OPPOSITION : California Attorneys for Criminal
Justice writes, " This bill creates a statutory scheme whereby
requiring a person to install an ignition interlock device (IID)
to any vehicle owned as a condition of being issued to
restricted driver's license. The amount of time the IID would
be installed would be based on the number of conviction as
prescribed in the statutory scheme.
This bill creates many onerous requirements for those persons
attempting to drive with a restricted driver's license. The
bill requires the Department of Motor Vehicles to notify the
person of the IID requirements established under the bill,
accept notifications from the installer of attempts to tamper,
bypass, or remove the IID, and if the person fails three or more
times to keep up with maintenance requirements. This bill also
creates a fee schedule for payments of cost based on the
offender's ability to pay. We believe this cost, even if
adjusted to reflect the offender's ability to pay, is an
unnecessary additional cost.
JG:d 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED