BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 55
                                                                  Page 1

          Date of Hearing:  August 13, 2013
          Counsel:       Shaun Naidu


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      SB 55 (Hill) - As Amended:  August 5, 2013

                                    FOR VOTE ONLY
          

           SUMMARY  :   Requires a person convicted of driving under the  
          influence (DUI), as specified, for a second or subsequent time  
          to install an ignition interlock device (IID) on his or her  
          vehicles for a specified time period in order to receive a  
          restricted driver's license or to reinstate his or her driving  
          privileges.  Specifically,  this bill  :   

          1)Requires the Department of Motor Vehicle (DMV) to inform a  
            person convicted of a specified second or subsequent DUI  
            offense of the requirements of the offender to install a  
            certified IID on each vehicle he or she owns or operates.

          2)Requires DMV to advise the person that the installation of the  
            IID on a vehicle does not allow a person to drive without a  
            valid driver's license.

          3)Provides that before a driver's license may be issued,  
            reissued, or returned to a person after a suspension or  
            revocation of his or her driving privilege that requires an  
            IID, the person is required to arrange for each vehicle he or  
            she owns or operates to be fitted by an IID by a certified IID  
            provider; provide DMV proof of installation of the IID, as  
            specified; and pay specified costs to DMV to administer the  
            IID requirements.  Requires DMV to place a restriction on the  
            driver's license record that states the driver is restricted  
            to driving only vehicles equipped with a certified IID.

          4)Requires a person who is notified of the IID requirement by  
            this bill to arrange for each vehicle with an IID to be  
            serviced by the installer at least every 60 days for  
            recalibration and monitoring of the device by the installer.

          5)Requires the installer to notify DMV if the device is removed  








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            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 maintenance or calibration  
            requirements of the IID.  Requires DMV to monitor the  
            installation and maintenance of the IID.

          6)Requires a person who is convicted of an alcohol-related DUI  
            (with no injury) to install an IID for 12 months if convicted  
            of a second offense, 24 months if convicted of a third  
            offense, and 36 months if convicted of a fourth or subsequent  
            offense. 

          7)Requires a person who is convicted of an alcohol-related DUI  
            with injury to 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.

          8)Provides that the terms prescribed directly above shall begin  
            once the person has given DMV proof of installation of the IID  
            and driving privileges have been restored.
                
           9)Provides that a person is exempt from the requirements of  
            installing an IID if within 30 days of the notification by  
            DMV, the person certifies to DMV 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 that was  
               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 bill;

             d)   The person acknowledges that he or she is only allowed  
               to drive a vehicle that is fitted with a functioning IID;  
               and,

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

          10)Requires every IID manufacturer to adopt the following fee  
            schedule, with the IID provider absorbing the remainder of the  
            cost not paid by the person:








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             a)   If the person's income is 100% of the poverty level and  
               below, the person is responsible for 10% of the IID cost;

             b)   If the person's income is 101%-200% of the poverty  
               level, the person is responsible for 25% of the IID cost;

             c)   If the person's income is 201%-300% of the poverty  
               level, the person is responsible for 50% of the IID cost;  
               and,

             d)   All other offenders are responsible for 100% of the IID  
               cost.

          11)Provides that the cost of the IID may only be raised annually  
            equal to the Consumer Price Index.

          12)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.

          13)Provides that "vehicle" does not include a motorcycle until  
            the state certifies an IID 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.

          14)Allows a person who is otherwise required by the provisions  
            of this bill to install an IID into each vehicle he or she  
            operates, to operate a vehicle without an IID in the course  
            and scope of his or her employment if the vehicle is owned by  
            the employer (that is not completely or partly owned by the  
            person) and the employer has been notified of the person's  
            driving restrictions pursuant to the provisions of this bill.

          15)Requires DMV to utilize best practices and use information  
            collected from the implementation of the pilot program  
            established by AB 91 (Feuer), Chapter 217, Statutes of 2009  
            (Vehicle Code Section 23700) in implementing the provisions of  
            this bill.

          16)Prohibits the disclosure, selling, or transfer to any third  
            party, except as specified, of the personally-identifiable  
            information that is obtained by any ignition interlock company  
            pertaining to persons who are required to install IIDs  








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            pursuant to the provisions of this bill.

          17)Provides that the provisions of this bill are in effect from  
            July 1, 2015 to January 1, 2016.

           EXISTING LAW  : 

          1)Prohibits 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 drive a vehicle.  [Vehicle  
            Code Section 23152(a).]

          2)Prohibits any person, while having 0.08% or more, by weight,  
            of alcohol in his or her blood to drive a vehicle.  [Vehicle  
            Code Section 23152(b).]

          3)Prohibits any person, while under the influence of any  
            alcoholic beverage or drug, or under the combined influence of  
            any alcoholic beverage and drug, to drive a vehicle and  
            concurrently do any act forbidden by law, or neglect any duty  
            imposed by law in driving the vehicle, and consequently  
            proximately causing bodily injury to any person other than the  
            driver.  [Vehicle Code Section 23153(a).]

          4)Prohibits any person, while having 0.08% or more, by weight,  
            of alcohol in his or her blood to drive a vehicle and  
            concurrently do any act forbidden by law, or neglect any duty  
            imposed by law in driving the vehicle, and consequently  
            proximately causing bodily injury to any person other than the  
            driver.  [Vehicle Code Section 23153(b).]

          5)Subjects a person who is convicted of a first DUI (without  
            injury) of the following penalties:

             a)   Possible 48 hours to 6 months in jail;

             b)   $390 to $1,000 fine plus penalty assessments;

             c)   Completion of a 3-month treatment program, or a 9-month  
               program if the blood alcohol content (BAC) was .20% or  
               more; and,

             d)   Suspension or revocation of driving privileges for 6  
               months, or 9 months if a treatment program was ordered.









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             e)   Restricted license may be sought upon proof of  
               enrollment or completion of a program, proof of financial  
               responsibility, and payment of fees; however, the court may  
               disallow the restricted license.  [Vehicle Code Sections  
               13352(a)(1), 13352.1, 13352.4, 23538(a)(3).]

          6)Subjects a person who is convicted of a second DUI (without  
            injury) within 10 years of a prior specified offense of the  
            following penalties:

             a)   If the sentence includes probation:

               i)     96 hours to 1 year in jail;

               ii)    $390 to $1,000 fine plus penalty assessments;

               iii)   Completion of an 18-month or 30-month  
                 driving-under-the-influence program; and,

               iv)    Suspension of driving privileges for 2 years.

               v)     Restricted license may be sought upon proof of  
                 enrollment or completion of a program, proof of financial  
                 responsibility, and payment of fees; however, the court  
                 may disallow the restricted license.  (Vehicle Code  
                 Section 23542.)

             b)   If the sentence does not include probation:

               i)     90 days to 1 year in jail;

               ii)    $390 to $1,000 fine plus penalty assessments; and,

               iii)   Suspension of driving privileges for 2 years.

               iv)    Restricted license may be sought upon proof of  
                 enrollment or completion of a program, proof of financial  
                 responsibility, and payment of fees; however, the court  
                 may disallow the restricted license.  (Vehicle Code  
                 Section 23540.)

          7)Subjects a person who is convicted of a third or subsequent  
            DUI (without injury) within 10 years of a prior specified  
            offense of the following penalties:









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             a)   Imprisonment in county jail pursuant to realignment or  
               for 180 days to 1 year in jail;

             b)   $390 to $1,000 fine plus penalty assessments; and,

             c)   Suspension of driving privileges for 4 years.

             d)   Restricted license may be sought upon proof of  
               enrollment or completion of a program, proof of financial  
               responsibility, and payment of fees; however, the court may  
               disallow the restricted license.  (Vehicle Code Section  
               23550.)

          8)Subjects a person who is convicted of a first DUI with injury  
            of the following penalties:

             a)   If the sentence includes probation:

               i)     5 days to one year in jail;

               ii)    $390 to $1,000 fine plus penalty assessments;

               iii)   1 year driver's license suspension;

               iv)    3-month treatment program or a 9-month program if  
                 the BAC was .20% or more or if the person refused to take  
                 a chemical test; and,

               v)     The additional penalties that apply to a first DUI  
                 without injury offense.  (Vehicle Code Section 23556.)

             b)   If the sentence does not include probation:

               i)     16 months or 2 or 3 years in state prison or 90 days  
                 to 1 year in county jail;

               ii)    $390 to $1,000 fine plus 250% penalty assessments;  
                 and,

               iii)   1 year driver's license suspension.  (Vehicle Code  
                 Section 23554.)

          9)Provides that the DMV is required to advise a person convicted  
            of a second or third DUI offense that after completion of 12  
            months of the driver's license suspension period, generally,  








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            the person may apply for a restricted license if the following  
            conditions are met:

             a)   The person provides proof of enrollment in an 18-month  
               or 30-month driving-under-the-influence program;

             b)   The person agrees to continued satisfactory  
               participation in the program;

             c)   The person submits proof of installation of an IID;

             d)   The person provides proof of financial responsibility  
               (insurance); and,

             e)   The person pays all specified fees.  [Vehicle Code  
               Section 13352(a)(3),(5).] 

          10)Provides that if a first-time DUI offender is found to have a  
            BAC of .20% or above or who refused to take a chemical test,  
            the court shall refer the offender to participate in a 9-month  
            licensed program, as specified.  [Vehicle Code Section  
            23538(b)(2).]

          11)Provides that a first-time DUI offender sentenced to a  
            9-month program because of a high BAC or a refusal shall have  
            his or her license suspended for 10 months and that the person  
            may not have his or her license reinstated until the person  
            gives proof of insurance and proof of completion of the  
            required program.  (Vehicle Code Section 13352.1.)

          12)Provides that a person convicted of a first-time DUI may  
            apply for a restricted license for driving to, from, and for  
            work and to and from a driving-under-the-influence program if  
            specified requirements are met, including payment of all  
            applicable fees, submission of proof of insurance and proof of  
            participation in a program.  (Vehicle Code Section 13352.4.)

          13)Provides that a second or subsequent DUI offender can get his  
            or her license reinstated earlier if he or she agrees to  
            install an IID along with his or her enrollment in the  
            required program, proof of insurance and payment of specified  
            fees.  [Vehicle Code Sections 13352(a)(3)(B), (a)(4)(B),  
            (a)(5)(C), (a)(6)(B), (a)(7)(B)-(C).]

          14)Allows the court to require a first-time DUI offender to  








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            install a certified IID on any vehicle that the person owns or  
            operates and prohibit that person from operating a vehicle  
            unless it is equipped with a functioning, certified IID.   
            (Vehicle Code Section 23575.)

          15)Creates an IID pilot program in Alameda, Los Angeles,  
            Sacramento and Tulare counties requiring a person convicted of  
            a DUI (without injury) to install an IID for 5 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 and 12 months for a first offense, 24 months for a  
            second offense, 36 months for a third offense, and 48 months  
            for a fourth or subsequent conviction of a DUI with injury.   
            (Vehicle Code Section 23700.)

          16)Allows a person who is otherwise required by the pilot  
            program described above or as a first-time DUI offender to  
            install an IID into each vehicle he or she operates, to  
            operate a vehicle without an IID in the course and scope of  
            his or her employment if the vehicle is owned by the employer  
            (that is not completely or partly owned by the person) and the  
            employer has been notified of the person's driving  
            restrictions pursuant to this bill.  (Vehicle Code Section  
            23576.)

          17)Requires DMV, on or before January 1, 2015, to report to the  
            Legislature regarding the effectiveness of the IID pilot  
            program to reduce the number of first-time and repeat DUI  
            offenses.  (Vehicle Code Section 23701.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Under current  
            law, installation of IIDs is optional for repeat offenders.   
            Only about 20 percent of those who have a choice of installing  
            an IID or driving on a restricted license opt for IID  
            installation.

            "In 2009, the most recent year in which conviction data is  
            available, there were 161,074 DUI convictions in California.   
            Of those, 117,642 or 73 percent were first time offenders and  
            43,432 or 27 percent were repeat offenders.  The same year,  
            drunk drivers killed more than 1,200 people and injured 26,000  








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            in California.  Repeat DUI offenders were responsible for a  
            third of the deaths and two-thirds of the injuries."

           2)Pilot Program  : In 2009, the Legislature created a pilot  
            program in Alameda, Los Angeles, Sacramento, and Tulare  
            counties that mandates the use of IIDs for all DUI offenders.   
            (Vehicle Code Section 23700; AB 91 (Feuer), Chapter 217,  
            Statutes of 2009.)  The rationale for a pilot program was to  
            determine the impact of a mandatory IID program on reducing  
            recidivism in California.  While the impact of IIDs has been  
            studied elsewhere, with mixed results, the comparisons are not  
            perfect.  While some of the other states began mandating IID,  
            at the same time they strengthened other sanctions. California  
            has had a complex group of sanctions including high fines,  
            jail time, licensing sanctions, mandatory  
            driving-under-the-influence treatment programs, and optional  
            IIDs in place since the mid-1980s with sanctions being  
            evaluated, changed, and strengthened on an ongoing basis.   
            With a pilot program, DMV can evaluate how best a mandatory  
            IID system should work in California.  By evaluating four  
            counties, which encompass urban and rural areas, the counties  
            without the mandatory programs serve as the control group for  
            the researchers at DMV.  DMV's reports have helped inform the  
            Legislature on where changes need to be made and have helped  
            reduce recidivism in California.  The author points to the  
            number of DUI arrests in 2009, but that number actually was a  
            decrease from the year before.  Some other relevant statistics  
            from the 2012 DMV report, which looked at data from 2010,  
            include:

             a)   Alcohol-involved crash fatalities decreased by 15.1% in  
               2010, the biggest decline since a decreasing trend started  
               4 years ago.

             b)   The number of persons injured in alcohol-involved  
               crashes decreased by 6.6% in 2010, following a decrease of  
               8.4% in 2009.

             c)   DUI arrests decreased by 6.1% in 2010, after decreasing  
               by 2.9% in 2009.

             d)   The DUI arrest rate per 100 licensed drivers was 0.8 in  
               2010, slightly lower than 0.9 in 2007-2009, and unchanged  
               from 0.8 in 2000-2006.  This represents a 56% reduction  
               from the 1.8 rate in 1990. 








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             e)   The percentage of DUI arrests that were felonies  
               (involving bodily injury or death) decreased slightly, from  
               2.6% in 2009 to 2.5% in 2010.  Felony DUI arrests continue  
               to constitute a relatively small percentage of all DUI  
               arrests.

             f)   The 1-year recidivism rates for all first DUI offenders  
               decreased to the lowest level seen in the past 20 years.   
               The DUI re-offense rate for first-time offenders arrested  
               in 2009 was 44.7% lower than the re-offense rate for  
               first-time offenders arrested in 1990. 

             g)   The 1-year re-offense rate for second-time DUI offenders  
               also decreased to the lowest level seen in the past 20  
               years.  Recidivism decreased from 9.7% in 1990 to 5.2% in  
               2009, a 46.4% relative decrease for second-time DUI  
               offenders.

             h)   After 5 years, the percentage of DUI offenders  
               reoffending in the 1994 group was much lower, 18%, compared  
               to the percentages reoffending in the 1984 group, 27%, and  
               in the 1980 group, 35%, and was equivalent to the  
               percentage reoffending in the 2004 group, 18%. (DMV, 2012  
               Annual Report of The California DUI Management Information  
               System (January 2012) p. iii, 6, 35, and 36  
               .)

            DMV will report to the Legislature by January 1, 2015 on the  
            effectiveness of the pilot program in reducing the number of  
            first-time and repeat violations in the specified counties  
            (Vehicle Code Section 23701.)  This report conceivably could  
            include recommendations by DMV on how to improve a mandatory  
            IID scheme.  Consequently, a policy consideration facing this  
            committee is whether it would be more prudent to wait until  
            DMV reports its findings before deciding on renewing or  
            extending mandatory implementation of IIDs, as the mandate  
            created by this bill will be required of all repeat DUI  
            offenders statewide who sustain an alcohol-related DUI  
            conviction during the operative period of this bill regardless  
            of whether the provisions are later repealed or allowed to  
            sunset.

           3)Compliance vs. Effectiveness  :  The author's office states that  








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            currently-available raw data shows that the participation rate  
            for the pilot program is around 45% while the participation  
            rate in the non-pilot program counties in voluntarily  
            installing IIDs is at about 20%, and this difference is  
            indicative of the effectiveness of mandatory IID installation  
            in reducing drunk driving.  Compliance, however, is not  
            necessarily indicative of effectiveness.  Furthermore, the IID  
            installation compliance rate in the pilot program counties is  
            driven primarily by first-time offenders, who would not be  
            subject to the installation requirement of this bill, and  
            drops significantly with the greater number of DUI offenses a  
            person has sustained.  (Dept. of Motor Vehicles, Mandatory  
            Actions AB 91 Status Summary: IID Pilot Program Statistics,  
            July 1, 2010 thru October 17, 2012, p.2.)  The effectiveness  
            of IIDs in reducing recidivism in California will not be known  
            until DMV releases its report of the pilot program findings.

           4)IID Costs & the Ability to Pay  :  The cost of an IID varies  
            depending on the nature and type of the device and the  
            jurisdiction in which it is installed.  In New Mexico and  
            Arizona, USA Today placed the cost of an IID per year at  
            $1,000.  (Haya El Nasser, States Turn on to Idea of Ignition  
            Locks, USA Today (June 23, 2005)  
           news/nation/2005-06-23-drunk-driving_x.htm>.)  Costs also vary  
            depending on whether the unit is rented or purchased, with the  
            latter being more expensive.

            This bill provides that an offender is required to pay the  
                   cost of the IID, unless the person qualifies for a  
            reduced-cost IID based on his or her income.  In which case,  
            the IID provider is responsible for absorbing the portion of  
            the cost not paid by the offender.  According to DMV, the  
            reduced-cost assistance is for the cost of the device only and  
            does not include fees imposed by the installer, such as for  
            installation, removal, or on-going maintenance (which is  
            required at least every 60 days under this bill).  (Patrick  
            Barrett, Department of Motor Vehicle, July 2, 2013.)   
            Moreover, the provisions of this bill do not provide any  
            clarity on if the reduced-cost provision of this bill applies  
            solely to the installation of an IID, the rental of the device  
            (if the device is not purchased), the servicing of the device,  
            all of these costs, or just some of these costs.  As a  
            practical consideration, the committee may wish to consider  
            how a person subject to the IID mandate is able to meet his or  
            her financial obligations under this bill if he or she  








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            qualifies for cost assistance, but the assistance does not  
            apply to the installation, bimonthly recalibration and  
            monitoring, and removal, which cumulatively would cost more  
            than the IID device itself.

            Another practical consideration this committee may wish to  
            explore is how a person satisfies his or her obligations under  
            this bill if he or she otherwise meets the criteria for a  
            reduced-cost IID but cannot provide the required documents  
            (e.g., the person did not file a tax return and/or is  
            unemployed so cannot provide income statements) and cannot  
            afford the full cost of the IID.  The concern this type of  
            situation raises is that it might create a greater  
            disincentive for a person to not comply with the law and drive  
            unlicensed and uninsured.  
           
           5)Loss of Control Group  :  The pilot program is repealed  
            statutorily on January 1, 2016.  (Vehicle Code Section 23702.)  
             Consequently, DMV is required to mandate all persons  
            convicted of a DUI offense in the pilot counties through that  
            date to install IIDs on their vehicles.  The provisions of  
            this bill take effect on July 1, 2015 and cease on January 1,  
            2016.  (Page 7, lines 13-18.)  During the operative period of  
            this bill, the pilot program will be in effect resulting in  
            the loss of the control group of the pilot program, i.e., the  
            54 counties that are not subject to the IID requirement.  The  
            purpose of the control group is to determine how effective  
            mandating IIDs is in reducing repeat DUI offenses by providing  
            a comparison in the rate of DUI offenses in the pilot program  
            counties and the non-pilot program counties.  The control  
            group remains important during this latter period of the  
            program particularly in comparing the recidivism rate of  
            persons convicted of a third or subsequent DUI, as additional  
            time is needed to determine how often a person offends, should  
            DMV issue a final report after the pilot program has ended.

           6)Dual Mandates in Pilot Program Counties  :  As last heard in  
            this committee, the then-current version of this bill would  
            have subjected repeat DUI offenders in the pilot program  
            counties to dual administrative service fees by DMV, as they  
            would be subject to the mandates of both AB 91 (Feuer),  
            Chapter 217, Statutes of 2009, and this bill during the  
            overlap period discussed above, leading to a concern of  
            creating a greater disincentive for low- and no-income repeat  
            offenders to not comply with the law and consequently drive  








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            unlicensed and uninsured.  Recent amendments to this bill  
            appear to have addressed the issue of dual mandates.

           7)Driving Under the Influence of Drugs & IIDs  :  As last heard in  
            this committee, the then-current version of this bill would  
            have required IIDs on the vehicles of all DUI offenders  
            irrespective of whether the offender was under the influence  
            of alcohol, drugs, or both alcohol and drugs while he or she  
            was operating a vehicle, as these crimes are listed in the  
            same code sections.  (Page 4, lines 7-30, version 97; see  
            Vehicle Code Sections 23152 and 23153.)  As such, a person who  
            was convicted of driving under the influence of solely drugs  
            would be required to install IIDs on all of his or her  
            vehicles, which would not be effective as IIDs are designed to  
            prevent driving under the influence of alcohol only.  Recent  
            amendments to this bill have limited the IID requirement to  
            alcohol-related DUI convictions.  
                
           8)Ability to Drive Work Vehicles  :  As last heard in this  
            committee, the then-current version of this bill would have  
            restricted a person "to driving only vehicles equipped with a  
            certified ignition interlock device."  (Page 3, lines 25-27,  
            version 97.)  This restriction places an impediment to some  
            persons who are required to operate an employer-owned vehicle  
            during the course of their employment.  The pilot program  
            provides an exception to the IID requirement for a person in  
            this situation if the employer has been notified and the  
            individual can provide DMV with proof of that notification.   
            Recent amendments to this bill allow a person to operate an  
            employer-owned vehicle without an IID during the course of his  
            or her employment.

           9)Privacy Concerns  :  This bill provides that to verify an  
            offender's income, for purposes of determining if he or she  
            qualifies for a reduced-cost IID, the person can present his  
            or her current federal income tax return or three months of  
            monthly income statements.  (Page 6, lines 29-31.)  Recent  
            amendments to this bill prohibit the offender's  
            personally-identifiable information obtained by an ignition  
            interlock company to be disclosed, sold, or transferred to any  
            third party, except to provide information on whether the  
            offender successfully fulfilled the requirements of this bill.  
                
           10)Argument in Support  :  According to the  National  
            Transportation Safety Board (NTSB)  , "Research evaluation of  








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            ignition interlock programs over the last two decades has  
            found that ignition interlock devices are effective in  
            reducing recidivism among driving while intoxicated (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, 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."

           11)Argument in Opposition  :  According to  California Attorneys  
            for Criminal Justice , "SB 55 is premature and should be tabled  
            until the Department of Motor Vehicles has an opportunity to  
            conduct and deliver its report to the Legislature.

            "After several years of debating whether an ignition interlock  
            device should be required in DUI cases, the Legislature agreed  
            in 2009 to establish a pilot project to gather necessary data  
            to help determine the most effective strategy.  This agreement  
            was reached in hopes of negating long-standing conflicts and  
            to commit to a data-driven approach.

            "The Legislature adopted a dual strategy contained in AB 91  
            and SB 598.  Pursuant to AB 91, four counties were selected to  
            trial a 'mandatory' IID installation for all DUI offenses.   
            Simultaneously, the Legislature adopted SB 598 which, based  
            upon a recommendation of the DMV, utilized an incentive  
            approach to IID installation.  AB 91 and SB 598 were made  
            contingent upon each both - both must pass and receive a  
            Governor's signature.  Fortunately, both bills were enacted.

            "SB 55 now attempts to undermine the 2009 decision of the  
            Legislature.  Whatever the merits of SB 55, it fails to abide  
            by the data-first principle agreed upon by the Legislature."

           12)Previous Legislation  :  

             a)   AB 520 (Ammiano), Chapter 657, Statutes of 2011,  
               authorized a person convicted of alcohol-related reckless  
               driving to apply for a restricted driver's license early if  
               he or she complies with specified requirements, including  
               installation of an IID.









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                                                                  Page 15

             b)   AB 91 (Feuer), Chapter 217, Statutes of 2009,  
               established a 4-county pilot program administered by DMV to  
               require the installation of IIDs on the vehicles of all  
               persons convicted of a DUI, as specified.

             c)   SB 598 (Huff), Chapter 193, Statutes of 2009, allowed a  
               person convicted of a second or third DUI offense to  
               receive a restricted driver's license if he or she installs  
               an IID, as specified.

             d)   AB 2784 (Feuer), of the 2007-08 Legislative Session,  
               would have required a person convicted of a DUI, as  
               specified, to install an IID, as specified, in order to be  
               reissued a license, receive a restricted license, or  
               receive a reinstated license.  AB 2784's provisions were  
               removed from that bill in the Assembly Committee on  
               Appropriations and replaced with the provisions of SB 1361.  
                AB 2784 was gutted, amended, and subsequently vetoed. 

             e)   SB 177 (Migden), of the 2007-08 Legislative Session,  
               would have, among other things, recast and revised  
               provisions of law authorizing restricted licenses and  
               imposing additional requirements with respect to IIDs on  
               those restricted licenses and established the Ignition  
               Interlock Device Assistance Fund in the State Treasury.  SB  
               177 was never heard in the Senate Committee on Public  
               Safety. 

             f)   SB 1361 (Correa), of the 2007-08 Legislative Session,  
               would have required installation of an IID, as specified,  
               for all offenders convicted of a DUI under certain  
               conditions.  Those conditions included where there is a  
               high BAC for a first offender and for a second or  
               subsequent offender.  SB 1361's provisions amended relevant  
               portions of the Vehicle Code to authorize DMV to reinstate  
               the offender's license earlier than provided in existing  
               law if he or she shows proof of installation of an IID.  SB  
               1361 was vetoed. 

             g)   SB 1388 (Torlakson), Chapter 404, Statutes of 2008,  
               required that a person immediately install a certified IID  
               on all vehicles he or she owns or operates for a period of  
               one to three years when he or she has been convicted of  
               violating specified provisions relating to DUI and driving  
               a motor vehicle when his or her license has been suspended  








                                                                  SB 55
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               or revoked as a result of a DUI-related conviction.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Alliance of Automobile Manufacturers
          Association for Los Angeles Deputy Sheriffs
          California Police Chiefs Association
          California State Sheriffs' Association
          Century Council
          County of San Diego
          Diageo
          Distilled Spirits Council of the United States
          Los Angeles Police Protective League
          National Transportation Safety Board
          Peace Officers Research Association of California
          Riverside Sheriffs' Association
          San Bernardino County Sheriff's Department
          Smart Start
           
            Opposition 
           
          California Attorneys for Criminal Justice
          California DUI Lawyers Association


           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744