Amended in Senate June 13, 2016

Amended in Senate June 30, 2015

Amended in Senate June 16, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 933


Introduced by Assembly Member Frazier

February 26, 2015


An act tobegin delete amend Section 1808 ofend deletebegin insert add Section 23582.5 toend insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 933, as amended, Frazier. Vehicles:begin delete DMV records.end deletebegin insert 24/7 Sobriety programs.end insert

begin insert

Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions.

end insert
begin insert

Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle.

end insert
begin insert

This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified.

end insert
begin delete

Existing law provides that all records of the Department of Motor Vehicles relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and certain abstracts of accident reports are required to be open to public inspection during office hours, except when a specific provision of law prohibits the disclosure of records or information or provides for confidentiality.

end delete
begin delete

This bill would provide that consent to the use of a person’s driver’s license number by the insurance agent or broker of an insurer, insurance licensee, employer, or prospective employer to obtain, transmit, or otherwise utilize the motor vehicle records of that person pursuant to the provision described above is presumed if the person provides his or her driver’s license number to an insurer, insurance licensee, employer, or prospective employer for the purpose of eligibility, underwriting, and rating of personal or commercial insurance coverage or eligibility for employment or continued employment involving the use of a motor vehicle. The bill would provide that the insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for these purposes, as specified, and would specify that an insurance agent or broker who has lawfully transmitted a record as authorized under these provisions is not responsible for the subsequent handling of that record by any recipient who is authorized to receive the record under these provisions. The bill would also delete an obsolete cross-reference.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares as follows:end insert

begin insert

2
(a) On December 4, 2015, Congress passed, and the President
3signed into law, the Fixing America’s Surface Transportation
4(FAST) Act (Public Law 114-94).

end insert
begin insert

5
(b) The FAST Act provides long-term funding certainty for
6surface transportation and requires the National Highway Traffic
7Safety Administration (NHTSA) to award certain grants pursuant
8to rulemaking.

end insert
begin insert

9
(c) The FAST Act includes grant programs for states that meet
10requirements associated with impaired driving interventions,
11including 24/7 Sobriety programs. These programs typically
12approach impaired driving deterrence by focusing on the most
13high-risk offenders, requiring abstinence from alcohol or illegal
14drugs, testing compliance multiple times per day, and swiftly
15delivering defined consequences for noncompliance.

end insert
begin insert

16
(d) The FAST Act permits the NHSTA to award 24/7 Sobriety
17program grants to states that meet two separate requirements:

end insert
begin insert

P4    1
(1) That a state enact and enforce a law that requires all
2individuals convicted of driving under the influence of alcohol or
3of driving while intoxicated to receive at least a 30-day restriction
4on driving privileges. California currently meets this requirement.

end insert
begin insert

5
(2) That a state provide a 24/7 Sobriety program with statewide
6applicability. A “24/7 Sobriety program” is a state law or program
7that authorizes a state court or an agency with jurisdiction to
8require an individual who has committed a
9driving-under-the-influence offense to abstain from alcohol or
10controlled substances for a period of time and be subject to testing
11for alcohol or controlled substances at least twice per day at a
12testing location, or by continuous transdermal monitoring device,
13or by an alternative method approved by NHTSA. California does
14not yet meet this requirement.

end insert
begin insert

15
(e) Additional federal grant moneys are available to states under
16programs, including, but not limited to, NHTSA’s Impaired Driving
17Countermeasure Program pursuant to Sections 402 and 405 of
18Title 23 of the United States Code.

end insert
begin insert

19
(f) It is the intent of the Legislature in enacting this act to
20authorize a statewide 24/7 Sobriety program so that California is
21eligible for the new 24/7 FAST Act grant funding and additional
22funding available through NHTSA.

end insert
23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 23582.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
24

begin insert23582.5.end insert  

(a) The court may order a person convicted of a
25violation of Section 23152 or 23153 to enroll and participate in,
26and successfully complete, a qualified 24/7 Sobriety program, as
27described in subdivision (d), as a condition of probation, parole,
28sentence, or work permit if the program is available and deemed
29appropriate, and the person committed the current violation within
3010 years of one or more separate violations of Section 23152 or
3123153 that resulted in a conviction.

32
(b) The court may require a person who has been arrested for
33a violation of Section 23152 or 23153 to enroll and participate in,
34and successfully complete, a qualified 24/7 Sobriety program, as
35described in subdivision (d), as a condition of release on bond, if
36the program is available and deemed appropriate, and the person
37committed the current violation within 10 years of one or more
38separate violations of Section 23152 or 23153 that resulted in a
39conviction.

P5    1
(c) (1) A person whose driving privilege has been suspended
2or revoked pursuant to Section 13352 or 13353 and who
3subsequently applies to the department for a restricted driving
4privilege, shall be permitted to enroll and participate in, and
5successfully complete, a 24/7 Sobriety program as a condition of
6obtaining the restricted driving privilege if the program is available
7and deemed appropriate, and the person committed the current
8violation within 10 years of one or more separate violations of
9Section 23152 or 23153 that resulted in a conviction. The restricted
10driving privilege granted under this subdivision may be conditioned
11on participation in the 24/7 Sobriety program as an alternative
12to, or in conjunction with, participation in an ignition interlock
13device program.

14
(2) Notwithstanding any other provision of this section, a person
15subject to this subdivision shall participate in the 24/7 Sobriety
16program for a minimum of one year.

17
(d) For purposes of this section, a “24/7 Sobriety program”
18requires a participant to abstain from alcohol or controlled
19substance use for a designated period of time and be subject to
20breath testing for alcohol or controlled substances at least twice
21per day at a testing location as the primary testing methodology,
22or by continuous transdermal monitoring device, or by an
23alternative method approved by NHTSA in the event of a hardship.
24Program violations shall be met with immediate but modest
25sanctions. The 24/7 Sobriety program methodology shall be
26evidence-based. “Evidence-based” means the program
27methodology meets at least two of the following criteria:

28
(1) Evaluation research shows that the program produces the
29expected positive results.

30
(2) The results can be attributed to the program itself, rather
31than to other extraneous factors or events.

32
(3) The evaluation is peer reviewed by experts in the field.

33
(4) The program is endorsed by a federal agency or respected
34research organization and included in its list of effective programs.

35
(e) A person ordered into a 24/7 Sobriety program may also be
36required to participate in any other driving-under-the-influence
37program required under California law, including, but not limited
38to, programs provided in Section 11836 of the Health and Safety
39Code.

P6    1
(f) Testing locations and methods that provide the best ability
2to sanction a violation as close in time as reasonably feasible to
3the occurrence of the violation should be given preference.

4
(g) In order to enable all required defendants to participate,
5each person shall pay the program costs commensurate with the
6person’s ability to pay as determined pursuant to Section 11837.4
7of the Health and Safety Code.

8
(h) The court shall not impose a program of more than 180 days
9in length unless the defendant tests positive for alcohol or an
10unauthorized controlled substance or fails to appear for a test.

11
(i) The Office of Traffic Safety shall include a description of the
12provisions authorizing the 24/7 Sobriety program pursuant to this
13section in its highway safety plan required to be submitted to the
14NHTSA under subsection (k) of Section 402 of Title 23 of the United
15States Code, including any application requirements necessary to
16qualify for grants under Section 405 of Title 23 of the United States
17Code.

18
(j) The department shall establish statewide uniform collection
19and reporting of all of the following data:

20
(1) Participant demographic information.

21
(2) Participant case history information.

22
(3) Testing information, including testing duration, test results,
23and testing attendance.

24
(4) Fees and fee payments.

end insert
begin delete

  

25

SECTION 1.  

Section 1808 of the Vehicle Code is amended to
26read:

27

1808.  

(a) Except when a specific provision of law prohibits
28the disclosure of records or information or provides for
29confidentiality, all records of the department relating to the
30registration of vehicles, other information contained on an
31application for a driver’s license, abstracts of convictions, and
32abstracts of accident reports required to be sent to the department
33in Sacramento, except for abstracts of accidents when, in the
34opinion of a reporting officer, another individual was at fault, shall
35be open to public inspection during office hours. All abstracts of
36accident reports shall be available to law enforcement agencies
37and courts of competent jurisdiction.

38(b) The department shall make available or disclose abstracts
39of convictions and abstracts of accident reports required to be sent
P7    1to the department in Sacramento, as described in subdivision (a),
2if the date of the occurrence is not later than the following:

3(1) Ten years for a violation pursuant to Section 23140, 23152,
4or 23153.

5(2) Seven years for a violation designated as two points pursuant
6to Section 12810, except as provided in paragraph (1) of this
7subdivision.

8(3) Three years for accidents and all other violations.

9(c) The department shall make available or disclose suspensions
10and revocations of the driving privilege while the suspension or
11revocation is in effect and for three years following termination
12of the action or reinstatement of the privilege, except that driver’s
13license suspension actions taken pursuant to Sections 13202.6 and
1413202.7, Section 17520 of the Family Code, or Section 256 of, or
15former Section 11350.6 of, the Welfare and Institutions Code shall
16be disclosed only during the actual time period in which the
17suspension is in effect.

18(d) The department shall not make available or disclose a
19suspension or revocation that has been judicially set aside or stayed.

20(e) The department shall not make available or disclose personal
21information about a person unless the disclosure is in compliance
22with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
232721 et seq.). However, a disclosure is subject to the prohibition
24in paragraph (2) of subdivision (a) of Section 12800.5.

25(f) The department shall make available or disclose to the courts
26and law enforcement agencies a conviction of Section 23103, as
27specified in Section 23103.5, or a conviction of Section 23140,
2823152, or 23153, or Section 655 of the Harbors and Navigation
29Code, or paragraph (1) of subdivision (c) of Section 192 of the
30Penal Code for a period of 10 years from the date of the offense
31for the purpose of imposing penalties mandated by this code, or
32by other applicable state law.

33(g) The department shall make available or disclose to the courts
34and law enforcement agencies a conviction of Section 191.5, or
35subdivision (a) of Section 192.5 of the Penal Code, punished as a
36felony, for the purpose of imposing penalties mandated by Section
3723550.5, or by other applicable state law.

38(h) (1) Consent to the use of a person’s driver’s license number
39by the insurance agent or broker of an insurer, insurance licensee,
40employer, or prospective employer to obtain, transmit, or otherwise
P8    1utilize the motor vehicle records of that person pursuant to this
2section shall be presumed if the person provides his or her driver’s
3license number, or the driver’s license number of any dependent,
4to an insurer, insurance licensee, employer, or prospective employer
5for the purpose of eligibility, underwriting, and rating of personal
6or commercial insurance coverage or eligibility for employment
7or continued employment involving the use of a motor vehicle.

8(2) (A) The insurance agent or broker of the insurer, insurance
9licensee, employer, or prospective employer is authorized to
10transmit motor vehicle records for the purposes described in
11paragraph (1). An insurance agent or broker who has lawfully
12transmitted a record as authorized by this section is not responsible
13for the subsequent handling of that record by any recipient who is
14 authorized to receive a record under this section.

15(B) Prior to transmitting records pursuant to this paragraph to
16any insurer with whom the insurance broker or agent does not have
17a written agreement, or to a third party authorized by this paragraph
18to receive those records, the broker or agent shall obtain a written
19agreement from the insurer or other third party that the insurer or
20other third party shall handle those records in accordance with
21state and federal laws governing fair credit reporting and privacy.

end delete


O

    95