BILL NUMBER: AB 2227 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Waldron
FEBRUARY 18, 2016
An act to amend Sections 14601.4, 14607.6, 14607.8, and 23573 of
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2227, as introduced, Waldron. Vehicles: license suspension and
revocation: punishment.
Under existing law, it is unlawful for a person, while driving a
vehicle with a license suspended or revoked for conviction of a
violation of driving under the influence of alcohol or drugs to do an
act forbidden by law or neglect a duty imposed by law in the driving
of the vehicle, which act or neglect proximately causes bodily
injury to a person other than the driver. Conviction for a first
violation of this provision is punishable by imprisonment in county
jail for not less than 10 days or more than 6 months and by a fine of
not less than $300 or more than $1,000, or if the offense occurred
within 5 years of a prior offense resulting in conviction of, among
other things, driving under the influence or reckless driving, the
offense is punishable by imprisonment in county jail for not less
than 30 days or more than one year and by a fine of not less than
$500 or more than $2,000, in each case except if the person has been
designated a habitual traffic offender, as specified.
This bill would additionally make it unlawful for a person, while
driving a vehicle with a license that has been suspended or revoked
for reckless driving, to do an act forbidden by law or neglect a duty
imposed by law in the driving of the vehicle, which act or neglect
proximately causes bodily injury to a person other than the driver.
The bill would make a violation of this provision or the provision
described above pertaining to driving with a license suspended or
revoked for driving under the influence of alcohol or drugs
punishable as a misdemeanor or as a felony. By expanding the
punishment for an existing crime and by increasing duties on local
prosecutors, this bill would impose a state-mandated local program.
Existing law subjects a vehicle to forfeiture as a nuisance if it
is driven on a highway in the state by a driver whose license is
suspended or revoked, or by an unlicensed driver, who is a registered
owner of the vehicle at the time of impoundment who has a previous
misdemeanor conviction for, among other violations, driving under the
influence of alcohol or drugs or reckless driving.
This bill would subject those vehicles to forfeiture if the driver
has been convicted for a violation of any of those provisions,
regardless of whether the conviction was a misdemeanor or felony.
This bill would make conforming changes.
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:
SECTION 1. Section 14601.4 of the Vehicle Code is amended to read:
14601.4. (a) (1) It is unlawful for a
person, while driving a vehicle with a license suspended or revoked
pursuant to Section 14601.2 to do an act forbidden by law or neglect
a duty imposed by law in the driving of the vehicle, which act or
neglect proximately causes bodily injury to a person other than the
driver. In
(2) It is unlawful for a person, while
driving a vehicle with a license suspended or revoked pursuant to
Section 14601 to do an act forbidden by law or neglect a
duty imposed by law in the driving of the vehicle, which act or
neglect proximately causes bodily injury to a person other than the
driver.
(3) In proving the person
neglected a duty imposed by law in the driving of the vehicle, it is
not necessary to prove that a specific section of this code was
violated.
(b) A violation of this section is punishable as a misdemeanor or
as a felony pursuant to subdivision (h) of Section 1170 of the Penal
Code.
(b)
( c) A person convicted of a
misdemeanor under this section whose license was suspended
or revoked pursuant to Section 14601.2 shall be imprisoned in
the county jail and shall not be released upon work release,
community service, or other release program before the minimum period
of imprisonment, prescribed in Section 14601.2, is served. If a
person is convicted of that offense and is granted probation, the
court shall require that the person convicted serve at least the
minimum time of imprisonment, as specified in those sections, as a
term or condition of probation.
(c)
( d) When the prosecution agrees to a plea
of guilty or nolo contendere to a charge of a violation of this
section in satisfaction of, or as a substitute for, an original
charge of a violation of Section 14601.2, and the court accepts that
plea, except, in the interest of justice, when the court finds it
should be inappropriate, the court shall, pursuant to Section 23575,
require the person convicted, in addition to other requirements, to
install a certified ignition interlock device on a vehicle that the
person owns or operates for a period not to exceed three years.
(d)
( e) This section also applies to the
operation of an off-highway motor vehicle on those lands that the
Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5
(commencing with Section 38000)) applies as to off-highway motor
vehicles, as described in Section 38001.
(e)
( f) Upon receipt of the abstract of a
conviction under this section, for a person
whose license was suspended or revoked pursuant to Section 14601.2
and when the court requires the person to install a certified
ignition interlock device pursuant to subdivision (d),
the department shall not reinstate the privilege to operate a
motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) (h) of Section 13386 or
the Judicial Council Form I.D. 100.
(f)
( g) If Section 23573 is applicable, then
subdivisions (c) (d) and (e)
(f) are not applicable.
SEC. 2. Section 14607.6 of the Vehicle Code is amended to read:
14607.6. (a) Notwithstanding any other provision of law, and
except as provided in this section, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor
conviction for a violation of subdivision (a) of Section 12500 or
Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
(c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
(2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.
(3) A peace officer may exercise discretion in a situation where
the driver without a valid license is an employee driving a vehicle
registered to the employer in the course of employment. A peace
officer may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
that establishment and it reasonably appears
that an owner of the vehicle, or an agent of the owner, relinquished
possession of the vehicle to the business establishment solely for
servicing or parking of the vehicle or other reasonably similar
situations, and where when the vehicle
was not to be driven except as directly necessary to accomplish that
business purpose. In this event, if the vehicle can be returned to or
be retrieved by the business establishment or registered owner, the
peace officer may release and not impound the vehicle.
(4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered. A
vehicle impounded pursuant to the circumstances described in
paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
(2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
(A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
(B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
(C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
(D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
(3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
(2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner within
two working days, the impounding agency shall not charge the legal
owner for more than 15-days' impoundment when the legal owner redeems
the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are filed
and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile or superior court within 10 days of the receipt of the
claim. The district attorney shall establish an expedited hearing
date in accordance with instructions from the court, and the court
shall hear the matter without delay. The court filing fee of one
hundred dollars ($100) shall be paid by the claimant, but shall be
reimbursed by the impounding agency if the claimant prevails. To the
extent practicable, the civil and criminal cases shall be heard at
the same time in an expedited, consolidated proceeding. A proceeding
in the civil case is a limited civil case.
(5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence. All questions
that may arise shall be decided and all other proceedings shall be
conducted as in an ordinary civil action. A judgment of forfeiture
does not require as a condition precedent the conviction of a
defendant of an offense which made the vehicle subject to forfeiture.
The filing of a claim within the time limits specified in paragraph
(3) is considered a jurisdictional prerequisite for the availing of
the action authorized by that paragraph.
(6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
(7) The filing fee in paragraph (4) shall be distributed as
follows:
(A) To the county law library fund as provided in Section 6320 of
the Business and Professions Code, the amount specified in Sections
6321 and 6322.1 of the Business and Professions Code.
(B) To the Trial Court Trust Fund, the remainder of the fee.
(f) Any vehicle impounded that is not redeemed pursuant to
subdivision (d) and is subsequently forfeited pursuant to this
section shall be sold once an order of forfeiture is issued by the
district attorney of the county of the impounding agency or a court,
as the case may be, pursuant to subdivision (e).
(g) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed financial
institution legally operating in this state, or the agent of that
legal owner, may take possession and conduct the sale of the
forfeited vehicle if the legal owner or agent notifies the agency
impounding the vehicle of its intent to conduct the sale within 15
days of the mailing of the notice pursuant to subdivision (e). Sale
of the vehicle after forfeiture pursuant to this subdivision may be
conducted at the time, in the manner, and on the notice usually given
for the sale of repossessed or surrendered vehicles. The proceeds of
any sale conducted by or on behalf of the legal owner shall be
disposed of as provided in subdivision (i). A notice pursuant to this
subdivision may be presented in person, by certified mail, by
facsimile transmission, or by electronic mail.
(h) If the legal owner or agent of the owner does not notify the
agency impounding the vehicle of its intent to conduct the sale as
provided in subdivision (g), the agency shall offer the forfeited
vehicle for sale at public auction within 60 days of receiving title
to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any
indebtedness so secured if written notification of demand is received
before distribution of the proceeds is completed. The holder of a
subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request,
is not entitled to distribution pursuant to this paragraph.
(4) To any other person, other than a registered or legal owner,
who can reasonably establish an interest in the vehicle, including a
community property interest, to the extent of his or her provable
interest, if written notification is received before distribution of
the proceeds is completed.
(5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred. A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
(j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
( l ) No vehicle shall be sold pursuant to this section
if the impounding agency determines the vehicle to have been stolen.
In this event, the vehicle may be claimed by the registered owner at
any time after impoundment, providing the vehicle registration is
current and the registered owner has no outstanding traffic
violations or parking penalties on his or her driving record or on
the registration record of any vehicle registered to the person. If
the identity of the legal and registered owners of the vehicle cannot
be reasonably ascertained, the vehicle may be sold.
(m) Any owner of a vehicle who suffers any loss due to the
impoundment or forfeiture of any vehicle pursuant to this section may
recover the amount of the loss from the unlicensed, suspended, or
revoked driver. If possession of a vehicle has been tendered to a
business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the
cause of the impoundment of the vehicle, a registered owner of the
impounded vehicle may recover damages for the loss of use of the
vehicle from the business establishment.
(n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
(2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.
(3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
(o) As used in this section, "days" means workdays not including
weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
(q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in
carrying out this section.
(s) No vehicle shall be impounded pursuant to this section if the
driver has a valid license but the license is for a class of vehicle
other than the vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
(u) As used in this section, "district attorney" includes a city
attorney charged with the duty of prosecuting misdemeanor offenses.
(v) The agent of a legal owner acting pursuant to subdivision (g)
shall be licensed, or exempt from licensure, pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code.
SEC. 3. Section 14607.8 of the Vehicle Code is amended to read:
14607.8. Upon a first misdemeanor conviction
of a violation of subdivision (a) of Section 12500 or Section 14601,
14601.1, 14601.2, 14601.3, 14601.4, or 14601.5, the court shall
inform the defendant that, pursuant to Section 14607.6, a motor
vehicle is subject to forfeiture as a nuisance if it is driven on a
highway in this state by a driver with a suspended or revoked
license, or by an unlicensed driver, who is a registered owner of the
vehicle and has a previous misdemeanor conviction
for a violation of subdivision (a) of Section 12500 or Section
14601, 14601.1, 14601.2, or 14601.3,
paragraph (2) of subdivision (a) of Section 14601.4, or
Section 14601.5.
SEC. 4. Section 23573 of the Vehicle Code is amended to read:
23573. (a) The Department of Motor Vehicles, upon receipt of the
court's abstract of conviction for a violation listed in subdivision
(j), shall inform the convicted person of the requirements of this
section and 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
pursuant to this code.
(b) 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.
(c) A person who is notified by the department pursuant to
subdivision (a) shall, within 30 days of notification, complete all
of the following:
(1) 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.
(2) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(3) Pay to the department a fee sufficient to cover the costs of
administration of this section, including startup costs, as
determined by the department.
(d) 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.
(e) (1) A person who is notified by the department pursuant to
subdivision (a) 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.
(2) 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.
(f) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to subdivision
(a).
(g) (1) A person who is notified by the department, pursuant to
subdivision (a), is exempt from the requirements of subdivision (c)
if all of the following circumstances occur:
(A) Within 30 days of the notification, the person certifies to
the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at his or her
residence.
(iii) The person no longer has access to the vehicle being driven
by the person when he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in
subdivision (j).
(iv) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with an operating ignition interlock
device and that he or she is required to have a valid driver's
license before he or she can drive.
(v) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(B) The person's driver's license record has been restricted
pursuant to subdivision (d).
(C) The person complies with this section immediately upon
commencing ownership or operation of a vehicle subject to the
required installation of an ignition interlock device.
(2) A person who has been granted an exemption pursuant to this
subdivision and who subsequently drives a vehicle in violation of the
exemption is subject to the penalties of subdivision (i) in addition
to any other applicable penalties in law.
(h) This section does not permit a person to drive without a valid
driver's license.
(i) A person who is required under subdivision (c) to install an
ignition interlock device who willfully fails to install the ignition
interlock device within the time period required under subdivision
(c) is guilty of a
misdemeanor and shall be punished by imprisonment in the county jail
for not more than six months or by a fine of not more than five
thousand dollars ($5,000), or by both that fine and imprisonment.
(j) In addition to all other requirements of this code, a person
convicted of any of the following violations shall be punished as
follows:
(1) Upon a conviction of a violation of Section 14601.2,
paragraph (1) of subdivision (a) of Section 14601.4, or
Section 14601.5 subsequent to one prior conviction of a
violation of Section 23103.5, 23152, or 23153, within a 10-year
period, the person shall immediately install a certified ignition
interlock device, pursuant to this section, in all vehicles owned or
operated by that person for a term of one year.
(2) Upon a conviction of a violation of Section 14601.2,
paragraph (1) of subdivision (a) of Section 14601.4, or
Section 14601.5 subsequent to two prior convictions of a
violation of Section 23103.5, 23152, or 23153, within a 10-year
period, or one prior conviction of Section 14601.2, paragraph
(1) of subdivision (a) of Section 14601.4, or Section
14601.5, within a 10-year period, the person shall immediately
install a certified ignition interlock device, pursuant to this
section, in all vehicles owned or operated by that person for a term
of two years.
(3) Upon a conviction of a violation of Section 14601.2,
paragraph (1) of subdivision (a) of Section 14601.4, or
Section 14601.5 subsequent to three or more prior convictions
of a violation of Section 23103.5, 23152, or 23153, within a 10-year
period, or two or more prior convictions of Section 14601.2,
paragraph (1) of subdivision (a) of Section 14601.4, or
Section 14601.5, within a 10-year period, the person shall
immediately install a certified ignition interlock device, pursuant
to this section, in all vehicles owned or operated by that person for
a term of three years.
(k) The department shall notify the court if a person subject to
this section has failed to show proof of installation within 30 days
of the department informing the person he or she is required to
install a certified ignition interlock device.
(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(m) The requirements of this section are in addition to any other
requirements of law.
(n) This section shall become operative on July 1, 2009.
SEC. 5. 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.