Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2227

Introduced by Assembly Member Waldron

February 18, 2016

An act to amend Sections begin delete 14601.4, 14607.6, 14607.8, end delete begin insert 14601.4 end insert and 23573 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2227, as amended, 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 begin delete driving, end delete begin insert driving resulting in injury to a person other than the driver, as specified, end insert 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. begin delete 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. end delete begin insert The bill would require a person convicted under these provisions to serve a specified minimum term of imprisonment in the county jail. The bill would make additional conforming changes. end insert By expanding the punishment for an existing begin delete crime and by increasing duties on local prosecutors, end delete begin insert crime, end insert this bill would impose a state-mandated local program.

begin delete

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.

end delete begin delete

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.

end delete

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.

(2) It is unlawful for a person, while driving a vehicle with a
license suspended begin delete or revoked pursuant to Section 14601 end delete begin insert pursuant
to a conviction for a violation of Section 23104 or 23105 end insert 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.

begin delete

(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.

end delete begin delete

(c)

end delete

begin insert (b) end insert  A person convicted begin delete of a misdemeanor end delete 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 begin delete those sections, end delete begin insert that section, end insert as a term or condition
of probation.

begin insert

(c) A person convicted under this section whose license was
suspended pursuant to a conviction for a violation of Section 23104
or 23105 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 is served. If a person is convicted under this
section and is granted probation, the court shall require the person
to serve at least the minimum time of imprisonment specified in
Section 14601 as a term or condition of probation.

end insert

(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.

(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.

(f) Upon receipt of the abstract of a conviction 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 (h)
of Section 13386 or the Judicial Council Form I.D. 100.

(g) If Section 23573 is applicable, then subdivisions (d) and (f)
are not applicable.

begin delete

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 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 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 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 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
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.

end delete

begin delete SEC. 4. end delete

begin insert SEC. 2. end insert   

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.

begin delete SEC. 5. end delete

begin insert SEC. 3. end insert   

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