BILL NUMBER: AB 2227 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Waldron
FEBRUARY 18, 2016
An act to amend Sections 14601.4 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 driving resulting in injury to a person other than the
driver, as specified, 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 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. By expanding the
punishment for an existing crime, this bill would impose a
state-mandated local program.
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)
(b) It is unlawful for a person, while driving a
vehicle with a license suspended pursuant to a conviction for a
violation of Section 23104 or 23105 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)
(c) 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)
(d) A person convicted 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 that
section, as a term or condition of probation.
(c)
(e) 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.
(d)
(f) 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)
(g) 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)
(h) 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),
(f), 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)
(i) If Section 23573 is applicable, then subdivisions
(d) and (f) and (h) are not applicable.
SEC. 2. 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. 3. 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.