Senate BillNo. 61


Introduced by Senator Hill

(Coauthor: Senator Vidak)

(Coauthors: Assembly Members Bonilla, Levine, and Wagner)

December 29, 2014


An act to amend Section 13386 of, to amend, repeal, and add Sections 13352, 13352.4, 13353.3, 13353.4, 13353.5, 23247, 23573, 23575, 23576, and 23597 of, and to add Sections 13353.6, 23575.3, and 23575.5 to, the Vehicle Code, relating to ignition interlock devices.

LEGISLATIVE COUNSEL’S DIGEST

SB 61, as introduced, Hill. Driving under the influence: ignition interlock device.

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 authorizes certain individuals, whose privilege is suspended 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.

Existing law also requires the department to immediately suspend or revoke a person’s privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also 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. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted driver’s license.

Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to January 1, 2016, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. The amount of time the ignition interlock device is required to be installed is based upon the number of convictions, as prescribed.

This bill would provide that an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted driver’s license may be eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device.

The bill would also require a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install an ignition interlock device on all vehicles that he or she owns or operates for a specified period of time. The bill would also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted driver’s license without completing a period of license suspension or revocation. The bill would provide that its provisions would become operative July 1, 2016. The bill would require the Department of Motor Vehicles to issue a report to the Legislature by June 1, 2020, regarding the implementation and efficacy of these provisions.

The bill would also make clarifying changes.

By specifying that certain crimes relating to ignition interlock devices apply when an ignition interlock device is installed pursuant to the provisions of this bill, 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:

P3    1

SECTION 1.  

Section 13352 of the Vehicle Code is amended
2to read:

3

13352.  

(a) The department shall immediately suspend or
4revoke the privilege of a person to operate a motor vehicle upon
5the receipt of an abstract of the record of a court showing that the
6person has been convicted of a violation of Section 23152 or 23153,
7subdivision (a) of Section 23109, or Section 23109.1, or upon the
8receipt of a report of a judge of the juvenile court, a juvenile traffic
9hearing officer, or a referee of a juvenile court showing that the
10person has been found to have committed a violation of Section
1123152 orbegin delete 23153 orend deletebegin insert 23153,end insert subdivision (a) of Sectionbegin delete 23109end deletebegin insert 23109,end insert
12 or Section 23109.1. If an offense specified in this section occurs
13in a vehicle defined in Section 15210, the suspension or revocation
14specifiedbegin delete below shall applyend deletebegin insert in this subdivision applies alsoend insert to the
15noncommercial driving privilege. The commercial driving privilege
16shall be disqualified as specified in Sections 15300 to 15302,
17inclusive. For the purposes of this section, suspension or revocation
18shall be as follows:

19(1) Except as required under Section 13352.1 or 13352.4, upon
20a conviction or finding of a violation of Section 23152 punishable
21under Section 23536, the privilege shall be suspended for a period
22of six months. The privilege shall not be reinstated until the person
23gives proof of financial responsibility and gives proof satisfactory
24to the department of successful completion of a
25driving-under-the-influence program licensed pursuant to Section
2611836 of the Health and Safety Code described in subdivision (b)
27of Section 23538. If the court, as authorized under paragraph (3)
28of subdivision (b) of Section 23646, elects to order a person to
P4    1enroll in, participate in, and complete either program described in
2subdivision (b) of Section 23542, the department shall require that
3program in lieu of the program described in subdivision (b) of
4Section 23538. For the purposes of this paragraph, enrollment in,
5participation in, and completion of an approved program shallbegin delete beend delete
6begin insert occurend insert subsequent to the date of the current violation. Credit shall
7not be given to any program activities completed prior to the date
8of the current violation.

9(2) Upon a conviction or finding of a violation of Section 23153
10punishable under Section 23554, the privilege shall be suspended
11for a period of one year. The privilege shall not be reinstated until
12the person gives proof of financial responsibility and gives proof
13satisfactory to the department of successful completion of a
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code as described in subdivision
16(b) of Section 23556. If the court, as authorized under paragraph
17(3) of subdivision (b) of Section 23646, elects to order a person
18to enroll in, participate in, and complete either program described
19in subdivision (b) of Section 23542, the department shall require
20that program in lieu of the program described in Section 23556.
21For the purposes of this paragraph, enrollment, participation, and
22completion of an approved program shallbegin delete beend deletebegin insert occurend insert subsequent to
23the date of the current violation. Credit shall not be given to any
24program activities completed prior to the date of the current
25violation.

26(3) Except as provided in Section 13352.5, upon a conviction
27or finding of a violation of Section 23152 punishable under Section
2823540, the privilege shall be suspended for two years. The privilege
29shall not be reinstated until the person gives proof of financial
30responsibility and gives proof satisfactory to the department of
31successful completion of a driving-under-the-influence program
32licensed pursuant to Section 11836 of the Health and Safety Code
33as described in subdivision (b) of Section 23542. For the purposes
34of this paragraph, enrollment in, participation in, and completion
35of an approved program shall be subsequent to the date of the
36current violation. Credit shall not be given to any program activities
37completed prior to the date of the current violation. The department
38shall advise the person that he or she may apply to the department
39for abegin delete restriction of the driving privilege, which may include credit
40for a suspension period served under subdivision (c) of Section
P5    113353.3, subject to the following conditions:end delete
begin insert restricted driver’s
2license if the person meets all of the following requirements:end insert

3(A) Completion of 12 months of the suspension period, or
4completion of 90 days of the suspension period if the underlying
5conviction did not include the use of drugs as defined in Section
6312 and the person was found to be only under the influence of an
7alcoholic beverage at the time of the violation.

8(B) The person satisfactorily provides, subsequent to the
9violation date of the current underlying conviction, either of the
10following:

11(i) Proof of enrollment in an 18-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Codebegin insert if a 30-month program is
14unavailable in the person’s county of residence or employmentend insert
.

15(ii) Proof of enrollment in a 30-month
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code, if available in the county of
18the person’s residence or employment.

19(C) The person agrees, as a condition of the restriction, to
20continue satisfactory participation in the program described in
21subparagraph (B).

22(D) The person submits the “Verification of Installation” form
23described in paragraph (2) of subdivision (g) of Section 13386.

24(E) The person agrees to maintain the ignition interlock device
25as required under subdivision (g) of Section 23575.

26(F) The person provides proof of financial responsibility, as
27defined in Section 16430.

28(G) The person pays all reissue fees and any restriction fee
29required by the department.

30(H) The person pays to the department a fee sufficient to cover
31the costs of administration of this paragraph, as determined by the
32department.

33(I) The restriction shall remain in effect for the period required
34in subdivision (f) of Section 23575.

35(4) Except as provided in this paragraph, upon a conviction or
36finding of a violation of Section 23153 punishable under Section
3723560, the privilege shall be revoked for a period of three years.
38The privilege may not be reinstated until the person gives proof
39of financial responsibility, and the person gives proof satisfactory
40to the department of successful completion of a
P6    1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code, as described in paragraph
3(4) of subdivision (b) of Section 23562 of this code. For the
4purposes of this paragraph, enrollment in, participation in, and
5completion of an approved program shallbegin delete beend deletebegin insert occurend insert subsequent to
6the date of the current violation. Credit shall not be given to any
7program activities completed prior to the date of the current
8violation. The department shall advise the person that after the
9completion of 12 months of the revocation period, which may
10include credit for a suspension period served under subdivision
11(c) of Section 13353.3,begin delete the personend deletebegin insert he or sheend insert may apply to the
12department for a restricted driver’sbegin delete license, subject to the following
13conditions:end delete
begin insert license if the person meets all of the following
14requirements:end insert

15(A) The personbegin delete has satisfactorily completed,end deletebegin insert satisfactorily
16provides,end insert
subsequent to the violation date of the current underlying
17conviction, either of the following:

18(i) The initial 12 months of an 18-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Codebegin insert if a 30-month program is
21unavailable in the person’s county of residence or employmentend insert
.

22(ii) The initial 12 months of a 30-month
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code, if available in the county of
25the person’s residence orbegin delete employment, and the person agrees, as
26a condition of the restriction, to continue satisfactory participation
27in that 30-month program.end delete
begin insert employment.end insert

begin insert

28(B) The person agrees, as a condition of the restriction, to
29continue satisfactory participation in the program described in
30subparagraph (A).

end insert
begin delete

31(B)

end delete

32begin insert(C)end insert The person submits the “Verification of Installation” form
33described in paragraph (2) of subdivision (g) of Section 13386.

begin delete

34(C)

end delete

35begin insert(D)end insert The person agrees to maintain the ignition interlock device
36as required under subdivision (g) of Section 23575.

begin delete

37(D)

end delete

38begin insert(E)end insert The person provides proof of financial responsibility, as
39defined in Section 16430.

begin delete

40(E)

end delete

P7    1begin insert(F)end insert The person pays all applicable reinstatement or reissue fees
2and any restriction fee required by the department.

begin delete

3(F)

end delete

4begin insert(G)end insert The restriction shall remain in effect for the period required
5in subdivision (f) of Section 23575.

6(5) Except as provided in this paragraph, upon a conviction or
7finding of a violation of Section 23152 punishable under Section
823546, the privilege shall be revoked for a period of three years.
9The privilege shall not be reinstated until the person files proof of
10financial responsibility and gives proof satisfactory to the
11department of successful completion ofbegin delete one of the following
12programs:end delete
an 18-month driving-under-the-influence program
13licensed pursuant to Section 11836 of the Health and Safety Code,
14as described in subdivision (b) or (c) of Section 23548 of this code,
15begin insert if a 30-month program is unavailable in the person’s county of
16residence or employment,end insert
or, if available in the county of the
17person’s residence or employment, a 30-month
18driving-under-the-influence program licensed pursuant to Section
1911836 of the Health and Safety Code, or a program specified in
20Section 8001 of the Penal Code. For the purposes of this paragraph,
21enrollment in, participation in, and completion of an approved
22program shallbegin delete beend deletebegin insert occurend insert subsequent to the date of the current
23violation. Credit shall not be given to any program activities
24completed prior to the date of the current violation. The department
25shall advise the person that he or she may apply to the department
26for abegin delete restriction of the driving privilege,end deletebegin insert restricted driver’s license,end insert
27 which may include credit for a suspension period served under
28subdivision (c) of Section 13353.3,begin delete subject to the following
29conditions:end delete
begin insert if the person meets all of the following requirements:end insert

30(A) Completion of 12 months of the suspension period, or
31completion of six months of the suspension period if the underlying
32conviction did not include the use of drugs as defined in Section
33312 and the person was found to be only under the influence of an
34alcoholic beverage at the time of the violation.

35(B) The person satisfactorily provides, subsequent to the
36violation date of the current underlying conviction, either of the
37following:

38(i) Proof of enrollment in an 18-month
39driving-under-the-influence program licensed pursuant to Section
P8    111836 of the Health and Safety Codebegin insert if a 30-month program is
2unavailable in the person’s county of residence or employmentend insert
.

3(ii) Proof of enrollment in a 30-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code, if available in the county of
6the person’s residence orbegin delete employment, and the person agrees, as
7a condition of the restriction, to continue satisfactory participation
8in the 30-month driving-under-the-influence program.end delete
begin insert employment.end insert

begin insert

9(C) The person agrees, as a condition of the restriction, to
10continue satisfactory participation in the program described in
11subparagraph (B).

end insert
begin delete

12(C)

end delete

13begin insert(end insertbegin insertD)end insert The person submits the “Verification of Installation” form
14described in paragraph (2) of subdivision (g) of Section 13386.

begin delete

15(D)

end delete

16begin insert(end insertbegin insertE)end insert The person agrees to maintain the ignition interlock device
17as required under subdivision (g) of Section 23575.

begin delete

18(E)

end delete

19begin insert(end insertbegin insertF)end insert The person provides proof of financial responsibility, as
20defined in Section 16430.

begin delete

21(F)

end delete

22begin insert(end insertbegin insertG)end insert An individual convicted of a violation of Section 23152
23punishable under Section 23546 may also, at any time after
24sentencing, petition the court for referral to an 18-month
25driving-under-the-influence program licensed pursuant to Section
2611836 of the Health and Safety Code, or, if available in the county
27of the person’s residence or employment, a 30-month
28driving-under-the-influence program licensed pursuant to Section
2911836 of the Health and Safety Code. Unless good cause is shown,
30the court shall order the referral.

begin delete

31(G)

end delete

32begin insert(end insertbegin insertH)end insert The person pays all applicable reinstatement or reissue fees
33and any restriction fee required by the department.

begin delete

34(H)

end delete

35begin insert(end insertbegin insertI)end insert The person pays to the department a fee sufficient to cover
36the costs of administration of this paragraph, as determined by the
37department.

begin delete

38(I)

end delete

39begin insert(end insertbegin insertJ)end insert The restriction shall remain in effect for the period required
40in subdivision (f) of Section 23575.

P9    1(6) Except as provided in this paragraph, upon a conviction or
2finding of a violation of Section 23153 punishable under Section
323550.5 or 23566, the privilege shall be revoked for a period of
4five years. The privilege may not be reinstated until the person
5gives proof of financial responsibility and gives proof satisfactory
6to the department of successful completion of a
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code as described in subdivision
9(b) of Section 23568, or if available in the county of the person’s
10residence or employment, a 30-month driving-under-the-influence
11program licensed pursuant to Section 11836 of the Health and
12Safety Code, or a program specified in Section 8001 of the Penal
13Code. For the purposes of this paragraph, enrollment in,
14participation in, and completion of an approved program shall be
15subsequent to the date of the current violation. Credit shall not be
16given to any program activities completed prior to the date of the
17current violation. The department shall advise the person that after
18completion of 12 months of the revocation period, which may
19include credit for a suspension period served under subdivision
20(c) of Section 13353.3,begin delete the personend deletebegin insert he or sheend insert may apply to the
21department for a restricted driver’s begin delete license, subject to the following
22 conditions:end delete
begin insert license if the person meets all of the following
23requirements:end insert

24(A) The personbegin delete has satisfactorily provided,end deletebegin insert satisfactorily
25provides,end insert
subsequent to the violation date of the current underlying
26conviction, either of the following:

27(i) Completion of the initial 12 months of a 30-month
28driving-under-the-influence program licensed pursuant to Section
2911836 of the Health and Safety Code, if available in the county of
30the person’s residence orbegin delete employment, and the person agrees, as
31a condition of the restriction, to continue satisfactory participation
32in the 30-month driving-under-the-influence program.end delete
begin insert employment.end insert

33(ii) Completion of the initial 12 months of an 18-month
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code, if a 30-month program is
36unavailable in the person’s county of residence or employment.

begin insert

37(B) The person agrees, as a condition of the restriction, to
38continue satisfactory participation in the program described in
39subparagraph (A).

end insert
begin delete

40(B)

end delete

P10   1begin insert(C)end insert The person submits the “Verification of Installation” form
2described in paragraph (2) of subdivision (g) of Section 13386.

begin delete

3(C)

end delete

4begin insert(D)end insert The person agrees to maintain the ignition interlock device
5as required under subdivision (g) of Section 23575.

begin delete

6(D)

end delete

7begin insert(E)end insert The person provides proof of financial responsibility, as
8defined in Section 16430.

begin delete

9(E)

end delete

10begin insert(F)end insert An individual convicted of a violation of Section 23153
11punishable under Section 23566 may also, at any time after
12sentencing, petition the court for referral to an 18-month
13driving-under-the-influence program licensed pursuant to Section
1411836 of the Health and Safety Code, or, if available in the county
15of the person’s residence or employment, a 30-month
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code. Unless good cause is shown,
18the court shall order the referral.

begin delete

19(F)

end delete

20begin insert(G)end insert The person pays all applicable reinstatement or reissue fees
21and any restriction fee required by the department.

begin delete

22(G)

end delete

23begin insert(H)end insert The restriction shall remain in effect for the period required
24in subdivision (f) of Section 23575.

25(7) Except as provided in this paragraph, upon a conviction or
26finding of a violation of Section 23152 punishable under Section
2723550 or 23550.5, or of a violation of Section 23153 punishable
28under Section 23550.5, the privilege shall be revoked for a period
29of four years. The privilege shall not be reinstated until the person
30files proof of financial responsibility and gives proof satisfactory
31to the department of successful completion of an 18-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code,begin insert if a 30-month program is
34unavailable in the person’s county of residence or employment,end insert

35 or, if available in the county of the person’s residence or
36employment, a 30-month driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code,
38or a program specified in Section 8001 of the Penal Code. For the
39purposes of this paragraph, enrollment in, participation in, and
40completion of an approved program shallbegin delete beend deletebegin insert occurend insert subsequent to
P11   1the date of the current violation. Credit shall not be given to any
2program activities completed prior to the date of the current
3violation. The department shall advise the person that after
4completion of 12 months of the revocation period, which may
5include credit for a suspension period served under subdivision
6(c) of Section 13353.3,begin delete the personend deletebegin insert he or sheend insert may apply to the
7department for a restricted driver’sbegin delete license, subject to the following
8conditions:end delete
begin insert license if the person meets all of the following
9requirements:end insert

10(A) The personbegin delete has satisfactorily completed,end deletebegin insert satisfactorily
11provides,end insert
subsequent to the violation date of the current underlying
12conviction, either of the following:

13(i) The initial 12 months of an 18-month
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Codebegin insert, if a 30-month program is
16unavailable in the person’s county of residence or employmentend insert
.

17(ii) The initial 12 months of a 30-month
18driving-under-the-influence program licensed pursuant to Section
1911836 of the Health and Safety Code, if available in the county of
20the person’s residence orbegin delete employment, and the person agrees, as
21a condition of the restriction, to continue satisfactory participation
22in the 30-month driving-under-the-influence program.end delete
begin insert employment.end insert

begin insert

23(B) The person agrees, as a condition of the restriction, to
24continue satisfactory participation in the program described in
25subparagraph (A).

end insert
begin delete

26(B)

end delete

27begin insert(C)end insert The person submits the “Verification of Installation” form
28described in paragraph (2) of subdivision (g) of Section 13386.

begin delete

29(C)

end delete

30begin insert(D)end insert The person agrees to maintain the ignition interlock device
31as required under subdivision (g) of Section 23575.

begin delete

32(D)

end delete

33begin insert(E)end insert The person provides proof of financial responsibility, as
34defined in Section 16430.

begin delete

35(E)

end delete

36begin insert(F)end insert An individual convicted of a violation of Section 23152
37punishable under Section 23550 may also, at any time after
38sentencing, petition the court for referral to an 18-month
39driving-under-the-influence program licensed pursuant to Section
4011836 of the Health and Safety Code, or, if available in the county
P12   1of the person’s residence or employment, a 30-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code. Unless good cause is shown,
4the court shall order the referral.

begin delete

5(F)

end delete

6begin insert(G)end insert The person pays all applicable reinstatement or reissue fees
7and any restriction fee required by the department.

begin delete

8(G)

end delete

9begin insert(H)end insert The restriction shall remain in effect for the period required
10in subdivision (f) of Section 23575.

11(8) Upon a conviction or finding of a violation of subdivision
12(a) of Section 23109 that is punishable under subdivision (e) of
13that section or Section 23109.1, the privilege shall be suspended
14for a period of 90 days to six months, if ordered by the court. The
15privilege shall not be reinstated until the person gives proof of
16financial responsibility, as defined in Section 16430.

17(9) Upon a conviction or finding of a violation of subdivision
18(a) of Section 23109 that is punishable under subdivision (f) of
19that section, the privilege shall be suspended for a period of six
20months, if ordered by the court. The privilege shall not be reinstated
21until the person gives proof of financial responsibility, as defined
22in Section 16430.

23(b) For the purpose of paragraphs (2) to (9), inclusive, of
24subdivision (a), the finding of the juvenile court judge, the juvenile
25hearing officer, or the referee of a juvenile court of a commission
26of a violation of Section 23152 orbegin delete 23153 orend deletebegin insert 23153,end insert subdivision (a)
27of Sectionbegin delete 23109end deletebegin insert 23109,end insert or Section 23109.1, as specified in
28subdivision (a) of this section, is a conviction.

29(c) A judge of a juvenile court, juvenile hearing officer, or
30referee of a juvenile court shall immediately report the findings
31specified in subdivision (a) to the department.

32(d) A conviction of an offense in a state, territory, or possession
33of the United States, the District of Columbia, the Commonwealth
34of Puerto Rico, or Canada that, if committed in this state, would
35be a violation of Section 23152, is a conviction of Section 23152
36for the purposes of this section, and a conviction of an offense
37that, if committed in this state, would be a violation of Section
3823153, is a conviction of Section 23153 for the purposes of this
39section. The department shall suspend or revoke the privilege to
P13   1operate a motor vehicle pursuant to this section upon receiving
2notice of that conviction.

3(e) For the purposes of the restriction conditions specified in
4paragraphs (3) to (7), inclusive, of subdivision (a), department
5shall terminate the restriction imposed pursuant to this section and
6shall suspend or revoke the person’s driving privilege upon receipt
7of notification from the driving-under-the-influence program that
8the person has failed to comply with the program requirements.
9The person’s driving privilege shall remain suspended or revoked
10for the remaining period of the original suspension or revocation
11imposed under this section and until all reinstatement requirements
12described in this section are met.

13(f) For the purposes of this section, completion of a program is
14the following:

15(1) Satisfactory completion of all program requirements
16approved pursuant to program licensure, as evidenced by a
17certificate of completion issued, under penalty of perjury, by the
18licensed program.

19(2) Certification, under penalty of perjury, by the director of a
20program specified in Section 8001 of the Penal Code, that the
21person has completed a program specified in Section 8001 of the
22Penal Code.

23(g) The holder of a commercial driver’s license who was
24operating a commercial motor vehicle, as defined in Section 15210,
25at the time of a violation that resulted in a suspension or revocation
26of the person’s noncommercial driving privilege under this section
27is not eligible for the restricted driver’s license authorized under
28 paragraphs (3) to (7), inclusive, of subdivision (a).

begin insert

29(h) This section shall become inoperative on July 1, 2016, and,
30as of January 1, 2017, is repealed, unless a later enacted statute,
31that becomes operative on or before January 1, 2017, deletes or
32extends the dates on which it becomes inoperative and is repealed.

end insert
33

SEC. 2.  

Section 13352 is added to the Vehicle Code, to read:

34

13352.  

(a) The department shall immediately suspend or
35revoke the privilege of a person to operate a motor vehicle upon
36the receipt of an abstract of the record of a court showing that the
37person has been convicted of a violation of Section 23152 or 23153,
38subdivision (a) of Section 23109, or Section 23109.1, or upon the
39receipt of a report of a judge of the juvenile court, a juvenile traffic
40hearing officer, or a referee of a juvenile court showing that the
P14   1person has been found to have committed a violation of Section
223152 or 23153, subdivision (a) of Section 23109, or Section
323109.1. If an offense specified in this section occurs in a vehicle
4defined in Section 15210, the suspension or revocation specified
5in this subdivision applies also to the noncommercial driving
6privilege. The commercial driving privilege shall be disqualified
7as specified in Sections 15300 to 15302, inclusive. For the purposes
8of this section, suspension or revocation shall be as follows:

9(1) Except as required under Section 13352.1 or 13352.4, upon
10a conviction or finding of a violation of Section 23152 punishable
11under Section 23536, the privilege shall be suspended for a period
12of six months. The privilege shall not be reinstated until the person
13gives proof of financial responsibility and gives proof satisfactory
14to the department of successful completion of a
15driving-under-the-influence program licensed pursuant to Section
1611836 of the Health and Safety Code described in subdivision (b)
17of Section 23538. If the court, as authorized under paragraph (3)
18of subdivision (b) of Section 23646, elects to order a person to
19enroll in, participate in, and complete either program described in
20subdivision (b) of Section 23542, the department shall require that
21program in lieu of the program described in subdivision (b) of
22Section 23538. For the purposes of this paragraph, enrollment in,
23participation in, and completion of an approved program shall
24occur subsequent to the date of the current violation. Credit shall
25not be given to any program activities completed prior to the date
26of the current violation.

27(2) Upon a conviction or finding of a violation of Section 23153
28punishable under Section 23554, the privilege shall be suspended
29for a period of one year. The privilege shall not be reinstated until
30the person gives proof of financial responsibility and gives proof
31satisfactory to the department of successful completion of a
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code as described in subdivision
34(b) of Section 23556. If the court, as authorized under paragraph
35(3) of subdivision (b) of Section 23646, elects to order a person
36to enroll in, participate in, and complete either program described
37in subdivision (b) of Section 23542, the department shall require
38that program in lieu of the program described in Section 23556.
39For the purposes of this paragraph, enrollment in, participation in,
40and completion of an approved program shall occur subsequent
P15   1to the date of the current violation. Credit shall not be given to any
2program activities completed prior to the date of the current
3violation. The department shall advise the person that he or she
4may apply to the department for a restricted driver’s license if the
5person meets all of the following requirements:

6(A) The person satisfactorily provides, subsequent to the
7violation date of the current underlying conviction, either of the
8following:

9(i) Proof of enrollment in a driving-under-the-influence program
10licensed pursuant to Section 11836 of the Health and Safety Code,
11as described in subdivision (b) of Section 23556.

12(ii) Proof of enrollment in a program described in subdivision
13(b) of Section 23542, if the court has ordered the person to enroll
14in, participate in, and complete either program described in that
15section, in which case the person shall not be required to provide
16the proof described in clause (i).

17(B) The person agrees, as a condition of the restriction, to
18continue satisfactory participation in the program described in
19subparagraph (A).

20(C) The person complies with subdivision (d) of Section
2123575.3, if applicable.

22(D) The person agrees to maintain the ignition interlock device
23as required under Section 23575.3, if applicable.

24(E) The person provides proof of financial responsibility, as
25defined in Section 16430.

26(F) The person pays all reissue fees and any restriction fee
27required by the department.

28(G) The person pays to the department a fee sufficient to cover
29the costs of administration of this paragraph, as determined by the
30department.

31(H) The restriction shall remain in effect for the period required
32in subdivision (e).

33(3) Except as provided in Section 13352.5, upon a conviction
34or finding of a violation of Section 23152 punishable under Section
3523540, the privilege shall be suspended for two years. The privilege
36shall not be reinstated until the person gives proof of financial
37responsibility and gives proof satisfactory to the department of
38successful completion of a driving-under-the-influence program
39licensed pursuant to Section 11836 of the Health and Safety Code
40as described in subdivision (b) of Section 23542. For the purposes
P16   1of this paragraph, enrollment in, participation in, and completion
2of an approved program shall occur subsequent to the date of the
3current violation. Credit shall not be given to any program activities
4completed prior to the date of the current violation. The department
5shall advise the person that he or she may apply to the department
6for a restricted driver’s license if the person meets all of the
7following requirements:

8(A) The person satisfactorily provides, subsequent to the
9violation date of the current underlying conviction, either of the
10following:

11(i) Proof of enrollment in an 18-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code if a 30-month program is
14unavailable in the person’s county of residence or employment.

15(ii) Proof of enrollment in a 30-month
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code, if available in the county of
18the person’s residence or employment.

19(B) The person agrees, as a condition of the restriction, to
20continue satisfactory participation in the program described in
21subparagraph (A).

22(C) The person complies with subdivision (d) of Section
2323575.3, if applicable.

24(D) The person agrees to maintain the ignition interlock device
25as required under Section 23575.3, if applicable.

26(E) The person provides proof of financial responsibility, as
27defined in Section 16430.

28(F) The person pays all reissue fees and any restriction fee
29required by the department.

30(G) The person pays to the department a fee sufficient to cover
31the costs of administration of this paragraph, as determined by the
32department.

33(H) The restriction shall remain in effect for the period required
34in subdivision (e).

35(4) Except as provided in this paragraph, upon a conviction or
36finding of a violation of Section 23153 punishable under Section
3723560, the privilege shall be revoked for a period of three years.
38The privilege may not be reinstated until the person gives proof
39of financial responsibility, and the person gives proof satisfactory
40to the department of successful completion of a
P17   1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code, as described in paragraph
3(4) of subdivision (b) of Section 23562 of this code. For the
4purposes of this paragraph, enrollment in, participation in, and
5completion of an approved program shall occur subsequent to the
6date of the current violation. Credit shall not be given to any
7program activities completed prior to the date of the current
8violation. The department shall advise the person that he or she
9may apply to the department for a restricted driver’s license if the
10person meets all of the following requirements:

11(A) The person satisfactorily provides, subsequent to the
12violation date of the current underlying conviction, either of the
13following:

14(i)  Proof of enrollment in an 18-month
15driving-under-the-influence program licensed pursuant to Section
1611836 of the Health and Safety Code if a 30-month program is
17unavailable in the person’s county of residence or employment.

18(ii)  Proof of enrollment in a 30-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code, if available in the county of
21the person’s residence or employment.

22(B) The person agrees, as a condition of the restriction, to
23continue satisfactory participation in the program described in
24subparagraph (A).

25(C) The person complies with subdivision (d) of Section
2623575.3, if applicable.

27(D) The person agrees to maintain the ignition interlock device
28as required under Section 23575.3, if applicable.

29(E) The person provides proof of financial responsibility, as
30defined in Section 16430.

31(F) The person pays all applicable reinstatement or reissue fees
32and any restriction fee required by the department.

33(G) The restriction shall remain in effect for the period required
34in subdivision (e).

35(5) Except as provided in this paragraph, upon a conviction or
36finding of a violation of Section 23152 punishable under Section
3723546, the privilege shall be revoked for a period of three years.
38The privilege shall not be reinstated until the person files proof of
39financial responsibility and gives proof satisfactory to the
40department of successful completion of an 18-month
P18   1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code, as described in subdivision
3(b) or (c) of Section 23548 of this code, if a 30-month program is
4unavailable in the person’s county of residence or employment,
5or, if available in the county of the person’s residence or
6employment, a 30-month driving-under-the-influence program
7licensed pursuant to Section 11836 of the Health and Safety Code,
8or a program specified in Section 8001 of the Penal Code. For the
9purposes of this paragraph, enrollment in, participation in, and
10completion of an approved program shall occur subsequent to the
11date of the current violation. Credit shall not be given to any
12program activities completed prior to the date of the current
13violation. The department shall advise the person that he or she
14may apply to the department for a restricted driver’s license if the
15person meets all of the following requirements:

16(A) The person satisfactorily provides, subsequent to the
17violation date of the current underlying conviction, either of the
18following:

19(i) Proof of enrollment in an 18-month
20 driving-under-the-influence program licensed pursuant to Section
2111836 of the Health and Safety Code if a 30-month program is
22unavailable in the person’s county of residence or employment.

23(ii) Proof of enrollment in a 30-month
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code, if available in the county of
26the person’s residence or employment.

27(B) The person agrees, as a condition of the restriction, to
28continue satisfactory participation in the program described in
29subparagraph (A).

30(C) The person complies with subdivision (d) of Section
3123575.3, if applicable.

32(D) The person agrees to maintain the ignition interlock device
33as required under Section 23575.3, if applicable.

34(E) The person provides proof of financial responsibility, as
35defined in Section 16430.

36(F) An individual convicted of a violation of Section 23152
37punishable under Section 23546 may also, at any time after
38sentencing, petition the court for referral to an 18-month
39driving-under-the-influence program licensed pursuant to Section
4011836 of the Health and Safety Code, or, if available in the county
P19   1of the person’s residence or employment, a 30-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code. Unless good cause is shown,
4the court shall order the referral.

5(G) The person pays all applicable reinstatement or reissue fees
6and any restriction fee required by the department.

7(H) The person pays to the department a fee sufficient to cover
8the costs of administration of this paragraph, as determined by the
9department.

10(I) The restriction shall remain in effect for the period required
11in subdivision (e).

12(6) Except as provided in this paragraph, upon a conviction or
13finding of a violation of Section 23153 punishable under Section
1423550.5 or 23566, the privilege shall be revoked for a period of
15five years. The privilege may not be reinstated until the person
16gives proof of financial responsibility and gives proof satisfactory
17to the department of successful completion of a
18driving-under-the-influence program licensed pursuant to Section
1911836 of the Health and Safety Code as described in subdivision
20(b) of Section 23568, or if available in the county of the person’s
21residence or employment, a 30-month driving-under-the-influence
22program licensed pursuant to Section 11836 of the Health and
23Safety Code, or a program specified in Section 8001 of the Penal
24Code. For the purposes of this paragraph, enrollment in,
25participation in, and completion of an approved program shall be
26subsequent to the date of the current violation. Credit shall not be
27given to any program activities completed prior to the date of the
28current violation. The department shall advise the person that he
29or she may apply to the department for a restricted driver’s license
30if the person meets all of the following requirements:

31(A) The person satisfactorily provides, subsequent to the
32violation date of the current underlying conviction, either of the
33following:

34(i)  Proof of enrollment in a 30-month
35driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code, if available in the county of
37the person’s residence or employment.

38(ii)  Proof of enrollment in an 18-month
39driving-under-the-influence program licensed pursuant to Section
P20   111836 of the Health and Safety Code, if a 30-month program is
2unavailable in the person’s county of residence or employment.

3(B) The person agrees, as a condition of the restriction, to
4continue satisfactory participation in the program described in
5subparagraph (A).

6(C) The person complies with subdivision (d) of Section
723575.3, if applicable.

8(D) The person agrees to maintain the ignition interlock device
9as required under Section 23575.3, if applicable.

10(E) The person provides proof of financial responsibility, as
11defined in Section 16430.

12(F) An individual convicted of a violation of Section 23153
13punishable under Section 23566 may also, at any time after
14sentencing, petition the court for referral to an 18-month
15driving-under-the-influence program licensed pursuant to Section
1611836 of the Health and Safety Code, or, if available in the county
17of the person’s residence or employment, a 30-month
18driving-under-the-influence program licensed pursuant to Section
1911836 of the Health and Safety Code. Unless good cause is shown,
20the court shall order the referral.

21(G) The person pays all applicable reinstatement or reissue fees
22and any restriction fee required by the department.

23(H) The restriction shall remain in effect for the period required
24in subdivision (e).

25(7) Except as provided in this paragraph, upon a conviction or
26finding of a violation of Section 23152 punishable under Section
2723550 or 23550.5, or of a violation of Section 23153 punishable
28under Section 23550.5, the privilege shall be revoked for a period
29of four years. The privilege shall not be reinstated until the person
30files proof of financial responsibility and gives proof satisfactory
31to the department of successful completion of an 18-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code, if a 30-month program is
34unavailable in the person’s county of residence or employment,
35or, if available in the county of the person’s residence or
36employment, a 30-month driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code,
38or a program specified in Section 8001 of the Penal Code. For the
39purposes of this paragraph, enrollment in, participation in, and
40completion of an approved program shall occur subsequent to the
P21   1date of the current violation. Credit shall not be given to any
2program activities completed prior to the date of the current
3violation. The department shall advise the person that he or she
4may apply to the department for a restricted driver’s license if the
5person meets all of the following requirements:

6(A) The person satisfactorily provides, subsequent to the
7violation date of the current underlying conviction, either of the
8following:

9(i)  Proof of enrollment in an 18-month
10driving-under-the-influence program licensed pursuant to Section
1111836 of the Health and Safety Code, if a 30-month program is
12unavailable in the person’s county of residence or employment.

13(ii)  Proof of enrollment in a 30-month
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code, if available in the county of
16 the person’s residence or employment.

17(B) The person agrees, as a condition of the restriction, to
18continue satisfactory participation in the program described in
19subparagraph (A).

20(C) The person complies with subdivision (d) of Section
2123575.3, if applicable.

22(D) The person agrees to maintain the ignition interlock device
23as required under Section 23575.3, if applicable.

24(E) The person provides proof of financial responsibility, as
25defined in Section 16430.

26(F) An individual convicted of a violation of Section 23152
27punishable under Section 23550 may also, at any time after
28sentencing, petition the court for referral to an 18-month
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code, or, if available in the county
31of the person’s residence or employment, a 30-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code. Unless good cause is shown,
34the court shall order the referral.

35(G) The person pays all applicable reinstatement or reissue fees
36and any restriction fee required by the department.

37(H) The restriction shall remain in effect for the period required
38in subdivision (e).

39(8) Upon a conviction or finding of a violation of subdivision
40(a) of Section 23109 that is punishable under subdivision (e) of
P22   1that section or Section 23109.1, the privilege shall be suspended
2for a period of 90 days to six months, if ordered by the court. The
3privilege shall not be reinstated until the person gives proof of
4 financial responsibility, as defined in Section 16430.

5(9) Upon a conviction or finding of a violation of subdivision
6(a) of Section 23109 that is punishable under subdivision (f) of
7that section, the privilege shall be suspended for a period of six
8months, if ordered by the court. The privilege shall not be reinstated
9until the person gives proof of financial responsibility, as defined
10in Section 16430.

11(b) For the purpose of paragraphs (2) to (9), inclusive, of
12subdivision (a), the finding of the juvenile court judge, the juvenile
13hearing officer, or the referee of a juvenile court of a commission
14of a violation of Section 23152 or 23153, subdivision (a) of Section
1523109, or Section 23109.1, as specified in subdivision (a) of this
16section, is a conviction.

17(c) A judge of a juvenile court, juvenile hearing officer, or
18referee of a juvenile court shall immediately report the findings
19specified in subdivision (a) to the department.

20(d) A conviction of an offense in a state, territory, or possession
21of the United States, the District of Columbia, the Commonwealth
22of Puerto Rico, or Canada that, if committed in this state, would
23be a violation of Section 23152, is a conviction of Section 23152
24for the purposes of this section, and a conviction of an offense
25that, if committed in this state, would be a violation of Section
2623153, is a conviction of Section 23153 for the purposes of this
27section. The department shall suspend or revoke the privilege to
28operate a motor vehicle pursuant to this section upon receiving
29notice of that conviction.

30(e) (1) Except as specified in paragraph (2) or (3), the restriction
31conditions specified in paragraphs (2) to (7), inclusive, of
32 subdivision (a) shall remain in effect for at least the remaining
33period of the original suspension or revocation and until all
34reinstatement requirements are satisfied.

35(2) For the purposes of the restriction conditions specified in
36paragraphs (2) to (7), inclusive, of subdivision (a), the department
37shall terminate the restriction imposed pursuant to this section and
38shall suspend or revoke the person’s driving privilege upon receipt
39of notification from the driving-under-the-influence program that
40the person has failed to comply with the program requirements.
P23   1The person’s driving privilege shall remain suspended or revoked
2for the remaining period of the original suspension or revocation
3imposed under this section and until all reinstatement requirements
4described in this section are met.

5(3) The department shall immediately terminate the restriction
6issued pursuant to this section and shall immediately suspend or
7revoke the privilege to operate a motor vehicle of a person who,
8with respect to an ignition interlock device installed pursuant to
9Section 23575.3, attempts to remove, bypass, or tamper with the
10device, has the device removed prior to the termination date of the
11restriction, or fails three or more times to comply with any
12requirement for the maintenance or calibration of the device. The
13privilege shall remain suspended or revoked for the remaining
14period of the originating suspension or revocation and until all
15reinstatement requirements in this section are satisfied.

16(f) For the purposes of this section, completion of a program is
17the following:

18(1) Satisfactory completion of all program requirements
19approved pursuant to program licensure, as evidenced by a
20certificate of completion issued, under penalty of perjury, by the
21licensed program.

22(2) Certification, under penalty of perjury, by the director of a
23program specified in Section 8001 of the Penal Code, that the
24person has completed a program specified in Section 8001 of the
25Penal Code.

26(g) The holder of a commercial driver’s license who was
27operating a commercial motor vehicle, as defined in Section 15210,
28at the time of a violation that resulted in a suspension or revocation
29of the person’s noncommercial driving privilege under this section
30is not eligible for the restricted driver’s license authorized under
31paragraphs (3) to (7), inclusive, of subdivision (a).

32(h) The reinstatement of the driving privilege pursuant to this
33section does not abrogate a person’s continuing duty to comply
34with any restriction imposed pursuant to Section 23575.3.

35(i) This section shall become operative on July 1, 2016.

36

SEC. 3.  

Section 13352.4 of the Vehicle Code is amended to
37read:

38

13352.4.  

(a) Except as provided in subdivision (h), the
39department shall issue a restricted driver’s license to a person
40whose driver’s license was suspended under paragraph (1) of
P24   1subdivision (a) of Section 13352 or Section 13352.1, if the person
2meets all of the following requirements:

3(1) Submits proof satisfactory to the department ofbegin delete enrollment
4in, or completion of, a driving-under-the-influence program
5licensed pursuant to Section 11836 of the Health and Safety Code,
6as described in subdivision (b) of Section 23538.end delete
begin insert either of the
7following, as applicable:end insert

begin insert

8(A) Enrollment in a driving-under-the-influence program
9licensed pursuant to Section 11836 of the Health and Safety Code,
10as described in subdivision (b) of Section 23538.

end insert
begin insert

11(B) Enrollment in a program described in subdivision (b) of
12Section 23542, if the court has ordered the person to enroll in,
13participate in, and complete either program described in that
14section, in which case the person shall not be required to provide
15proof of the enrollment described in subparagraph (A).

end insert

16(2) Submits proof of financial responsibility, as defined in
17Section 16430.

18(3) Pays all applicable reinstatement or reissue fees and any
19restriction fee required by the department.

20(b) The restriction of the driving privilege shall become effective
21when the department receives all of the documents and fees
22required under subdivision (a) and shall remain in effect until the
23final day of the original suspension imposed under paragraph (1)
24of subdivision (a) of Section 13352 or Section 13352.1, or until
25the date all reinstatement requirements described in Section 13352
26or Section 13352.1 have been met, whichever date is later, and
27may include credit for any suspension period served under
28subdivision (c) of Section 13353.3.

29(c) The restriction of the driving privilege shall be limited to
30the hours necessary for driving to and from the person’s place of
31employment, driving during the course of employment, and driving
32to and from activities required in the driving-under-the-influence
33program.

34(d) Whenever the driving privilege is restricted under this
35section, proof of financial responsibility, as defined in Section
3616430, shall be maintained for three years. If the person does not
37maintain that proof of financial responsibility at any time during
38the restriction, the driving privilege shall be suspended until the
39proof required under Section 16484 is received by the department.

P25   1(e) For the purposes of this section, enrollment, participation,
2and completion of an approved program shall be subsequent to the
3date of the current violation. Credit may not be given to a program
4activity completed prior to the date of the current violation.

5(f) The department shall terminate the restriction issued under
6this section and shall suspend the privilege to operate a motor
7vehicle pursuant to paragraph (1) of subdivision (a) of Section
813352 or Section 13352.1 immediately upon receipt of notification
9from the driving-under-the-influence program that the person has
10failed to comply with the program requirements. The privilege
11shall remain suspended until the final day of the original suspension
12imposed under paragraph (1) of subdivision (a) of Section 13352
13or Section 13352.1, or until the date all reinstatement requirements
14described in Section 13352 or Section 13352.1 have been met,
15whichever date is later.

16(g) The holder of a commercial driver’s license who was
17operating a commercial motor vehicle, as defined in Section 15210,
18at the time of a violation that resulted in a suspension or revocation
19of the person’s noncommercial driving privilege under paragraph
20(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
21eligible for the restricted driver’s license authorized under this
22section.

23(h) If, upon conviction, the court has made the determination,
24as authorized under subdivision (d) of Section 23536 or paragraph
25(3) of subdivision (a) of Section 23538, to disallow the issuance
26of a restricted driver’s license, the department may not issue a
27restricted driver’s license under this section.

begin insert

28(i) This section shall become inoperative on July 1, 2016, and,
29as of January 1, 2017, is repealed, unless a later enacted statute,
30that becomes operative on or before January 1, 2017, deletes or
31extends the dates on which it becomes inoperative and is repealed.

end insert
32

SEC. 4.  

Section 13352.4 is added to the Vehicle Code, to read:

33

13352.4.  

(a) Except as provided in subdivision (h), the
34department shall issue a restricted driver’s license to a person
35whose driver’s license was suspended under paragraph (1) of
36subdivision (a) of Section 13352 or Section 13352.1, if the person
37meets all of the following requirements:

38(1) Submits proof satisfactory to the department of either of the
39following:

P26   1(A) Enrollment in a driving-under-the-influence program
2licensed pursuant to Section 11836 of the Health and Safety Code,
3as described in subdivision (b) of Section 23538.

4(B) Enrollment in a program described in subdivision (b) of
5Section 23542, if the court has ordered the person to enroll in,
6participate in, and complete either program described in that
7section, in which case the person shall not be required to provide
8proof of the enrollment described in subparagraph (A).

9(2) Complies with subdivision (d) of Section 23575.3, if
10applicable.

11(3) Agrees to maintain the ignition interlock device as required
12under Section 23575.3, if applicable.

13(4) Submits proof of financial responsibility, as defined in
14Section 16430.

15(5) Pays all applicable reinstatement or reissue fees and any
16restriction fee required by the department.

17(b) The restriction of the driving privilege shall become effective
18when the department receives all of the documents and fees
19 required under subdivision (a) and shall remain in effect until the
20final day of the original suspension imposed under paragraph (1)
21of subdivision (a) of Section 13352 or Section 13352.1, or until
22the date all reinstatement requirements described in Section 13352
23or Section 13352.1 have been met, whichever date is later, and
24may include credit for any suspension period served under
25subdivision (c) of Section 13353.3.

26(c) The restriction of the driving privilege shall be limited to
27the hours necessary for driving to and from the person’s place of
28employment, driving during the course of employment, and driving
29to and from activities required in the driving-under-the-influence
30program.

31(d) Whenever the driving privilege is restricted under this
32section, proof of financial responsibility, as defined in Section
3316430, shall be maintained for three years. If the person does not
34 maintain that proof of financial responsibility at any time during
35the restriction, the driving privilege shall be suspended until the
36proof required under Section 16484 is received by the department.

37(e) For the purposes of this section, enrollment, participation,
38and completion of an approved program shall be subsequent to the
39date of the current violation. Credit may not be given to a program
40activity completed prior to the date of the current violation.

P27   1(f) (1) The department shall terminate the restriction issued
2under this section and shall suspend the privilege to operate a motor
3vehicle pursuant to paragraph (1) of subdivision (a) of Section
413352 or Section 13352.1 immediately upon receipt of notification
5from the driving-under-the-influence program that the person has
6failed to comply with the program requirements. The privilege
7shall remain suspended until the final day of the original suspension
8imposed under paragraph (1) of subdivision (a) of Section 13352
9or Section 13352.1, or until the date all reinstatement requirements
10described in Section 13352 or Section 13352.1 have been met,
11whichever date is later.

12(2) The department shall immediately terminate the restriction
13issued pursuant to this section and shall immediately suspend or
14revoke the privilege to operate a motor vehicle of a person who,
15with respect to an ignition interlock device installed pursuant to
16Section 23575.3, attempts to remove, bypass, or tamper with the
17device, has the device removed prior to the termination date of the
18restriction, or fails three or more times to comply with any
19requirement for the maintenance or calibration of the device. The
20privilege shall remain suspended or revoked for the remaining
21period of the originating suspension or revocation and until all
22reinstatement requirements in this section are satisfied.

23(g) The holder of a commercial driver’s license who was
24operating a commercial motor vehicle, as defined in Section 15210,
25at the time of a violation that resulted in a suspension or revocation
26of the person’s noncommercial driving privilege under paragraph
27(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
28eligible for the restricted driver’s license authorized under this
29section.

30(h) If, upon conviction, the court has made the determination,
31as authorized under subdivision (d) of Section 23536 or paragraph
32(3) of subdivision (a) of Section 23538, to disallow the issuance
33of a restricted driver’s license, the department may not issue a
34restricted driver’s license under this section.

35(i) This section shall become operative on July 1, 2016.

36

SEC. 5.  

Section 13353.3 of the Vehicle Code is amended to
37read:

38

13353.3.  

(a) An order of suspension of a person’s privilege to
39operate a motor vehicle pursuant to Section 13353.2 shall become
P28   1effective 30 days after the person is served with the notice pursuant
2to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

3(b) The period of suspension of a person’s privilege to operate
4a motor vehicle under Section 13353.2 is as follows:

5(1) If the person has not been convicted of a separate violation
6of Section 23103, as specified in Section 23103.5, or Section
723140, 23152, or 23153, or Section 191.5 or subdivision (a) of
8Section 192.5 of the Penal Code, the person has not been
9administratively determined to have refused chemical testing
10pursuant to Section 13353 or 13353.1, or the person has not been
11administratively determined to have been driving with an excessive
12concentration of alcohol pursuant to Section 13353.2 on a separate
13occasion, which offense or occurrence occurred within 10 years
14of the occasion in question, the person’s privilege to operate a
15motor vehicle shall be suspended for four months.

16(2) (A) If the person has been convicted of one or more separate
17violations of Section 23103, as specified in Section 23103.5, or
18Section 23140, 23152, or 23153, or Section 191.5 or subdivision
19(a) of Section 192.5 of the Penal Code, the person has been
20administratively determined to have refused chemical testing
21pursuant to Section 13353 or 13353.1, or the person has been
22administratively determined to have been driving with an excessive
23concentration of alcohol pursuant to Section 13353.2 on a separate
24occasion, which offense or occasion occurred within 10 years of
25the occasion in question, the person’s privilege to operate a motor
26vehicle shall be suspended for one year, except as provided in
27subparagraphs (B) and (C).

28(B) The one-year suspension pursuant to subparagraph (A) shall
29terminate if the person has been convicted of a violation arising
30out of the same occurrence and all of the following conditions are
31met:

32(i) The person is eligible for a restricted driver’s license pursuant
33to Section 13352.

34(ii) The person installs an ignition interlock device as required
35in Section 13352 for that restricted driver’s license.

36(iii) The person complies with all other applicable conditions
37of Section 13352 for a restricted driver’s license.

38(C) The one-year suspension pursuant to subparagraph (A) shall
39terminate after completion of a 90-day suspension period, and the
40person shall be eligible for a restricted license if the person has
P29   1been convicted of a violation of Section 23103, as specified in
2Section 23103.5, arising out of the same occurrence, has no more
3than two prior alcohol-related convictions within 10 years, as
4specified pursuant to subparagraph (A), and all of the following
5conditions are met:

6(i) The person satisfactorily provides, subsequent to the
7underlying violation date, proof satisfactory to the department of
8enrollment in a nine-month driving-under-the-influence program
9licensed pursuant to Chapter 9 (commencing with Section 11836)
10of Part 2 of Division 10.5 of the Health and Safety Code that
11consists of at least 60 hours of program activities, including
12education, group counseling, and individual interview sessions.

13(ii) The person agrees, as a condition of the restriction, to
14continue satisfactory participation in the program described in
15clause (i).

16(iii) The person installs an ignition interlock device and submits
17the “Verification of Installation” form described in paragraph (2)
18of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 13386.

19(iv) The person agrees to maintain the ignition interlock device
20as required pursuant to subdivision (g) of Section 23575.

21(v) The person provides proof of financial responsibility, as
22defined in Section 16430.

23(vi) The person pays all license fees and any restriction fee
24required by the department.

25(vii) The person pays to the department a fee sufficient to cover
26the costs of administration of this paragraph, as determined by the
27department.

28(D) The department shall advise those persons that are eligible
29under subparagraph (C) that after completion of 90 days of the
30suspension period, the person may apply to the department for a
31restricted driver’s license, subject to the conditions set forth in
32subparagraph (C).

33(E) The restricted driving privilege shall become effective when
34the department receives all of the documents and fees required
35under subparagraph (C) and remain in effect for at least the
36remaining period of the original suspension and until the person
37provides satisfactory proof to the department of successful
38completion of a driving-under-the-influence program licensed
39pursuant to Section 11836 of the Health and Safety Code. The
P30   1restricted driving privilege shall be subject to the following
2conditions:

3(i) If the driving privilege is restricted under this section, proof
4of financial responsibility, as described in Section 16430, shall be
5maintained for three years. If the person does not maintain that
6proof of financial responsibility at any time during the restriction,
7the driving privilege shall be suspended until the proof required
8pursuant to Section 16484 is received by the department.

9(ii) For the purposes of this section, enrollment, participation,
10and completion of an approved program shallbegin delete beend deletebegin insert occurend insert subsequent
11to the date of the current violation. Credit may not be given to a
12program activity completed prior to the date of the current
13violation.

14(iii) The department shall terminate the restriction issued
15pursuant to this section and shall suspend the privilege to operate
16a motor vehicle pursuant to subparagraph (A) immediately upon
17receipt of notification from the driving-under-the-influence
18program that the person has failed to comply with the program
19requirements. The privilege shall remain suspended until the final
20day of the original suspension imposed pursuant to subparagraph
21(A).

22(iv) The department shall terminate the restriction issued
23pursuant to this section and shall immediately suspend the privilege
24to operate a motor vehicle pursuant to subparagraph (A)
25immediately upon receipt of notification from the installer that a
26person has attempted to remove, bypass, or tamper with the ignition
27interlock device, has removed the device prior to the termination
28date of the restriction, or fails three or more times to comply with
29any requirement for the maintenance or calibration of the ignition
30interlock device ordered pursuant to this section. The privilege
31shall remain suspended for the remaining period of the original
32suspension imposed pursuant to subparagraph (A).

33(3) Notwithstanding any other law, if a person has been
34administratively determined to have been driving in violation of
35Section 23136 or to have refused chemical testing pursuant to
36Section 13353.1, the period of suspension shall not be for less than
37one year.

38(c) If a person’s privilege to operate a motor vehicle is
39suspended pursuant to Section 13353.2 and the person is convicted
40of a violation of Section 23152 or 23153, including, but not limited
P31   1to, a violation described in Section 23620, arising out of the same
2occurrence, both the suspension under Section 13353.2 and the
3suspension or revocation under Section 13352 shall be imposed,
4except that the periods of suspension or revocation shall run
5concurrently, and the total period of suspension or revocation shall
6not exceed the longer of the two suspension or revocation periods.

7(d) For the purposes of this section, a conviction of an offense
8in any state, territory, or possession of the United States, the
9District of Columbia, the Commonwealth of Puerto Rico, or the
10Dominion of Canada that, if committed in this state, would be a
11violation of Section 23103, as specified in Section 23103.5, or
12Section 23140, 23152, or 23153, or Section 191.5 or subdivision
13(a) of Section 192.5 of the Penal Code, is a conviction of that
14particular section of the Vehicle Code or Penal Code.

15(e) The holder of a commercial driver’s license who was
16operating a commercial motor vehicle, as defined in Section 15210,
17at the time of a violation that resulted in a suspension or revocation
18of the person’s noncommercial driving privilege is not eligible for
19the restricted driver’s license authorized pursuant to this section.

begin insert

20(f) This section shall become inoperative on July 1, 2016, and,
21as of January 1, 2017, is repealed, unless a later enacted statute,
22that becomes operative on or before January 1, 2017, deletes or
23extends the dates on which it becomes inoperative and is repealed.

end insert
24

SEC. 6.  

Section 13353.3 is added to the Vehicle Code, to read:

25

13353.3.  

(a) An order of suspension of a person’s privilege to
26operate a motor vehicle pursuant to Section 13353.2 shall become
27effective 30 days after the person is served with the notice pursuant
28to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

29(b) The period of suspension of a person’s privilege to operate
30a motor vehicle under Section 13353.2 is as follows:

31(1) If the person has not been convicted of a separate violation
32of Section 23103, as specified in Section 23103.5, or Section
3323140, 23152, or 23153, or Section 191.5 or subdivision (a) of
34Section 192.5 of the Penal Code, the person has not been
35administratively determined to have refused chemical testing
36pursuant to Section 13353 or 13353.1, or the person has not been
37administratively determined to have been driving with an excessive
38concentration of alcohol pursuant to Section 13353.2 on a separate
39occasion, which offense or occurrence occurred within 10 years
P32   1of the occasion in question, the person’s privilege to operate a
2motor vehicle shall be suspended for four months.

3(2) (A) If the person has been convicted of one or more separate
4violations of Section 23103, as specified in Section 23103.5, or
5Section 23140, 23152, or 23153, or Section 191.5 or subdivision
6(a) of Section 192.5 of the Penal Code, the person has been
7administratively determined to have refused chemical testing
8pursuant to Section 13353 or 13353.1, or the person has been
9administratively determined to have been driving with an excessive
10concentration of alcohol pursuant to Section 13353.2 on a separate
11occasion, which offense or occasion occurred within 10 years of
12the occasion in question, the person’s privilege to operate a motor
13vehicle shall be suspended for one year, except as provided in
14subparagraphs (B) and (C).

15(B) The one-year suspension pursuant to subparagraph (A) shall
16terminate if the person has been convicted of a violation arising
17out of the same occurrence and all of the following conditions are
18met:

19(i) The person is eligible for a restricted driver’s license pursuant
20to Section 13352.

21(ii) The person installs an ignition interlock device as required
22in Section 13352 for that restricted driver’s license.

23(iii) The person complies with all other applicable conditions
24of Section 13352 for a restricted driver’s license.

25(C) The one-year suspension pursuant to subparagraph (A) shall
26terminate after completion of a 90-day suspension period, and the
27person shall be eligible for a restricted license if the person has
28been convicted of a violation of Section 23103, as specified in
29Section 23103.5, arising out of the same occurrence, has no more
30than two prior alcohol-related convictions within 10 years, as
31specified pursuant to subparagraph (A), and all of the following
32conditions are met:

33(i) The person satisfactorily provides, subsequent to the
34underlying violation date, proof satisfactory to the department of
35enrollment in a nine-month driving-under-the-influence program
36licensed pursuant to Chapter 9 (commencing with Section 11836)
37of Part 2 of Division 10.5 of the Health and Safety Code that
38consists of at least 60 hours of program activities, including
39education, group counseling, and individual interview sessions.

P33   1(ii) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3clause (i).

4(iii) The person installs an ignition interlock device and submits
5the “Verification of Installation” form described in paragraph (2)
6of subdivision (g) of Section 13386.

7(iv) The person agrees to maintain the ignition interlock device
8as required under Section 23575.3.

9(v) The person provides proof of financial responsibility, as
10defined in Section 16430.

11(vi) The person pays all license fees and any restriction fee
12required by the department.

13(vii) The person pays to the department a fee sufficient to cover
14the costs of administration of this paragraph, as determined by the
15department.

16(D) The department shall advise those persons that are eligible
17under subparagraph (C) that after completion of 90 days of the
18suspension period, the person may apply to the department for a
19restricted driver’s license, subject to the conditions set forth in
20subparagraph (C).

21(E) The restricted driving privilege shall become effective when
22the department receives all of the documents and fees required
23under subparagraph (C) and remain in effect for at least the
24remaining period of the original suspension and until the person
25provides satisfactory proof to the department of successful
26completion of a driving-under-the-influence program licensed
27pursuant to Section 11836 of the Health and Safety Code. The
28restricted driving privilege shall be subject to the following
29conditions:

30(i) If the driving privilege is restricted under this section, proof
31of financial responsibility, as described in Section 16430, shall be
32maintained for three years. If the person does not maintain that
33proof of financial responsibility at any time during the restriction,
34the driving privilege shall be suspended until the proof required
35pursuant to Section 16484 is received by the department.

36(ii) For the purposes of this section, enrollment, participation,
37and completion of an approved program shall occur subsequent
38to the date of the current violation. Credit may not be given to a
39program activity completed prior to the date of the current
40violation.

P34   1(iii) The department shall terminate the restriction issued
2pursuant to this section and shall suspend the privilege to operate
3a motor vehicle pursuant to subparagraph (A) immediately upon
4receipt of notification from the driving-under-the-influence
5program that the person has failed to comply with the program
6requirements. The privilege shall remain suspended until the final
7day of the original suspension imposed pursuant to subparagraph
8(A).

9(iv) The department shall terminate the restriction issued
10pursuant to this section and shall immediately suspend the privilege
11to operate a motor vehicle pursuant to subparagraph (A)
12immediately upon receipt of notification from the installer that a
13person has attempted to remove, bypass, or tamper with the ignition
14interlock device, has removed the device prior to the termination
15date of the restriction, or fails three or more times to comply with
16any requirement for the maintenance or calibration of the ignition
17interlock device ordered pursuant to this section. The privilege
18shall remain suspended for the remaining period of the original
19suspension imposed pursuant to subparagraph (A).

20(3) Notwithstanding any other law, if a person has been
21administratively determined to have been driving in violation of
22Section 23136 or to have refused chemical testing pursuant to
23Section 13353.1, the period of suspension shall not be for less than
24one year.

25(c) If a person’s privilege to operate a motor vehicle is
26suspended pursuant to Section 13353.2 and the person is convicted
27of a violation of Section 23152 or 23153, including, but not limited
28to, a violation described in Section 23620, arising out of the same
29occurrence, both the suspension under Section 13353.2 and the
30suspension or revocation under Section 13352 shall be imposed,
31except that the periods of suspension or revocation shall run
32concurrently, and the total period of suspension or revocation shall
33not exceed the longer of the two suspension or revocation periods.

34(d) For the purposes of this section, a conviction of an offense
35in any state, territory, or possession of the United States, the
36District of Columbia, the Commonwealth of Puerto Rico, or the
37Dominion of Canada that, if committed in this state, would be a
38violation of Section 23103, as specified in Section 23103.5, or
39Section 23140, 23152, or 23153, or Section 191.5 or subdivision
P35   1(a) of Section 192.5 of the Penal Code, is a conviction of that
2particular section of the Vehicle Code or Penal Code.

3(e) The holder of a commercial driver’s license who was
4operating a commercial motor vehicle, as defined in Section 15210,
5at the time of a violation that resulted in a suspension or revocation
6of the person’s noncommercial driving privilege is not eligible for
7the restricted driver’s license authorized pursuant to this section.

8(f) This section shall become operative on July 1, 2016.

9

SEC. 7.  

Section 13353.4 of the Vehicle Code is amended to
10read:

11

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
12or 13353.8, the driving privilege shall not be restored, and a
13restricted or hardship permit to operate a motor vehicle shall not
14be issued, to a person during the suspension or revocation period
15specified in Section 13353, 13353.1, or 13353.3.

16(b) The privilege to operate a motor vehicle shall not be restored
17after a suspension or revocation pursuant to Section 13352, 13353,
1813353.1, or 13353.2 until all applicable fees, including the fees
19prescribed in Section 14905, have been paid and the person gives
20proof of financial responsibility, as defined in Section 16430, to
21the department.

begin insert

22(c) This section shall become inoperative on July 1, 2016, and,
23as of January 1, 2017, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2017, deletes or
25extends the dates on which it becomes inoperative and is repealed.

end insert
26

SEC. 8.  

Section 13353.4 is added to the Vehicle Code, to read:

27

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
2813353.7, or 13353.8, the driving privilege shall not be restored,
29and a restricted or hardship permit to operate a motor vehicle shall
30not be issued, to a person during the suspension or revocation
31period specified in Section 13353, 13353.1, or 13353.3.

32(b) The privilege to operate a motor vehicle shall not be restored
33after a suspension or revocation pursuant to Section 13352, 13353,
3413353.1, or 13353.2 until all applicable fees, including the fees
35prescribed in Section 14905, have been paid and the person gives
36proof of financial responsibility, as defined in Section 16430, to
37the department.

38(c) This section shall become operative on July 1, 2016.

39

SEC. 9.  

Section 13353.5 of the Vehicle Code is amended to
40read:

P36   1

13353.5.  

(a) If a person whose driving privilege is suspended
2or revoked under Section 13352, former Section 13352.4, Section
313352.4,begin insert Sectionend insert 13352.6, paragraph (1) of subdivision (g) of
4Section 23247, or paragraph (2) of subdivision (f) of Section 23575
5is a resident of another state at the time the mandatory period of
6suspension or revocation expires, the department may terminate
7the suspension or revocation, upon written application of the
8person, for the purpose of allowing the person to apply for a license
9in his or her state of residence. The application shall include, but
10need not be limited to, evidence satisfactory to the department that
11the applicant now resides in another state.

12(b) If the person submits an application for a California driver’s
13license within three years after the date of the action to terminate
14suspension or revocation pursuant to subdivision (a), a license
15shall not be issued until evidence satisfactory to the department
16establishes that the person is qualified for reinstatement and no
17grounds exist including, but not limited to, one or more subsequent
18convictions for driving under the influence of alcohol or other
19drugs that would support a refusal to issue a license. The
20department may waive the three-year requirement if the person
21provides the department with proof of financial responsibility, as
22defined in Section 16430, and proof satisfactory to the department
23of successful completion of a driving-under-the-influence program
24described in Section 13352, and the driving-under-the-influence
25program is of the length required under paragraphs (1) to (7),
26inclusive, of subdivision (a) of Section 13352.

27(c) For the purposes of this section, “state” includes a foreign
28province or country.

begin delete

29(d) This section shall become operative on September 20, 2005.

end delete
begin insert

30(d) This section shall become inoperative on July 1, 2016, and,
31as of January 1, 2017, is repealed, unless a later enacted statute,
32that becomes operative on or before January 1, 2017, deletes or
33extends the dates on which it becomes inoperative and is repealed.

end insert
34

SEC. 10.  

Section 13353.5 is added to the Vehicle Code, to
35read:

36

13353.5.  

(a) If a person whose driving privilege is suspended
37or revoked under Section 13352, former Section 13352.4, Section
3813352.4, Section 13352.6, paragraph (1) of subdivision (g) of
39Section 23247, or paragraph (3) of subdivision (e) of Section 13352
40is a resident of another state at the time the mandatory period of
P37   1suspension or revocation expires, the department may terminate
2the suspension or revocation, upon written application of the
3person, for the purpose of allowing the person to apply for a license
4in his or her state of residence. The application shall include, but
5need not be limited to, evidence satisfactory to the department that
6the applicant now resides in another state.

7(b) If the person submits an application for a California driver’s
8license within three years after the date of the action to terminate
9suspension or revocation pursuant to subdivision (a), a license
10shall not be issued until evidence satisfactory to the department
11establishes that the person is qualified for reinstatement and no
12grounds exist including, but not limited to, one or more subsequent
13convictions for driving under the influence of alcohol or other
14drugs that would support a refusal to issue a license. The
15department may waive the three-year requirement if the person
16provides the department with proof of financial responsibility, as
17defined in Section 16430, and proof satisfactory to the department
18of successful completion of a driving-under-the-influence program
19described in Section 13352, and the driving-under-the-influence
20program is of the length required under paragraphs (1) to (7),
21inclusive, of subdivision (a) of Section 13352.

22(c) For the purposes of this section, “state” includes a foreign
23province or country.

24(d) This section shall become operative on July 1, 2016.

25

SEC. 11.  

Section 13353.6 is added to the Vehicle Code, to
26read:

27

13353.6.  

(a) Notwithstanding any other law, a person whose
28driving privilege has been suspended under Section 13353.2 and
29who is eligible for a restricted driver’s license as provided for in
30Section 13353.3 or 13353.7 may be eligible for a restricted driver’s
31license without serving any period of the suspension if the person
32meets all of the eligibility requirements specified in those sections
33and the person does both of the following:

34(1)  The person installs an ignition interlock device on any
35vehicle that he or she own or operates and submits the “Verification
36of Installation” form described in paragraph (2) of subdivision (g)
37of Section 13386.

38(2) The person agrees to maintain the ignition interlock device
39as required under Section 23575.3.

40(b) This section shall become operative on July 1, 2016.

P38   1

SEC. 12.  

Section 13386 of the Vehicle Code is amended to
2read:

3

13386.  

(a) (1) Thebegin delete Department of Motor Vehiclesend deletebegin insert departmentend insert
4 shall certify or cause to be certified ignition interlock devices
5required by Article 5 (commencing with Section 23575) of Chapter
62 of Division 11.5 and publish a list of approved devices.

7(2) (A) Thebegin delete Department of Motor Vehiclesend deletebegin insert departmentend insert shall
8ensure that ignition interlock devices that have been certified
9according to the requirements of this section continue to meet
10certification requirements. The department may periodically require
11manufacturers to indicate in writing whether the devices continue
12to meet certification requirements.

13(B) The department may use denial of certification, suspension
14or revocation of certification, or decertification of an ignition
15interlock device in another state as an indication that the
16certification requirements are not met, if either of the following
17apply:

18(i) The denial of certification, suspension or revocation of
19certification, or decertification in another state constitutes a
20violation by the manufacturer of Article 2.55 (commencing with
21Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
22California Code of Regulations.

23(ii) The denial of certification for an ignition interlock device
24in another state was due to a failure of an ignition interlock device
25to meet the standards adopted by the regulation set forth in clause
26(i), specifically Sections 1 and 2 of the model specification for
27breath alcohol ignition interlock devices, as published by notice
28in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
29on pages 11774 to 11787, inclusive.

30(C) Failure to continue to meet certification requirements shall
31result in suspension or revocation of certification of ignition
32interlock devices.

33(b) (1) A manufacturer shall not furnish an installer, service
34center, technician, or consumer with technology or information
35that allows a device to be used in a manner that is contrary to the
36purpose for which it is certified.

37(2) Upon a violation of paragraph (1), the department shall
38suspend or revoke the certification of the ignition interlock device
39that is the subject of that violation.

P39   1(c) An installer, service center, or technician shall not tamper
2with, change, or alter the functionality of the device from its
3certified criteria.

4(d) The department shall utilize information from anbegin delete independent
5laboratory to certify ignition interlock devices on or off the
6premises of the manufacturer or manufacturer’s agent,end delete
begin insert independent,
7accredited (ISO/IEC 17025) laboratory to certify ignition interlock
8devices of the manufacturer or manufacturer’s agent,end insert
in accordance
9with the guidelines. The cost of certification shall be borne by the
10manufacturers of ignition interlock devices. If the certification of
11a device is suspended or revoked, the manufacturer of the device
12shall be responsible for, and shall bear the cost of, the removal of
13the device and the replacement of a certified device of the
14manufacturer or another manufacturer.

15(e) No model of ignition interlock device shall be certified unless
16it meets the accuracy requirements and specifications provided in
17the guidelines adopted by the National Highway Traffic Safety
18Administration.

19(f) All manufacturers of ignition interlock devices that meet the
20requirements of subdivision (e) and are certified in a manner
21approved by thebegin delete Department of Motor Vehicles,end deletebegin insert department,end insert who
22intend to market the devices in this state, first shall apply to the
23begin delete Department of Motor Vehiclesend deletebegin insert departmentend insert on forms provided by
24that department. The application shall be accompanied by a fee in
25an amount not to exceed the amount necessary to cover the costs
26incurred by the department in carrying out this section.

begin delete

27(g) A manufacturer and a manufacturer’s agent certified by the
28department to provide ignition interlock devices shall provide each
29year to the department information on the number of false positives
30and the time to reset the device. The department shall use this
31information in evaluating the continued certification of an ignition
32interlock device.

end delete
begin delete

33(h)

end delete

34begin insert(g)end insert The department shall ensure that standard forms and
35procedures are developed for documenting decisions and
36compliance and communicating results to relevant agencies. These
37forms shall include all of the following:

38(1) An “Option to Install,” to be sent by thebegin delete Department of
39Motor Vehiclesend delete
begin insert departmentend insert to repeat offenders along with the
40mandatory order of suspension or revocation. This shall include
P40   1the alternatives available for early license reinstatement with the
2installation of an ignition interlock device and shall be
3accompanied by a toll-free telephone number for each manufacturer
4 of a certified ignition interlock device. Information regarding
5approved installation locations shall be provided to drivers by
6manufacturers with ignition interlock devices that have been
7certified in accordance with this section.

8(2) A “Verification of Installation” to be returned to the
9department by the reinstating offender upon application for
10reinstatement. Copies shall be provided for the manufacturer or
11the manufacturer’s agent.

12(3) A “Notice of Noncompliance” and procedures to ensure
13continued use of the ignition interlock device during the restriction
14period and to ensure compliance with maintenance requirements.
15The maintenance period shall be standardized at 60 days to
16maximize monitoring checks for equipment tampering.

begin delete

17(i)

end delete

18begin insert(h)end insert Every manufacturer and manufacturer’s agent certified by
19the department to provide ignition interlock devices shall adopt
20fee schedules that provide for the payment of the costs of the device
21by applicants in amounts commensurate with the applicant’s ability
22to pay.

begin insert

23(i) A person who manufacturers, installs, services, or repairs,
24or otherwise deals in ignition interlock devices shall not disclose,
25sell, or transfer to a third party any individually identifiable
26information pertaining to individuals who are required by law to
27install an ignition interlock device on a vehicle that he or she owns
28or operates, except to the extent necessary to confirm or deny that
29an individual has complied with ignition interlock device
30installation and maintenance requirements.

end insert
31

SEC. 13.  

Section 23247 of the Vehicle Code is amended to
32read:

33

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
34or lend a motor vehicle to another person known to have had his
35or her driving privilege restricted as provided in Section 13352,
3623575, or 23700, unless the vehicle is equipped with a functioning,
37certified ignition interlock device. A person, whose driving
38privilege is restricted pursuant to Section 13352, 23575, or 23700
39shall notify any other person who rents, leases, or loans a motor
P41   1vehicle to him or her of the driving restriction imposed under that
2section.

3(b) It is unlawful for any person whose driving privilege is
4restricted pursuant to Section 13352, 23575, or 23700 to request
5or solicit any other person to blow into an ignition interlock device
6or to start a motor vehicle equipped with the device for the purpose
7of providing the person so restricted with an operable motor
8vehicle.

9(c) It is unlawful to blow into an ignition interlock device or to
10start a motor vehicle equipped with the device for the purpose of
11providing an operable motor vehicle to a person whose driving
12privilege is restricted pursuant to Section 13352, 23575, or 23700.

13(d) It is unlawful to remove, bypass, or tamper with, an ignition
14interlock device.

15(e) It is unlawful for any person whose driving privilege is
16restricted pursuant to Section 13352, 23575, or 23700 to operate
17any vehicle not equipped with a functioning ignition interlock
18device.

19(f) Any person convicted of a violation of this section shall be
20punished by imprisonment in the county jail for not more than six
21 months or by a fine of not more than five thousand dollars ($5,000),
22or by both that fine and imprisonment.

23(g) (1) If any person whose driving privilege is restricted
24pursuant to Section 13352 is convicted of a violation of subdivision
25(e), the court shall notify the Department of Motor Vehicles, which
26shall immediately terminate the restriction and shall suspend or
27revoke the person’s driving privilege for the remaining period of
28the originating suspension or revocation and until all reinstatement
29requirements in Section 13352 are met.

30(2) If any person who is restricted pursuant to subdivision (a)
31or (l) of Section 23575 or Section 23700 is convicted of a violation
32of subdivision (e), the department shall suspend the person’s
33driving privilege for one year from the date of the conviction.

34(h) Notwithstanding any otherbegin delete provision ofend delete law, if a vehicle in
35which an ignition interlock device has been installed is impounded,
36the manufacturer or installer of the device shall have the right to
37remove the device from the vehicle during normal business hours.
38No charge shall be imposed for the removal of the device nor shall
39the manufacturer or installer be liable for any removal, towing,
40impoundment, storage, release, or administrative costs or penalties
P42   1associated with the impoundment. Upon request, the person seeking
2to remove the device shall present documentation to justify removal
3of the device from the vehicle. Any damage to the vehicle resulting
4from the removal of the device is the responsibility of the person
5removing it.

begin insert

6(i) This section shall become inoperative on July 1, 2016, and,
7as of January 1, 2017, is repealed, unless a later enacted statute,
8that becomes operative on or before January 1, 2017, deletes or
9extends the dates on which it becomes inoperative and is repealed.

end insert
10

SEC. 14.  

Section 23247 is added to the Vehicle Code, to read:

11

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
12or lend a motor vehicle to another person known to have had his
13or her driving privilege restricted as provided in Section 13352,
1413352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
15with a functioning, certified ignition interlock device. A person,
16whose driving privilege is restricted pursuant to Section 13352,
1713352.4, 23575, 23575.3, or 23700 shall notify any other person
18who rents, leases, or loans a motor vehicle to him or her of the
19driving restriction imposed under that section.

20(b) It is unlawful for any person whose driving privilege is
21restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
2223700 to request or solicit any other person to blow into an ignition
23interlock device or to start a motor vehicle equipped with the device
24for the purpose of providing the person so restricted with an
25operable motor vehicle.

26(c) It is unlawful to blow into an ignition interlock device or to
27start a motor vehicle equipped with the device for the purpose of
28providing an operable motor vehicle to a person whose driving
29privilege is restricted pursuant to Section 13352, 13352.4, 23575,
3023575.3, or 23700.

31(d) It is unlawful to remove, bypass, or tamper with, an ignition
32interlock device.

33(e) It is unlawful for any person whose driving privilege is
34restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
3523700 to operate any vehicle not equipped with a functioning
36ignition interlock device.

37(f) Any person convicted of a violation of this section shall be
38punished by imprisonment in the county jail for not more than six
39months or by a fine of not more than five thousand dollars ($5,000),
40or by both that fine and imprisonment.

P43   1(g) (1) If any person whose driving privilege is restricted
2pursuant to Section 13352 or 13352.4 is convicted of a violation
3of subdivision (e), the court shall notify the Department of Motor
4Vehicles, which shall immediately terminate the restriction and
5shall suspend or revoke the person’s driving privilege for the
6remaining period of the originating suspension or revocation and
7until all reinstatement requirements in Section 13352 are met.

8(2) If any person who is restricted pursuant to Section 23575.3,
9subdivision (a) or (i) of Section 23575, or Section 23700 is
10convicted of a violation of subdivision (e), the department shall
11suspend the person’s driving privilege for one year from the date
12of the conviction.

13(h) Notwithstanding any other law, if a vehicle in which an
14ignition interlock device has been installed is impounded, the
15manufacturer or installer of the device shall have the right to
16remove the device from the vehicle during normal business hours.
17No charge shall be imposed for the removal of the device nor shall
18the manufacturer or installer be liable for any removal, towing,
19impoundment, storage, release, or administrative costs or penalties
20associated with the impoundment. Upon request, the person seeking
21to remove the device shall present documentation to justify removal
22of the device from the vehicle. Any damage to the vehicle resulting
23from the removal of the device is the responsibility of the person
24removing it.

25(i) This section shall become operative on July 1, 2016.

26

SEC. 15.  

Section 23573 of the Vehicle Code is amended to
27read:

28

23573.  

(a) The Department of Motor Vehicles, upon receipt
29of the court’s abstract of conviction for a violation listed in
30subdivision (j), shall inform the convicted person of the
31requirements of this section and the term for which the person is
32required to have a certified ignition interlock device installed. The
33records of the department shall reflect the mandatory use of the
34device for the term required and the time when the device is
35required to be installed pursuant to this code.

36(b) The department shall advise the person that installation of
37an ignition interlock device on a vehicle does not allow the person
38to drive without a valid driver’s license.

P44   1(c) A person who is notified by the department pursuant to
2subdivision (a) shall, within 30 days of notification, complete all
3of the following:

4(1) Arrange for each vehicle owned or operated by the person
5to be fitted with an ignition interlock device by a certified ignition
6interlock device provider under Section 13386.

7(2) Notify the department and provide to the department proof
8of installation by submitting the “Verification of Installation” form
9described in paragraph (2) of subdivision (g) of Section 13386.

10(3) Pay to the department a fee sufficient to cover the costs of
11administration of this section, including startup costs, as determined
12by the department.

13(d) The department shall place a restriction on the driver’s
14license record of the convicted person that states the driver is
15restricted to driving only vehicles equipped with a certified ignition
16interlock device.

17(e) (1) A person who is notified by the department pursuant to
18subdivision (a) shall arrange for each vehicle with an ignition
19interlock device to be serviced by the installer at least once every
2060 days in order for the installer to recalibrate and monitor the
21operation of the device.

22(2) The installer shall notify the department if the device is
23removed or indicates that the person has attempted to remove,
24bypass, or tamper with the device, or if the person fails three or
25more times to comply with any requirement for the maintenance
26or calibration of the ignition interlock device.

27(f) The department shall monitor the installation and
28maintenance of the ignition interlock device installed pursuant to
29subdivision (a).

30(g) (1) A person who is notified by the department, pursuant
31to subdivision (a), is exempt from the requirements of subdivision
32(c) if all of the following circumstances occur:

33(A) Within 30 days of the notification, the person certifies to
34the department all of the following:

35(i) The person does not own a vehicle.

36(ii) The person does not have access to a vehicle at his or her
37residence.

38(iii) The person no longer has access to the vehicle being driven
39by the person when he or she was arrested for a violation that
P45   1subsequently resulted in a conviction for a violation listed in
2subdivision (j).

3(iv) The person acknowledges that he or she is only allowed to
4drive a vehicle that is fitted with an operating ignition interlock
5device and that he or she is required to have a valid driver’s license
6before he or she can drive.

7(v) The person is subject to the requirements of this section
8when he or she purchases or has access to a vehicle.

9(B) The person’s driver’s license record has been restricted
10pursuant to subdivision (d).

11(C) The person complies with this section immediately upon
12commencing ownership or operation of a vehicle subject to the
13required installation of an ignition interlock device.

14(2) A person who has been granted an exemption pursuant to
15this subdivision and who subsequently drives a vehicle in violation
16of the exemption is subject to the penalties of subdivision (i) in
17addition to any other applicable penalties in law.

18(h) This section does not permit a person to drive without a
19valid driver’s license.

20(i) A person who is required under subdivision (c) to install an
21ignition interlock device who willfully fails to install the ignition
22interlock device within the time period required under subdivision
23(c) is guilty of a misdemeanor and shall be punished by
24imprisonment in the county jail for not more than six months or
25by a fine of not more than five thousand dollars ($5,000), or by
26both that fine and imprisonment.

27(j) In addition to all other requirements of this code, a person
28convicted of any of the following violations shall be punished as
29follows:

30(1) Upon a conviction of a violation of Section 14601.2,
3114601.4, or 14601.5 subsequent to one prior conviction of a
32violation of Section 23103.5, 23152, or 23153, within a 10-year
33period, the person shall immediately install a certified ignition
34interlock device, pursuant to this section, in all vehicles owned or
35operated by that person for a term of one year.

36(2) Upon a conviction of a violation of Section 14601.2,
3714601.4, or 14601.5 subsequent to two prior convictions of a
38violation of Section 23103.5, 23152, or 23153, within a 10-year
39period, or one prior conviction of Section 14601.2, 14601.4, or
4014601.5, within a 10-year period, the person shall immediately
P46   1install a certified ignition interlock device, pursuant to this section,
2in all vehicles owned or operated by that person for a term of two
3years.

4(3) Upon a conviction of a violation of Section 14601.2,
514601.4, or 14601.5 subsequent to three or more prior convictions
6of a violation of Section 23103.5, 23152, or 23153, within a
710-year period, or two or more prior convictions of Section
814601.2, 14601.4, or 14601.5, within a 10-year period, the person
9shall immediately install a certified ignition interlock device,
10pursuant to this section, in all vehicles owned or operated by that
11person for a term of three years.

12(k) The department shall notify the court if a person subject to
13this section has failed to show proof of installation within 30 days
14of the department informing the person he or she is required to
15install a certified ignition interlock device.

16(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
17to this section.

18(m) The requirements of this section are in addition to any other
19requirements of law.

begin delete

20(n) This section shall become operative on July 1, 2009.

end delete
begin insert

21(n) This section shall become inoperative on July 1, 2016, and,
22as of January 1, 2017, is repealed, unless a later enacted statute,
23that becomes operative on or before January 1, 2017, deletes or
24extends the dates on which it becomes inoperative and is repealed.

end insert
25

SEC. 16.  

Section 23573 is added to the Vehicle Code, to read:

26

23573.  

(a) The Department of Motor Vehicles, upon receipt
27of the court’s abstract of conviction for a violation listed in
28subdivision (j), shall inform the convicted person of the
29requirements of this section and the term for which the person is
30required to have a certified ignition interlock device installed. The
31records of the department shall reflect the mandatory use of the
32device for the term required and the time when the device is
33required to be installed pursuant to this code.

34(b) The department shall advise the person that installation of
35an ignition interlock device on a vehicle does not allow the person
36to drive without a valid driver’s license.

37(c) A person who is notified by the department pursuant to
38subdivision (a) shall, within 30 days of notification, complete all
39of the following:

P47   1(1) Arrange for each vehicle owned or operated by the person
2to be fitted with an ignition interlock device by a certified ignition
3interlock device provider under Section 13386.

4(2) Notify the department and provide to the department proof
5of installation by submitting the “Verification of Installation” form
6described in paragraph (2) of subdivision (g) of Section 13386.

7(3) Pay to the department a fee sufficient to cover the costs of
8administration of this section, including startup costs, as determined
9by the department.

10(d) The department shall place a restriction on the driver’s
11license record of the convicted person that states the driver is
12restricted to driving only vehicles equipped with a certified ignition
13interlock device.

14(e) (1) A person who is notified by the department pursuant to
15subdivision (a) shall arrange for each vehicle with an ignition
16interlock device to be serviced by the installer at least once every
1760 days in order for the installer to recalibrate and monitor the
18operation of the device.

19(2) The installer shall notify the department if the device is
20removed or indicates that the person has attempted to remove,
21bypass, or tamper with the device, or if the person fails three or
22more times to comply with any requirement for the maintenance
23or calibration of the ignition interlock device.

24(f) The department shall monitor the installation and
25maintenance of the ignition interlock device installed pursuant to
26subdivision (a).

27(g) (1) A person who is notified by the department, pursuant
28to subdivision (a), is exempt from the requirements of subdivision
29(c) if all of the following circumstances occur:

30(A) Within 30 days of the notification, the person certifies to
31the department all of the following:

32(i) The person does not own a vehicle.

33(ii) The person does not have access to a vehicle at his or her
34residence.

35(iii) The person no longer has access to the vehicle being driven
36by the person when he or she was arrested for a violation that
37subsequently resulted in a conviction for a violation listed in
38subdivision (j).

39(iv) The person acknowledges that he or she is only allowed to
40drive a vehicle that is fitted with an operating ignition interlock
P48   1device and that he or she is required to have a valid driver’s license
2before he or she can drive.

3(v) The person is subject to the requirements of this section
4when he or she purchases or has access to a vehicle.

5(B) The person’s driver’s license record has been restricted
6pursuant to subdivision (d).

7(C) The person complies with this section immediately upon
8commencing ownership or operation of a vehicle subject to the
9required installation of an ignition interlock device.

10(2) A person who has been granted an exemption pursuant to
11this subdivision and who subsequently drives a vehicle in violation
12of the exemption is subject to the penalties of subdivision (i) in
13addition to any other applicable penalties in law.

14(h) This section does not permit a person to drive without a
15valid driver’s license.

16(i) A person who is required under subdivision (c) to install an
17ignition interlock device who willfully fails to install the ignition
18interlock device within the time period required under subdivision
19(c) is guilty of a misdemeanor and shall be punished by
20imprisonment in the county jail for not more than six months or
21by a fine of not more than five thousand dollars ($5,000), or by
22both that fine and imprisonment.

23(j) In addition to all other requirements of this code, a person
24convicted of any of the following violations shall be punished as
25follows:

26(1) Upon a conviction of a violation of Section 14601.2,
2714601.4, or 14601.5 subsequent to one prior conviction of a
28violation of Section 23103.5, 23152, or 23153, within a 10-year
29period, the person shall immediately install a certified ignition
30interlock device, pursuant to this section, in all vehicles owned or
31operated by that person for a term of one year.

32(2) Upon a conviction of a violation of Section 14601.2,
3314601.4, or 14601.5 subsequent to two prior convictions of a
34violation of Section 23103.5, 23152, or 23153, within a 10-year
35period, or one prior conviction of Section 14601.2, 14601.4, or
3614601.5, within a 10-year period, the person shall immediately
37install a certified ignition interlock device, pursuant to this section,
38in all vehicles owned or operated by that person for a term of two
39years.

P49   1(3) Upon a conviction of a violation of Section 14601.2,
2 14601.4, or 14601.5 subsequent to three or more prior convictions
3of a violation of Section 23103.5, 23152, or 23153, within a
410-year period, or two or more prior convictions of Section
514601.2, 14601.4, or 14601.5, within a 10-year period, the person
6shall immediately install a certified ignition interlock device,
7pursuant to this section, in all vehicles owned or operated by that
8person for a term of three years.

9(k) The department shall notify the court if a person subject to
10this section has failed to show proof of installation within 30 days
11of the department informing the person he or she is required to
12install a certified ignition interlock device.

13(l) Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply
14to this section.

15(m) The requirements of this section are in addition to any other
16requirements of law.

17(n) This section shall become operative on July 1, 2016.

18

SEC. 17.  

Section 23575 of the Vehicle Code is amended to
19read:

20

23575.  

(a) (1) In addition to any other law, the court may
21require that a person convicted of a first offense violation of
22Section 23152 or 23153 install a certified ignition interlock device
23on any vehicle that the person owns or operates and prohibit that
24person from operating a motor vehicle unless that vehicle is
25equipped with a functioning, certified ignition interlock device.
26The court shall give heightened consideration to applying this
27sanction to a first offense violator with 0.15 percent or more, by
28weight, of alcohol in his or her blood at arrest, or with two or more
29prior moving traffic violations, or to persons who refused the
30chemical tests at arrest. If the court orders the ignition interlock
31device restriction, the term shall be determined by the court for a
32period not to exceed three years from the date of conviction. The
33court shall notify the Department of Motor Vehicles, as specified
34in subdivision (a) of Section 1803, of the terms of the restrictions
35in accordance with subdivision (a) of Section 1804. The
36Department of Motor Vehicles shall place the restriction in the
37person’s records in the Department of Motor Vehicles.

38(2) The court shall require a person convicted of a violation of
39Section 14601.2 to install an ignition interlock device on any
40vehicle that the person owns or operates and prohibit the person
P50   1from operating a motor vehicle unless the vehicle is equipped with
2a functioning, certified ignition interlock device. The term of the
3restriction shall be determined by the court for a period not to
4exceed three years from the date of conviction. The court shall
5notify the Department of Motor Vehicles, as specified in
6subdivision (a) of Section 1803, of the terms of the restrictions in
7accordance with subdivision (a) of Section 1804. The Department
8of Motor Vehicles shall place the restriction in the person’s records
9in the Department of Motor Vehicles.

10(b) The court shall include on the abstract of conviction or
11violation submitted to the Department of Motor Vehicles under
12Section 1803 or 1816 the requirement and term for the use of a
13certified ignition interlock device. The records of the department
14shall reflect mandatory use of the device for the term ordered by
15the court.

16(c) The court shall advise the person that installation of an
17ignition interlock device on a vehicle does not allow the person to
18drive without a valid driver’s license.

19(d) A person whose driving privilege is restricted by the court
20pursuant to this section shall arrange for each vehicle with an
21ignition interlock device to be serviced by the installer at least
22once every 60 days in order for the installer to recalibrate and
23monitor the operation of the device. The installer shall notify the
24court if the device is removed or indicates that the person has
25attempted to remove, bypass, or tamper with the device, or if the
26person fails three or more times to comply with a requirement for
27the maintenance or calibration of the ignition interlock device.
28There is no obligation for the installer to notify the court if the
29person has complied with all of the requirements of this article.

30(e) The court shall monitor the installation and maintenance of
31an ignition interlock device restriction ordered pursuant to
32subdivision (a) or (l). If a person fails to comply with the court
33order, the court shall give notice of the fact to the department
34pursuant to Section 40509.1.

35(f) (1) If a person is convicted of a violation of Section 23152
36or 23153 and the offense occurred within 10 years of one or more
37separate violations of Section 23152 or 23153 that resulted in a
38conviction, or if a person is convicted of a violation of Section
3923103, as specified in Section 23103.5, and is suspended for one
40year under Section 13353.3, the person may apply to the
P51   1Department of Motor Vehicles for a restricted driver’s license
2pursuant to Section 13352 or 13353.3 that prohibits the person
3from operating a motor vehicle unless that vehicle is equipped
4with a functioning ignition interlock device, certified pursuant to
5Section 13386. The restriction shall remain in effect for at least
6the remaining period of the original suspension or revocation and
7until all reinstatement requirements in Section 13352 or 13353.4
8are met.

9(2) Pursuant to subdivision (g), the Department of Motor
10Vehicles shall immediately terminate the restriction issued pursuant
11to Section 13352 or 13353.3 and shall immediately suspend or
12revoke the privilege to operate a motor vehicle of a person who
13attempts to remove, bypass, or tamper with the device, who has
14the device removed prior to the termination date of the restriction,
15or who fails three or more times to comply with any requirement
16for the maintenance or calibration of the ignition interlock device
17ordered pursuant to Section 13352 or 13353.3. The privilege shall
18remain suspended or revoked for the remaining period of the
19originating suspension or revocation and until all reinstatement
20requirements in Section 13352 or 13353.4 are met.

21(g) A person whose driving privilege is restricted by the
22Department of Motor Vehicles pursuant to Section 13352 or
2313353.3 shall arrange for each vehicle with an ignition interlock
24device to be serviced by the installer at least once every 60 days
25in order for the installer to recalibrate the device and monitor the
26operation of the device. The installer shall notify the Department
27of Motor Vehicles if the device is removed or indicates that the
28person has attempted to remove, bypass, or tamper with the device,
29or if the person fails three or more times to comply with any
30requirement for the maintenance or calibration of the ignition
31interlock device. There is no obligation on the part of the installer
32to notify the department or the court if the person has complied
33with all of the requirements of this section.

34(h) Nothing in this section permits a person to drive without a
35valid driver’s license.

36(i) The Department of Motor Vehicles shall include information
37along with the order of suspension or revocation for repeat
38offenders informing them that after a specified period of suspension
39or revocation has been completed, the person may either install an
P52   1ignition interlock device on any vehicle that the person owns or
2operates or remain with a suspended or revoked driver’s license.

3(j) Pursuant to this section, an out-of-state resident who
4otherwise would qualify for an ignition interlock device restricted
5license in California shall be prohibited from operating a motor
6vehicle in California unless that vehicle is equipped with a
7functioning ignition interlock device. An ignition interlock device
8is not required to be installed on any vehicle owned by the
9defendant that is not driven in California.

10(k) Ifbegin delete a person hasend delete a medical problembegin delete thatend delete does not permitbegin delete theend delete
11begin insert aend insert person to breathe with sufficient strength to activate the device,
12begin delete thenend delete that person shall only have the suspension option.

13(l) This section does not restrict a court from requiring
14installation of an ignition interlock device and prohibiting operation
15of a motor vehicle unless that vehicle is equipped with a
16functioning, certified ignition interlock device for a person to
17whom subdivision (a) or (b) does not apply. The term of the
18restriction shall be determined by the court for a period not to
19exceed three years from the date of conviction. The court shall
20notify the Department of Motor Vehicles, as specified in
21subdivision (a) of Section 1803, of the terms of the restrictions in
22accordance with subdivision (a) of Section 1804. The Department
23of Motor Vehicles shall place the restriction in the person’s records
24in the Department of Motor Vehicles.

25(m) For the purposes of this section, “vehicle” does not include
26a motorcycle until the state certifies an ignition interlock device
27that can be installed on a motorcycle. Any person subject to an
28ignition interlock device restriction shall not operate a motorcycle
29for the duration of the ignition interlock device restriction period.

30(n) For the purposes of this section, “owned” means solely
31owned or owned in conjunction with another person or legal entity.
32For purposes of this section, “operates” includes operating a vehicle
33that is not owned by the person subject to this section.

34(o) For the purposes of this section, “bypass” includes, but is
35not limited to, either of the following:

36(1) A combination of failing or not taking the ignition interlock
37device rolling retest three consecutive times.

38(2) An incidence of failing or not taking the ignition interlock
39device rolling retest, when not followed by an incidence of passing
P53   1the ignition interlock rolling retest prior to turning off the vehicle’s
2engine.

begin insert

3(p) This section shall become inoperative on July 1, 2016, and,
4as of January 1, 2017, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2017, deletes or
6extends the dates on which it becomes inoperative and is repealed.

end insert
7

SEC. 18.  

Section 23575 is added to the Vehicle Code, to read:

8

23575.  

(a) The court shall require a person convicted of a
9violation of Section 14601.2 to install an ignition interlock device
10on any vehicle that the person owns or operates and prohibit the
11person from operating a motor vehicle unless the vehicle is
12equipped with a functioning, certified ignition interlock device.
13The term of the restriction shall be determined by the court for a
14period not to exceed three years from the date of conviction. The
15court shall notify the Department of Motor Vehicles, as specified
16in subdivision (a) of Section 1803, of the terms of the restrictions
17in accordance with subdivision (a) of Section 1804. The
18Department of Motor Vehicles shall place the restriction in the
19person’s records in the Department of Motor Vehicles.

20(b) The court shall include on the abstract of conviction or
21violation submitted to the Department of Motor Vehicles under
22Section 1803 or 1816 the requirement and term for the use of a
23certified ignition interlock device. The records of the department
24shall reflect mandatory use of the device for the term ordered by
25the court.

26(c) The court shall advise the person that installation of an
27ignition interlock device on a vehicle does not allow the person to
28drive without a valid driver’s license.

29(d) A person whose driving privilege is restricted by the court
30pursuant to this section shall arrange for each vehicle with an
31ignition interlock device to be serviced by the installer at least
32once every 60 days in order for the installer to recalibrate and
33monitor the operation of the device. The installer shall notify the
34court if the device is removed or indicates that the person has
35attempted to remove, bypass, or tamper with the device, or if the
36person fails three or more times to comply with a requirement for
37the maintenance or calibration of the ignition interlock device.
38There is no obligation for the installer to notify the court if the
39person has complied with all of the requirements of this article.

P54   1(e) The court shall monitor the installation and maintenance of
2an ignition interlock device restriction ordered pursuant to
3subdivision (a) or (i). If a person fails to comply with the court
4order, the court shall give notice of the fact to the department
5pursuant to Section 40509.1.

6(f) Nothing in this section permits a person to drive without a
7valid driver’s license.

8(g) Pursuant to this section, an out-of-state resident who
9otherwise would qualify for an ignition interlock device restricted
10license in California shall be prohibited from operating a motor
11vehicle in California unless that vehicle is equipped with a
12functioning ignition interlock device. An ignition interlock device
13is not required to be installed on any vehicle owned by the
14defendant that is not driven in California.

15(h) If a medical problem does not permit a person to breathe
16with sufficient strength to activate the device, that person shall
17only have the suspension option.

18(i) This section does not restrict a court from requiring
19installation of an ignition interlock device and prohibiting operation
20of a motor vehicle unless that vehicle is equipped with a
21functioning, certified ignition interlock device for a person to
22whom subdivision (a) does not apply. The term of the restriction
23shall be determined by the court for a period not to exceed three
24years from the date of conviction. The court shall notify the
25Department of Motor Vehicles, as specified in subdivision (a) of
26Section 1803, of the terms of the restrictions in accordance with
27subdivision (a) of Section 1804. The Department of Motor Vehicles
28shall place the restriction in the person’s records in the Department
29of Motor Vehicles.

30(j) For the purposes of this section, “vehicle” does not include
31a motorcycle until the state certifies an ignition interlock device
32that can be installed on a motorcycle. Any person subject to an
33ignition interlock device restriction shall not operate a motorcycle
34for the duration of the ignition interlock device restriction period.

35(k) For the purposes of this section, “owned” means solely
36owned or owned in conjunction with another person or legal entity.
37For purposes of this section, “operates” includes operating a vehicle
38that is not owned by the person subject to this section.

39(l) For the purposes of this section, “bypass” includes, but is
40not limited to, either of the following:

P55   1(1) A combination of failing or not taking the ignition interlock
2device rolling retest three consecutive times.

3(2) An incidence of failing or not taking the ignition interlock
4device rolling retest, when not followed by an incidence of passing
5the ignition interlock rolling retest prior to turning off the vehicle’s
6engine.

7(m) This section shall become operative on July 1, 2016.

8

SEC. 19.  

Section 23575.3 is added to the Vehicle Code, to
9read:

10

23575.3.  

(a) In addition to any other requirement imposed by
11law, a court shall require a person convicted of a violation listed
12in subdivision (h) to install a certified ignition interlock device on
13any vehicle that the person owns or operates and shall prohibit that
14person from operating a motor vehicle unless that vehicle is
15equipped with a functioning, certified ignition interlock device in
16accordance with this section.

17(b) The Department of Motor Vehicles, upon receipt of the
18court’s abstract of conviction for a violation listed in subdivision
19(h), shall inform the convicted person of the requirements of this
20section, including the term for which the person is required to have
21a certified ignition interlock device installed. The records of the
22 department shall reflect the mandatory use of the device for the
23term required and the time when the device is required to be
24installed by this code.

25(c) The department shall advise the person that installation of
26an ignition interlock device on a vehicle does not allow the person
27to drive without a valid driver’s license.

28(d) (1) A person who is notified by the department pursuant to
29subdivision (b) shall do all of the following:

30(A) Arrange for each vehicle owned or operated by the person
31to be equipped with a functioning ignition interlock device by a
32certified ignition interlock device provider under Section 13386.

33(B) Provide to the department proof of installation by submitting
34the “Verification of Installation” form described in paragraph (2)
35of subdivision (g) of Section 13386.

36(C) Pay a fee, determined by the department, that is sufficient
37to cover the costs of administration of this section.

38(2) A person who is notified by the department pursuant to
39subdivision (b), is exempt from the requirements of this subdivision
40until the time he or she purchases or has access to a vehicle if,
P56   1within 30 days of the notification, the person certifies to the
2department all of the following:

3(A) The person does not own a vehicle.

4(B) The person does not have access to a vehicle at his or her
5residence.

6(C) The person no longer has access to the vehicle he or she
7was driving at the time he or she was arrested for a violation that
8subsequently resulted in a conviction for a violation listed in
9subdivision (h).

10(D) The person acknowledges that he or she is only allowed to
11drive a vehicle that is equipped with a functioning ignition interlock
12device.

13(E) The person acknowledges that he or she is required to have
14a valid driver’s license before he or she can drive.

15(F) The person acknowledges that he or she is subject to the
16requirements of this section when he or she purchases or has access
17to a vehicle.

18(e) In addition to any other restrictions the department places
19on the driver’s license record of the convicted person when the
20person is issued a restricted driver’s license pursuant to Section
2113352 or 13352.4, the department shall place a restriction on the
22 driver’s license record of the person that states the driver is
23restricted to driving only vehicles equipped with a certified ignition
24interlock device for the applicable term.

25(f) (1) A person who is notified by the department pursuant to
26subdivision (b) shall arrange for each vehicle with an ignition
27interlock device to be serviced by the installer at least once every
2860 days in order for the installer to recalibrate and monitor the
29operation of the device.

30(2) The installer shall notify the department if the device is
31removed or indicates that the person has attempted to remove,
32bypass, or tamper with the device, or if the person fails three or
33more times to comply with any requirement for the maintenance
34or calibration of the ignition interlock device.

35(g) The department shall monitor the installation and
36maintenance of the ignition interlock device installed pursuant to
37subdivision (d).

38(h) A person is required to install an ignition interlock device
39pursuant to this section for the applicable term, as follows:

P57   1(1) A person convicted of a violation of subdivision (a), (b),
2(d), or (f) of Section 23152 shall be required to install an ignition
3interlock device, as follows:

4(A) Upon a first offense, the person shall install an ignition
5interlock device in all vehicles owned or operated by that person
6for a mandatory term of six months.

7(B) Upon a second offense, the person shall install an ignition
8interlock device in all vehicles owned or operated by that person
9for a mandatory term of 12 months.

10(C) Upon a third offense, the person shall install an ignition
11interlock device in all vehicles owned or operated by that person
12for a mandatory term of 24 months.

13(D) Upon a fourth or subsequent offense, the person shall install
14an ignition interlock device in all vehicles owned or operated by
15that person for a mandatory term of 36 months.

16(2) A person convicted of a violation of (a), (b), (d), or (f) of
17Section 23153 shall install an ignition interlock device, as follows:

18(A) Upon a first offense, the person shall install an ignition
19interlock device in all vehicles owned or operated by that person
20for a mandatory term of 12 months.

21(B) Upon a second offense, the person shall install an ignition
22interlock device in all vehicles owned or operated by that person
23for a mandatory term of 24 months.

24(C) Upon a third offense, the person shall install an ignition
25interlock device in all vehicles owned or operated by that person
26for a mandatory term of 36 months.

27(D) Upon a fourth or subsequent offense, the person shall install
28an ignition interlock device in all vehicles owned or operated by
29that person for a mandatory term of 48 months.

30(3) The terms prescribed in this subdivision shall begin once a
31person has complied with subparagraph (B) of paragraph (1) of
32subdivision (d) and either upon the reinstatement of the privilege
33to drive pursuant to Section 13352 or the issuance of a restricted
34driver’s license pursuant to Section 13352 or 13352.4. A person
35shall receive credit for any period in which he or she had a
36restricted driver’s license issued pursuant to Section 13353.3 or
3713353.7 and he or she was in compliance with Section 13353.6.

38(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to
39this section.

P58   1(j) If a person fails to comply with any of the requirements
2regarding ignition interlock devices, the mandatory term for which
3the ignition interlock device is required to be installed shall be
4reset by the department.

5(k) (1) Every manufacturer and manufacturer’s agent certified
6by the department to provide ignition interlock devices, under
7Section 13386, shall adopt the following fee schedule that provides
8for the payment of the costs of the ignition interlock device by
9offenders subject to this chapter in amounts commensurate with
10that person’s income relative to the federal poverty level, as defined
11in Section 127400 of the Health and Safety Code:

12(A) A person with an income at 100 percent of the federal
13poverty level and below is responsible for 10 percent of the cost
14of the ignition interlock device. The ignition interlock device
15provider is responsible for absorbing the cost of the ignition
16interlock device that is not paid by the person.

17(B) A person with an income at 101 to 200 percent of the federal
18poverty level is responsible for 25 percent of the cost of the ignition
19interlock device. The ignition interlock device provider is
20responsible for absorbing the cost of the ignition interlock device
21that is not paid by the person.

22(C) A person with an income at 201 to 300 percent of the federal
23poverty level is responsible for 50 percent of the cost of the ignition
24interlock device. The ignition interlock device provider is
25responsible for absorbing the cost of the ignition interlock device
26that is not paid by the person.

27(D) All other offenders are responsible for 100 percent of the
28cost of the ignition interlock device.

29(2) The cost of the ignition interlock device may only be raised
30annually equal to the Consumer Price Index.

31(3) The offender’s income may be verified by presentation of
32that person’s current federal income tax return or three months of
33monthly income statements.

34(l) This section does not permit a person to drive without a valid
35driver’s license.

36(m) The requirements of this section are in addition to any other
37requirements of law.

38(n) For the purposes of this section, “vehicle” does not include
39a motorcycle until the state certifies an ignition interlock device
40that can be installed on a motorcycle. A person subject to an
P59   1ignition interlock device restriction shall not operate a motorcycle
2for the duration of the ignition interlock device restriction period.

3(o) This section shall become operative on July 1, 2016.

4

SEC. 20.  

Section 23575.5 is added to the Vehicle Code, to
5read:

6

23575.5.  

(a) On or before June 1, 2020, the Department of
7Motor Vehicles shall report to the Legislature regarding the
8implementation and efficacy of the program enacted by the act
9that added this section.

10(b) The report described in subdivision (a) shall, at a minimum,
11include the following:

12(1) A comparison of the number of injuries and deaths resulting
13from alcohol-related car accidents during the following periods:

14(A) July 1, 2016, to January 1, 2020, inclusive.

15(B) July 1, 2013, to July 1, 2016, inclusive.

16(C) July 1, 2010, to July 1, 2013, inclusive.

17(D) July 1, 2007, to July 1, 2010, inclusive.

18(2) A comparison of the number of individuals who have been
19convicted more than one time for driving under the influence of
20alcohol during the following periods:

21(A) July 1, 2016, to January 1, 2020, inclusive.

22(B) July 1, 2013, to July 1, 2016, inclusive.

23(C) July 1, 2010, to July 1, 2013, inclusive.

24(D) July 1, 2007, to July 1, 2010, inclusive.

25(c) The report described in subdivision (a) shall be submitted
26in compliance with Section 9795 of the Government Code.

27(d) (1) This section shall become operative on July 1, 2016.

28(2) Pursuant to Section 10231.5 of the Government Code, this
29section shall become inoperative on June 1, 2024, and, as of
30January 1, 2025, is repealed, unless a later enacted statute, that
31becomes operative on or before January 1, 2025, deletes or extends
32the dates on which it becomes inoperative and is repealed.

33

SEC. 21.  

Section 23576 of the Vehicle Code is amended to
34read:

35

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
36person is required to operate a motor vehicle in the course and
37scope of his or her employment and if the vehicle is owned by the
38employer, the person may operate that vehicle without installation
39of an approved ignition interlock device if the employer has been
40notified by the person that the person’s driving privilege has been
P60   1restricted pursuant to Sections 23575 and 23700 and if the person
2has proof of that notification in his or her possession, or if the
3notice, or a facsimile copy thereof, is with the vehicle.

4(b) A motor vehicle owned by a business entity that is all or
5partly owned or controlled by a person otherwise subject to
6Sections 23575 and 23700, is not a motor vehicle owned by the
7employer subject to the exemption in subdivision (a).

begin insert

8(c) This section shall become inoperative on July 1, 2016, and,
9as of January 1, 2017, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2017, deletes or
11extends the dates on which it becomes inoperative and is repealed.

end insert
12

SEC. 22.  

Section 23576 is added to the Vehicle Code, to read:

13

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
1423700, if a person is required to operate a motor vehicle in the
15course and scope of his or her employment and if the vehicle is
16owned by the employer, the person may operate that vehicle
17without installation of an approved ignition interlock device if the
18employer has been notified by the person that the person’s driving
19privilege has been restricted pursuant to Sections 23575, 23575.3,
20or 23700 and if the person has proof of that notification in his or
21her possession, or if the notice, or a facsimile copy thereof, is with
22the vehicle.

23(b) A motor vehicle owned by a business entity that is all or
24partly owned or controlled by a person otherwise subject to
25Sections 23575, 23575.3, or 23700, is not a motor vehicle owned
26by the employer subject to the exemption in subdivision (a).

27(c) This section shall become operative on July 1, 2016.

28

SEC. 23.  

Section 23597 of the Vehicle Code is amended to
29read:

30

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
3113352, a court may order a 10-year revocation of the driver’s
32license of a person who has been convicted of three or more
33separate violations of Section 23152 or 23153, the last of which
34is punishable under Section 23546, 23550, 23550.5, or 23566.
35When making this order, the court shall consider all of the
36following:

37(1) The person’s level of remorse for the acts.

38(2) The period of time that has elapsed since the person’s
39previous convictions.

40(3) The person’s blood-alcohol level at the time of the violation.

P61   1(4) The person’s participation in an alcohol treatment program.

2(5) The person’s risk to traffic or public safety.

3(6) The person’s ability to install a certified ignition interlock
4device in each motor vehicle that he or she owns or operates.

5(b) Upon receipt of a duly certified abstract of the record of the
6court showing the court has ordered a 10-year revocation of a
7driver’s license pursuant to this section, the department shall revoke
8the person’s driver’s license for 10 years, except as provided in
9subdivision (c).

10(c) (1) Five years from the date of the last conviction of a
11violation of Section 23152 or 23153, a person whose license was
12revoked pursuant to subdivision (a) may apply to the department
13to have his or her privilege to operate a motor vehicle reinstated,
14subject to the condition that the person submits the “Verification
15of Installation” form described in paragraph (2) of subdivisionbegin delete (h)end delete
16begin insert (g)end insert of Section 13386 and agrees to maintain the ignition interlock
17device as required under subdivision (g) of Section 23575.
18Notwithstanding Chapter 5 (commencing with Section 23700) or
19subdivision (f) of Section 23575, the ignition interlock device shall
20 remain on the person’s motor vehicle for two years following the
21reinstatement of the person’s driving privilege pursuant to this
22section.

23(2) The department shall reinstate the person’s license pursuant
24to paragraph (1), if the person satisfies all of the following
25conditions:

26(A) The person was not convicted of any drug- or alcohol-related
27offenses, under state law, during the driver’s license revocation
28period.

29(B) The person successfully completed a
30driving-under-the-influence program, licensed pursuant to Section
3111836 of the Health and Safety Code, following the date of the
32last conviction of a violation of Section 23152 or 23153.

33(C) The person was not convicted of violating Section 14601,
3414601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
35revocation period.

36(3) The department shall immediately terminate the restriction
37issued pursuant to this section and shall immediately revoke the
38privilege to operate a motor vehicle of a person who attempts to
39remove, bypass, or tamper with the device, who has the device
40removed prior to the termination date of the restriction, or who
P62   1fails three or more times to comply with any requirement for the
2maintenance or calibration of the ignition interlock device. The
3privilege shall remain revoked for the remaining period of the
4original revocation and until all reinstatement requirements are
5met.

begin delete

6(d) This section shall become operative on January 1, 2012.

end delete
begin insert

7(d) This section shall become inoperative on July 1, 2016, and,
8as of January 1, 2017, is repealed, unless a later enacted statute,
9that becomes operative on or before January 1, 2017, deletes or
10extends the dates on which it becomes inoperative and is repealed.

end insert
11

SEC. 24.  

Section 23597 is added to the Vehicle Code, to read:

12

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
1313352, a court may order a 10-year revocation of the driver’s
14license of a person who has been convicted of three or more
15separate violations of Section 23152 or 23153, the last of which
16is punishable under Section 23546, 23550, 23550.5, or 23566.
17When making this order, the court shall consider all of the
18following:

19(1) The person’s level of remorse for the acts.

20(2) The period of time that has elapsed since the person’s
21previous convictions.

22(3) The person’s blood-alcohol level at the time of the violation.

23(4) The person’s participation in an alcohol treatment program.

24(5) The person’s risk to traffic or public safety.

25(6) The person’s ability to install a certified ignition interlock
26device in each motor vehicle that he or she owns or operates.

27(b) Upon receipt of a duly certified abstract of the record of the
28court showing the court has ordered a 10-year revocation of a
29driver’s license pursuant to this section, the department shall revoke
30the person’s driver’s license for 10 years, except as provided in
31subdivision (c).

32(c) (1) Five years from the date of the last conviction of a
33violation of Section 23152 or 23153, a person whose license was
34revoked pursuant to subdivision (a) may apply to the department
35to have his or her privilege to operate a motor vehicle reinstated,
36subject to the condition that the person submits the “Verification
37of Installation” form described in paragraph (2) of subdivision (g)
38of Section 13386 and agrees to maintain the ignition interlock
39device as required under subdivision (f) of Section 23575.3.
40Notwithstanding Chapter 5 (commencing with Section 23700) or
P63   1Section 23575.3, the ignition interlock device shall remain on the
2person’s motor vehicle for two years following the reinstatement
3of the person’s driving privilege pursuant to this section.

4(2) The department shall reinstate the person’s license pursuant
5to paragraph (1), if the person satisfies all of the following
6conditions:

7(A) The person was not convicted of any drug- or alcohol-related
8offenses, under state law, during the driver’s license revocation
9period.

10(B) The person successfully completed a
11driving-under-the-influence program, licensed pursuant to Section
1211836 of the Health and Safety Code, following the date of the
13last conviction of a violation of Section 23152 or 23153.

14(C) The person was not convicted of violating Section 14601,
1514601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
16revocation period.

17(3) The department shall immediately terminate the restriction
18issued pursuant to this section and shall immediately revoke the
19privilege to operate a motor vehicle of a person who attempts to
20remove, bypass, or tamper with the device, who has the device
21removed prior to the termination date of the restriction, or who
22fails three or more times to comply with any requirement for the
23maintenance or calibration of the ignition interlock device. The
24privilege shall remain revoked for the remaining period of the
25original revocation and until all reinstatement requirements are
26met.

27(d) This section shall become operative on July 1, 2016.

28

SEC. 25.  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.



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