Amended in Senate March 11, 2015

Senate Bill No. 61

Introduced by Senator Hill

begin delete

(Coauthor: Senator Vidak)

end delete begin insert

(Coauthors: Senators Hertzberg, Leyva, and Vidak)

end insert

(Coauthors: Assembly Members Bonilla, begin insert Cooley, Eduardo Garcia, Lackey, end insert Levine, begin delete and Wagner end delete begin insert Lopez, Maienschein, Patterson, Rodriguez, Steinorth, Wagner, and Waldron end insert )

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, begin insert 23103.5, end insert 23247, 23573, 23575, 23576, and 23597 of, begin delete and end delete to add Sections 13353.6, 23575.3, and 23575.5 to, begin insert and to repeal and add Section 23702, end insert the Vehicle Code, relating to ignition interlock devices.

LEGISLATIVE COUNSEL’S DIGEST

SB 61, as amended, 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 begin delete also end delete 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 begin delete provide that end delete begin insert extend that pilot program until July 1, 2016. Effective July 1, 2016, the bill would make end insert 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 begin delete may be end delete 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. begin insert The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device. end insert

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 begin delete provide that its provisions would become operative July 1, 2016. end delete begin insert authorize a court to require a person convicted of a specified type of reckless driving to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a specified period of time. end insert 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 begin insert conforming and end insert 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:

SECTION 1.  

Section 13352 of the Vehicle Code is amended
to read:

13352.  

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

(1) Except as required under Section 13352.1 or 13352.4, upon
a conviction or finding of a violation of Section 23152 punishable
under Section 23536, the privilege shall be suspended for a period
of six months. The privilege shall not be reinstated until the person
gives proof of financial responsibility and gives proof satisfactory
to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code described in subdivision (b)
of Section begin delete 23538. end delete begin insert 23538 of this code. end insert If the court, as authorized
under paragraph (3) of subdivision (b) of Section 23646, elects to
order a person to enroll in, participate in, and complete either
program described in subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in subdivision (b) of Section 23538. For the purposes
of this paragraph, enrollment in, participation in, and completion
of an approved program shall occur subsequent to the date of the
current violation. Credit shall not be given to any program activities
completed prior to the date of the current violation.

(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended
for a period of one year. The privilege shall not be reinstated until
the person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision
(b) of Section begin delete 23556. end delete begin insert 23556 of this code. end insert If the court, as authorized
under paragraph (3) of subdivision (b) of Section 23646, elects to
order a person to enroll in, participate in, and complete either
program described in subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in Section 23556. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall occur subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation.

(3) Except as provided in Section 13352.5, upon a conviction
or finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
shall not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code
as described in subdivision (b) of Section begin delete 23542. end delete begin insert 23542 of this
code. end insert For the purposes of this paragraph, enrollment in,
participation in, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that he
or she may apply to the department for a begin delete restricted driver’s license end delete
begin insert restriction of the driving privilege end insert if the person meets all of the
following requirements:

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

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

(i) Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii) Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

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

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

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

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

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

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

(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof
of financial responsibility, and the person gives proof satisfactory
to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph
(4) of subdivision (b) of Section 23562 of this code. For the
purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall occur subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that after the
completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision
(c) of Section 13353.3, he or she may apply to the department for
a restricted driver’s license if the person meets all of the following
requirements:

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

(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

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

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

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

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

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

(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision
(b) or (c) of Section 23548 of this code, if a 30-month program is
unavailable in the person’s county of residence or employment,
or, if available in the county of the person’s residence or
employment, a 30-month driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
or a program specified in Section 8001 of the Penal Code. For the
purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall occur subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that he or she
may apply to the department for a restricted driver’s license, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, if the person meets all of the following
requirements:

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

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

(i) Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii) Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

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

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

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

(G) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown,
the court shall order the referral.

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

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

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

(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of
five years. The privilege may not be reinstated until the person
gives proof of financial responsibility and gives proof satisfactory
to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision
(b) of Section begin delete 23568, end delete begin insert 23568 of this code, end insert or if available in the
county of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise
the person that after completion of 12 months of the revocation
period, which may include credit for a suspension period served
under subdivision (c) of Section 13353.3, he or she may apply to
the department for a restricted driver’s license if the person meets
all of the following requirements:

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

(i) Completion of the initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

(ii) Completion of the initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person’s county of residence or employment.

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

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

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

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

(F) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown,
the court shall order the referral.

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

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

(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or of a violation of Section 23153 punishable
under Section 23550.5, the privilege shall be revoked for a period
of four years. The privilege shall not be reinstated until the person
files proof of financial responsibility and gives proof satisfactory
to the department of successful completion of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person’s county of residence or employment,
or, if available in the county of the person’s residence or
employment, a 30-month driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
or a program specified in Section 8001 of the Penal Code. For the
purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall occur subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that after
completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision
(c) of Section 13353.3, he or she may apply to the department for
a restricted driver’s license if the person meets all of the following
requirements:

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

(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

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

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

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

(F) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown,
the court shall order the referral.

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

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

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

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

(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the juvenile
hearing officer, or the referee of a juvenile court of a commission
of a violation of Section 23152 or 23153, subdivision (a) of Section
23109, or Section 23109.1, as specified in subdivision (a) of this
section, is a conviction.

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

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

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

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

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

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

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

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

SEC. 2.  

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

13352.  

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

(1) Except as required under Section 13352.1 or 13352.4, upon
a conviction or finding of a violation of Section 23152 punishable
under Section 23536, the privilege shall be suspended for a period
of six months. The privilege shall not be reinstated until the person
gives proof of financial responsibility and gives proof satisfactory
to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code described in subdivision (b)
of Section begin delete 23538. end delete begin insert 23538 of this code. end insert If the court, as authorized
under paragraph (3) of subdivision (b) of Section 23646, elects to
order a person to enroll in, participate in, and complete either
program described in subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in subdivision (b) of Section 23538. For the purposes
of this paragraph, enrollment in, participation in, and completion
of an approved program shall occur subsequent to the date of the
current violation. Credit shall not be given to any program activities
completed prior to the date of the current violation.

(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended
for a period of one year. The privilege shall not be reinstated until
the person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision
(b) of Section begin delete 23556. end delete begin insert 23556 of this code. end insert If the court, as authorized
under paragraph (3) of subdivision (b) of Section 23646, elects to
order a person to enroll in, participate in, and complete either
program described in subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in Section 23556. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall occur subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise
the person that he or she may apply to the department for a
restricted driver’s license if the person meets all of the following
requirements:

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

(i) Proof of enrollment in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
as described in subdivision (b) of Section begin delete 23556. end delete begin insert 23556 of this
code. end insert

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

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

(C) The person complies with subdivision (d) of Section
23575.3, if applicable.

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

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

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

(G) The person pays to the department a fee sufficient to cover
the begin insert reasonable end insert costs of begin delete administration of end delete begin insert administering the
requirements of end insert this paragraph, as determined by the department.

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

(3) Except as provided in Section 13352.5, upon a conviction
or finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
shall not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code
as described in subdivision (b) of Section begin delete 23542. end delete begin insert 23542 of this
code. end insert For the purposes of this paragraph, enrollment in,
participation in, and completion of an approved program shall
occur subsequent to the date of the current violation. Credit shall
not be given to any program activities completed prior to the date
of the current violation. The department shall advise the person
that he or she may apply to the department for a restricted driver’s
license if the person meets all of the following requirements:

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

(i) Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii) Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

(C) The person complies with subdivision (d) of Section
23575.3, if applicable.

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

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

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

(G) The person pays to the department a fee sufficient to cover
the begin insert reasonable end insert costs of begin delete administration of end delete begin insert administering the
requirements of end insert this paragraph, as determined by the department.

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

(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof
of financial responsibility, and the person gives proof satisfactory
to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph
(4) of subdivision (b) of Section 23562 of this code. For the
purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall occur subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that he or she
may apply to the department for a restricted driver’s license if the
person meets all of the following requirements:

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

(i)  Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii)  Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

(C) The person complies with subdivision (d) of Section
23575.3, if applicable.

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

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

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

begin insert

(G) The person pays to the department a fee sufficient to cover
the reasonable costs of administering the requirements of this
paragraph, as determined by the department.

end insert begin delete

(G)

end delete

begin insert (H) end insert  The restriction shall remain in effect for the period required
in subdivision (e).

(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision
(b) or (c) of Section 23548 of this code, if a 30-month program is
unavailable in the person’s county of residence or employment,
or, if available in the county of the person’s residence or
employment, a 30-month driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
or a program specified in Section 8001 of the Penal Code. For the
purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall occur subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that he or she
may apply to the department for a restricted driver’s license if the
person meets all of the following requirements:

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

(i) Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii) Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

(C) The person complies with subdivision (d) of Section
23575.3, if applicable.

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

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

(F) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown,
the court shall order the referral.

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

(H) The person pays to the department a fee sufficient to cover
the begin insert reasonable end insert costs of begin delete administration of end delete begin insert administering the
requirements of end insert this paragraph, as determined by the department.

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

(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of
five years. The privilege may not be reinstated until the person
gives proof of financial responsibility and gives proof satisfactory
to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision
(b) of Section 23568, or if available in the county of the person’s
residence or employment, a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and
Safety Code, or a program specified in Section 8001 of the Penal
Code. For the purposes of this paragraph, enrollment in,
participation in, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that he
or she may apply to the department for a restricted driver’s license
if the person meets all of the following requirements:

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

(i)  Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

(ii)  Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person’s county of residence or employment.

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

(C) The person complies with subdivision (d) of Section
23575.3, if applicable.

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

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

(F) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown,
the court shall order the referral.

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

begin insert

(H) The person pays to the department a fee sufficient to cover
the reasonable costs of administering the requirements of this
paragraph, as determined by the department.

end insert begin delete

(H)

end delete

begin insert (I) end insert  The restriction shall remain in effect for the period required
in subdivision (e).

(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or of a violation of Section 23153 punishable
under Section 23550.5, the privilege shall be revoked for a period
of four years. The privilege shall not be reinstated until the person
files proof of financial responsibility and gives proof satisfactory
to the department of successful completion of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person’s county of residence or employment,
or, if available in the county of the person’s residence or
employment, a 30-month driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
or a program specified in Section 8001 of the Penal Code. For the
purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall occur subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that he or she
may apply to the department for a restricted driver’s license if the
person meets all of the following requirements:

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

(i)  Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person’s county of residence or employment.

(ii)  Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.

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

(C) The person complies with subdivision (d) of Section
23575.3, if applicable.

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

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

(F) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown,
the court shall order the referral.

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

begin insert

(H) The person pays to the department a fee sufficient to cover
the reasonable costs of administering the requirements of this
paragraph, as determined by the department.

end insert begin delete

(H)

end delete

begin insert (I) end insert  The restriction shall remain in effect for the period required
in subdivision (e).

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

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

(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the juvenile
hearing officer, or the referee of a juvenile court of a commission
of a violation of Section 23152 or 23153, subdivision (a) of Section
23109, or Section 23109.1, as specified in subdivision (a) of this
section, is a conviction.

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

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

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

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

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

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

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

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

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

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

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

SEC. 3.  

Section 13352.4 of the Vehicle Code is amended to
read:

13352.4.  

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

(1) Submits proof satisfactory to the department of either of the
following, as applicable:

(A) Enrollment in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
as described in subdivision (b) of Section begin delete 23538. end delete begin insert 23538 of this
code. end insert

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

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

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

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

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

(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.

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

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

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

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

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

SEC. 4.  

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

13352.4.  

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

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

(A) Enrollment in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
as described in subdivision (b) of Section begin delete 23538. end delete begin insert 23538 of this
code. end insert

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

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

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

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

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

begin insert

(6) The person pays to the department a fee sufficient to cover
the reasonable costs of administering the requirements of this
paragraph, as determined by the department.

end insert

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

begin delete

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

end delete begin delete

(d)

end delete

begin insert (c) end insert  Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.

begin delete

(e)

end delete

begin insert (d) end insert  For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the
date of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.

begin delete

(f)

end delete

begin insert (e) end insert  (1) The department shall terminate the restriction issued
under this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section
13352 or Section 13352.1 immediately upon receipt of notification
from the driving-under-the-influence program that the person has
failed to comply with the program requirements. The privilege
shall remain suspended until the final day of the original suspension
imposed under paragraph (1) of subdivision (a) of Section 13352
or Section 13352.1, or until the date all reinstatement requirements
described in Section 13352 or begin delete Section end delete 13352.1 have been met,
whichever date is later.

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

begin delete

(g)

end delete

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

begin delete

(h)

end delete

begin insert (g) end insert  If, upon conviction, the court has made the determination,
as authorized under subdivision (d) of Section 23536 or paragraph
(3) of subdivision (a) of Section 23538, to disallow the issuance
of a restricted driver’s license, the department may not issue a
restricted driver’s license under this section.

begin delete

(i)

end delete

begin insert (h) end insert  This section shall become operative on July 1, 2016.

SEC. 5.  

Section 13353.3 of the Vehicle Code is amended to
read:

13353.3.  

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

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

(1) If the person has not been convicted of a separate violation
of Section 23103, as specified in Section 23103.5, or Section
23140, 23152, or 23153, or Section 191.5 or subdivision (a) of
Section 192.5 of the Penal Code, the person has not been
administratively determined to have refused chemical testing
pursuant to Section 13353 or begin delete 13353.1, end delete begin insert 13353.1 of this code, end insert or the
person has not been administratively determined to have been
driving with an excessive concentration of alcohol pursuant to
Section 13353.2 on a separate occasion, which offense or
occurrence occurred within 10 years of the occasion in question,
the person’s privilege to operate a motor vehicle shall be suspended
for four months.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 6.  

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

13353.3.  

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

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

(1) If the person has not been convicted of a separate violation
of Section 23103, as specified in Section 23103.5, or Section
23140, 23152, or 23153, or Section 191.5 or subdivision (a) of
Section 192.5 of the Penal Code, the person has not been
administratively determined to have refused chemical testing
pursuant to Section 13353 or begin delete 13353.1, end delete begin insert 13353.1 of this code, end insert or the
person has not been administratively determined to have been
driving with an excessive concentration of alcohol pursuant to
Section 13353.2 on a separate occasion, which offense or
occurrence occurred within 10 years of the occasion in question,
the person’s privilege to operate a motor vehicle shall be suspended
for four months.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 7.  

Section 13353.4 of the Vehicle Code is amended to
read:

13353.4.  

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

(b) The privilege to operate a motor vehicle shall not be restored
after a suspension or revocation pursuant to Section 13352, 13353,
13353.1, or 13353.2 until all applicable fees, including the fees
prescribed in Section 14905, have been paid and the person gives
proof of financial responsibility, as defined in Section 16430, to
the department.

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

SEC. 8.  

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

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
13353.7, or 13353.8, the driving privilege shall not be restored,
and a restricted or hardship permit to operate a motor vehicle shall
not be issued, to a person during the suspension or revocation
period specified in Section 13353, 13353.1, or 13353.3.

(b) The privilege to operate a motor vehicle shall not be restored
after a suspension or revocation pursuant to Section 13352, 13353,
13353.1, or 13353.2 until all applicable fees, including the fees
prescribed in Section 14905, have been paid and the person gives
proof of financial responsibility, as defined in Section 16430, to
the department.

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

SEC. 9.  

Section 13353.5 of the Vehicle Code is amended to
read:

13353.5.  

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

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

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

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

SEC. 10.  

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

13353.5.  

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

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

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

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

SEC. 11.  

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

13353.6.  

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

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

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

begin insert

(b) A person whose driving privilege has been suspended under
Section 13353.2 may install an ignition interlock device prior to
the effective date specified in Section 13353.3. A person who
installs an ignition interlock device pursuant to this subdivision,
meets all of the eligibility requirements specified in Section 13353.3
or 13353.7, and complies with paragraphs (1) and (2) of
subdivision (a) is eligible for a restricted driver’s license on the
effective date specified in Section 13353.3.

end insert begin insert

(c) The department shall terminate the restriction issued
pursuant to Section 13353.3 or 13353.7 and shall immediately
reinstate the suspension of the privilege to operate a motor vehicle
upon receipt of notification from the ignition interlock device
installer that a person has attempted to remove, bypass, or tamper
with the ignition interlock device, has removed the device prior to
the termination date of the restriction, or fails three or more times
to comply with any requirement for the maintenance or calibration
of the ignition interlock device. The privilege shall remain
suspended for the remaining mandatory suspension period imposed
pursuant to Section 13353.3.

end insert begin delete

(b)

end delete

begin insert (d) end insert  This section shall become operative on July 1, 2016.

SEC. 12.  

Section 13386 of the Vehicle Code is amended to
read:

13386.  

(a) (1) The department shall certify or cause to be
certified ignition interlock devices required by Article 5
(commencing with Section 23575) of Chapter 2 of Division 11.5
and publish a list of approved devices.

(2) (A) The department shall ensure that ignition interlock
devices that have been certified according to the requirements of
this section continue to meet certification requirements. The
department may periodically require manufacturers to indicate in
writing whether the devices continue to meet certification
requirements.

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

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

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

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

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

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

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

(d) The department shall utilize information from an
independent, accredited (ISO/IEC 17025) laboratory to certify
ignition interlock devices of the manufacturer or manufacturer’s
agent, in accordance with the guidelines. The cost of certification
shall be borne by the manufacturers of ignition interlock devices.
If the certification of a device is suspended or revoked, the
manufacturer of the device shall be responsible for, and shall bear
the cost of, the removal of the device and the replacement of a
certified device of the manufacturer or another manufacturer.

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

(f) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (e) and are certified in a manner
approved by the department, who intend to market the devices in
this state, first shall apply to the department on forms provided by
that department. The application shall be accompanied by a fee in
an amount not to exceed the amount necessary to cover the costs
incurred by the department in carrying out this section.

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

(1) An “Option to Install,” to be sent by the department to repeat
offenders along with the mandatory order of suspension or
revocation. This shall include the alternatives available for early
license reinstatement with the installation of an ignition interlock
device and shall be accompanied by a toll-free telephone number
for each manufacturer of a certified ignition interlock device.
Information regarding approved installation locations shall be
provided to drivers by manufacturers with ignition interlock devices
that have been certified in accordance with this section.

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

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

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

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

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 23103.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

23103.5.  

(a)  If the prosecution agrees to a plea of guilty or
nolo contendere to a charge of a violation of Section 23103 in
satisfaction of, or as a substitute for, an original charge of a
violation of Section 23152, the prosecution shall state for the record
a factual basis for the satisfaction or substitution, including whether
or not there had been consumption of an alcoholic beverage or
ingestion or administration of a drug, or both, by the defendant in
connection with the offense. The statement shall set forth the facts
that show whether or not there was a consumption of an alcoholic
beverage or the ingestion or administration of a drug by the
defendant in connection with the offense.

(b) The court shall advise the defendant, prior to the acceptance
of the plea offered pursuant to a factual statement pursuant to
subdivision (a), of the consequences of a conviction of a violation
of Section 23103 as set forth in subdivision (c).

(c) If the court accepts the defendant’s plea of guilty or nolo
contendere to a charge of a violation of Section 23103 and the
prosecutor’s statement under subdivision (a) states that there was
consumption of an alcoholic beverage or the ingestion or
administration of a drug by the defendant in connection with the
offense, the resulting conviction shall be a prior offense for the
purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
as specified in those sections.

(d) The court shall notify the Department of Motor Vehicles of
each conviction of Section 23103 that is required under this section
to be a prior offense for purposes of Section 23540, 23546, 23550,
23560, 23566, or 23622.

(e) Except as provided in paragraph (1) of subdivision (f), if the
court places the defendant on probation for a conviction of Section
23103 that is required under this section to be a prior offense for
purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
the court shall order the defendant to enroll in an alcohol and drug
education program licensed under Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code and complete, at a minimum, the educational component of
that program, as a condition of probation. If compelling
circumstances exist that mitigate against including the education
component in the order, the court may make an affirmative finding
to that effect. The court shall state the compelling circumstances
and the affirmative finding on the record, and may, in these cases,
exclude the educational component from the order.

(f) (1) If the court places on probation a defendant convicted
of a violation of Section 23103 that is required under this section
to be a prior offense for purposes of Section 23540, 23546, 23550,
23560, 23566, or 23622, and that offense occurred within 10 years
of a separate conviction of a violation of Section 23103, as
specified in this section, or within 10 years of a conviction of a
violation of Section 23152 or 23153, the court shall order the
defendant to participate for nine months or longer, as ordered by
the court, in a program licensed under Chapter 9 (commencing
with Section 11836) of Part 2 of Division 10.5 of the Health and
Safety Code that consists of at least 60 hours of program activities,
including education, group counseling, and individual interview
sessions.

(2) The court shall revoke the person’s probation, except for
good cause shown, for the failure to enroll in, participate in, or
complete a program specified in paragraph (1).

begin insert

(g) Beginning July 1, 2016, the court may require a person
convicted of a violation of Section 23103, as described in this
section, to install a certified ignition interlock device on any vehicle
that the person owns or operates and prohibit that person from
operating a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device. If the court orders
the ignition interlock device restriction, the term shall be
determined by the court for a period of at least three months, but
no longer than the term specified in Section 23575.3 that would
have applied to the defendant had he or she instead been convicted
of a violation of Section 23152, from the date of conviction. The
court shall notify the Department of Motor Vehicles, as specified
in subdivision (a) of Section 1803, of the terms of the restrictions
in accordance with subdivision (a) of Section 1804. The
Department of Motor Vehicles shall place the restriction in the
person’s records in the Department of Motor Vehicles. A person
who is required to install an ignition interlock device pursuant to
this subdivision shall submit the “Verification of Installation”
form described in paragraph (2) of subdivision (g) of Section 13386
and maintain the ignition interlock device as required under
subdivision (f) of Section 23575.3. The department shall monitor
the installation and maintenance of the ignition interlock device
installed pursuant to this subdivision.

end insert begin delete

(g)

end delete

begin insert (h) end insert  The Department of Motor Vehicles shall include in its annual
report to the Legislature under Section 1821 an evaluation of the
effectiveness of the programs described in subdivisions (e) and begin delete (f) end delete
begin insert (g) end insert as to treating persons convicted of violating Section 23103.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 23247 of the Vehicle Code is amended to
read:

23247.  

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

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

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
or lend a motor vehicle to another person known to have had his
or her driving privilege restricted as provided in Section 13352,
13352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
with a functioning, certified ignition interlock device. A person,
whose driving privilege is restricted pursuant to Section 13352,
13352.4, 23575, 23575.3, or 23700 shall notify any other person
who rents, leases, or loans a motor vehicle to him or her of the
driving restriction imposed under that section.

(b) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
23700 to request or solicit any other person to blow into an ignition
interlock device or to start a motor vehicle equipped with the device
for the purpose of providing the person so restricted with an
operable motor vehicle.

(c) It is unlawful to blow into an ignition interlock device or to
start a motor vehicle equipped with the device for the purpose of
providing an operable motor vehicle to a person whose driving
privilege is restricted pursuant to Section 13352, 13352.4, 23575,
23575.3, or 23700.

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

(e) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
23700 to operate any vehicle not equipped with a functioning
ignition interlock device.

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

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

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

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

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

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

Section 23573 of the Vehicle Code is amended to
read:

23573.  

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

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

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

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

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

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

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

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

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

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

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

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

(i) The person does not own a vehicle.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

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

23573.  

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

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

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

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

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

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

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

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

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

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

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

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

(i) The person does not own a vehicle.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

Section 23575 of the Vehicle Code is amended to
read:

23575.  

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

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

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

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

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

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

(f) (1) If a person is convicted of a violation of Section 23152
or 23153 and the offense occurred within 10 years of one or more
separate violations of Section 23152 or 23153 that resulted in a
conviction, or if a person is convicted of a violation of Section
23103, as specified in Section 23103.5, and is suspended for one
year under Section 13353.3, the person may apply to the
Department of Motor Vehicles for a restricted driver’s license
pursuant to Section 13352 or 13353.3 that prohibits the person
from operating a motor vehicle unless that vehicle is equipped
with a functioning ignition interlock device, certified pursuant to
Section 13386. The restriction shall remain in effect for at least
the remaining period of the original suspension or revocation and
until all reinstatement requirements in Section 13352 or 13353.4
are met.

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

(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 or
13353.3 shall arrange for each vehicle with an ignition interlock
device to be serviced by the installer at least once every 60 days
in order for the installer to recalibrate the device and monitor the
operation of the device. The installer shall notify the Department
of Motor Vehicles if the device is removed or indicates that the
person has attempted to remove, bypass, or tamper with the device,
or if the person fails three or more times to comply with any
requirement for the maintenance or calibration of the ignition
interlock device. There is no obligation on the part of the installer
to notify the department or the court if the person has complied
with all of the requirements of this section.

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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

23575.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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

23575.3.  

(a) In addition to any other requirement imposed by
law, a court shall begin delete require end delete begin insert notify end insert a person convicted of a violation
listed in subdivision (h) begin insert that he or she is required end insert to install a
certified ignition interlock device on any vehicle that the person
owns or operates and begin delete shall prohibit that person end delete begin insert that he or she is
prohibited end insert from operating a motor vehicle unless that vehicle is
equipped with a functioning, certified ignition interlock device in
accordance with this section.

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

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

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

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

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

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

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

(A) The person does not own a vehicle.

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

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

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

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

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

(e) In addition to any other restrictions the department places
on the driver’s license record of the convicted person when the
person is issued a restricted driver’s license pursuant to Section
13352 or 13352.4, the department shall place a restriction on the
driver’s license record of the person that states the driver is
restricted to driving only vehicles equipped with a certified ignition
interlock device for the applicable term.

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

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

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

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

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

(A) Upon a begin delete first offense, end delete begin insert conviction with no priors, end insert the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of six months.

(B) Upon a begin delete second offense, end delete begin insert conviction with one prior, end insert the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 12 months.

(C) Upon a begin delete third offense, end delete begin insert conviction with two priors, end insert the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 24 months.

(D) Upon a begin delete fourth or subsequent offense, end delete begin insert conviction with three
or more priors, end insert the person shall install an ignition interlock device
in all vehicles owned or operated by that person for a mandatory
term of 36 months.

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

(A) Upon a begin delete first offense, end delete begin insert conviction with no priors, end insert the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 12 months.

(B) Upon a begin delete second offense, end delete begin insert conviction with one prior, end insert the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 24 months.

(C) Upon a begin delete third offense, end delete begin insert conviction with two priors, end insert the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months.

(D) Upon a begin delete fourth or subsequent offense, end delete begin insert conviction with three
or more priors, end insert the person shall install an ignition interlock device
in all vehicles owned or operated by that person for a mandatory
term of 48 months.

begin insert

(3) For the purposes of paragraphs (1) and (2), “prior” means
a conviction for a violation of Section 23103, as specified in Section
23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code.

end insert begin delete

(3)

end delete

begin insert (4) end insert  The terms prescribed in this subdivision shall begin once a
person has complied with subparagraph (B) of paragraph (1) of
subdivision (d) and either upon the reinstatement of the privilege
to drive pursuant to Section 13352 or the issuance of a restricted
driver’s license pursuant to Section 13352 or 13352.4. A person
shall receive credit for any period in which he or she had a
restricted driver’s license issued pursuant to Section 13353.3 or
13353.7 and he or she was in compliance with Section 13353.6.

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

(j) If a person fails to comply with any of the requirements
regarding ignition interlock devices, begin insert the period in which the person
was not in compliance shall not be credited towards end insert the mandatory
term for which the ignition interlock device is required to be
begin delete installed shall be reset by the department. end delete begin insert installed. end insert

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

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

23575.5.  

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

(b) The report described in subdivision (a) shall, at a minimum,
include begin insert all of end insert the following:

begin delete

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

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

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

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

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

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

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

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

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

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

end delete begin insert

(1) Whether anyone who was required to have an ignition
interlock device installed as a result of the program killed or
injured anyone in an accident while he or she was operating a
vehicle under the influence of alcohol.

end insert begin insert

(2) Whether anyone who was required to have an ignition
interlock device installed as a result of the program was convicted
of an alcohol-related violation of Section 23103, as specified in
Section 23103.5, or Section 23140, 23152, or 23153, or Section
191.5 or subdivision (a) of Section 192.5 of the Penal Code during
the term in which the person was required to have the ignition
interlock device installed.

end insert begin insert

(3) A comparison of the number of injuries and deaths resulting
from alcohol-related motor vehicle accidents between July 1, 2016,
and January 1, 2020, inclusive, and during periods of similar
duration prior to the implementation of the program.

end insert begin insert

(4) A comparison of the number of individuals who have been
convicted more than one time for driving under the influence of
alcohol between July 1, 2016, and January 1, 2020, inclusive, and
periods of similar duration prior to the implementation of the
program.

end insert

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

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

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

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

Section 23576 of the Vehicle Code is amended to
read:

23576.  

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

(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to
begin delete Sections end delete begin insert Section end insert 23575 begin delete and end delete begin insert or end insert 23700, is not a motor vehicle owned
by the employer subject to the exemption in subdivision (a).

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

begin delete SEC. 22. end delete
begin insert SEC. 23. end insert   

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

23576.  

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

(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to
begin delete Sections end delete begin insert Section end insert 23575, 23575.3, or 23700, is not a motor vehicle
owned by the employer subject to the exemption in subdivision
(a).

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

begin delete SEC. 23. end delete
begin insert SEC. 24. end insert   

Section 23597 of the Vehicle Code is amended to
read:

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
13352, a court may order a 10-year revocation of the driver’s
license of a person who has been convicted of three or more
separate violations of Section 23152 or 23153, the last of which
is punishable under Section 23546, 23550, 23550.5, or 23566.
When making this order, the court shall consider all of the
following:

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

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

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

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

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

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

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

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

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

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

(B) The person successfully completed a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, following the date of the
last conviction of a violation of Section 23152 or 23153.

(C) The person was not convicted of violating Section 14601,
14601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
revocation period.

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

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

begin delete SEC. 24. end delete
begin insert SEC. 25. end insert   

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

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
13352, a court may order a 10-year revocation of the driver’s
license of a person who has been convicted of three or more
separate violations of Section 23152 or 23153, the last of which
is punishable under Section 23546, 23550, 23550.5, or 23566.
When making this order, the court shall consider all of the
following:

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

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

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

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

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

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

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

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

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

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

(B) The person successfully completed a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, following the date of the
last conviction of a violation of Section 23152 or begin delete 23153. end delete begin insert 23153 of
this code. end insert

(C) The person was not convicted of violating Section 14601,
14601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
revocation period.

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

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

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 23702 of the end insert begin insert Vehicle Code end insert begin insert is repealed. end insert

begin delete

23702.  

This chapter shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

end delete

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 23702 is added to the end insert begin insert Vehicle Code end insert begin insert , end insert immediately following Section 23701 begin insert , to read: end insert

begin insert

begin insert 23702. end insert   

This chapter shall become inoperative on July 1, 2016,
and, as of January 1, 2017, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2017,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert

begin delete SEC. 25. end delete
begin insert SEC. 28. end insert   

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