BILL NUMBER: SB 61 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2015
AMENDED IN SENATE MARCH 11, 2015
INTRODUCED BY Senator Hill
(Coauthors: Senators Hertzberg, Leyva, and Vidak)
(Coauthors: Assembly Members Bonilla, Cooley, Eduardo Garcia,
Lackey, Levine, Lopez, Maienschein, Patterson, Rodriguez, Steinorth,
Wagner, and Waldron)
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, 23103.5,
23247, 23573, 23575, 23576, and 23597 of, to add Sections 13353.6,
23575.3, and 23575.5 to, and to repeal and add Section
23702, 23702 of 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 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 extend that pilot program until July 1, 2016.
Effective July 1, 2016, the bill would make 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 eligible for a restricted driver's
license without serving any period of the suspension if the person
meets all other eligibility requirements and the person installs an
ignition interlock device. The bill would 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.
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 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.
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 conforming and 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.
This bill would extend the operation of that pilot program until
July 1, 2017.This bill would make these provisions relating to the
pilot program inoperative on July 1, 2017, and would repeal them as
of January 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23702 of the Vehicle
Code is repealed.
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.
SEC. 2. Section 23702 is added to the
Vehicle Code , to read:
23702. This chapter shall become inoperative on July 1, 2017,
and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2018, deletes
or extends the dates on which it becomes inoperative and is
repealed. All matter omitted in this version of the bill
appears in the bill as amended in the Senate, March 11, 2015. (JR11)