BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 61|
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THIRD READING
Bill No: SB 61
Author: Hill (D), et al.
Amended: 4/7/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/24/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Driving under the influence: ignition interlock
device
SOURCE: Author
DIGEST: This bill extends the existing Ignition Interlock
Device pilot project until July 1, 2017.
ANALYSIS:
Existing law:
1)Provides it is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to
drive a vehicle. (Vehicle Code § 23152(a).)
2)Provides that it is unlawful for any person, while having
0.08% or more, by weight, of alcohol in his or her blood to
drive a vehicle. (Vehicle Code § 23152(b).)
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3)Provides that a person convicted of a first-time DUI may apply
for a restricted license for driving to and from work and to
and from a driver-under-influence program if specified
requirements are met, paying all applicable fees, submitting
proof of insurance and proof of participation in a program.
(Vehicle Code § 13352.4.)
4)Provides that a second or subsequent DUI offender can get his
or her license reinstated earlier if he or she agrees to
install an Ignition Interlock Device (IID) along with his or
her enrollment in the required program, proof of insurance and
payment of specified fees. (Vehicle Code §§ 13352(a)(3)(B);
(a)(4) (B); (a)(5)(C); (a)(6)(B); (a)(7)(B)&(C))
5)Creates an IID pilot project in Alameda, Los Angeles,
Sacramento and Tulare Counties requiring a person convicted of
a DUI to install an IID for five months upon a first offense,
12 months for a second offense, 24 months for a 3rd offense
and for 36 months for a 4th or subsequent offense. (Vehicle
Code § 23700)
6)Requires DMV to report to the Legislature regarding the
effectiveness of the IID pilot project to reduce the number of
first-time violations and repeat DUI offenses. (Vehicle Code §
23701)
This bill extends the existing pilot project until July 1, 2017.
Background
In 2009, AB 91 (Feuer, Chapter 217) created an IID pilot project
in four counties which mandates the use of an IID for all DUI
offenders. DMV will report on the pilot project in January of
2015 regarding the effectiveness of the pilot project in
reducing the number of first-time violations and repeat offenses
in the specified counties.
The rationale for a pilot project was to see what impact a
mandatory IID program has on recidivism in California. While
the impact of IID has been studied elsewhere, with mixed
results, the comparisons are not perfect because while some of
the other states began mandating IID at the same time they
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strengthened other sanctions, California has had a complex group
of sanctions including high fines, jail time, licensing
sanctions, mandatory drinker-driver treatment programs and
optional IID in place since the mid-1980's with sanctions being
evaluated, changed and strengthened on an ongoing basis since.
The thought was that with a pilot project, DMV can evaluate how
best a mandatory IID system should work in California. By
evaluating four counties, the counties without the mandatory
programs act like a control group for the researchers at DMV.
Evaluating how the DUI sanctions work is something DMV
researchers have been doing with great success since 1990.
DMV's reports have helped inform the Legislature on where
changes needed to be made and have helped reduce recidivism in
California.
In January of this year, DMV released their report on the pilot
project entitled "General Deterrent Evaluation of the Ignition
Interlock Pilot Program in California." The report found that
even though "[d]uring the pilot period, IID installation rates
increased dramatically in the pilot counties to include 42.4% of
all DUI offenders combined, compared to 2.1% during the
pre-pilot period" the study found that " there were no
differences in the license-based rates of DUI convictions in the
pilot counties among first, second, and third-or-more DUI
offenders during the pilot program as compared to the pre-pilot
program." (California DMV, "General Deterrent Evaluation of the
Ignition Interlock Pilot Program in California" January 2015
Executive Summary p. vii) Thus the pilot projects showed no
"general deterrent" effect of requiring the installation of an
IID by all offenders. Requiring the installation did not result
in fewer DUI's in the pilot counties.
By the January 2015 due date, DMV was not able to gather the
appropriate data to do an additional report on specific
deterrent but intends to have such a report completed by the
fall of 2015. While general deterrent shows whether the threat
of an IID will keep a person from committing a DUI the first
time, a report on a specific deterrent will show whether the
installation of an IID by a DUI offender will keep that person
from becoming a repeat offender. Both are relevant goals in
deciding what sanctions shall be imposed on a DUI offender.
Because the report of the pilot projects showed no general
deterrent and it is not yet known what the results on specific
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deterrent will show, DMV recommends "that subsequent legislative
action take into consideration the findings of the specific
deterrence evaluation of this pilot program. This evaluation is
anticipated to be completed in the fall of 2015." (CA DMV id at
p.5)
This bill extends the pilot project until July 1, 2017 to give
time for the final DMV report to be completed.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
Administrative expenditures of $1.2 million to $1.5 million
(Special Fund*) to DMV to extend operation of the pilot for 18
months. Costs are estimated to be reimbursed through the
authority of the DMV to collect fees.
One-time minor DMV programming costs of less than $30,000
(Special Fund*) to enable extension of the pilot program.
*Motor Vehicle Account
SUPPORT: (Verified 5/29/15)
Advocates for Highway and Auto Safety
Alameda County District Attorney
Alameda County Sheriff's Office
American Nurses Association
California Council on Alcohol Problems
California State Council
California; California State Sheriffs' Association
County of San Diego
Emergency Nurses Association
Foundation for Advancing Alcohol Responsibility
Mothers Against Drunk Driving
National Safety Council
National Transportation Safety Board
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Peace Officers Research Association of California
OPPOSITION: (Verified 5/29/15)
California Attorneys for Criminal Justice
California Public Defenders Association
Prepared by:Mary Kennedy / PUB.S. /
5/31/15 9:25:40
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