BILL NUMBER: SB 1046	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill
   (Coauthors: Senators Anderson, Bates, Cannella, and Vidak)
   (Coauthors: Assembly Members Baker, Bonilla, Chávez, Cooley,
Eduardo Garcia, Lackey, Levine, Lopez, Maienschein, Rodriguez, and
Waldron)

                        FEBRUARY 12, 2016

   An act to amend Sections 13386 and 23103.5 of, to amend, repeal,
and add Sections 13352, 13352.4, 13353.3, 13353.4, 13353.5, 23247,
23573, 23575, 23576, and 23597 of, and to add Sections 13353.6,
23575.3, and 23575.5 to, the Vehicle Code, relating to ignition
interlock devices.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1046, as introduced, Hill. Driving under the influence:
ignition interlock device.
   Existing law requires the Department of Motor Vehicles to
immediately suspend a person's privilege to operate a motor vehicle
for a specified period of time if the person has driven a motor
vehicle when the person had a certain blood-alcohol concentration.
Existing law authorizes certain individuals, whose privilege is
suspended pursuant to that provision to receive a restricted driver's
license if specified requirements are met, including the completion
of specified periods of license suspension or revocation.
   Existing law also requires the department to immediately suspend
or revoke a person's privilege to operate a motor vehicle if the
person has been convicted of violating specified provisions
prohibiting driving a motor vehicle under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law 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 July 1, 2017,
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.
   Effective July 1, 2017, 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, 2021, 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.
   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 or   23153,  subdivision (a) of
Section  23109   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
 below shall apply   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  23538.   23538 of this code.  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  be  
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  23556.   23556 of this code. 
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  be   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  23542. 
 23542 of this 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 restriction
of the driving  privilege, which may include credit for a
suspension period served under subdivision (c)  
privilege if the person meets all  of  Section 13353.3,
subject to  the following  conditions: 
 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.   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  be   occu   r
 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,  the person   he or she
 may apply to the department for a restricted driver's 
license, subject to   license if  the  person
meets all of the  following  conditions:  
requirements: 
   (A) The person  has  satisfactorily 
completed,   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.   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, and the person agrees,
as a condition of the restriction, to continue satisfactory
participation in that 30-month program.   employment.
 
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).  
   (B) 
    (C)  The person submits the "Verification of
Installation" form described in paragraph (2) of subdivision (g) of
Section 13386. 
   (C) 
    (D)  The person agrees to maintain the ignition
interlock device as required under subdivision (g) of Section 23575.

   (D) 
    (E)  The person provides proof of financial
responsibility, as defined in Section 16430. 
   (E) 
    (F)  The person pays all applicable reinstatement or
reissue fees and any restriction fee required by the department.

   (F) 
    (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  one of the following
programs:  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  be   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  restriction of the driving
privilege,   restricted driver's license,  which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3,  subject to   if 
the  person meets all of the  following  conditions:
  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.   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, and the person agrees, as a condition of the
restriction, to continue satisfactory participation in the 30-month
driving-under-the-influence program.   employment. 

   (C) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (B).  
   (C) 
    (D)  The person submits the "Verification of
Installation" form described in paragraph (2) of subdivision (g) of
Section 13386. 
   (D) 
    (E)  The person agrees to maintain the ignition
interlock device as required under subdivision (g) of Section 23575.

   (E) 
    (F)  The person provides proof of financial
responsibility, as defined in Section 16430. 
   (F) 
    (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. 
   (G) 
    (H)  The person pays all applicable reinstatement or
reissue fees and any restriction fee required by the department.

   (H) 
    (I)  The person pays to the department a fee sufficient
to cover the costs of administration of this paragraph, as determined
by the department. 
   (I) 
    (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  23568,
  23568 of this 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, 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,  the person 
 he or she  may apply to the department for a restricted
driver's  license, subject to   license if 
the  person meets all of the  following 
conditions:   requirements: 
   (A) The person  has  satisfactorily 
provided,   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, and the person agrees,
as a condition of the restriction, to continue satisfactory
participation in the 30-month driving-under-the-influence program.
  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).  
   (B) 
    (C)  The person submits the "Verification of
Installation" form described in paragraph (2) of subdivision (g) of
Section 13386. 
   (C) 
    (D)  The person agrees to maintain the ignition
interlock device as required under subdivision (g) of Section 23575.

   (D) 
    (E)  The person provides proof of financial
responsibility, as defined in Section 16430. 
   (E) 
    (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. 
   (F) 
    (G)  The person pays all applicable reinstatement or
reissue fees and any restriction fee required by the department.

   (G) 
    (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  be   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,  the person   he or she 
may apply to the department for a restricted driver's 
license, subject to   license if  the  person
meets all of the  following  conditions:  
requirements: 
   (A) The person  has  satisfactorily 
completed,   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.   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, and the person agrees,
as a condition of the restriction, to continue satisfactory
participation in the 30-month driving-under-the-influence program.
  employment.  
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).  
   (B) 
    (C)  The person submits the "Verification of
Installation" form described in paragraph (2) of subdivision (g) of
Section 13386. 
   (C) 
    (D)  The person agrees to maintain the ignition
interlock device as required under subdivision (g) of Section 23575.

   (D) 
    (E)  The person provides proof of financial
responsibility, as defined in Section 16430. 
   (E) 
    (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. 
   (F) 
    (G)  The person pays all applicable reinstatement or
reissue fees and any restriction fee required by the department.

   (G) 
    (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 or
  23153,  subdivision (a) of Section  23109
  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), 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.
   (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, 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.

  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 23538 of this code. 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 23556 of this code.
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 23556 of this code.
   (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 reasonable costs of administering the requirements of 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 23542 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 reissue fees and any restriction fee
required by the department.
   (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.
   (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.
   (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.
   (H) 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 reasonable costs of administering the requirements of 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.
   (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.
   (I) 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.
   (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.
   (I) 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, 2017.
  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:  
   (1) 
    (A)   Submits proof satisfactory to the
department of enrollment in, or completion 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  23538.   23538
of this code.  
   (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
 Section  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 
Section  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, 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.

  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 23538 of this code.
   (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.
   (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.
   (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
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) 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.
   (d) 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.
   (e) (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 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.
   (f) 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.
   (g) 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.
   (h) This section shall become operative on July 1, 2017.
  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  13353.1,   13353.1 of this code,  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  13353.1,   13353.1 of this
code,  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  (h)   (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  be 
 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 
the Dominion of  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, 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.

  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 13353.1 of this code, 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 13353.1 of this code, 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 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, 2017.
  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, 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.

  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, 2017.
  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, 2017,
and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes  operative on  September 20, 2005.
  or before January 1, 2018, 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, 2017.
  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.
   (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.
   (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.
   (d) Notwithstanding any other law, for a person whose driving
privilege has been suspended under Section 13353.2, who is eligible
for a restricted driver's license as provided for in Section 13353.7,
and who installs an ignition interlock device pursuant to this
section, a court shall reduce the fine amount by up to five hundred
dollars ($500) for a conviction of a violation arising out of the
same occurrence that led to the person's driving privilege being
suspended.
   (e) This section shall become operative on July 1, 2017.
  SEC. 12.  Section 13386 of the Vehicle Code is amended to read:
   13386.  (a) (1) The  Department of Motor Vehicles
  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 of Motor Vehicles  
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   independent, accredited (ISO/IEC 17025)
 laboratory to certify ignition interlock devices  on or
off the premises  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 of Motor Vehicles,  
department,  who intend to market the devices in this state,
first shall apply to the  Department of Motor Vehicles
  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) A manufacturer and a manufacturer's agent certified by the
department to provide ignition interlock devices shall provide each
year to the department information on the number of false positives
and the time to reset the device. The department shall use this
information in evaluating the continued certification of an ignition
interlock device.  
   (h) 
    (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
of Motor Vehicles   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. 
   (i) 
    (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. 
  SEC. 13.  Section 23103.5 of the Vehicle Code is amended to read:
   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). 
   (g) Beginning July 1, 2017, 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.  
   (g) 
    (h)  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  (f)   (g)  as to treating persons
convicted of violating Section 23103.
  SEC. 14.  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  the   a 
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  provision of  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, 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.

  SEC. 15.  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 a 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, 2017.
  SEC. 16.  Section 23573 of the Vehicle Code is amended to read:
   23573.  (a) The Department of Motor Vehicles, upon receipt of the
court's abstract of conviction for a violation listed in subdivision
(j), shall inform the convicted person of the requirements of this
section and the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed
pursuant to this code.
   (b) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
   (c) A person who is notified by the department pursuant to
subdivision (a) shall, within 30 days of notification, complete all
of the following:
   (1) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
   (2) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (3) Pay to the department a fee sufficient to cover the costs of
administration of this section, including startup costs, as
determined by the department.
   (d) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
   (e) (1) A person who is notified by the department pursuant to
subdivision (a) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
   (2) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
   (f) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to subdivision
(a).
   (g) (1) A person who is notified by the department, pursuant to
subdivision (a), is exempt from the requirements of subdivision (c)
if all of the following circumstances occur:
   (A) Within 30 days of the notification, the person certifies to
the department all of the following:
   (i) The person does not own a vehicle.
   (ii) The person does not have access to a vehicle at his or her
residence.
   (iii) The person no longer has access to the vehicle being driven
by the person when he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in
subdivision (j).
   (iv) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with an operating ignition interlock
device and that he or she is required to have a valid driver's
license before he or she can drive.
   (v) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
   (B) The person's driver's license record has been restricted
pursuant to subdivision (d).
   (C) The person complies with this section immediately upon
commencing ownership or operation of a vehicle subject to the
required installation of an ignition interlock device.
   (2) A person who has been granted an exemption pursuant to this
subdivision and who subsequently drives a vehicle in violation of the
exemption is subject to the penalties of subdivision (i) in addition
to any other applicable penalties in law.
   (h) This section does not permit a person to drive without a valid
driver's license.
   (i) A person who is required under subdivision (c) to install an
ignition interlock device who willfully fails to install the ignition
interlock device within the time period required under subdivision
(c) is guilty of a misdemeanor and shall be punished by imprisonment
in  the   a  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  operative  
inoperative  on July 1,  2009.   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.

  SEC. 17.  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
45 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 45 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 a 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, 2017.
  SEC. 18.  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  person has a  medical problem 
that  does not permit  the   a 
person to breathe with sufficient strength to activate the device,
 then  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, 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.

  SEC. 19.  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, 2017.
  SEC. 20.  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 notify a person convicted of a violation listed in
subdivision (h) that he or she is required to install a certified
ignition interlock device on any vehicle that the person owns or
operates and that he or she is prohibited 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 conviction with no priors, 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 conviction with one prior, 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 conviction with two priors, 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 conviction with three or more priors, 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 conviction with no priors, 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 conviction with one prior, 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 conviction with two priors, 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 conviction with three or more priors, the person shall
install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months.
   (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.
   (4) 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, the period in which the person
was not in compliance shall not be credited towards the mandatory
term for which the ignition interlock device is required to be
installed.
   (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) A person with an income at 301 to 400 percent of the federal
poverty level is responsible for 90 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.
   (E) 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, 2017.
  SEC. 21.  Section 23575.5 is added to the Vehicle Code, to read:
   23575.5.  (a) On or before June 1, 2021, 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 all of the following:
   (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.
   (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.
   (3) A comparison of the number of injuries and deaths resulting
from alcohol-related motor vehicle accidents between July 1, 2017,
and January 1, 2021, inclusive, and during periods of similar
duration prior to the implementation of the program.
   (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, 2017, and January 1, 2021, inclusive, and
periods of similar duration prior to the implementation of the
program.
   (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, 2017.
   (2) Pursuant to Section 10231.5 of the Government Code, this
section shall become inoperative on June 1, 2025, and, as of January
1, 2026, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2026, deletes or extends the dates
on which it becomes inoperative and is repealed.
  SEC. 22.  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  Sections   Section  23575
 and   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 
Sections   Section  23575  and 
 or  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, 2017, and, as
of January 1, 2018, 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. 23.  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 Section 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 Section
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, 2017.
  SEC. 24.  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
 (h)  (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, 2017,
and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes  operative on  or before  January
1,  2012.   2018, deletes or extends the dates
on wh   ich it becomes inoperative and is repealed. 
  SEC. 25.  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 23153 of this code.
   (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, 2017.
  SEC. 26.   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.