Amended in Senate March 17, 2016

Senate BillNo. 1046


Introduced by Senator Hill

(Coauthors: Senators Anderson, Bates,begin insert Block,end insert Cannella,begin insert Roth,end insert 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 amended, Hill. Driving under the influence: ignition interlock device.

Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation.

Existing law also requires the department to immediately suspend or revoke a person’s privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted driver’s license.

Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to 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:

P3    1

SECTION 1.  

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

3

13352.  

(a) The department shall immediately suspend or
4revoke the privilege of a person to operate a motor vehicle upon
5the receipt of an abstract of the record of a court showing that the
6person has been convicted of a violation of Section 23152 or 23153,
7subdivision (a) of Section 23109, or Section 23109.1, or upon the
8receipt of a report of a judge of the juvenile court, a juvenile traffic
9hearing officer, or a referee of a juvenile court showing that the
10person has been found to have committed a violation of Section
1123152 or 23153, subdivision (a) of Section 23109, or Section
1223109.1. If an offense specified in this section occurs in a vehicle
P4    1defined in Section 15210, the suspension or revocation specified
2in this subdivisionbegin delete applies alsoend deletebegin insert also appliesend insert to the noncommercial
3driving privilege. The commercial driving privilege shall be
4disqualified as specified in Sections 15300 to 15302, inclusive.
5For the purposes of this section, suspension or revocation shall be
6as follows:

7(1) Except as required under Section 13352.1 or 13352.4, upon
8a conviction or finding of a violation of Section 23152 punishable
9under Section 23536, the privilege shall be suspended for a period
10of six months. The privilege shall not be reinstated until the person
11gives proof of financial responsibility and gives proof satisfactory
12to the department of successful completion of a
13driving-under-the-influence program licensed pursuant to Section
1411836 of the Health and Safety Code described in subdivision (b)
15of Section 23538 of this code. If the court, as authorized under
16 paragraph (3) of subdivision (b) of Section 23646, elects to order
17a person to enroll in, participate in, and complete either program
18described in subdivision (b) of Section 23542, the department shall
19require that program in lieu of the program described in subdivision
20(b) of Section 23538. For the purposes of this paragraph, enrollment
21in, participation in, and completion of an approved program shall
22occur subsequent to the date of the current violation. Credit shall
23not be given to any program activities completed prior to the date
24of the current violation.

25(2) Upon a conviction or finding of a violation of Section 23153
26punishable under Section 23554, the privilege shall be suspended
27for a period of one year. The privilege shall not be reinstated until
28the person gives proof of financial responsibility and gives proof
29satisfactory to the department of successful completion of a
30driving-under-the-influence program licensed pursuant to Section
3111836 of the Health and Safety Code as described in subdivision
32(b) of Section 23556 of this code. If the court, as authorized under
33paragraph (3) of subdivision (b) of Section 23646, elects to order
34a person to enroll in, participate in, and complete either program
35described in subdivision (b) of Section 23542, the department shall
36require that program in lieu of the program described in Section
3723556. For the purposes of this paragraph, enrollment,
38participation, and completion of an approved program shall occur
39subsequent to the date of the current violation. Credit shall not be
P5    1given to any program activities completed prior to the date of the
2current violation.

3(3) Except as provided in Section 13352.5, upon a conviction
4or finding of a violation of Section 23152 punishable under Section
523540, the privilege shall be suspended for two years. The privilege
6shall not be reinstated until the person gives proof of financial
7responsibility and gives proof satisfactory to the department of
8successful completion of a driving-under-the-influence program
9licensed pursuant to Section 11836 of the Health and Safety Code
10as described in subdivision (b) of Section 23542 of this code. For
11the purposes of this paragraph, enrollment in, participation in, and
12completion of an approved program shall be subsequent to the date
13of the current violation. Credit shall not be given to any program
14activities completed prior to the date of the current violation. The
15department shall advise the person that he or she may apply to the
16department for a restriction of the driving privilege if the person
17meets all of the following requirements:

18(A) Completion of 12 months of the suspension period, or
19completion of 90 days of the suspension period if the underlying
20conviction did not include the use of drugs as defined in Section
21312 and the person was found to be only under the influence of an
22alcoholic beverage at the time of the violation.

23(B) The person satisfactorily provides, subsequent to the
24violation date of the current underlying conviction, either of the
25following:

26(i) Proof of enrollment in an 18-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code if a 30-month program is
29unavailable in the person’s county of residence or employment.

30(ii) Proof of enrollment in a 30-month
31driving-under-the-influence program licensed pursuant to Section
3211836 of the Health and Safety Code, if available in the county of
33the person’s residence or employment.

34(C) The person agrees, as a condition of the restriction, to
35continue satisfactory participation in the program described in
36subparagraph (B).

37(D) The person submits the “Verification of Installation” form
38described in paragraph (2) of subdivision (g) of Section 13386.

39(E) The person agrees to maintain the ignition interlock device
40as required under subdivision (g) of Section 23575.

P6    1(F) The person provides proof of financial responsibility, as
2defined in Section 16430.

3(G) The person pays all reissue fees and any restriction fee
4required by the department.

5(H) The person pays to the department a fee sufficient to cover
6the costs of administration of this paragraph, as determined by the
7department.

8(I) The restriction shall remain in effect for the period required
9in subdivision (f) of Section 23575.

10(4) Except as provided in this paragraph, upon a conviction or
11finding of a violation of Section 23153 punishable under Section
1223560, the privilege shall be revoked for a period of three years.
13The privilege may not be reinstated until the person gives proof
14of financial responsibility, and the person gives proof satisfactory
15to the department of successful completion of a
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code, as described in paragraph
18(4) of subdivision (b) of Section 23562 of this code. For the
19purposes of this paragraph, enrollment in, participation in, and
20completion of an approved program shall occur subsequent to the
21date of the current violation. Credit shall not be given to any
22program activities completed prior to the date of the current
23violation. The department shall advise the person that after the
24completion of 12 months of the revocation period, which may
25include credit for a suspension period served under subdivision
26(c) of Section 13353.3, he or she may apply to the department for
27a restricted driver’s license if the person meets all of the following
28requirements:

29(A) The person satisfactorily provides, subsequent to the
30violation date of the current underlying conviction, either of the
31following:

32(i) The initial 12 months of an 18-month
33driving-under-the-influence program licensed pursuant to Section
3411836 of the Health and Safety Code if a 30-month program is
35unavailable in the person’s county of residence or employment.

36(ii) The initial 12 months of a 30-month
37driving-under-the-influence program licensed pursuant to Section
3811836 of the Health and Safety Code, if available in the county of
39the person’s residence or employment.

P7    1(B) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (A).

4(C) The person submits the “Verification of Installation” form
5described in paragraph (2) of subdivision (g) of Section 13386.

6(D) The person agrees to maintain the ignition interlock device
7as required under subdivision (g) of Section 23575.

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

10(F) The person pays all applicable reinstatement or reissue fees
11and any restriction fee required by the department.

12(G) The restriction shall remain in effect for the period required
13in subdivision (f) of Section 23575.

14(5) Except as provided in this paragraph, upon a conviction or
15finding of a violation of Section 23152 punishable under Section
1623546, the privilege shall be revoked for a period of three years.
17The privilege shall not be reinstated until the person files proof of
18financial responsibility and gives proof satisfactory to the
19department of successful completion of an 18-month
20driving-under-the-influence program licensed pursuant to Section
2111836 of the Health and Safety Code, as described in subdivision
22(b) or (c) of Section 23548 of this code, if a 30-month program is
23unavailable in the person’s county of residence or employment,
24or, if available in the county of the person’s residence or
25employment, a 30-month driving-under-the-influence program
26licensed pursuant to Section 11836 of the Health and Safety Code,
27or a program specified in Section 8001 of the Penal Code. For the
28purposes of this paragraph, enrollment in, participation in, and
29completion of an approved program shall occur subsequent to the
30date of the current violation. Credit shall not be given to any
31program activities completed prior to the date of the current
32violation. The department shall advise the person that he or she
33may apply to the department for a restricted driver’s license, which
34may include credit for a suspension period served under subdivision
35(c) of Section 13353.3, if the person meets all of the following
36requirements:

37(A) Completion of 12 months of the suspension period, or
38completion of six months of the suspension period if the underlying
39conviction did not include the use of drugs as defined in Section
P8    1312 and the person was found to be only under the influence of an
2alcoholic beverage at the time of the violation.

3(B) The person satisfactorily provides, subsequent to the
4violation date of the current underlying conviction, either of the
5following:

6(i) Proof of enrollment in an 18-month
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code if a 30-month program is
9unavailable in the person’s county of residence or employment.

10(ii) Proof of enrollment in a 30-month
11driving-under-the-influence program licensed pursuant to Section
1211836 of the Health and Safety Code, if available in the county of
13the person’s residence or employment.

14(C) The person agrees, as a condition of the restriction, to
15continue satisfactory participation in the program described in
16subparagraph (B).

17(D) The person submits the “Verification of Installation” form
18described in paragraph (2) of subdivision (g) of Section 13386.

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

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

23(G) An individual convicted of a violation of Section 23152
24punishable under Section 23546 may also, at any time after
25sentencing, petition the court for referral to an 18-month
26driving-under-the-influence program licensed pursuant to Section
2711836 of the Health and Safety Code, or, if available in the county
28of the person’s residence or employment, a 30-month
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code. Unless good cause is shown,
31the court shall order the referral.

32(H) The person pays all applicable reinstatement or reissue fees
33and any restriction fee required by the department.

34(I) The person pays to the department a fee sufficient to cover
35the costs of administration of this paragraph, as determined by the
36department.

37(J) The restriction shall remain in effect for the period required
38in subdivision (f) of Section 23575.

39(6) Except as provided in this paragraph, upon a conviction or
40finding of a violation of Section 23153 punishable under Section
P9    123550.5 or 23566, the privilege shall be revoked for a period of
2five years. The privilege may not be reinstated until the person
3gives proof of financial responsibility and gives proof satisfactory
4to the department of successful completion of a
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code as described in subdivision
7(b) of Section 23568 of this code, or if available in the county of
8the person’s residence or employment, a 30-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, or a program specified in
11Section 8001 of the Penal Code. For the purposes of this paragraph,
12enrollment in, participation in, and completion of an approved
13program shall be subsequent to the date of the current violation.
14Credit shall not be given to any program activities completed prior
15to the date of the current violation. The department shall advise
16the person that after completion of 12 months of the revocation
17period, which may include credit for a suspension period served
18under subdivision (c) of Section 13353.3, he or she may apply to
19the department for a restricted driver’s license if the person meets
20all of the following requirements:

21(A) The person satisfactorily provides, subsequent to the
22violation date of the current underlying conviction, either of the
23following:

24(i) Completion of the initial 12 months of a 30-month
25driving-under-the-influence program licensed pursuant to Section
2611836 of the Health and Safety Code, if available in the county of
27the person’s residence or employment.

28(ii) Completion of the initial 12 months of an 18-month
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code, if a 30-month program is
31unavailable in the person’s county of residence or employment.

32(B) The person agrees, as a condition of the restriction, to
33continue satisfactory participation in the program described in
34subparagraph (A).

35(C) The person submits the “Verification of Installation” form
36described in paragraph (2) of subdivision (g) of Section 13386.

37(D) The person agrees to maintain the ignition interlock device
38as required under subdivision (g) of Section 23575.

39(E) The person provides proof of financial responsibility, as
40defined in Section 16430.

P10   1(F) An individual convicted of a violation of Section 23153
2punishable under Section 23566 may also, at any time after
3sentencing, petition the court for referral to an 18-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code, or, if available in the county
6of the person’s residence or employment, a 30-month
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code. Unless good cause is shown,
9the court shall order the referral.

10(G) The person pays all applicable reinstatement or reissue fees
11and any restriction fee required by the department.

12(H) The restriction shall remain in effect for the period required
13in subdivision (f) of Section 23575.

14(7) Except as provided in this paragraph, upon a conviction or
15finding of a violation of Section 23152 punishable under Section
1623550 or 23550.5, or of a violation of Section 23153 punishable
17under Section 23550.5, the privilege shall be revoked for a period
18of four years. The privilege shall not be reinstated until the person
19files proof of financial responsibility and gives proof satisfactory
20to the department of successful completion of an 18-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, if a 30-month program is
23unavailable in the person’s county of residence or employment,
24or, if available in the county of the person’s residence or
25employment, a 30-month driving-under-the-influence program
26licensed pursuant to Section 11836 of the Health and Safety Code,
27or a program specified in Section 8001 of the Penal Code. For the
28purposes of this paragraph, enrollment in, participation in, and
29completion of an approved program shall occur subsequent to the
30date of the current violation. Credit shall not be given to any
31program activities completed prior to the date of the current
32violation. The department shall advise the person that after
33completion of 12 months of the revocation period, which may
34include credit for a suspension period served under subdivision
35(c) of Section 13353.3, he or she may apply to the department for
36a restricted driver’s license if the person meets all of the following
37requirements:

38(A) The person satisfactorily provides, subsequent to the
39violation date of the current underlying conviction, either of the
40following:

P11   1(i) The initial 12 months of an 18-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if a 30-month program is
4unavailable in the person’s county of residence or employment.

5(ii) The initial 12 months of a 30-month
6driving-under-the-influence program licensed pursuant to Section
711836 of the Health and Safety Code, if available in the county of
8the person’s residence or employment.

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

12(C) The person submits the “Verification of Installation” form
13described in paragraph (2) of subdivision (g) of Section 13386.

14(D) The person agrees to maintain the ignition interlock device
15as required under subdivision (g) of Section 23575.

16(E) The person provides proof of financial responsibility, as
17defined in Section 16430.

18(F) An individual convicted of a violation of Section 23152
19punishable under Section 23550 may also, at any time after
20sentencing, petition the court for referral to an 18-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, or, if available in the county
23of the person’s residence or employment, a 30-month
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code. Unless good cause is shown,
26the court shall order the referral.

27(G) The person pays all applicable reinstatement or reissue fees
28and any restriction fee required by the department.

29(H) The restriction shall remain in effect for the period required
30in subdivision (f) of Section 23575.

31(8) Upon a conviction or finding of a violation of subdivision
32(a) of Section 23109 that is punishable under subdivision (e) of
33that section or Section 23109.1, the privilege shall be suspended
34for a period of 90 days to six months, if ordered by the court. The
35privilege shall not be reinstated until the person gives proof of
36financial responsibility, as defined in Section 16430.

37(9) Upon a conviction or finding of a violation of subdivision
38(a) of Section 23109 that is punishable under subdivision (f) of
39that section, the privilege shall be suspended for a period of six
40months, if ordered by the court. The privilege shall not be reinstated
P12   1until the person gives proof of financial responsibility, as defined
2in Section 16430.

3(b) For the purpose of paragraphs (2) to (9), inclusive, of
4subdivision (a), the finding of the juvenile court judge, the juvenile
5hearing officer, or the referee of a juvenile court of a commission
6of a violation of Section 23152 or 23153, subdivision (a) of Section
723109, or Section 23109.1, as specified in subdivision (a) of this
8section, is a conviction.

9(c) A judge of a juvenile court, juvenile hearing officer, or
10referee of a juvenile court shall immediately report the findings
11specified in subdivision (a) to the department.

12(d) A conviction of an offense in a state, territory, or possession
13of the United States, the District of Columbia, the Commonwealth
14of Puerto Rico, or Canada that, if committed in this state, would
15be a violation of Section 23152, is a conviction of Section 23152
16for the purposes of this section, and a conviction of an offense
17that, if committed in this state, would be a violation of Section
1823153, is a conviction of Section 23153 for the purposes of this
19section. The department shall suspend or revoke the privilege to
20operate a motor vehicle pursuant to this section upon receiving
21notice of that conviction.

22(e) For the purposes of the restriction conditions specified in
23paragraphs (3) to (7), inclusive, of subdivision (a), the department
24shall terminate the restriction imposed pursuant to this section and
25shall suspend or revoke the person’s driving privilege upon receipt
26of notification from the driving-under-the-influence program that
27the person has failed to comply with the program requirements.
28The person’s driving privilege shall remain suspended or revoked
29for the remaining period of the original suspension or revocation
30imposed under this section and until all reinstatement requirements
31described in this section are met.

32(f) For the purposes of this section, completion of a program is
33the following:

34(1) Satisfactory completion of all program requirements
35approved pursuant to program licensure, as evidenced by a
36certificate of completion issued, under penalty of perjury, by the
37licensed program.

38(2) Certification, under penalty of perjury, by the director of a
39program specified in Section 8001 of the Penal Code, that the
P13   1person has completed a program specified in Section 8001 of the
2Penal Code.

3(g) The holder of a commercial driver’s license who was
4operating a commercial motor vehicle, as defined in Section 15210,
5at the time of a violation that resulted in a suspension or revocation
6of the person’s noncommercial driving privilege under this section
7is not eligible for the restricted driver’s license authorized under
8paragraphs (3) to (7), inclusive, of subdivision (a).

9(h) This section shall become inoperative on July 1, 2017, and,
10as of January 1, 2018, is repealed, unless a later enacted statute,
11that becomes operative on or before January 1, 2018, deletes or
12extends the dates on which it becomes inoperative and is repealed.

13

SEC. 2.  

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

14

13352.  

(a) The department shall immediately suspend or
15revoke the privilege of a person to operate a motor vehicle upon
16the receipt of an abstract of the record of a court showing that the
17person has been convicted of a violation of Section 23152 or 23153,
18subdivision (a) of Section 23109, or Section 23109.1, or upon the
19receipt of a report of a judge of the juvenile court, a juvenile traffic
20hearing officer, or a referee of a juvenile court showing that the
21person has been found to have committed a violation of Section
2223152 or 23153, subdivision (a) of Section 23109, or Section
2323109.1. If an offense specified in this section occurs in a vehicle
24defined in Section 15210, the suspension or revocation specified
25in this subdivision applies also to the noncommercial driving
26privilege. The commercial driving privilege shall be disqualified
27as specified in Sections 15300 to 15302, inclusive. For the purposes
28of this section, suspension or revocation shall be as follows:

29(1) Except as required under Section 13352.1 or 13352.4, upon
30a conviction or finding of a violation of Section 23152 punishable
31under Section 23536, the privilege shall be suspended for a period
32of six months. The privilege shall not be reinstated until the person
33gives proof of financial responsibility and gives proof satisfactory
34to the department of successful completion of a
35driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code described in subdivision (b)
37of Section 23538 of this code. If the court, as authorized under
38paragraph (3) of subdivision (b) of Section 23646, elects to order
39a person to enroll in, participate in, and complete either program
40described in subdivision (b) of Section 23542, the department shall
P14   1require that program in lieu of the program described in subdivision
2(b) of Section 23538. For the purposes of this paragraph, enrollment
3in, participation in, and completion of an approved program shall
4occur subsequent to the date of the current violation. Credit shall
5not be given to any program activities completed prior to the date
6of the current violation.

7(2) Upon a conviction or finding of a violation of Section 23153
8punishable under Section 23554, the privilege shall be suspended
9for a period of one year. The privilege shall not be reinstated until
10the person gives proof of financial responsibility and gives proof
11satisfactory to the department of successful completion of a
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code as described in subdivision
14(b) of Section 23556 of this code. If the court, as authorized under
15paragraph (3) of subdivision (b) of Section 23646, elects to order
16a person to enroll in, participate in, and complete either program
17described in subdivision (b) of Section 23542, the department shall
18require that program in lieu of the program described in Section
1923556. For the purposes of this paragraph, enrollment in,
20participation in, and completion of an approved program shall
21occur subsequent to the date of the current violation. Credit shall
22not be given to any program activities completed prior to the date
23of the current violation. The department shall advise the person
24that he or she may apply to the department for a restricted driver’s
25license if the person meets all of the following requirements:

26(A) The person satisfactorily provides, subsequent to the
27violation date of the current underlying conviction, either of the
28following:

29(i) Proof of enrollment in a driving-under-the-influence program
30licensed pursuant to Section 11836 of the Health and Safety Code,
31as described in subdivision (b) of Section 23556 of this code.

32(ii) Proof of enrollment in a program described in subdivision
33(b) of Section 23542, if the court has ordered the person to enroll
34in, participate in, and complete either program described in that
35section, in which case the person shall not be required to provide
36the proof described in clause (i).

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

P15   1(C) The person complies with subdivision (d) of Section
223575.3, if applicable.

3(D) The person agrees to maintain the ignition interlock device
4as required under Section 23575.3, if applicable.

5(E) The person provides proof of financial responsibility, as
6defined in Section 16430.

7(F) The person pays all reissue fees and any restriction fee
8required by the department.

9(G) The person pays to the department a fee sufficient to cover
10the reasonable costs of administering the requirements of this
11paragraph, as determined by the department.

12(H) The restriction shall remain in effect for the period required
13in subdivision (e).

14(3) Except as provided in Section 13352.5, upon a conviction
15or finding of a violation of Section 23152 punishable under Section
1623540, the privilege shall be suspended for two years. The privilege
17shall not be reinstated until the person gives proof of financial
18responsibility and gives proof satisfactory to the department of
19successful completion of a driving-under-the-influence program
20licensed pursuant to Section 11836 of the Health and Safety Code
21as described in subdivision (b) of Section 23542 of this code. For
22the purposes of this paragraph, enrollment in, participation in, and
23completion of an approved program shall occur subsequent to the
24date of the current violation. Credit shall not be given to any
25program activities completed prior to the date of the current
26violation. The department shall advise the person that he or she
27may apply to the department for a restricted driver’s license if the
28person meets all of the following requirements:

29(A) The person satisfactorily provides, subsequent to the
30violation date of the current underlying conviction, either of the
31following:

32(i) Proof of enrollment in an 18-month
33driving-under-the-influence program licensed pursuant to Section
34 11836 of the Health and Safety Code if a 30-month program is
35unavailable in the person’s county of residence or employment.

36(ii) Proof of enrollment in a 30-month
37driving-under-the-influence program licensed pursuant to Section
3811836 of the Health and Safety Code, if available in the county of
39the person’s residence or employment.

P16   1(B) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (A).

4(C) The person complies with subdivision (d) of Section
523575.3, if applicable.

6(D) The person agrees to maintain the ignition interlock device
7as required under Section 23575.3, if applicable.

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

10(F) The person pays all reissue fees and any restriction fee
11required by the department.

12(G) The person pays to the department a fee sufficient to cover
13the reasonable costs of administering the requirements of this
14paragraph, as determined by the department.

15(H) The restriction shall remain in effect for the period required
16in subdivision (e).

17(4) Except as provided in this paragraph, upon a conviction or
18finding of a violation of Section 23153 punishable under Section
1923560, the privilege shall be revoked for a period of three years.
20The privilege may not be reinstated until the person gives proof
21of financial responsibility, and the person gives proof satisfactory
22to the department of successful completion of a
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code, as described in paragraph
25(4) of subdivision (b) of Section 23562 of this code. For the
26purposes of this paragraph, enrollment in, participation in, and
27completion of an approved program shall occur subsequent to the
28date of the current violation. Credit shall not be given to any
29program activities completed prior to the date of the current
30violation. The department shall advise the person that he or she
31may apply to the department for a restricted driver’s license if the
32person meets all of the following requirements:

33(A) The person satisfactorily provides, subsequent to the
34violation date of the current underlying conviction, either of the
35following:

36(i)  Proof of enrollment in an 18-month
37driving-under-the-influence program licensed pursuant to Section
3811836 of the Health and Safety Code if a 30-month program is
39unavailable in the person’s county of residence or employment.

P17   1(ii)  Proof of enrollment in a 30-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if available in the county of
4the person’s residence or employment.

5(B) The person agrees, as a condition of the restriction, to
6continue satisfactory participation in the program described in
7subparagraph (A).

8(C) The person complies with subdivision (d) of Section
923575.3, if applicable.

10(D) The person agrees to maintain the ignition interlock device
11as required under Section 23575.3, if applicable.

12(E) The person provides proof of financial responsibility, as
13defined in Section 16430.

14(F) The person pays all applicable reinstatement or reissue fees
15and any restriction fee required by the department.

16(G) The person pays to the department a fee sufficient to cover
17the reasonable costs of administering the requirements of this
18paragraph, as determined by the department.

19(H) The restriction shall remain in effect for the period required
20in subdivision (e).

21(5) Except as provided in this paragraph, upon a conviction or
22finding of a violation of Section 23152 punishable under Section
2323546, the privilege shall be revoked for a period of three years.
24The privilege shall not be reinstated until the person files proof of
25financial responsibility and gives proof satisfactory to the
26department of successful completion of an 18-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code, as described in subdivision
29(b) or (c) of Section 23548 of this code, if a 30-month program is
30unavailable in the person’s county of residence or employment,
31or, if available in the county of the person’s residence or
32employment, a 30-month driving-under-the-influence program
33licensed pursuant to Section 11836 of the Health and Safety Code,
34or a program specified in Section 8001 of the Penal Code. For the
35purposes of this paragraph, enrollment in, participation in, and
36completion of an approved program shall occur subsequent to the
37date of the current violation. Credit shall not be given to any
38program activities completed prior to the date of the current
39violation. The department shall advise the person that he or she
P18   1may apply to the department for a restricted driver’s license if the
2person meets all of the following requirements:

3(A) The person satisfactorily provides, subsequent to the
4violation date of the current underlying conviction, either of the
5following:

6(i) Proof of enrollment in an 18-month
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code if a 30-month program is
9unavailable in the person’s county of residence or employment.

10(ii) Proof of enrollment in a 30-month
11driving-under-the-influence program licensed pursuant to Section
1211836 of the Health and Safety Code, if available in the county of
13the person’s residence or employment.

14(B) The person agrees, as a condition of the restriction, to
15continue satisfactory participation in the program described in
16subparagraph (A).

17(C) The person complies with subdivision (d) of Section
1823575.3, if applicable.

19(D) The person agrees to maintain the ignition interlock device
20as required under Section 23575.3, if applicable.

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

23(F) An individual convicted of a violation of Section 23152
24punishable under Section 23546 may also, at any time after
25sentencing, petition the court for referral to an 18-month
26driving-under-the-influence program licensed pursuant to Section
2711836 of the Health and Safety Code, or, if available in the county
28of the person’s residence or employment, a 30-month
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code. Unless good cause is shown,
31the court shall order the referral.

32(G) The person pays all applicable reinstatement or reissue fees
33and any restriction fee required by the department.

34(H) The person pays to the department a fee sufficient to cover
35the reasonable costs of administering the requirements of this
36paragraph, as determined by the department.

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

39(6) Except as provided in this paragraph, upon a conviction or
40finding of a violation of Section 23153 punishable under Section
P19   123550.5 or 23566, the privilege shall be revoked for a period of
2five years. The privilege may not be reinstated until the person
3gives proof of financial responsibility and gives proof satisfactory
4to the department of successful completion of a
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code as described in subdivision
7(b) of Section 23568, or if available in the county of the person’s
8residence or employment, a 30-month driving-under-the-influence
9program licensed pursuant to Section 11836 of the Health and
10Safety Code, or a program specified in Section 8001 of the Penal
11Code. For the purposes of this paragraph, enrollment in,
12participation in, and completion of an approved program shall be
13subsequent to the date of the current violation. Credit shall not be
14given to any program activities completed prior to the date of the
15current violation. The department shall advise the person that he
16or she may apply to the department for a restricted driver’s license
17if the person meets all of the following requirements:

18(A) The person satisfactorily provides, subsequent to the
19violation date of the current underlying conviction, either of the
20following:

21(i)  Proof of enrollment in a 30-month
22driving-under-the-influence program licensed pursuant to Section
2311836 of the Health and Safety Code, if available in the county of
24the person’s residence or employment.

25(ii)  Proof of enrollment in an 18-month
26driving-under-the-influence program licensed pursuant to Section
2711836 of the Health and Safety Code, if a 30-month program is
28unavailable in the person’s county of residence or employment.

29(B) The person agrees, as a condition of the restriction, to
30continue satisfactory participation in the program described in
31subparagraph (A).

32(C) The person complies with subdivision (d) of Section
3323575.3, if applicable.

34(D) The person agrees to maintain the ignition interlock device
35as required under Section 23575.3, if applicable.

36(E) The person provides proof of financial responsibility, as
37defined in Section 16430.

38(F) An individual convicted of a violation of Section 23153
39punishable under Section 23566 may also, at any time after
40sentencing, petition the court for referral to an 18-month
P20   1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code, or, if available in the county
3of the person’s residence or employment, a 30-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code. Unless good cause is shown,
6the court shall order the referral.

7(G) The person pays all applicable reinstatement or reissue fees
8and any restriction fee required by the department.

9(H) The person pays to the department a fee sufficient to cover
10the reasonable costs of administering the requirements of this
11paragraph, as determined by the department.

12(I) The restriction shall remain in effect for the period required
13in subdivision (e).

14(7) Except as provided in this paragraph, upon a conviction or
15finding of a violation of Section 23152 punishable under Section
1623550 or 23550.5, or of a violation of Section 23153 punishable
17under Section 23550.5, the privilege shall be revoked for a period
18of four years. The privilege shall not be reinstated until the person
19files proof of financial responsibility and gives proof satisfactory
20to the department of successful completion of an 18-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, if a 30-month program is
23unavailable in the person’s county of residence or employment,
24or, if available in the county of the person’s residence or
25employment, a 30-month driving-under-the-influence program
26licensed pursuant to Section 11836 of the Health and Safety Code,
27or a program specified in Section 8001 of the Penal Code. For the
28purposes of this paragraph, enrollment in, participation in, and
29completion of an approved program shall occur subsequent to the
30date of the current violation. Credit shall not be given to any
31program activities completed prior to the date of the current
32violation. The department shall advise the person that he or she
33may apply to the department for a restricted driver’s license if the
34person meets all of the following requirements:

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

38(i)  Proof of enrollment in an 18-month
39driving-under-the-influence program licensed pursuant to Section
P21   111836 of the Health and Safety Code, if a 30-month program is
2unavailable in the person’s county of residence or employment.

3(ii)  Proof of enrollment in a 30-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code, if available in the county of
6the person’s residence or employment.

7(B) The person agrees, as a condition of the restriction, to
8continue satisfactory participation in the program described in
9subparagraph (A).

10(C) The person complies with subdivision (d) of Section
1123575.3, if applicable.

12(D) The person agrees to maintain the ignition interlock device
13as required under Section 23575.3, if applicable.

14(E) The person provides proof of financial responsibility, as
15defined in Section 16430.

16(F) An individual convicted of a violation of Section 23152
17punishable under Section 23550 may also, at any time after
18sentencing, petition the court for referral to an 18-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code, or, if available in the county
21of the person’s residence or employment, a 30-month
22driving-under-the-influence program licensed pursuant to Section
2311836 of the Health and Safety Code. Unless good cause is shown,
24the court shall order the referral.

25(G) The person pays all applicable reinstatement or reissue fees
26and any restriction fee required by the department.

27(H) The person pays to the department a fee sufficient to cover
28the reasonable costs of administering the requirements of this
29paragraph, as determined by the department.

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

32(8) Upon a conviction or finding of a violation of subdivision
33(a) of Section 23109 that is punishable under subdivision (e) of
34that section or Section 23109.1, the privilege shall be suspended
35for a period of 90 days to six months, if ordered by the court. The
36privilege shall not be reinstated until the person gives proof of
37financial responsibility, as defined in Section 16430.

38(9) Upon a conviction or finding of a violation of subdivision
39(a) of Section 23109 that is punishable under subdivision (f) of
40that section, the privilege shall be suspended for a period of six
P22   1months, if ordered by the court. The privilege shall not be reinstated
2 until the person gives proof of financial responsibility, as defined
3in Section 16430.

4(b) For the purpose of paragraphs (2) to (9), inclusive, of
5subdivision (a), the finding of the juvenile court judge, the juvenile
6hearing officer, or the referee of a juvenile court of a commission
7of a violation of Section 23152 or 23153, subdivision (a) of Section
823109, or Section 23109.1, as specified in subdivision (a) of this
9section, is a conviction.

10(c) A judge of a juvenile court, juvenile hearing officer, or
11referee of a juvenile court shall immediately report the findings
12specified in subdivision (a) to the department.

13(d) A conviction of an offense in a state, territory, or possession
14of the United States, the District of Columbia, the Commonwealth
15of Puerto Rico, or Canada that, if committed in this state, would
16be a violation of Section 23152, is a conviction of Section 23152
17for the purposes of this section, and a conviction of an offense
18that, if committed in this state, would be a violation of Section
1923153, is a conviction of Section 23153 for the purposes of this
20section. The department shall suspend or revoke the privilege to
21operate a motor vehicle pursuant to this section upon receiving
22notice of that conviction.

23(e) (1) Except as specified in paragraph (2) or (3), the restriction
24conditions specified in paragraphs (2) to (7), inclusive, of
25subdivision (a) shall remain in effect for at least the remaining
26period of the original suspension or revocation and until all
27reinstatement requirements are satisfied.

28(2) For the purposes of the restriction conditions specified in
29paragraphs (2) to (7), inclusive, of subdivision (a), the department
30shall terminate the restriction imposed pursuant to this section and
31shall suspend or revoke the person’s driving privilege upon receipt
32of notification from the driving-under-the-influence program that
33the person has failed to comply with the program requirements.
34The person’s driving privilege shall remain suspended or revoked
35for the remaining period of the original suspension or revocation
36imposed under this section and until all reinstatement requirements
37described in this section are met.

38(3) The department shall immediately terminate the restriction
39issued pursuant to this section and shall immediately suspend or
40revoke the privilege to operate a motor vehicle of a person who,
P23   1with respect to an ignition interlock device installed pursuant to
2Section 23575.3, attempts to remove, bypass, or tamper with the
3device, has the device removed prior to the termination date of the
4restriction, or fails three or more times to comply with any
5requirement for the maintenance or calibration of the device. The
6privilege shall remain suspended or revoked for the remaining
7period of the originating suspension or revocation and until all
8reinstatement requirements in this section are satisfied.

9(f) For the purposes of this section, completion of a program is
10the following:

11(1) Satisfactory completion of all program requirements
12approved pursuant to program licensure, as evidenced by a
13certificate of completion issued, under penalty of perjury, by the
14licensed program.

15(2) Certification, under penalty of perjury, by the director of a
16program specified in Section 8001 of the Penal Code, that the
17person has completed a program specified in Section 8001 of the
18Penal Code.

19(g) The holder of a commercial driver’s license who was
20operating a commercial motor vehicle, as defined in Section 15210,
21at the time of a violation that resulted in a suspension or revocation
22of the person’s noncommercial driving privilege under this section
23is not eligible for the restricted driver’s license authorized under
24paragraphs (3) to (7), inclusive, of subdivision (a).

25(h) The reinstatement of the driving privilege pursuant to this
26section does not abrogate a person’s continuing duty to comply
27with any restriction imposed pursuant to Section 23575.3.

28(i) This section shall become operative on July 1, 2017.

29

SEC. 3.  

Section 13352.4 of the Vehicle Code is amended to
30read:

31

13352.4.  

(a) Except as provided in subdivision (h), the
32department shall issue a restricted driver’s license to a person
33whose driver’s license was suspended under paragraph (1) of
34subdivision (a) of Section 13352 or Section 13352.1, if the person
35meets all of the following requirements:

36(1) Submits proof satisfactory to the department of either of the
37following, as applicable:

38(A) Enrollment in a driving-under-the-influence program
39licensed pursuant to Section 11836 of the Health and Safety Code,
40as described in subdivision (b) of Section 23538 of this code.

P24   1(B) Enrollment in a program described in subdivision (b) of
2Section 23542, if the court has ordered the person to enroll in,
3participate in, and complete either program described in that
4section, in which case the person shall not be required to provide
5proof of the enrollment described in subparagraph (A).

6(2) Submits proof of financial responsibility, as defined in
7Section 16430.

8(3) Pays all applicable reinstatement or reissue fees and any
9restriction fee required by the department.

10(b) The restriction of the driving privilege shall become effective
11when the department receives all of the documents and fees
12required under subdivision (a) and shall remain in effect until the
13final day of the original suspension imposed under paragraph (1)
14of subdivision (a) of Section 13352 or Section 13352.1, or until
15the date all reinstatement requirements described in Section 13352
16or 13352.1 have been met, whichever date is later, and may include
17credit for any suspension period served under subdivision (c) of
18Section 13353.3.

19(c) The restriction of the driving privilege shall be limited to
20the hours necessary for driving to and from the person’s place of
21employment, driving during the course of employment, and driving
22to and from activities required in the driving-under-the-influence
23program.

24(d) Whenever the driving privilege is restricted under this
25section, proof of financial responsibility, as defined in Section
2616430, shall be maintained for three years. If the person does not
27maintain that proof of financial responsibility at any time during
28the restriction, the driving privilege shall be suspended until the
29proof required under Section 16484 is received by the department.

30(e) For the purposes of this section, enrollment, participation,
31and completion of an approved program shall be subsequent to the
32date of the current violation. Credit may not be given to a program
33activity completed prior to the date of the current violation.

34(f) The department shall terminate the restriction issued under
35this section and shall suspend the privilege to operate a motor
36vehicle pursuant to paragraph (1) of subdivision (a) of Section
3713352 or Section 13352.1 immediately upon receipt of notification
38from the driving-under-the-influence program that the person has
39failed to comply with the program requirements. The privilege
40shall remain suspended until the final day of the original suspension
P25   1imposed under paragraph (1) of subdivision (a) of Section 13352
2or 13352.1, or until the date all reinstatement requirements
3described in Section 13352 or Section 13352.1 have been met,
4whichever date is later.

5(g) The holder of a commercial driver’s license who was
6operating a commercial motor vehicle, as defined in Section 15210,
7at the time of a violation that resulted in a suspension or revocation
8of the person’s noncommercial driving privilege under paragraph
9(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
10eligible for the restricted driver’s license authorized under this
11section.

12(h) If, upon conviction, the court has made the determination,
13as authorized under subdivision (d) of Section 23536 or paragraph
14(3) of subdivision (a) of Section 23538, to disallow the issuance
15of a restricted driver’s license, the department may not issue a
16restricted driver’s license under this section.

17(i) This section shall become inoperative on July 1, 2017, and,
18as of January 1, 2018, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2018, deletes or
20extends the dates on which it becomes inoperative and is repealed.

21

SEC. 4.  

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

22

13352.4.  

(a) Except as provided in subdivision (h), the
23department shall issue a restricted driver’s license to a person
24whose driver’s license was suspended under paragraph (1) of
25subdivision (a) of Section 13352 or Section 13352.1, if the person
26meets all of the following requirements:

27(1) Submits proof satisfactory to the department of either of the
28following:

29(A) Enrollment in a driving-under-the-influence program
30licensed pursuant to Section 11836 of the Health and Safety Code,
31as described in subdivision (b) of Section 23538 of this code.

32(B) Enrollment in a program described in subdivision (b) of
33Section 23542, if the court has ordered the person to enroll in,
34participate in, and complete either program described in that
35section, in which case the person shall not be required to provide
36proof of the enrollment described in subparagraph (A).

37(2) Complies with subdivision (d) of Section 23575.3, if
38applicable.

39(3) Agrees to maintain the ignition interlock device as required
40under Section 23575.3, if applicable.

P26   1(4) Submits proof of financial responsibility, as defined in
2Section 16430.

3(5) Pays all applicable reinstatement or reissue fees and any
4restriction fee required by the department.

5(6) The person pays to the department a fee sufficient to cover
6the reasonable costs of administering the requirements of this
7paragraph, as determined by the department.

8(b) The restriction of the driving privilege shall become effective
9when the department receives all of the documents and fees
10required under subdivision (a) and shall remain in effect until the
11final day of the original suspension imposed under paragraph (1)
12of subdivision (a) of Section 13352 or Section 13352.1, or until
13the date all reinstatement requirements described in Section 13352
14or 13352.1 have been met, whichever date is later, and may include
15credit for any suspension period served under subdivision (c) of
16Section 13353.3.

17(c) Whenever the driving privilege is restricted under this
18section, proof of financial responsibility, as defined in Section
1916430, shall be maintained for three years. If the person does not
20maintain that proof of financial responsibility at any time during
21the restriction, the driving privilege shall be suspended until the
22proof required under Section 16484 is received by the department.

23(d) For the purposes of this section, enrollment, participation,
24and completion of an approved program shall be subsequent to the
25date of the current violation. Credit may not be given to a program
26activity completed prior to the date of the current violation.

27(e) (1) The department shall terminate the restriction issued
28under this section and shall suspend the privilege to operate a motor
29vehicle pursuant to paragraph (1) of subdivision (a) of Section
3013352 or Section 13352.1 immediately upon receipt of notification
31from the driving-under-the-influence program that the person has
32failed to comply with the program requirements. The privilege
33shall remain suspended until the final day of the original suspension
34imposed under paragraph (1) of subdivision (a) of Section 13352
35or Section 13352.1, or until the date all reinstatement requirements
36described in Section 13352 or 13352.1 have been met, whichever
37date is later.

38(2) The department shall immediately terminate the restriction
39issued pursuant to this section and shall immediately suspend or
40revoke the privilege to operate a motor vehicle of a person who,
P27   1with respect to an ignition interlock device installed pursuant to
2Section 23575.3, attempts to remove, bypass, or tamper with the
3device, has the device removed prior to the termination date of the
4restriction, or fails three or more times to comply with any
5requirement for the maintenance or calibration of the device. The
6privilege shall remain suspended or revoked for the remaining
7period of the originating suspension or revocation and until all
8reinstatement requirements in this section are satisfied.

9(f) The holder of a commercial driver’s license who was
10operating a commercial motor vehicle, as defined in Section 15210,
11at the time of a violation that resulted in a suspension or revocation
12of the person’s noncommercial driving privilege under paragraph
13(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
14eligible for the restricted driver’s license authorized under this
15section.

16(g) If, upon conviction, the court has made the determination,
17as authorized under subdivision (d) of Section 23536 or paragraph
18(3) of subdivision (a) of Section 23538, to disallow the issuance
19of a restricted driver’s license, the department may not issue a
20restricted driver’s license under this section.

21(h) This section shall become operative on July 1, 2017.

22

SEC. 5.  

Section 13353.3 of the Vehicle Code is amended to
23read:

24

13353.3.  

(a) An order of suspension of a person’s privilege to
25operate a motor vehicle pursuant to Section 13353.2 shall become
26effective 30 days after the person is served with the notice pursuant
27to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

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

30(1) If the person has not been convicted of a separate violation
31of Section 23103, as specified in Section 23103.5, or Section
3223140, 23152, or 23153, or Section 191.5 or subdivision (a) of
33Section 192.5 of the Penal Code, the person has not been
34administratively determined to have refused chemical testing
35pursuant to Section 13353 or 13353.1 of this code, or the person
36has not been administratively determined to have been driving
37with an excessive concentration of alcohol pursuant to Section
3813353.2 on a separate occasion, which offense or occurrence
39occurred within 10 years of the occasion in question, the person’s
P28   1privilege to operate a motor vehicle shall be suspended for four
2months.

3(2) (A) If the person has been convicted of one or more separate
4violations of Section 23103, as specified in Section 23103.5, or
5Section 23140, 23152, or 23153, or Section 191.5 or subdivision
6(a) of Section 192.5 of the Penal Code, the person has been
7administratively determined to have refused chemical testing
8pursuant to Section 13353 or 13353.1 of this code, or the person
9has been administratively determined to have been driving with
10an excessive concentration of alcohol pursuant to Section 13353.2
11on a separate occasion, which offense or occasion occurred within
1210 years of the occasion in question, the person’s privilege to
13operate a motor vehicle shall be suspended for one year, except
14as provided in subparagraphs (B) and (C).

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

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

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

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

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

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

P29   1(ii) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3clause (i).

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

7(iv) The person agrees to maintain the ignition interlock device
8as required pursuant to subdivision (g) of Section 23575.

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

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

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

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

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

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

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

P30   1(iii) The department shall terminate the restriction issued
2pursuant to this section and shall suspend the privilege to operate
3a motor vehicle pursuant to subparagraph (A) immediately upon
4receipt of notification from the driving-under-the-influence
5program that the person has failed to comply with the program
6requirements. The privilege shall remain suspended until the final
7day of the original suspension imposed pursuant to subparagraph
8(A).

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

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

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

34(d) For the purposes of this section, a conviction of an offense
35in any state, territory, or possession of the United States, the
36District of Columbia, the Commonwealth of Puerto Rico, or
37Canada that, if committed in this state, would be a violation of
38Section 23103, as specified in Section 23103.5, or Section 23140,
3923152, or 23153, or Section 191.5 or subdivision (a) of Section
P31   1192.5 of the Penal Code, is a conviction of that particular section
2of the Vehicle Code or Penal Code.

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

8(f) This section shall become inoperative on July 1, 2017, and,
9as of January 1, 2018, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2018, deletes or
11extends the dates on which it becomes inoperative and is repealed.

12

SEC. 6.  

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

13

13353.3.  

(a) An order of suspension of a person’s privilege to
14operate a motor vehicle pursuant to Section 13353.2 shall become
15effective 30 days after the person is served with the notice pursuant
16to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

17(b) The period of suspension of a person’s privilege to operate
18a motor vehicle under Section 13353.2 is as follows:

19(1) If the person has not been convicted of a separate violation
20of Section 23103, as specified in Section 23103.5, or Section
2123140, 23152, or 23153, or Section 191.5 or subdivision (a) of
22Section 192.5 of the Penal Code, the person has not been
23administratively determined to have refused chemical testing
24pursuant to Section 13353 or 13353.1 of this code, or the person
25has not been administratively determined to have been driving
26with an excessive concentration of alcohol pursuant to Section
2713353.2 on a separate occasion, which offense or occurrence
28occurred within 10 years of the occasion in question, the person’s
29privilege to operate a motor vehicle shall be suspended for four
30months.

31(2) (A) If the person has been convicted of one or more separate
32violations of Section 23103, as specified in Section 23103.5, or
33Section 23140, 23152, or 23153, or Section 191.5 or subdivision
34(a) of Section 192.5 of the Penal Code, the person has been
35administratively determined to have refused chemical testing
36pursuant to Section 13353 or 13353.1 of this code, or the person
37has been administratively determined to have been driving with
38an excessive concentration of alcohol pursuant to Section 13353.2
39on a separate occasion, which offense or occasion occurred within
4010 years of the occasion in question, the person’s privilege to
P32   1operate a motor vehicle shall be suspended for one year, except
2as provided in subparagraphs (B) and (C).

3(B) The one-year suspension pursuant to subparagraph (A) shall
4terminate if the person has been convicted of a violation arising
5out of the same occurrence and all of the following conditions are
6met:

7(i) The person is eligible for a restricted driver’s license pursuant
8to Section 13352.

9(ii) The person installs an ignition interlock device as required
10in Section 13352 for that restricted driver’s license.

11(iii) The person complies with all other applicable conditions
12of Section 13352 for a restricted driver’s license.

13(C) The one-year suspension pursuant to subparagraph (A) shall
14terminate after completion of a 90-day suspension period, and the
15person shall be eligible for a restricted license if the person has
16been convicted of a violation of Section 23103, as specified in
17Section 23103.5, arising out of the same occurrence, has no more
18than two prior alcohol-related convictions within 10 years, as
19specified pursuant to subparagraph (A), and all of the following
20conditions are met:

21(i) The person satisfactorily provides, subsequent to the
22underlying violation date, proof satisfactory to the department of
23enrollment in a nine-month driving-under-the-influence program
24licensed pursuant to Chapter 9 (commencing with Section 11836)
25of Part 2 of Division 10.5 of the Health and Safety Code that
26consists of at least 60 hours of program activities, including
27education, group counseling, and individual interview sessions.

28(ii) The person agrees, as a condition of the restriction, to
29continue satisfactory participation in the program described in
30clause (i).

31(iii) The person installs an ignition interlock device and submits
32the “Verification of Installation” form described in paragraph (2)
33of subdivision (g) of Section 13386.

34(iv) The person agrees to maintain the ignition interlock device
35as required under Section 23575.3.

36(v) The person provides proof of financial responsibility, as
37defined in Section 16430.

38(vi) The person pays all license fees and any restriction fee
39required by the department.

P33   1(vii) The person pays to the department a fee sufficient to cover
2the costs of administration of this paragraph, as determined by the
3department.

4(D) The department shall advise those persons that are eligible
5under subparagraph (C) that after completion of 90 days of the
6suspension period, the person may apply to the department for a
7restricted driver’s license, subject to the conditions set forth in
8subparagraph (C).

9(E) The restricted driving privilege shall become effective when
10the department receives all of the documents and fees required
11under subparagraph (C) and remain in effect for at least the
12remaining period of the original suspension and until the person
13provides satisfactory proof to the department of successful
14completion of a driving-under-the-influence program licensed
15pursuant to Section 11836 of the Health and Safety Code. The
16restricted driving privilege shall be subject to the following
17conditions:

18(i) If the driving privilege is restricted under this section, proof
19of financial responsibility, as described in Section 16430, shall be
20maintained for three years. If the person does not maintain that
21proof of financial responsibility at any time during the restriction,
22the driving privilege shall be suspended until the proof required
23pursuant to Section 16484 is received by the department.

24(ii) For the purposes of this section, enrollment, participation,
25and completion of an approved program shall occur subsequent
26to the date of the current violation. Credit may not be given to a
27program activity completed prior to the date of the current
28violation.

29(iii) The department shall terminate the restriction issued
30pursuant to this section and shall suspend the privilege to operate
31a motor vehicle pursuant to subparagraph (A) immediately upon
32receipt of notification from the driving-under-the-influence
33program that the person has failed to comply with the program
34requirements. The privilege shall remain suspended until the final
35day of the original suspension imposed pursuant to subparagraph
36(A).

37(iv) The department shall terminate the restriction issued
38pursuant to this section and shall immediately suspend the privilege
39to operate a motor vehicle pursuant to subparagraph (A)
40immediately upon receipt of notification from the installer that a
P34   1person has attempted to remove, bypass, or tamper with the ignition
2interlock device, has removed the device prior to the termination
3date of the restriction, or fails three or more times to comply with
4any requirement for the maintenance or calibration of the ignition
5interlock device ordered pursuant to this section. The privilege
6shall remain suspended for the remaining period of the original
7 suspension imposed pursuant to subparagraph (A).

8(3) Notwithstanding any other law, if a person has been
9administratively determined to have been driving in violation of
10Section 23136 or to have refused chemical testing pursuant to
11Section 13353.1, the period of suspension shall not be for less than
12one year.

13(c) If a person’s privilege to operate a motor vehicle is
14suspended pursuant to Section 13353.2 and the person is convicted
15of a violation of Section 23152 or 23153, including, but not limited
16to, a violation described in Section 23620, arising out of the same
17occurrence, both the suspension under Section 13353.2 and the
18suspension or revocation under Section 13352 shall be imposed,
19except that the periods of suspension or revocation shall run
20concurrently, and the total period of suspension or revocation shall
21not exceed the longer of the two suspension or revocation periods.

22(d) For the purposes of this section, a conviction of an offense
23in any state, territory, or possession of the United States, the
24District of Columbia, the Commonwealth of Puerto Rico, or
25Canada that, if committed in this state, would be a violation of
26Section 23103, as specified in Section 23103.5, or Section 23140,
2723152, or 23153, or Section 191.5 or subdivision (a) of Section
28192.5 of the Penal Code, is a conviction of that particular section
29of the Vehicle Code or Penal Code.

30(e) The holder of a commercial driver’s license who was
31operating a commercial motor vehicle, as defined in Section 15210,
32at the time of a violation that resulted in a suspension or revocation
33 of the person’s noncommercial driving privilege is not eligible for
34the restricted driver’s license authorized pursuant to this section.

35(f) This section shall become operative on July 1, 2017.

36

SEC. 7.  

Section 13353.4 of the Vehicle Code is amended to
37read:

38

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
39or 13353.8, the driving privilege shall not be restored, and a
40restricted or hardship permit to operate a motor vehicle shall not
P35   1be issued, to a person during the suspension or revocation period
2specified in Section 13353, 13353.1, or 13353.3.

3(b) The privilege to operate a motor vehicle shall not be restored
4after a suspension or revocation pursuant to Section 13352, 13353,
513353.1, or 13353.2 until all applicable fees, including the fees
6prescribed in Section 14905, have been paid and the person gives
7proof of financial responsibility, as defined in Section 16430, to
8the department.

9(c) This section shall become inoperative on July 1, 2017, and,
10as of January 1, 2018, is repealed, unless a later enacted statute,
11that becomes operative on or before January 1, 2018, deletes or
12extends the dates on which it becomes inoperative and is repealed.

13

SEC. 8.  

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

14

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
1513353.7, or 13353.8, the driving privilege shall not be restored,
16and a restricted or hardship permit to operate a motor vehicle shall
17not be issued, to a person during the suspension or revocation
18period specified in Section 13353, 13353.1, or 13353.3.

19(b) The privilege to operate a motor vehicle shall not be restored
20after a suspension or revocation pursuant to Section 13352, 13353,
2113353.1, or 13353.2 until all applicable fees, including the fees
22prescribed in Section 14905, have been paid and the person gives
23proof of financial responsibility, as defined in Section 16430, to
24the department.

25(c) This section shall become operative on July 1, 2017.

26

SEC. 9.  

Section 13353.5 of the Vehicle Code is amended to
27read:

28

13353.5.  

(a) If a person whose driving privilege is suspended
29or revoked under Section 13352, former Section 13352.4, Section
3013352.4, Section 13352.6, paragraph (1) of subdivision (g) of
31Section 23247, or paragraph (2) of subdivision (f) of Section 23575
32is a resident of another state at the time the mandatory period of
33suspension or revocation expires, the department may terminate
34the suspension or revocation, upon written application of the
35person, for the purpose of allowing the person to apply for a license
36in his or her state of residence. The application shall include, but
37need not be limited to, evidence satisfactory to the department that
38the applicant now resides in another state.

39(b) If the person submits an application for a California driver’s
40license within three years after the date of the action to terminate
P36   1suspension or revocation pursuant to subdivision (a), a license
2shall not be issued until evidence satisfactory to the department
3establishes that the person is qualified for reinstatement and no
4grounds exist including, but not limited to, one or more subsequent
5convictions for driving under the influence of alcohol or other
6drugs that would support a refusal to issue a license. The
7department may waive the three-year requirement if the person
8provides the department with proof of financial responsibility, as
9defined in Section 16430, and proof satisfactory to the department
10of successful completion of a driving-under-the-influence program
11described in Section 13352, and the driving-under-the-influence
12program is of the length required under paragraphs (1) to (7),
13inclusive, of subdivision (a) of Section 13352.

14(c) For the purposes of this section, “state” includes a foreign
15province or country.

16(d) This section shall become inoperative on July 1, 2017, and,
17as of January 1, 2018, is repealed, unless a later enacted statute,
18that becomes operative on or before January 1, 2018, deletes or
19extends the dates on which it becomes inoperative and is repealed.

20

SEC. 10.  

Section 13353.5 is added to the Vehicle Code, to
21read:

22

13353.5.  

(a) If a person whose driving privilege is suspended
23or revoked under Section 13352, former Section 13352.4, Section
2413352.4, Section 13352.6, paragraph (1) of subdivision (g) of
25Section 23247, or paragraph (3) of subdivision (e) of Section 13352
26is a resident of another state at the time the mandatory period of
27suspension or revocation expires, the department may terminate
28the suspension or revocation, upon written application of the
29person, for the purpose of allowing the person to apply for a license
30in his or her state of residence. The application shall include, but
31need not be limited to, evidence satisfactory to the department that
32the applicant now resides in another state.

33(b) If the person submits an application for a California driver’s
34license within three years after the date of the action to terminate
35suspension or revocation pursuant to subdivision (a), a license
36shall not be issued until evidence satisfactory to the department
37establishes that the person is qualified for reinstatement and no
38grounds exist including, but not limited to, one or more subsequent
39convictions for driving under the influence of alcohol or other
40drugs that would support a refusal to issue a license. The
P37   1department may waive the three-year requirement if the person
2provides the department with proof of financial responsibility, as
3defined in Section 16430, and proof satisfactory to the department
4of successful completion of a driving-under-the-influence program
5described in Section 13352, and the driving-under-the-influence
6program is of the length required under paragraphs (1) to (7),
7inclusive, of subdivision (a) of Section 13352.

8(c) For the purposes of this section, “state” includes a foreign
9province or country.

10(d) This section shall become operative on July 1, 2017.

11

SEC. 11.  

Section 13353.6 is added to the Vehicle Code, to
12read:

13

13353.6.  

(a) Notwithstanding any other law, a person whose
14driving privilege has been suspended under Section 13353.2 and
15who is eligible for a restricted driver’s license as provided for in
16Section 13353.3 or 13353.7 may be eligible for a restricted driver’s
17license without serving any period of the suspension if the person
18meets all of the eligibility requirements specified in those sections
19and the person does both of the following:

20(1)  The person installs an ignition interlock device on any
21vehicle that he or she own or operates and submits the “Verification
22of Installation” form described in paragraph (2) of subdivision (g)
23of Section 13386.

24(2) The person agrees to maintain the ignition interlock device
25as required under Section 23575.3.

26(b) A person whose driving privilege has been suspended under
27Section 13353.2 may install an ignition interlock device prior to
28the effective date specified in Section 13353.3. A person who
29installs an ignition interlock device pursuant to this subdivision,
30meets all of the eligibility requirements specified in Section
3113353.3 or 13353.7, and complies with paragraphs (1) and (2) of
32subdivision (a) is eligible for a restricted driver’s license on the
33effective date specified in Section 13353.3.

34(c) The department shall terminate the restriction issued pursuant
35to Section 13353.3 or 13353.7 and shall immediately reinstate the
36suspension of the privilege to operate a motor vehicle upon receipt
37of notification from the ignition interlock device installer that a
38person has attempted to remove, bypass, or tamper with the ignition
39interlock device, has removed the device prior to the termination
40date of the restriction, or fails three or more times to comply with
P38   1any requirement for the maintenance or calibration of the ignition
2interlock device. The privilege shall remain suspended for the
3remaining mandatory suspension period imposed pursuant to
4Section 13353.3.

5(d) Notwithstanding any other law, for a person whose driving
6privilege has been suspended under Section 13353.2, who is
7eligible for a restricted driver’s license as provided for in Section
813353.7, and who installs an ignition interlock device pursuant to
9this section, a court shall reduce the fine amount by up to five
10hundred dollars ($500) for a conviction of a violation arising out
11of the same occurrence that led to the person’s driving privilege
12being suspended.

13(e) This section shall become operative on July 1, 2017.

14

SEC. 12.  

Section 13386 of the Vehicle Code is amended to
15read:

16

13386.  

(a) (1) The department shall certify or cause to be
17certified ignition interlock devices required by Article 5
18(commencing with Section 23575) of Chapter 2 of Division 11.5
19and publish a list of approved devices.

20(2) (A) The department shall ensure that ignition interlock
21devices that have been certified according to the requirements of
22this section continue to meet certification requirements. The
23department may periodically require manufacturers to indicate in
24writing whether the devices continue to meet certification
25requirements.

26(B) The department may use denial of certification, suspension
27or revocation of certification, or decertification of an ignition
28interlock device in another state as an indication that the
29certification requirements are not met, if either of the following
30apply:

31(i) The denial of certification, suspension or revocation of
32certification, or decertification in another state constitutes a
33violation by the manufacturer of Article 2.55 (commencing with
34Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
35California Code of Regulations.

36(ii) The denial of certification for an ignition interlock device
37in another state was due to a failure of an ignition interlock device
38to meet the standards adopted by the regulation set forth in clause
39(i), specifically Sections 1 and 2 of the model specification for
40breath alcohol ignition interlock devices, as published by notice
P39   1in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
2on pages 11774 to 11787, inclusive.

3(C) Failure to continue to meet certification requirements shall
4result in suspension or revocation of certification of ignition
5interlock devices.

6(b) (1) A manufacturer shall not furnish an installer, service
7center, technician, or consumer with technology or information
8that allows a device to be used in a manner that is contrary to the
9purpose for which it is certified.

10(2) Upon a violation of paragraph (1), the department shall
11suspend or revoke the certification of the ignition interlock device
12that is the subject of that violation.

13(c) An installer, service center, or technician shall not tamper
14with, change, or alter the functionality of the device from its
15certified criteria.

16(d) The department shall utilize information from an
17independent, accredited (ISO/IEC 17025) laboratory to certify
18ignition interlock devices of the manufacturer or manufacturer’s
19agent, in accordance with the guidelines. The cost of certification
20shall be borne by the manufacturers of ignition interlock devices.
21If the certification of a device is suspended or revoked, the
22manufacturer of the device shall be responsible for, and shall bear
23the cost of, the removal of the device and the replacement of a
24certified device of the manufacturer or another manufacturer.

25(e) No model of ignition interlock device shall be certified unless
26it meets the accuracy requirements and specifications provided in
27the guidelines adopted by the National Highway Traffic Safety
28Administration.

29(f) All manufacturers of ignition interlock devices that meet the
30requirements of subdivision (e) and are certified in a manner
31approved by the department, who intend to market the devices in
32this state, first shall apply to the department on forms provided by
33that department. The application shall be accompanied by a fee in
34an amount not to exceed the amount necessary to cover the costs
35incurred by the department in carrying out this section.

36(g) The department shall ensure that standard forms and
37procedures are developed for documenting decisions and
38 compliance and communicating results to relevant agencies. These
39forms shall include all of the following:

P40   1(1) An “Option to Install,” to be sent by the department to repeat
2offenders along with the mandatory order of suspension or
3revocation. This shall include the alternatives available for early
4license reinstatement with the installation of an ignition interlock
5device and shall be accompanied by a toll-free telephone number
6for each manufacturer of a certified ignition interlock device.
7Information regarding approved installation locations shall be
8provided to drivers by manufacturers with ignition interlock devices
9that have been certified in accordance with this section.

10(2) A “Verification of Installation” to be returned to the
11department by the reinstating offender upon application for
12reinstatement. Copies shall be provided for the manufacturer or
13the manufacturer’s agent.

14(3) A “Notice of Noncompliance” and procedures to ensure
15continued use of the ignition interlock device during the restriction
16period and to ensure compliance with maintenance requirements.
17The maintenance period shall be standardized at 60 days to
18maximize monitoring checks for equipment tampering.

19(h) Every manufacturer and manufacturer’s agent certified by
20the department to provide ignition interlock devices shall adopt
21fee schedules that provide for the payment of the costs of the device
22by applicants in amounts commensurate with the applicant’s ability
23to pay.

24(i) A person who manufacturers, installs, services, or repairs,
25or otherwise deals in ignition interlock devices shall not disclose,
26sell, or transfer to a third party any individually identifiable
27information pertaining to individuals who are required by law to
28install an ignition interlock device on a vehicle that he or she owns
29or operates, except to the extent necessary to confirm or deny that
30an individual has complied with ignition interlock device
31installation and maintenance requirements.

32

SEC. 13.  

Section 23103.5 of the Vehicle Code is amended to
33read:

34

23103.5.  

(a)  If the prosecution agrees to a plea of guilty or
35nolo contendere to a charge of a violation of Section 23103 in
36satisfaction of, or as a substitute for, an original charge of a
37violation of Section 23152, the prosecution shall state for the record
38a factual basis for the satisfaction or substitution, including whether
39or not there had been consumption of an alcoholic beverage or
40ingestion or administration of a drug, or both, by the defendant in
P41   1connection with the offense. The statement shall set forth the facts
2that show whether or not there was a consumption of an alcoholic
3beverage or the ingestion or administration of a drug by the
4defendant in connection with the offense.

5(b) The court shall advise the defendant, prior to the acceptance
6of the plea offered pursuant to a factual statement pursuant to
7subdivision (a), of the consequences of a conviction of a violation
8of Section 23103 as set forth in subdivision (c).

9(c) If the court accepts the defendant’s plea of guilty or nolo
10contendere to a charge of a violation of Section 23103 and the
11prosecutor’s statement under subdivision (a) states that there was
12consumption of an alcoholic beverage or the ingestion or
13administration of a drug by the defendant in connection with the
14offense, the resulting conviction shall be a prior offense for the
15purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
16as specified in those sections.

17(d) The court shall notify the Department of Motor Vehicles of
18each conviction of Section 23103 that is required under this section
19to be a prior offense for purposes of Section 23540, 23546, 23550,
2023560, 23566, or 23622.

21(e) Except as provided in paragraph (1) of subdivision (f), if the
22court places the defendant on probation for a conviction of Section
2323103 that is required under this section to be a prior offense for
24purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
25the court shall order the defendant to enroll in an alcohol and drug
26education program licensed under Chapter 9 (commencing with
27Section 11836) of Part 2 of Division 10.5 of the Health and Safety
28Code and complete, at a minimum, the educational component of
29that program, as a condition of probation. If compelling
30circumstances exist that mitigate against including the education
31component in the order, the court may make an affirmative finding
32to that effect. The court shall state the compelling circumstances
33and the affirmative finding on the record, and may, in these cases,
34exclude the educational component from the order.

35(f) (1) If the court places on probation a defendant convicted
36of a violation of Section 23103 that is required under this section
37to be a prior offense for purposes of Section 23540, 23546, 23550,
3823560, 23566, or 23622, and that offense occurred within 10 years
39of a separate conviction of a violation of Section 23103, as
40specified in this section, or within 10 years of a conviction of a
P42   1violation of Section 23152 or 23153, the court shall order the
2defendant to participate for nine months or longer, as ordered by
3the court, in a program licensed under Chapter 9 (commencing
4with Section 11836) of Part 2 of Division 10.5 of the Health and
5Safety Code that consists of at least 60 hours of program activities,
6including education, group counseling, and individual interview
7sessions.

8(2) The court shall revoke the person’s probation, except for
9good cause shown, for the failure to enroll in, participate in, or
10complete a program specified in paragraph (1).

11(g) Beginning July 1, 2017, the court may require a person
12convicted of a violation of Section 23103, as described in this
13section, to install a certified ignition interlock device on any vehicle
14that the person owns or operates and prohibit that person from
15operating a motor vehicle unless that vehicle is equipped with a
16functioning, certified ignition interlock device. If the court orders
17the ignition interlock device restriction, the term shall be
18determined by the court for a period of at least three months, but
19no longer than the term specified in Section 23575.3 that would
20have applied to the defendant had he or she instead been convicted
21of a violation of Section 23152, from the date of conviction. The
22court shall notify the Department of Motor Vehicles, as specified
23in subdivision (a) of Section 1803, of the terms of the restrictions
24in accordance with subdivision (a) of Section 1804. The
25Department of Motor Vehicles shall place the restriction in the
26person’s records in the Department of Motor Vehicles. A person
27who is required to install an ignition interlock device pursuant to
28this subdivision shall submit the “Verification of Installation” form
29described in paragraph (2) of subdivision (g) of Section 13386 and
30maintain the ignition interlock device as required under subdivision
31(f) of Section 23575.3. The department shall monitor the
32installation and maintenance of the ignition interlock device
33installed pursuant to this subdivision.

34(h) The Department of Motor Vehicles shall include in its annual
35report to the Legislature under Section 1821 an evaluation of the
36effectiveness of the programs described in subdivisions (e) and
37(g) as to treating persons convicted of violating Section 23103.

38

SEC. 14.  

Section 23247 of the Vehicle Code is amended to
39read:

P43   1

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
2or lend a motor vehicle to another person known to have had his
3or her driving privilege restricted as provided in Section 13352,
423575, or 23700, unless the vehicle is equipped with a functioning,
5certified ignition interlock device. A person, whose driving
6privilege is restricted pursuant to Section 13352, 23575, or 23700
7shall notify any other person who rents, leases, or loans a motor
8vehicle to him or her of the driving restriction imposed under that
9section.

10(b) It is unlawful for any person whose driving privilege is
11restricted pursuant to Section 13352, 23575, or 23700 to request
12or solicit any other person to blow into an ignition interlock device
13or to start a motor vehicle equipped with the device for the purpose
14of providing the person so restricted with an operable motor
15vehicle.

16(c) It is unlawful to blow into an ignition interlock device or to
17start a motor vehicle equipped with the device for the purpose of
18providing an operable motor vehicle to a person whose driving
19privilege is restricted pursuant to Section 13352, 23575, or 23700.

20(d) It is unlawful to remove, bypass, or tamper with, an ignition
21interlock device.

22(e) It is unlawful for any person whose driving privilege is
23restricted pursuant to Section 13352, 23575, or 23700 to operate
24any vehicle not equipped with a functioning ignition interlock
25device.

26(f) Any person convicted of a violation of this section shall be
27punished by imprisonment in a county jail for not more than six
28months or by a fine of not more than five thousand dollars ($5,000),
29or by both that fine and imprisonment.

30(g) (1) If any person whose driving privilege is restricted
31pursuant to Section 13352 is convicted of a violation of subdivision
32(e), the court shall notify the Department of Motor Vehicles, which
33shall immediately terminate the restriction and shall suspend or
34revoke the person’s driving privilege for the remaining period of
35the originating suspension or revocation and until all reinstatement
36requirements in Section 13352 are met.

37(2) If any person who is restricted pursuant to subdivision (a)
38or (l) of Section 23575 or Section 23700 is convicted of a violation
39of subdivision (e), the department shall suspend the person’s
40driving privilege for one year from the date of the conviction.

P44   1(h) Notwithstanding any other law, if a vehicle in which an
2ignition interlock device has been installed is impounded, the
3manufacturer or installer of the device shall have the right to
4remove the device from the vehicle during normal business hours.
5No charge shall be imposed for the removal of the device nor shall
6the manufacturer or installer be liable for any removal, towing,
7impoundment, storage, release, or administrative costs or penalties
8associated with the impoundment. Upon request, the person seeking
9to remove the device shall present documentation to justify removal
10of the device from the vehicle. Any damage to the vehicle resulting
11from the removal of the device is the responsibility of the person
12removing it.

13(i) This section shall become inoperative on July 1, 2017, and,
14as of January 1, 2018, is repealed, unless a later enacted statute,
15that becomes operative on or before January 1, 2018, deletes or
16extends the dates on which it becomes inoperative and is repealed.

17

SEC. 15.  

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

18

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
19or lend a motor vehicle to another person known to have had his
20or her driving privilege restricted as provided in Section 13352,
2113352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
22with a functioning, certified ignition interlock device. A person,
23whose driving privilege is restricted pursuant to Section 13352,
2413352.4, 23575, 23575.3, or 23700 shall notify any other person
25who rents, leases, or loans a motor vehicle to him or her of the
26driving restriction imposed under that section.

27(b) It is unlawful for any person whose driving privilege is
28restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
2923700 to request or solicit any other person to blow into an ignition
30interlock device or to start a motor vehicle equipped with the device
31for the purpose of providing the person so restricted with an
32operable motor vehicle.

33(c) It is unlawful to blow into an ignition interlock device or to
34start a motor vehicle equipped with the device for the purpose of
35providing an operable motor vehicle to a person whose driving
36privilege is restricted pursuant to Section 13352, 13352.4, 23575,
3723575.3, or 23700.

38(d) It is unlawful to remove, bypass, or tamper with, an ignition
39interlock device.

P45   1(e) It is unlawful for any person whose driving privilege is
2restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
323700 to operate any vehicle not equipped with a functioning
4ignition interlock device.

5(f) Any person convicted of a violation of this section shall be
6punished by imprisonment in a county jail for not more than six
7months or by a fine of not more than five thousand dollars ($5,000),
8or by both that fine and imprisonment.

9(g) (1) If any person whose driving privilege is restricted
10pursuant to Section 13352 or 13352.4 is convicted of a violation
11of subdivision (e), the court shall notify the Department of Motor
12Vehicles, which shall immediately terminate the restriction and
13shall suspend or revoke the person’s driving privilege for the
14remaining period of the originating suspension or revocation and
15until all reinstatement requirements in Section 13352 are met.

16(2) If any person who is restricted pursuant to Section 23575.3,
17subdivision (a) or (i) of Section 23575, or Section 23700 is
18convicted of a violation of subdivision (e), the department shall
19suspend the person’s driving privilege for one year from the date
20of the conviction.

21(h) Notwithstanding any other law, if a vehicle in which an
22ignition interlock device has been installed is impounded, the
23manufacturer or installer of the device shall have the right to
24remove the device from the vehicle during normal business hours.
25No charge shall be imposed for the removal of the device nor shall
26the manufacturer or installer be liable for any removal, towing,
27impoundment, storage, release, or administrative costs or penalties
28associated with the impoundment. Upon request, the person seeking
29to remove the device shall present documentation to justify removal
30of the device from the vehicle. Any damage to the vehicle resulting
31from the removal of the device is the responsibility of the person
32removing it.

33(i) This section shall become operative on July 1, 2017.

34

SEC. 16.  

Section 23573 of the Vehicle Code is amended to
35read:

36

23573.  

(a) The Department of Motor Vehicles, upon receipt
37of the court’s abstract of conviction for a violation listed in
38subdivision (j), shall inform the convicted person of the
39requirements of this section and the term for which the person is
40required to have a certified ignition interlock device installed. The
P46   1records of the department shall reflect the mandatory use of the
2device for the term required and the time when the device is
3required to be installed pursuant to this code.

4(b) The department shall advise the person that installation of
5an ignition interlock device on a vehicle does not allow the person
6to drive without a valid driver’s license.

7(c) A person who is notified by the department pursuant to
8subdivision (a) shall, within 30 days of notification, complete all
9of the following:

10(1) Arrange for each vehicle owned or operated by the person
11to be fitted with an ignition interlock device by a certified ignition
12interlock device provider under Section 13386.

13(2) Notify the department and provide to the department proof
14of installation by submitting the “Verification of Installation” form
15described in paragraph (2) of subdivision (g) of Section 13386.

16(3) Pay to the department a fee sufficient to cover the costs of
17administration of this section, including startup costs, as determined
18by the department.

19(d) The department shall place a restriction on the driver’s
20license record of the convicted person that states the driver is
21restricted to driving only vehicles equipped with a certified ignition
22interlock device.

23(e) (1) A person who is notified by the department pursuant to
24subdivision (a) shall arrange for each vehicle with an ignition
25interlock device to be serviced by the installer at least once every
2660 days in order for the installer to recalibrate and monitor the
27operation of the device.

28(2) The installer shall notify the department if the device is
29removed or indicates that the person has attempted to remove,
30bypass, or tamper with the device, or if the person fails three or
31more times to comply with any requirement for the maintenance
32or calibration of the ignition interlock device.

33(f) The department shall monitor the installation and
34maintenance of the ignition interlock device installed pursuant to
35subdivision (a).

36(g) (1) A person who is notified by the department, pursuant
37to subdivision (a), is exempt from the requirements of subdivision
38(c) if all of the following circumstances occur:

39(A) Within 30 days of the notification, the person certifies to
40the department all of the following:

P47   1(i) The person does not own a vehicle.

2(ii) The person does not have access to a vehicle at his or her
3residence.

4(iii) The person no longer has access to the vehicle being driven
5by the person when he or she was arrested for a violation that
6subsequently resulted in a conviction for a violation listed in
7subdivision (j).

8(iv) The person acknowledges that he or she is only allowed to
9drive a vehicle that is fitted with an operating ignition interlock
10device and that he or she is required to have a valid driver’s license
11before he or she can drive.

12(v) The person is subject to the requirements of this section
13when he or she purchases or has access to a vehicle.

14(B) The person’s driver’s license record has been restricted
15pursuant to subdivision (d).

16(C) The person complies with this section immediately upon
17commencing ownership or operation of a vehicle subject to the
18required installation of an ignition interlock device.

19(2) A person who has been granted an exemption pursuant to
20this subdivision and who subsequently drives a vehicle in violation
21of the exemption is subject to the penalties of subdivision (i) in
22addition to any other applicable penalties in law.

23(h) This section does not permit a person to drive without a
24valid driver’s license.

25(i) A person who is required under subdivision (c) to install an
26ignition interlock device who willfully fails to install the ignition
27interlock device within the time period required under subdivision
28(c) is guilty of a misdemeanor and shall be punished by
29imprisonment in a county jail for not more than six months or by
30a fine of not more than five thousand dollars ($5,000), or by both
31that fine and imprisonment.

32(j) In addition to all other requirements of this code, a person
33convicted of any of the following violations shall be punished as
34follows:

35(1) Upon a conviction of a violation of Section 14601.2,
3614601.4, or 14601.5 subsequent to one prior conviction of a
37violation of Section 23103.5, 23152, or 23153, within a 10-year
38period, the person shall immediately install a certified ignition
39interlock device, pursuant to this section, in all vehicles owned or
40operated by that person for a term of one year.

P48   1(2) Upon a conviction of a violation of Section 14601.2,
214601.4, or 14601.5 subsequent to two prior convictions of a
3violation of Section 23103.5, 23152, or 23153, within a 10-year
4period, or one prior conviction of Section 14601.2, 14601.4, or
514601.5, within a 10-year period, the person shall immediately
6install a certified ignition interlock device, pursuant to this section,
7in all vehicles owned or operated by that person for a term of two
8years.

9(3) Upon a conviction of a violation of Section 14601.2,
1014601.4, or 14601.5 subsequent to three or more prior convictions
11of a violation of Section 23103.5, 23152, or 23153, within a
1210-year period, or two or more prior convictions of Section
1314601.2, 14601.4, or 14601.5, within a 10-year period, the person
14shall immediately install a certified ignition interlock device,
15pursuant to this section, in all vehicles owned or operated by that
16person for a term of three years.

17(k) The department shall notify the court if a person subject to
18this section has failed to show proof of installation within 30 days
19of the department informing the person he or she is required to
20install a certified ignition interlock device.

21(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
22to this section.

23(m) The requirements of this section are in addition to any other
24requirements of law.

25(n) This section shall become inoperative on July 1, 2017, and,
26as of January 1, 2018, is repealed, unless a later enacted statute,
27that becomes operative on or before January 1, 2018, deletes or
28extends the dates on which it becomes inoperative and is repealed.

29

SEC. 17.  

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

30

23573.  

(a) The Department of Motor Vehicles, upon receipt
31of the court’s abstract of conviction for a violation listed in
32subdivision (j), shall inform the convicted person of the
33requirements of this section and the term for which the person is
34required to have a certified ignition interlock device installed. The
35records of the department shall reflect the mandatory use of the
36device for the term required and the time when the device is
37required to be installed pursuant to this code.

38(b) The department shall advise the person that installation of
39an ignition interlock device on a vehicle does not allow the person
40to drive without a valid driver’s license.

P49   1(c) A person who is notified by the department pursuant to
2subdivision (a) shall, within 30 days of notification, complete all
3of the following:

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

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

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

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

17(e) (1) A person who is notified by the department pursuant to
18subdivision (a) shall arrange for each vehicle with an ignition
19interlock device to be serviced by the installer at least once every
2045 days in order for the installer to recalibrate and monitor the
21operation of the device.

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

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

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

33(A) Within 45 days of the notification, the person certifies to
34the department all of the following:

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

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

38(iii) The person no longer has access to the vehicle being driven
39by the person when he or she was arrested for a violation that
P50   1subsequently resulted in a conviction for a violation listed in
2subdivision (j).

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

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

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

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

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

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

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

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

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

36(2) Upon a conviction of a violation of Section 14601.2,
3714601.4, or 14601.5 subsequent to two prior convictions of a
38violation of Section 23103.5, 23152, or 23153, within a 10-year
39period, or one prior conviction of Section 14601.2, 14601.4, or
4014601.5, within a 10-year period, the person shall immediately
P51   1install a certified ignition interlock device, pursuant to this section,
2in all vehicles owned or operated by that person for a term of two
3years.

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

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

16(l) Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply
17to this section.

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

20(n) This section shall become operative on July 1, 2017.

21

SEC. 18.  

Section 23575 of the Vehicle Code is amended to
22read:

23

23575.  

(a) (1) In addition to any other law, the court may
24require that a person convicted of a first offense violation of
25Section 23152 or 23153 install a certified ignition interlock device
26on any vehicle that the person owns or operates and prohibit that
27person from operating a motor vehicle unless that vehicle is
28equipped with a functioning, certified ignition interlock device.
29The court shall give heightened consideration to applying this
30sanction to a first offense violator with 0.15 percent or more, by
31weight, of alcohol in his or her blood at arrest, or with two or more
32prior moving traffic violations, or to persons who refused the
33chemical tests at arrest. If the court orders the ignition interlock
34device restriction, the term shall be determined by the court for a
35period not to exceed three years from the date of conviction. The
36court shall notify the Department of Motor Vehicles, as specified
37in subdivision (a) of Section 1803, of the terms of the restrictions
38in accordance with subdivision (a) of Section 1804. The
39Department of Motor Vehicles shall place the restriction in the
40person’s records in the Department of Motor Vehicles.

P52   1(2) The court shall require a person convicted of a violation of
2Section 14601.2 to install an ignition interlock device on any
3vehicle that the person owns or operates and prohibit the person
4from operating a motor vehicle unless the vehicle is equipped with
5a functioning, certified ignition interlock device. The term of the
6restriction shall be determined by the court for a period not to
7exceed three years from the date of conviction. The court shall
8notify the Department of Motor Vehicles, as specified in
9subdivision (a) of Section 1803, of the terms of the restrictions in
10accordance with subdivision (a) of Section 1804. The Department
11of Motor Vehicles shall place the restriction in the person’s records
12in the Department of Motor Vehicles.

13(b) The court shall include on the abstract of conviction or
14violation submitted to the Department of Motor Vehicles under
15Section 1803 or 1816 the requirement and term for the use of a
16certified ignition interlock device. The records of the department
17shall reflect mandatory use of the device for the term ordered by
18the court.

19(c) The court shall advise the person that installation of an
20ignition interlock device on a vehicle does not allow the person to
21drive without a valid driver’s license.

22(d) A person whose driving privilege is restricted by the court
23pursuant to this section shall arrange for each vehicle with an
24ignition interlock device to be serviced by the installer at least
25once every 60 days in order for the installer to recalibrate and
26monitor the operation of the device. The installer shall notify the
27court if the device is removed or indicates that the person has
28attempted to remove, bypass, or tamper with the device, or if the
29person fails three or more times to comply with a requirement for
30the maintenance or calibration of the ignition interlock device.
31There is no obligation for the installer to notify the court if the
32person has complied with all of the requirements of this article.

33(e) The court shall monitor the installation and maintenance of
34an ignition interlock device restriction ordered pursuant to
35subdivision (a) or (l). If a person fails to comply with the court
36order, the court shall give notice of the fact to the department
37pursuant to Section 40509.1.

38(f) (1) If a person is convicted of a violation of Section 23152
39or 23153 and the offense occurred within 10 years of one or more
40separate violations of Section 23152 or 23153 that resulted in a
P53   1conviction, or if a person is convicted of a violation of Section
223103, as specified in Section 23103.5, and is suspended for one
3year under Section 13353.3, the person may apply to the
4Department of Motor Vehicles for a restricted driver’s license
5pursuant to Section 13352 or 13353.3 that prohibits the person
6from operating a motor vehicle unless that vehicle is equipped
7with a functioning ignition interlock device, certified pursuant to
8Section 13386. The restriction shall remain in effect for at least
9the remaining period of the original suspension or revocation and
10until all reinstatement requirements in Section 13352 or 13353.4
11are met.

12(2) Pursuant to subdivision (g), the Department of Motor
13Vehicles shall immediately terminate the restriction issued pursuant
14to Section 13352 or 13353.3 and shall immediately suspend or
15revoke the privilege to operate a motor vehicle of a person who
16attempts to remove, bypass, or tamper with the device, who has
17the device removed prior to the termination date of the restriction,
18or who fails three or more times to comply with any requirement
19for the maintenance or calibration of the ignition interlock device
20ordered pursuant to Section 13352 or 13353.3. The privilege shall
21remain suspended or revoked for the remaining period of the
22originating suspension or revocation and until all reinstatement
23requirements in Section 13352 or 13353.4 are met.

24(g) A person whose driving privilege is restricted by the
25Department of Motor Vehicles pursuant to Section 13352 or
2613353.3 shall arrange for each vehicle with an ignition interlock
27device to be serviced by the installer at least once every 60 days
28in order for the installer to recalibrate the device and monitor the
29operation of the device. The installer shall notify the Department
30of Motor Vehicles if the device is removed or indicates that the
31person has attempted to remove, bypass, or tamper with the device,
32or if the person fails three or more times to comply with any
33requirement for the maintenance or calibration of the ignition
34interlock device. There is no obligation on the part of the installer
35to notify the department or the court if the person has complied
36with all of the requirements of this section.

37(h) Nothing in this section permits a person to drive without a
38valid driver’s license.

39(i) The Department of Motor Vehicles shall include information
40along with the order of suspension or revocation for repeat
P54   1offenders informing them that after a specified period of suspension
2or revocation has been completed, the person may either install an
3ignition interlock device on any vehicle that the person owns or
4operates or remain with a suspended or revoked driver’s license.

5(j) Pursuant to this section, an out-of-state resident who
6otherwise would qualify for an ignition interlock device restricted
7license in California shall be prohibited from operating a motor
8vehicle in California unless that vehicle is equipped with a
9functioning ignition interlock device. An ignition interlock device
10is not required to be installed on any vehicle owned by the
11defendant that is not driven in California.

12(k) If a medical problem does not permit a person to breathe
13with sufficient strength to activate the device, that person shall
14only have the suspension option.

15(l) This section does not restrict a court from requiring
16installation of an ignition interlock device and prohibiting operation
17of a motor vehicle unless that vehicle is equipped with a
18functioning, certified ignition interlock device for a person to
19whom subdivision (a) or (b) does not apply. The term of the
20restriction shall be determined by the court for a period not to
21exceed three years from the date of conviction. The court shall
22notify the Department of Motor Vehicles, as specified in
23subdivision (a) of Section 1803, of the terms of the restrictions in
24accordance with subdivision (a) of Section 1804. The Department
25of Motor Vehicles shall place the restriction in the person’s records
26in the Department of Motor Vehicles.

27(m) For the purposes of this section, “vehicle” does not include
28a motorcycle until the state certifies an ignition interlock device
29that can be installed on a motorcycle. Any person subject to an
30ignition interlock device restriction shall not operate a motorcycle
31for the duration of the ignition interlock device restriction period.

32(n) For the purposes of this section, “owned” means solely
33owned or owned in conjunction with another person or legal entity.
34For purposes of this section, “operates” includes operating a vehicle
35that is not owned by the person subject to this section.

36(o) For the purposes of this section, “bypass” includes, but is
37not limited to, either of the following:

38(1) A combination of failing or not taking the ignition interlock
39device rolling retest three consecutive times.

P55   1(2) An incidence of failing or not taking the ignition interlock
2device rolling retest, when not followed by an incidence of passing
3the ignition interlock rolling retest prior to turning off the vehicle’s
4engine.

5(p) This section shall become inoperative on July 1, 2017, and,
6as of January 1, 2018, is repealed, unless a later enacted statute,
7that becomes operative on or before January 1, 2018, deletes or
8extends the dates on which it becomes inoperative and is repealed.

9

SEC. 19.  

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

10

23575.  

(a) The court shall require a person convicted of a
11violation of Section 14601.2 to install an ignition interlock device
12on any vehicle that the person owns or operates and prohibit the
13person from operating a motor vehicle unless the vehicle is
14equipped with a functioning, certified ignition interlock device.
15The term of the restriction shall be determined by the court for a
16period not to exceed three years from the date of conviction. The
17court shall notify the Department of Motor Vehicles, as specified
18in subdivision (a) of Section 1803, of the terms of the restrictions
19in accordance with subdivision (a) of Section 1804. The
20Department of Motor Vehicles shall place the restriction in the
21person’s records in the Department of Motor Vehicles.

22(b) The court shall include on the abstract of conviction or
23violation submitted to the Department of Motor Vehicles under
24Section 1803 or 1816 the requirement and term for the use of a
25certified ignition interlock device. The records of the department
26shall reflect mandatory use of the device for the term ordered by
27the court.

28(c) The court shall advise the person that installation of an
29ignition interlock device on a vehicle does not allow the person to
30drive without a valid driver’s license.

31(d) A person whose driving privilege is restricted by the court
32pursuant to this section shall arrange for each vehicle with an
33ignition interlock device to be serviced by the installer at least
34once every 60 days in order for the installer to recalibrate and
35monitor the operation of the device. The installer shall notify the
36court if the device is removed or indicates that the person has
37attempted to remove, bypass, or tamper with the device, or if the
38person fails three or more times to comply with a requirement for
39the maintenance or calibration of the ignition interlock device.
P56   1There is no obligation for the installer to notify the court if the
2person has complied with all of the requirements of this article.

3(e) The court shall monitor the installation and maintenance of
4an ignition interlock device restriction ordered pursuant to
5subdivision (a) or (i). If a person fails to comply with the court
6order, the court shall give notice of the fact to the department
7pursuant to Section 40509.1.

8(f) Nothing in this section permits a person to drive without a
9valid driver’s license.

10(g) Pursuant to this section, an out-of-state resident who
11otherwise would qualify for an ignition interlock device restricted
12license in California shall be prohibited from operating a motor
13vehicle in California unless that vehicle is equipped with a
14functioning ignition interlock device. An ignition interlock device
15is not required to be installed on any vehicle owned by the
16defendant that is not driven in California.

17(h) If a medical problem does not permit a person to breathe
18with sufficient strength to activate the device, that person shall
19only have the suspension option.

20(i) This section does not restrict a court from requiring
21installation of an ignition interlock device and prohibiting operation
22of a motor vehicle unless that vehicle is equipped with a
23functioning, certified ignition interlock device for a person to
24whom subdivision (a) does not apply. The term of the restriction
25shall be determined by the court for a period not to exceed three
26years from the date of conviction. The court shall notify the
27Department of Motor Vehicles, as specified in subdivision (a) of
28Section 1803, of the terms of the restrictions in accordance with
29subdivision (a) of Section 1804. The Department of Motor Vehicles
30shall place the restriction in the person’s records in the Department
31of Motor Vehicles.

32(j) For the purposes of this section, “vehicle” does not include
33a motorcycle until the state certifies an ignition interlock device
34that can be installed on a motorcycle. Any person subject to an
35ignition interlock device restriction shall not operate a motorcycle
36for the duration of the ignition interlock device restriction period.

37(k) For the purposes of this section, “owned” means solely
38owned or owned in conjunction with another person or legal entity.
39For purposes of this section, “operates” includes operating a vehicle
40that is not owned by the person subject to this section.

P57   1(l) For the purposes of this section, “bypass” includes, but is
2not limited to, either of the following:

3(1) A combination of failing or not taking the ignition interlock
4device rolling retest three consecutive times.

5(2) An incidence of failing or not taking the ignition interlock
6device rolling retest, when not followed by an incidence of passing
7the ignition interlock rolling retest prior to turning off the vehicle’s
8engine.

9(m) This section shall become operative on July 1, 2017.

10

SEC. 20.  

Section 23575.3 is added to the Vehicle Code, to
11read:

12

23575.3.  

(a) In addition to any other requirement imposed by
13law, a court shall notify a person convicted of a violation listed in
14subdivision (h) that he or she is required to install a certified
15ignition interlock device on any vehicle that the person owns or
16operates and that he or she is prohibited from operating a motor
17vehicle unless that vehicle is equipped with a functioning, certified
18ignition interlock device in accordance with this section.

19(b) The Department of Motor Vehicles, upon receipt of the
20court’s abstract of conviction for a violation listed in subdivision
21(h), shall inform the convicted person of the requirements of this
22section, including the term for which the person is required to have
23a certified ignition interlock device installed. The records of the
24department shall reflect the mandatory use of the device for the
25term required and the time when the device is required to be
26installed by this code.

27(c) The department shall advise the person that installation of
28an ignition interlock device on a vehicle does not allow the person
29to drive without a valid driver’s license.

30(d) (1) A person who is notified by the department pursuant to
31subdivision (b) shall do all of the following:

32(A) Arrange for each vehicle owned or operated by the person
33to be equipped with a functioning ignition interlock device by a
34certified ignition interlock device provider under Section 13386.

35(B) Provide to the department proof of installation by submitting
36the “Verification of Installation” form described in paragraph (2)
37of subdivision (g) of Section 13386.

38(C) Pay a fee, determined by the department, that is sufficient
39to cover the costs of administration of this section.

P58   1(2) A person who is notified by the department pursuant to
2subdivision (b), is exempt from the requirements of this subdivision
3until the time he or she purchases or has access to a vehicle if,
4within 30 days of the notification, the person certifies to the
5department all of the following:

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

7(B) The person does not have access to a vehicle at his or her
8residence.

9(C) The person no longer has access to the vehicle he or she
10was driving at the time he or she was arrested for a violation that
11subsequently resulted in a conviction for a violation listed in
12subdivision (h).

13(D) The person acknowledges that he or she is only allowed to
14drive a vehicle that is equipped with a functioning ignition interlock
15device.

16(E) The person acknowledges that he or she is required to have
17a valid driver’s license before he or she can drive.

18(F) The person acknowledges that he or she is subject to the
19requirements of this section when he or she purchases or has access
20to a vehicle.

21(e) In addition to any other restrictions the department places
22on the driver’s license record of the convicted person when the
23person is issued a restricted driver’s license pursuant to Section
2413352 or 13352.4, the department shall place a restriction on the
25driver’s license record of the person that states the driver is
26restricted to driving only vehicles equipped with a certified ignition
27interlock device for the applicable term.

28(f) (1) A person who is notified by the department pursuant to
29subdivision (b) shall arrange for each vehicle with an ignition
30interlock device to be serviced by the installer at least once every
3160 days in order for the installer to recalibrate and monitor the
32operation of the device.

33(2) The installer shall notify the department if the device is
34removed or indicates that the person has attempted to remove,
35bypass, or tamper with the device, or if the person fails three or
36more times to comply with any requirement for the maintenance
37or calibration of the ignition interlock device.

38(g) The department shall monitor the installation and
39maintenance of the ignition interlock device installed pursuant to
40subdivision (d).

P59   1(h) A person is required to install an ignition interlock device
2pursuant to this section for the applicable term, as follows:

3(1) A person convicted of a violation of subdivision (a), (b),
4(d), or (f) of Section 23152 shall be required to install an ignition
5interlock device, as follows:

6(A) Upon a conviction with no priors, the person shall install
7an ignition interlock device in all vehicles owned or operated by
8that person for a mandatory term of six months.

9(B) Upon a conviction with one prior, the person shall install
10an ignition interlock device in all vehicles owned or operated by
11that person for a mandatory term of 12 months.

12(C) Upon a conviction with two priors, the person shall install
13an ignition interlock device in all vehicles owned or operated by
14that person for a mandatory term of 24 months.

15(D) Upon a conviction with three or more priors, the person
16shall install an ignition interlock device in all vehicles owned or
17operated by that person for a mandatory term of 36 months.

18(2) A person convicted of a violation of (a), (b), (d), or (f) of
19Section 23153 shall install an ignition interlock device, as follows:

20(A) Upon a conviction with no priors, the person shall install
21an ignition interlock device in all vehicles owned or operated by
22that person for a mandatory term of 12 months.

23(B) Upon a conviction with one prior, the person shall install
24an ignition interlock device in all vehicles owned or operated by
25that person for a mandatory term of 24 months.

26(C) Upon a conviction with two priors, the person shall install
27an ignition interlock device in all vehicles owned or operated by
28that person for a mandatory term of 36 months.

29(D) Upon a conviction with three or more priors, the person
30shall install an ignition interlock device in all vehicles owned or
31operated by that person for a mandatory term of 48 months.

32(3) For the purposes of paragraphs (1) and (2), “prior” means
33a conviction for a violation of Section 23103, as specified in
34Section 23103.5, or Section 23140, 23152, or 23153, or Section
35191.5 or subdivision (a) of Section 192.5 of the Penal Code.

36(4) The terms prescribed in this subdivision shall begin once a
37person has complied with subparagraph (B) of paragraph (1) of
38subdivision (d) and either upon the reinstatement of the privilege
39to drive pursuant to Section 13352 or the issuance of a restricted
40driver’s license pursuant to Section 13352 or 13352.4. A person
P60   1shall receive credit for any period in which he or she had a
2restricted driver’s license issued pursuant to Section 13353.3 or
313353.7 and he or she was in compliance with Section 13353.6.

4(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to
5this section.

6(j) If a person fails to comply with any of the requirements
7regarding ignition interlock devices, the period in which the person
8was not in compliance shall not be credited towards the mandatory
9term for which the ignition interlock device is required to be
10installed.

11(k) (1) Every manufacturer and manufacturer’s agent certified
12by the department to provide ignition interlock devices, under
13Section 13386, shall adopt the following fee schedule that provides
14for the payment of the costs of the ignition interlock device by
15offenders subject to this chapter in amounts commensurate with
16that person’s income relative to the federal poverty level, as defined
17in Section 127400 of the Health and Safety Code:

18(A) A person with an income at 100 percent of the federal
19poverty level and below is responsible for 10 percent of the cost
20of the ignition interlock device. The ignition interlock device
21provider is responsible for absorbing the cost of the ignition
22interlock device that is not paid by the person.

23(B) A person with an income at 101 to 200 percent of the federal
24poverty level is responsible for 25 percent of the cost of the ignition
25interlock device. The ignition interlock device provider is
26responsible for absorbing the cost of the ignition interlock device
27that is not paid by the person.

28(C) A person with an income at 201 to 300 percent of the federal
29poverty level is responsible for 50 percent of the cost of the ignition
30interlock device. The ignition interlock device provider is
31responsible for absorbing the cost of the ignition interlock device
32that is not paid by the person.

33(D) A person with an income at 301 to 400 percent of the federal
34poverty level is responsible for 90 percent of the cost of the ignition
35interlock device. The ignition interlock device provider is
36responsible for absorbing the cost of the ignition interlock device
37that is not paid by the person.

38(E) All other offenders are responsible for 100 percent of the
39cost of the ignition interlock device.

P61   1(2) The cost of the ignition interlock device may only be raised
2annually equal to the Consumer Price Index.

3(3) The offender’s income may be verified by presentation of
4that person’s current federal income tax return or three months of
5monthly income statements.

6(l) This section does not permit a person to drive without a valid
7driver’s license.

8(m) The requirements of this section are in addition to any other
9requirements of law.

10(n) For the purposes of this section, “vehicle” does not include
11a motorcycle until the state certifies an ignition interlock device
12that can be installed on a motorcycle. A person subject to an
13ignition interlock device restriction shall not operate a motorcycle
14for the duration of the ignition interlock device restriction period.

15(o) This section shall become operative on July 1, 2017.

16

SEC. 21.  

Section 23575.5 is added to the Vehicle Code, to
17read:

18

23575.5.  

(a) On or before June 1, 2021, the Department of
19Motor Vehicles shall report to the Legislature regarding the
20implementation and efficacy of the program enacted by the act
21that added this section.

22(b) The report described in subdivision (a) shall, at a minimum,
23include all of the following:

24(1) Whether anyone who was required to have an ignition
25interlock device installed as a result of the program killed or injured
26anyone in an accident while he or she was operating a vehicle
27under the influence of alcohol.

28(2) Whether anyone who was required to have an ignition
29interlock device installed as a result of the program was convicted
30of an alcohol-related violation of Section 23103, as specified in
31Section 23103.5, or Section 23140, 23152, or 23153, or Section
32191.5 or subdivision (a) of Section 192.5 of the Penal Code during
33the term in which the person was required to have the ignition
34interlock device installed.

35(3) A comparison of the number of injuries and deaths resulting
36from alcohol-related motor vehicle accidents between July 1, 2017,
37and January 1, 2021, inclusive, and during periods of similar
38duration prior to the implementation of the program.

39(4) A comparison of the number of individuals who have been
40convicted more than one time for driving under the influence of
P62   1alcohol between July 1, 2017, and January 1, 2021, inclusive, and
2periods of similar duration prior to the implementation of the
3program.

4(c) The report described in subdivision (a) shall be submitted
5in compliance with Section 9795 of the Government Code.

6(d) (1) This section shall become operative on July 1, 2017.

7(2) Pursuant to Section 10231.5 of the Government Code, this
8section shall become inoperative on June 1, 2025, and, as of
9January 1, 2026, is repealed, unless a later enacted statute, that
10becomes operative on or before January 1, 2026, deletes or extends
11the dates on which it becomes inoperative and is repealed.

12

SEC. 22.  

Section 23576 of the Vehicle Code is amended to
13read:

14

23576.  

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

23(b) A motor vehicle owned by a business entity that is all or
24partly owned or controlled by a person otherwise subject to Section
2523575 or 23700, is not a motor vehicle owned by the employer
26subject to the exemption in subdivision (a).

27(c) This section shall become inoperative on July 1, 2017, and,
28as of January 1, 2018, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2017, deletes or
30extends the dates on which it becomes inoperative and is repealed.

31

SEC. 23.  

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

32

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
3323700, if a person is required to operate a motor vehicle in the
34course and scope of his or her employment and if the vehicle is
35owned by the employer, the person may operate that vehicle
36without installation of an approved ignition interlock device if the
37employer has been notified by the person that the person’s driving
38privilege has been restricted pursuant to Section 23575, 23575.3,
39or 23700 and if the person has proof of that notification in his or
P63   1her possession, or if the notice, or a facsimile copy thereof, is with
2the vehicle.

3(b) A motor vehicle owned by a business entity that is all or
4partly owned or controlled by a person otherwise subject to Section
523575, 23575.3, or 23700, is not a motor vehicle owned by the
6employer subject to the exemption in subdivision (a).

7(c) This section shall become operative on July 1, 2017.

8

SEC. 24.  

Section 23597 of the Vehicle Code is amended to
9read:

10

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
1113352, a court may order a 10-year revocation of the driver’s
12license of a person who has been convicted of three or more
13separate violations of Section 23152 or 23153, the last of which
14is punishable under Section 23546, 23550, 23550.5, or 23566.
15When making this order, the court shall consider all of the
16following:

17(1) The person’s level of remorse for the acts.

18(2) The period of time that has elapsed since the person’s
19previous convictions.

20(3) The person’s blood-alcohol level at the time of the violation.

21(4) The person’s participation in an alcohol treatment program.

22(5) The person’s risk to traffic or public safety.

23(6) The person’s ability to install a certified ignition interlock
24device in each motor vehicle that he or she owns or operates.

25(b) Upon receipt of a duly certified abstract of the record of the
26court showing the court has ordered a 10-year revocation of a
27driver’s license pursuant to this section, the department shall revoke
28the person’s driver’s license for 10 years, except as provided in
29subdivision (c).

30(c) (1) Five years from the date of the last conviction of a
31violation of Section 23152 or 23153, a person whose license was
32revoked pursuant to subdivision (a) may apply to the department
33to have his or her privilege to operate a motor vehicle reinstated,
34subject to the condition that the person submits the “Verification
35of Installation” form described in paragraph (2) of subdivision (g)
36of Section 13386 and agrees to maintain the ignition interlock
37device as required under subdivision (g) of Section 23575.
38Notwithstanding Chapter 5 (commencing with Section 23700) or
39subdivision (f) of Section 23575, the ignition interlock device shall
40remain on the person’s motor vehicle for two years following the
P64   1reinstatement of the person’s driving privilege pursuant to this
2section.

3(2) The department shall reinstate the person’s license pursuant
4to paragraph (1), if the person satisfies all of the following
5conditions:

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

9(B) The person successfully completed a
10driving-under-the-influence program, licensed pursuant to Section
1111836 of the Health and Safety Code, following the date of the
12last conviction of a violation of Section 23152 or 23153.

13(C) The person was not convicted of violating Section 14601,
1414601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
15revocation period.

16(3) The department shall immediately terminate the restriction
17issued pursuant to this section and shall immediately revoke the
18privilege to operate a motor vehicle of a person who attempts to
19remove, bypass, or tamper with the device, who has the device
20removed prior to the termination date of the restriction, or who
21fails three or more times to comply with any requirement for the
22maintenance or calibration of the ignition interlock device. The
23privilege shall remain revoked for the remaining period of the
24original revocation and until all reinstatement requirements are
25met.

26(d) This section shall become inoperative on July 1, 2017, and,
27as of January 1, 2018, is repealed, unless a later enacted statute,
28that becomes operative on or before January 1, 2018, deletes or
29extends the dates on which it becomes inoperative and is repealed.

30

SEC. 25.  

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

31

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
3213352, a court may order a 10-year revocation of the driver’s
33license of a person who has been convicted of three or more
34separate violations of Section 23152 or 23153, the last of which
35is punishable under Section 23546, 23550, 23550.5, or 23566.
36When making this order, the court shall consider all of the
37following:

38(1) The person’s level of remorse for the acts.

39(2) The period of time that has elapsed since the person’s
40previous convictions.

P65   1(3) The person’s blood-alcohol level at the time of the violation.

2(4) The person’s participation in an alcohol treatment program.

3(5) The person’s risk to traffic or public safety.

4(6) The person’s ability to install a certified ignition interlock
5device in each motor vehicle that he or she owns or operates.

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

11(c) (1) Five years from the date of the last conviction of a
12violation of Section 23152 or 23153, a person whose license was
13revoked pursuant to subdivision (a) may apply to the department
14to have his or her privilege to operate a motor vehicle reinstated,
15subject to the condition that the person submits the “Verification
16of Installation” form described in paragraph (2) of subdivision (g)
17of Section 13386 and agrees to maintain the ignition interlock
18device as required under subdivision (f) of Section 23575.3.
19Notwithstanding Chapter 5 (commencing with Section 23700) or
20Section 23575.3, the ignition interlock device shall remain on the
21person’s motor vehicle for two years following the reinstatement
22of the person’s driving privilege pursuant to this section.

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

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

29(B) The person successfully completed a
30driving-under-the-influence program, licensed pursuant to Section
3111836 of the Health and Safety Code, following the date of the
32last conviction of a violation of Section 23152 or 23153 of this
33code.

34(C) The person was not convicted of violating Section 14601,
3514601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
36revocation period.

37(3) The department shall immediately terminate the restriction
38issued pursuant to this section and shall immediately revoke the
39privilege to operate a motor vehicle of a person who attempts to
40remove, bypass, or tamper with the device, who has the device
P66   1removed prior to the termination date of the restriction, or who
2fails three or more times to comply with any requirement for the
3maintenance or calibration of the ignition interlock device. The
4privilege shall remain revoked for the remaining period of the
5original revocation and until all reinstatement requirements are
6met.

7(d) This section shall become operative on July 1, 2017.

8

SEC. 26.  

No reimbursement is required by this act pursuant
9to Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.



O

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