Amended in Senate April 13, 2016

Amended in Senate March 17, 2016

Senate BillNo. 1046


Introduced by Senator Hill

(Coauthors: Senators Anderson, Bates, Block, Cannella, Roth, and Vidak)

(Coauthors: Assembly Members Baker, Bonilla, Chávez, Cooley, Eduardo Garcia, Lackey, Levine, Lopez, Maienschein, Rodriguez, and Waldron)

February 12, 2016


An actbegin insert to amend Sections 9807 and 9882.14 of the Business and Professions Code, andend insert 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,begin insert 13353.75,end insert 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 thebegin delete suspension.end deletebegin insert suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified.end insert 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.begin insert The bill would require the department to, if a person maintains an ignition interlock device for the specified required time, reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied.end insert 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.

begin insert

Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation under the supervision and control of the Director of Consumer Affairs and requires the director to administer and enforce provisions relating to the registration of electronic and appliance repair service dealers. Existing law authorizes the director to deny, suspend, revoke, or place on probation the registration of a service dealer for any of certain acts, as specified. Existing law authorizes a service dealer licensed under these provisions to install, calibrate, service, maintain, and monitor ignition interlock devices. A violation of these provisions is punishable as a misdemeanor.

end insert
begin insert

Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs and provides for the registration and regulation of automotive repair dealers. Existing law requires the bureau to adopt standards for installation, maintenance, and servicing of ignition interlock devices by automotive repair dealers, and existing regulations authorizes automotive repair dealers to install, maintain, and service an ignition interlock device. Existing law authorizes the director to deny, suspend, revoke, or place on probation the registration of an automotive repair dealer for certain acts, as specified. A violation of the act is a crime.

end insert
begin insert

This bill would authorize the director to suspend, revoke, or place on probation the registration of an automotive repair dealer or service dealer who installs, calibrates, services, maintains, or monitors ignition interlock devices if the automotive repair dealer or service dealer is not in compliance with specified provisions relating to payment for the costs of an ignition interlock device and would require an automotive repair dealer or service dealer to provide that information to an individual receiving ignition interlock device services. By expanding the definition of a crime, the bill would impose a state-mandated local program.

end insert

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:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 9807 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

9807.  

(a) Notwithstanding any other law, a service dealer
4licensed under this chapter and authorized to engage in the
5electronic repair industry, as defined in subdivision (p) of Section
69801, may install, calibrate, service, maintain, and monitor ignition
7interlock devices.

begin insert

8
(b) (1) The director may suspend, revoke, or place on probation
9the registration of a service dealer who installs, calibrates,
10services, maintains, or monitors ignition interlock devices if the
P5    1service dealer is not in compliance with subdivision (k) of Section
223575.3 of the Vehicle Code.

end insert
begin insert

3
(2) A service dealer shall provide to an individual receiving
4ignition interlock device services the information provided in
5subdivision (k) of Section 23575.3 of the Vehicle Code along with
6the contact phone number of the bureau.

end insert
begin delete

7(b)

end delete

8begin insert(c)end insert The bureau shall adopt regulations to implement this section
9consistent with the standards adopted by the Bureau of Automotive
10Repair and the Office of Traffic Safety under Section 9882.14.

11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 9882.14 of the end insertbegin insertBusiness and Professions Codeend insert
12
begin insert is amended to read:end insert

13

9882.14.  

(a) The bureau shall cooperate with the Office of
14Traffic Safety and adopt standards for the installation, maintenance,
15and servicing of ignition interlock devices by automotive repair
16dealers.

17(b) The manufacturers of ignition interlock devices shall comply
18with standards established by the bureau for the installation of
19those ignition interlock devices.

20(c) The bureau may charge manufacturers of certified interlock
21ignition devices a fee to recover the cost of monitoring installation
22standards.

begin insert

23
(d) (1) The director may suspend or revoke the registration of
24an automotive repair dealer who installs, maintains, and services
25ignition interlock devices if the automotive repair dealer is not in
26compliance with subdivision (k) of Section 23575.3 of the Vehicle
27Code.

end insert
begin insert

28
(2) An automotive repair dealer shall provide to an individual
29receiving ignition interlock device services the information
30provided in subdivision (k) of Section 23575.3 of the Vehicle Code
31along with the contact phone number of the bureau.

end insert
32

begin deleteSECTION 1.end delete
33
begin insertSEC. 3.end insert  

Section 13352 of the Vehicle Code is amended to read:

34

13352.  

(a) The department shall immediately suspend or
35revoke the privilege of a person to operate a motor vehicle upon
36the receipt of an abstract of the record of a court showing that the
37person has been convicted of a violation of Section 23152 or 23153,
38subdivision (a) of Section 23109, or Section 23109.1, or upon the
39receipt of a report of a judge of the juvenile court, a juvenile traffic
40hearing officer, or a referee of a juvenile court showing that the
P6    1person has been found to have committed a violation of Section
223152 or 23153, subdivision (a) of Section 23109, or Section
323109.1. If an offense specified in this section occurs in a vehicle
4defined in Section 15210, the suspension or revocation specified
5in this subdivision also applies to the noncommercial driving
6privilege. The commercial driving privilege shall be disqualified
7as specified in Sections 15300 to 15302, inclusive. For the purposes
8of this section, suspension or revocation shall be as follows:

9(1) Except as required under Section 13352.1 or 13352.4, upon
10a conviction or finding of a violation of Section 23152 punishable
11under Section 23536, the privilege shall be suspended for a period
12of six months. The privilege shall not be reinstated until the person
13gives proof of financial responsibility and gives proof satisfactory
14to the department of successful completion of a
15driving-under-the-influence program licensed pursuant to Section
1611836 of the Health and Safety Code described in subdivision (b)
17of Section 23538 of this code. If the court, as authorized under
18 paragraph (3) of subdivision (b) of Section 23646, elects to order
19a person to enroll in, participate in, and complete either program
20described in subdivision (b) of Section 23542, the department shall
21require that program in lieu of the program described in subdivision
22(b) of Section 23538. For the purposes of this paragraph, enrollment
23in, participation in, and completion of an approved program shall
24occur subsequent to the date of the current violation. Credit shall
25not be given to any program activities completed prior to the date
26of the current violation.

27(2) Upon a conviction or finding of a violation of Section 23153
28punishable under Section 23554, the privilege shall be suspended
29for a period of one year. The privilege shall not be reinstated until
30the person gives proof of financial responsibility and gives proof
31satisfactory to the department of successful completion of a
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code as described in subdivision
34(b) of Section 23556 of this code. If the court, as authorized under
35paragraph (3) of subdivision (b) of Section 23646, elects to order
36a person to enroll in, participate in, and complete either program
37described in subdivision (b) of Section 23542, the department shall
38require that program in lieu of the program described in Section
3923556. For the purposes of this paragraph, enrollment,
40participation, and completion of an approved program shall occur
P7    1subsequent to the date of the current violation. Credit shall not be
2given to any program activities completed prior to the date of the
3current violation.

4(3) Except as provided in Section 13352.5, upon a conviction
5or finding of a violation of Section 23152 punishable under Section
623540, the privilege shall be suspended for two years. The privilege
7shall not be reinstated until the person gives proof of financial
8responsibility and gives proof satisfactory to the department of
9successful completion of a driving-under-the-influence program
10licensed pursuant to Section 11836 of the Health and Safety Code
11as described in subdivision (b) of Section 23542 of this code. For
12the purposes of this paragraph, enrollment in, participation in, and
13completion of an approved program shall be subsequent to the date
14of the current violation. Credit shall not be given to any program
15activities completed prior to the date of the current violation. The
16department shall advise the person that he or she may apply to the
17department for a restriction of the driving privilege if the person
18meets all of the following requirements:

19(A) Completion of 12 months of the suspension period, or
20completion of 90 days of the suspension period if the underlying
21conviction did not include the use of drugs as defined in Section
22312 and the person was found to be only under the influence of an
23alcoholic beverage at the time of the violation.

24(B) The person satisfactorily provides, subsequent to the
25violation date of the current underlying conviction, either of the
26following:

27(i) Proof of enrollment in an 18-month
28driving-under-the-influence program licensed pursuant to Section
2911836 of the Health and Safety Code if a 30-month program is
30unavailable in the person’s county of residence or employment.

31(ii) Proof of enrollment in a 30-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code, if available in the county of
34the person’s residence or employment.

35(C) The person agrees, as a condition of the restriction, to
36continue satisfactory participation in the program described in
37subparagraph (B).

38(D) The person submits the “Verification of Installation” form
39described in paragraph (2) of subdivision (g) of Section 13386.

P8    1(E) The person agrees to maintain the ignition interlock device
2as required under subdivision (g) of Section 23575.

3(F) The person provides proof of financial responsibility, as
4defined in Section 16430.

5(G) The person pays all reissue fees and any restriction fee
6required by the department.

7(H) The person pays to the department a fee sufficient to cover
8the costs of administration of this paragraph, as determined by the
9department.

10(I) The restriction shall remain in effect for the period required
11in subdivision (f) of Section 23575.

12(4) Except as provided in this paragraph, upon a conviction or
13finding of a violation of Section 23153 punishable under Section
1423560, the privilege shall be revoked for a period of three years.
15The privilege may not be reinstated until the person gives proof
16of financial responsibility, and the person gives proof satisfactory
17to the department of successful completion of a
18driving-under-the-influence program licensed pursuant to Section
1911836 of the Health and Safety Code, as described in paragraph
20(4) of subdivision (b) of Section 23562 of this code. For the
21purposes of this paragraph, enrollment in, participation in, and
22completion of an approved program shall occur subsequent to the
23date of the current violation. Credit shall not be given to any
24program activities completed prior to the date of the current
25violation. The department shall advise the person that after the
26completion of 12 months of the revocation period, which may
27include credit for a suspension period served under subdivision
28(c) of Section 13353.3, he or she may apply to the department for
29a restricted driver’s license if the person meets all of the following
30requirements:

31(A) The person satisfactorily provides, subsequent to the
32violation date of the current underlying conviction, either of the
33following:

34(i) The initial 12 months of an 18-month
35driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code if a 30-month program is
37unavailable in the person’s county of residence or employment.

38(ii) The initial 12 months of a 30-month
39driving-under-the-influence program licensed pursuant to Section
P9    111836 of the Health and Safety Code, if available in the county of
2the person’s residence or employment.

3(B) The person agrees, as a condition of the restriction, to
4continue satisfactory participation in the program described in
5subparagraph (A).

6(C) The person submits the “Verification of Installation” form
7described in paragraph (2) of subdivision (g) of Section 13386.

8(D) The person agrees to maintain the ignition interlock device
9as required under subdivision (g) of Section 23575.

10(E) The person provides proof of financial responsibility, as
11defined in Section 16430.

12(F) The person pays all applicable reinstatement or reissue fees
13and any restriction fee required by the department.

14(G) The restriction shall remain in effect for the period required
15in subdivision (f) of Section 23575.

16(5) Except as provided in this paragraph, upon a conviction or
17finding of a violation of Section 23152 punishable under Section
1823546, the privilege shall be revoked for a period of three years.
19The privilege shall not be reinstated until the person files proof of
20financial responsibility and gives proof satisfactory to the
21department of successful completion of an 18-month
22driving-under-the-influence program licensed pursuant to Section
2311836 of the Health and Safety Code, as described in subdivision
24(b) or (c) of Section 23548 of this code, if a 30-month program is
25unavailable in the person’s county of residence or employment,
26or, if available in the county of the person’s residence or
27employment, a 30-month driving-under-the-influence program
28licensed pursuant to Section 11836 of the Health and Safety Code,
29or a program specified in Section 8001 of the Penal Code. For the
30purposes of this paragraph, enrollment in, participation in, and
31completion of an approved program shall occur subsequent to the
32date of the current violation. Credit shall not be given to any
33program activities completed prior to the date of the current
34violation. The department shall advise the person that he or she
35may apply to the department for a restricted driver’s license, which
36may include credit for a suspension period served under subdivision
37(c) of Section 13353.3, if the person meets all of the following
38requirements:

39(A) Completion of 12 months of the suspension period, or
40completion of six months of the suspension period if the underlying
P10   1conviction did not include the use of drugs as defined in Section
2312 and the person was found to be only under the influence of an
3alcoholic beverage at the time of the violation.

4(B) The person satisfactorily provides, subsequent to the
5violation date of the current underlying conviction, either of the
6following:

7(i) Proof of enrollment in an 18-month
8driving-under-the-influence program licensed pursuant to Section
911836 of the Health and Safety Code if a 30-month program is
10unavailable in the person’s county of residence or employment.

11(ii) Proof of enrollment in a 30-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code, if available in the county of
14the person’s residence or employment.

15(C) The person agrees, as a condition of the restriction, to
16continue satisfactory participation in the program described in
17subparagraph (B).

18(D) The person submits the “Verification of Installation” form
19described in paragraph (2) of subdivision (g) of Section 13386.

20(E) The person agrees to maintain the ignition interlock device
21as required under subdivision (g) of Section 23575.

22(F) The person provides proof of financial responsibility, as
23defined in Section 16430.

24(G) An individual convicted of a violation of Section 23152
25punishable under Section 23546 may also, at any time after
26sentencing, petition the court for referral to an 18-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code, or, if available in the county
29of the person’s residence or employment, a 30-month
30driving-under-the-influence program licensed pursuant to Section
3111836 of the Health and Safety Code. Unless good cause is shown,
32the court shall order the referral.

33(H) The person pays all applicable reinstatement or reissue fees
34and any restriction fee required by the department.

35(I) The person pays to the department a fee sufficient to cover
36the costs of administration of this paragraph, as determined by the
37department.

38(J) The restriction shall remain in effect for the period required
39in subdivision (f) of Section 23575.

P11   1(6) Except as provided in this paragraph, upon a conviction or
2finding of a violation of Section 23153 punishable under Section
323550.5 or 23566, the privilege shall be revoked for a period of
4five years. The privilege may not be reinstated until the person
5gives proof of financial responsibility and gives proof satisfactory
6to the department of successful completion of a
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code as described in subdivision
9(b) of Section 23568 of this code, or if available in the county of
10the person’s residence or employment, a 30-month
11driving-under-the-influence program licensed pursuant to Section
1211836 of the Health and Safety Code, or a program specified in
13Section 8001 of the Penal Code. For the purposes of this paragraph,
14enrollment in, participation in, and completion of an approved
15program shall be subsequent to the date of the current violation.
16Credit shall not be given to any program activities completed prior
17to the date of the current violation. The department shall advise
18the person that after completion of 12 months of the revocation
19period, which may include credit for a suspension period served
20under subdivision (c) of Section 13353.3, he or she may apply to
21the department for a restricted driver’s license if the person meets
22all of the following requirements:

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

26(i) Completion of the initial 12 months of a 30-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code, if available in the county of
29the person’s residence or employment.

30(ii) Completion of the initial 12 months of an 18-month
31driving-under-the-influence program licensed pursuant to Section
3211836 of the Health and Safety Code, if a 30-month program is
33unavailable in the person’s county of residence or employment.

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

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

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

P12   1(E) The person provides proof of financial responsibility, as
2defined in Section 16430.

3(F) An individual convicted of a violation of Section 23153
4punishable under Section 23566 may also, at any time after
5sentencing, petition the court for referral to an 18-month
6driving-under-the-influence program licensed pursuant to Section
711836 of the Health and Safety Code, or, if available in the county
8of the person’s residence or employment, a 30-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code. Unless good cause is shown,
11the court shall order the referral.

12(G) The person pays all applicable reinstatement or reissue fees
13and any restriction fee required by the department.

14(H) The restriction shall remain in effect for the period required
15in subdivision (f) of Section 23575.

16(7) Except as provided in this paragraph, upon a conviction or
17finding of a violation of Section 23152 punishable under Section
1823550 or 23550.5, or of a violation of Section 23153 punishable
19under Section 23550.5, the privilege shall be revoked for a period
20of four years. The privilege shall not be reinstated until the person
21files proof of financial responsibility and gives proof satisfactory
22to the department of successful completion of an 18-month
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code, if a 30-month program is
25unavailable in the person’s county of residence or employment,
26or, if available in the county of the person’s residence or
27employment, a 30-month driving-under-the-influence program
28licensed pursuant to Section 11836 of the Health and Safety Code,
29or a program specified in Section 8001 of the Penal Code. For the
30purposes of this paragraph, enrollment in, participation in, and
31completion of an approved program shall occur subsequent to the
32date of the current violation. Credit shall not be given to any
33program activities completed prior to the date of the current
34violation. The department shall advise the person that after
35completion of 12 months of the revocation period, which may
36include credit for a suspension period served under subdivision
37(c) of Section 13353.3, he or she may apply to the department for
38a restricted driver’s license if the person meets all of the following
39requirements:

P13   1(A) The person satisfactorily provides, subsequent to the
2violation date of the current underlying conviction, either of the
3following:

4(i) The initial 12 months of an 18-month
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code, if a 30-month program is
7unavailable in the person’s county of residence or employment.

8(ii) The initial 12 months of a 30-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, if available in the county of
11the person’s residence or employment.

12(B) The person agrees, as a condition of the restriction, to
13continue satisfactory participation in the program described in
14subparagraph (A).

15(C) The person submits the “Verification of Installation” form
16described in paragraph (2) of subdivision (g) of Section 13386.

17(D) The person agrees to maintain the ignition interlock device
18as required under subdivision (g) of Section 23575.

19(E) The person provides proof of financial responsibility, as
20defined in Section 16430.

21(F) An individual convicted of a violation of Section 23152
22punishable under Section 23550 may also, at any time after
23sentencing, petition the court for referral to an 18-month
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code, or, if available in the county
26of the person’s residence or employment, a 30-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code. Unless good cause is shown,
29the court shall order the referral.

30(G) The person pays all applicable reinstatement or reissue fees
31and any restriction fee required by the department.

32(H) The restriction shall remain in effect for the period required
33in subdivision (f) of Section 23575.

34(8) Upon a conviction or finding of a violation of subdivision
35(a) of Section 23109 that is punishable under subdivision (e) of
36that section or Section 23109.1, the privilege shall be suspended
37for a period of 90 days to six months, if ordered by the court. The
38privilege shall not be reinstated until the person gives proof of
39financial responsibility, as defined in Section 16430.

P14   1(9) Upon a conviction or finding of a violation of subdivision
2(a) of Section 23109 that is punishable under subdivision (f) of
3that section, the privilege shall be suspended for a period of six
4months, if ordered by the court. The privilege shall not be reinstated
5until the person gives proof of financial responsibility, as defined
6in Section 16430.

7(b) For the purpose of paragraphs (2) to (9), inclusive, of
8subdivision (a), the finding of the juvenile court judge, the juvenile
9hearing officer, or the referee of a juvenile court of a commission
10of a violation of Section 23152 or 23153, subdivision (a) of Section
1123109, or Section 23109.1, as specified in subdivision (a) of this
12section, is a conviction.

13(c) A judge of a juvenile court, juvenile hearing officer, or
14referee of a juvenile court shall immediately report the findings
15specified in subdivision (a) to the department.

16(d) A conviction of an offense in a state, territory, or possession
17of the United States, the District of Columbia, the Commonwealth
18of Puerto Rico, or Canada that, if committed in this state, would
19be a violation of Section 23152, is a conviction of Section 23152
20for the purposes of this section, and a conviction of an offense
21that, if committed in this state, would be a violation of Section
2223153, is a conviction of Section 23153 for the purposes of this
23section. The department shall suspend or revoke the privilege to
24operate a motor vehicle pursuant to this section upon receiving
25notice of that conviction.

26(e) For the purposes of the restriction conditions specified in
27paragraphs (3) to (7), inclusive, of subdivision (a), the department
28shall terminate the restriction imposed pursuant to this section and
29shall suspend or revoke the person’s driving privilege upon receipt
30of notification from the driving-under-the-influence program that
31the person has failed to comply with the program requirements.
32The person’s driving privilege shall remain suspended or revoked
33for the remaining period of the original suspension or revocation
34imposed under this section and until all reinstatement requirements
35described in this section are met.

36(f) For the purposes of this section, completion of a program is
37the following:

38(1) Satisfactory completion of all program requirements
39approved pursuant to program licensure, as evidenced by a
P15   1certificate of completion issued, under penalty of perjury, by the
2licensed program.

3(2) Certification, under penalty of perjury, by the director of a
4program specified in Section 8001 of the Penal Code, that the
5person has completed a program specified in Section 8001 of the
6Penal Code.

7(g) The holder of a commercial driver’s license who was
8operating a commercial motor vehicle, as defined in Section 15210,
9at the time of a violation that resulted in a suspension or revocation
10of the person’s noncommercial driving privilege under this section
11is not eligible for the restricted driver’s license authorized under
12paragraphs (3) to (7), inclusive, of subdivision (a).

13(h) 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

begin deleteSEC. 2.end delete
18
begin insertSEC. 4.end insert  

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

19

13352.  

(a) The department shall immediately suspend or
20revoke the privilege of a person to operate a motor vehicle upon
21the receipt of an abstract of the record of a court showing that the
22person has been convicted of a violation of Section 23152 or 23153,
23subdivision (a) of Section 23109, or Section 23109.1, or upon the
24receipt of a report of a judge of the juvenile court, a juvenile traffic
25hearing officer, or a referee of a juvenile court showing that the
26person has been found to have committed a violation of Section
2723152 or 23153, subdivision (a) of Section 23109, or Section
2823109.1. If an offense specified in this section occurs in a vehicle
29defined in Section 15210, the suspension or revocation specified
30in this subdivision applies also to the noncommercial driving
31privilege. The commercial driving privilege shall be disqualified
32as specified in Sections 15300 to 15302, inclusive. For the purposes
33of this section, suspension or revocation shall be as follows:

34(1) Except as required under Section 13352.1 or 13352.4, upon
35a conviction or finding of a violation of Section 23152 punishable
36under Section 23536, the privilege shall be suspended for a period
37of six months. The privilege shall not be reinstated until the person
38gives proof of financial responsibility and gives proof satisfactory
39to the department of successful completion of a
40driving-under-the-influence program licensed pursuant to Section
P16   111836 of the Health and Safety Code described in subdivision (b)
2of Section 23538 of this code. If the court, as authorized under
3paragraph (3) of subdivision (b) of Section 23646, elects to order
4a person to enroll in, participate in, and complete either program
5described in subdivision (b) of Section 23542, the department shall
6require that program in lieu of the program described in subdivision
7(b) of Section 23538. For the purposes of this paragraph, enrollment
8in, participation in, and completion of an approved program shall
9occur subsequent to the date of the current violation. Credit shall
10not be given to any program activities completed prior to the date
11of the current violation.

12(2) Upon a conviction or finding of a violation of Section 23153
13punishable under Section 23554, the privilege shall be suspended
14for a period of one year. The privilege shall not be reinstated until
15the person gives proof of financial responsibility and gives proof
16satisfactory to the department of successful completion of a
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code as described in subdivision
19(b) of Section 23556 of this code. If the court, as authorized under
20paragraph (3) of subdivision (b) of Section 23646, elects to order
21a person to enroll in, participate in, and complete either program
22described in subdivision (b) of Section 23542, the department shall
23require that program in lieu of the program described in Section
2423556. For the purposes of this paragraph, enrollment in,
25participation in, and completion of an approved program shall
26occur subsequent to the date of the current violation. Credit shall
27not be given to any program activities completed prior to the date
28of the current violation. The department shall advise the person
29that he or she may apply to the department for a restricted driver’s
30license if the person meets all of the following requirements:

31(A) The person satisfactorily provides, subsequent to the
32violation date of the current underlying conviction, either of the
33following:

34(i) Proof of enrollment in a driving-under-the-influence program
35licensed pursuant to Section 11836 of the Health and Safety Code,
36as described in subdivision (b) of Section 23556 of this code.

37(ii) Proof of enrollment in a program described in subdivision
38(b) of Section 23542, if the court has ordered the person to enroll
39in, participate in, and complete either program described in that
P17   1section, in which case the person shall not be required to provide
2the proof described in clause (i).

3(B) The person agrees, as a condition of the restriction, to
4continue satisfactory participation in the program described in
5subparagraph (A).

6(C) The person complies with subdivision (d) of Section
723575.3, if applicable.

8(D) The person agrees to maintain the ignition interlock device
9as required under Section 23575.3, if applicable.

10(E) The person provides proof of financial responsibility, as
11defined in Section 16430.

12(F) The person pays all reissue fees and any restriction fee
13required by the department.

14(G) The person pays to the department a fee sufficient to cover
15the reasonable costs of administering the requirements of this
16paragraph, as determined by the department.

17(H) The restriction shall remain in effect for the period required
18in subdivision (e).

19(3) Except as provided in Section 13352.5, upon a conviction
20or finding of a violation of Section 23152 punishable under Section
2123540, the privilege shall be suspended for two years. The privilege
22shall not be reinstated until the person gives proof of financial
23responsibility and gives proof satisfactory to the department of
24successful completion of a driving-under-the-influence program
25licensed pursuant to Section 11836 of the Health and Safety Code
26as described in subdivision (b) of Section 23542 of this code. For
27the purposes of this paragraph, enrollment in, participation in, and
28completion of an approved program shall occur subsequent to the
29date of the current violation. Credit shall not be given to any
30program activities completed prior to the date of the current
31violation. The department shall advise the person that he or she
32may apply to the department for a restricted driver’s license if the
33person meets all of the following requirements:

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

37(i) Proof of enrollment in an 18-month
38driving-under-the-influence program licensed pursuant to Section
39 11836 of the Health and Safety Code if a 30-month program is
40unavailable in the person’s county of residence or employment.

P18   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 reissue fees and any restriction fee
15required 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(4) Except as provided in this paragraph, upon a conviction or
22finding of a violation of Section 23153 punishable under Section
2323560, the privilege shall be revoked for a period of three years.
24The privilege may not be reinstated until the person gives proof
25of financial responsibility, and the person gives proof satisfactory
26to the department of successful completion of a
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code, as described in paragraph
29(4) of subdivision (b) of Section 23562 of this code. For the
30purposes of this paragraph, enrollment in, participation in, and
31completion of an approved program shall occur subsequent to the
32date of the current violation. Credit shall not be given to any
33program activities completed prior to the date of the current
34violation. The department shall advise the person that he or she
35may apply to the department for a restricted driver’s license if the
36person meets all of the following requirements:

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

P19   1(i)  Proof of enrollment in 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)  Proof of enrollment in 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 complies with subdivision (d) of Section
1323575.3, if applicable.

14(D) The person agrees to maintain the ignition interlock device
15as required under Section 23575.3, if applicable.

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

18(F) The person pays all applicable reinstatement or reissue fees
19and any restriction fee required by the department.

20(G) The person pays to the department a fee sufficient to cover
21the reasonable costs of administering the requirements of this
22paragraph, as determined by the department.

23(H) The restriction shall remain in effect for the period required
24in subdivision (e).

25(5) Except as provided in this paragraph, upon a conviction or
26finding of a violation of Section 23152 punishable under Section
2723546, the privilege shall be revoked for a period of three years.
28The privilege shall not be reinstated until the person files proof of
29financial responsibility and gives proof satisfactory to the
30department of successful completion of an 18-month
31driving-under-the-influence program licensed pursuant to Section
3211836 of the Health and Safety Code, as described in subdivision
33(b) or (c) of Section 23548 of this code, if a 30-month program is
34unavailable in the person’s county of residence or employment,
35or, if available in the county of the person’s residence or
36employment, a 30-month driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code,
38or a program specified in Section 8001 of the Penal Code. For the
39purposes of this paragraph, enrollment in, participation in, and
40completion of an approved program shall occur subsequent to the
P20   1date of the current violation. Credit shall not be given to any
2program activities completed prior to the date of the current
3violation. The department shall advise the person that he or she
4may apply to the department for a restricted driver’s license if the
5person meets all of the following requirements:

6(A) The person satisfactorily provides, subsequent to the
7violation date of the current underlying conviction, either of the
8following:

9(i) Proof of enrollment in an 18-month
10driving-under-the-influence program licensed pursuant to Section
1111836 of the Health and Safety Code if a 30-month program is
12unavailable in the person’s county of residence or employment.

13(ii) Proof of enrollment in a 30-month
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code, if available in the county of
16the person’s residence or employment.

17(B) The person agrees, as a condition of the restriction, to
18continue satisfactory participation in the program described in
19subparagraph (A).

20(C) The person complies with subdivision (d) of Section
2123575.3, if applicable.

22(D) The person agrees to maintain the ignition interlock device
23as required under Section 23575.3, if applicable.

24(E) The person provides proof of financial responsibility, as
25defined in Section 16430.

26(F) An individual convicted of a violation of Section 23152
27punishable under Section 23546 may also, at any time after
28sentencing, petition the court for referral to an 18-month
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code, or, if available in the county
31of the person’s residence or employment, a 30-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code. Unless good cause is shown,
34the court shall order the referral.

35(G) The person pays all applicable reinstatement or reissue fees
36and any restriction fee required by the department.

37(H) The person pays to the department a fee sufficient to cover
38the reasonable costs of administering the requirements of this
39paragraph, as determined by the department.

P21   1(I) The restriction shall remain in effect for the period required
2in subdivision (e).

3(6) Except as provided in this paragraph, upon a conviction or
4finding of a violation of Section 23153 punishable under Section
523550.5 or 23566, the privilege shall be revoked for a period of
6five years. The privilege may not be reinstated until the person
7gives proof of financial responsibility and gives proof satisfactory
8to the department of successful completion of a
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code as described in subdivision
11(b) of Section 23568, or if available in the county of the person’s
12residence or employment, a 30-month driving-under-the-influence
13program licensed pursuant to Section 11836 of the Health and
14Safety Code, or a program specified in Section 8001 of the Penal
15Code. For the purposes of this paragraph, enrollment in,
16participation in, and completion of an approved program shall be
17subsequent to the date of the current violation. Credit shall not be
18given to any program activities completed prior to the date of the
19current violation. The department shall advise the person that he
20or she may apply to the department for a restricted driver’s license
21if the person meets all of the following requirements:

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

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

29(ii)  Proof of enrollment in an 18-month
30driving-under-the-influence program licensed pursuant to Section
3111836 of the Health and Safety Code, if a 30-month program is
32unavailable in the person’s county of residence or employment.

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

36(C) The person complies with subdivision (d) of Section
3723575.3, if applicable.

38(D) The person agrees to maintain the ignition interlock device
39as required under Section 23575.3, if applicable.

P22   1(E) The person provides proof of financial responsibility, as
2defined in Section 16430.

3(F) An individual convicted of a violation of Section 23153
4punishable under Section 23566 may also, at any time after
5sentencing, petition the court for referral to an 18-month
6driving-under-the-influence program licensed pursuant to Section
711836 of the Health and Safety Code, or, if available in the county
8of the person’s residence or employment, a 30-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code. Unless good cause is shown,
11the court shall order the referral.

12(G) The person pays all applicable reinstatement or reissue fees
13and any restriction fee required by the department.

14(H) The person pays to the department a fee sufficient to cover
15the reasonable costs of administering the requirements of this
16paragraph, as determined by the department.

17(I) The restriction shall remain in effect for the period required
18in subdivision (e).

19(7) Except as provided in this paragraph, upon a conviction or
20finding of a violation of Section 23152 punishable under Section
2123550 or 23550.5, or of a violation of Section 23153 punishable
22under Section 23550.5, the privilege shall be revoked for a period
23of four years. The privilege shall not be reinstated until the person
24files proof of financial responsibility and gives proof satisfactory
25to the department of successful completion of 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,
29or, if available in the county of the person’s residence or
30employment, a 30-month driving-under-the-influence program
31licensed pursuant to Section 11836 of the Health and Safety Code,
32or a program specified in Section 8001 of the Penal Code. For the
33purposes of this paragraph, enrollment in, participation in, and
34completion of an approved program shall occur subsequent to the
35date of the current violation. Credit shall not be given to any
36program activities completed prior to the date of the current
37violation. The department shall advise the person that he or she
38may apply to the department for a restricted driver’s license if the
39person meets all of the following requirements:

P23   1(A) The person satisfactorily provides, subsequent to the
2violation date of the current underlying conviction, either of the
3following:

4(i)  Proof of enrollment in an 18-month
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code, if a 30-month program is
7unavailable in the person’s county of residence or employment.

8(ii)  Proof of enrollment in a 30-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, if available in the county of
11the person’s residence or employment.

12(B) The person agrees, as a condition of the restriction, to
13continue satisfactory participation in the program described in
14subparagraph (A).

15(C) The person complies with subdivision (d) of Section
1623575.3, if applicable.

17(D) The person agrees to maintain the ignition interlock device
18as required under Section 23575.3, if applicable.

19(E) The person provides proof of financial responsibility, as
20defined in Section 16430.

21(F) An individual convicted of a violation of Section 23152
22punishable under Section 23550 may also, at any time after
23sentencing, petition the court for referral to an 18-month
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code, or, if available in the county
26of the person’s residence or employment, a 30-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code. Unless good cause is shown,
29the court shall order the referral.

30(G) The person pays all applicable reinstatement or reissue fees
31and any restriction fee required by the department.

32(H) The person pays to the department a fee sufficient to cover
33the reasonable costs of administering the requirements of this
34paragraph, as determined by the department.

35(I) The restriction shall remain in effect for the period required
36in subdivision (e).

37(8) Upon a conviction or finding of a violation of subdivision
38(a) of Section 23109 that is punishable under subdivision (e) of
39that section or Section 23109.1, the privilege shall be suspended
40for a period of 90 days to six months, if ordered by the court. The
P24   1privilege shall not be reinstated until the person gives proof of
2financial responsibility, as defined in Section 16430.

3(9) Upon a conviction or finding of a violation of subdivision
4(a) of Section 23109 that is punishable under subdivision (f) of
5that section, the privilege shall be suspended for a period of six
6months, if ordered by the court. The privilege shall not be reinstated
7 until the person gives proof of financial responsibility, as defined
8in Section 16430.

9(b) For the purpose of paragraphs (2) to (9), inclusive, of
10subdivision (a), the finding of the juvenile court judge, the juvenile
11hearing officer, or the referee of a juvenile court of a commission
12of a violation of Section 23152 or 23153, subdivision (a) of Section
1323109, or Section 23109.1, as specified in subdivision (a) of this
14section, is a conviction.

15(c) A judge of a juvenile court, juvenile hearing officer, or
16referee of a juvenile court shall immediately report the findings
17specified in subdivision (a) to the department.

18(d) A conviction of an offense in a state, territory, or possession
19of the United States, the District of Columbia, the Commonwealth
20of Puerto Rico, or Canada that, if committed in this state, would
21be a violation of Section 23152, is a conviction of Section 23152
22for the purposes of this section, and a conviction of an offense
23that, if committed in this state, would be a violation of Section
2423153, is a conviction of Section 23153 for the purposes of this
25section. The department shall suspend or revoke the privilege to
26operate a motor vehicle pursuant to this section upon receiving
27notice of that conviction.

28(e) (1) Except as specified in paragraph (2) or (3), the restriction
29conditions specified in paragraphs (2) to (7), inclusive, of
30subdivision (a) shall remain in effectbegin delete for at least the remaining
31period of the original suspension or revocation andend delete
until all
32reinstatement requirements are satisfied.

33(2) For the purposes of the restriction conditions specified in
34paragraphs (2) to (7), inclusive, of subdivision (a), the department
35shall terminate the restriction imposed pursuant to this section and
36shall suspend or revoke the person’s driving privilege upon receipt
37of notification from the driving-under-the-influence program that
38the person has failed to comply with the program requirements.
39The person’s driving privilege shall remain suspended or revoked
40for the remaining period of the original suspension or revocation
P25   1imposed under this section and until all reinstatement requirements
2described in this section are met.

3(3) The department shall immediately terminate the restriction
4issued pursuant to this section and shall immediately suspend or
5revoke the privilege to operate a motor vehicle of a person who,
6with respect to an ignition interlock device installed pursuant to
7Section 23575.3, attempts to remove, bypass, or tamper with the
8device, has the device removed prior to the termination date of the
9restriction, or fails three or more times to comply with any
10requirement for the maintenance or calibration of the device. The
11privilege shall remain suspended or revoked for the remaining
12period of the originating suspension or revocation and until all
13reinstatement requirements in this section are satisfied.

begin insert

14
(f) Notwithstanding the suspension periods specified in
15paragraphs (1) to (7), inclusive, of subdivision (a) or Section
1613352.1, if the person maintains an ignition interlock device for
17 the mandatory term required under Section 23575.3, inclusive of
18any term credit earned under Section 13353.6, the department
19shall reinstate his or her privilege to operate a motor vehicle at
20the time the other reinstatement requirements are satisfied.

end insert
begin delete

9 21(f)

end delete

22begin insert(g)end insert For the purposes of this section, completion of a program
23is the following:

24(1) Satisfactory completion of all program requirements
25approved pursuant to program licensure, as evidenced by a
26certificate of completion issued, under penalty of perjury, by the
27licensed program.

28(2) Certification, under penalty of perjury, by the director of a
29program specified in Section 8001 of the Penal Code, that the
30person has completed a program specified in Section 8001 of the
31Penal Code.

begin delete

19 32(g)

end delete

33begin insert(h)end insert The holder of a commercial driver’s license who was
34operating a commercial motor vehicle, as defined in Section 15210,
35at the time of a violation that resulted in a suspension or revocation
36of the person’s noncommercial driving privilege under this section
37is not eligible for the restricted driver’s license authorized under
38paragraphs (3) to (7), inclusive, of subdivision (a).

begin delete

25 39(h)

end delete

P26   1begin insert(i)end insert The reinstatement of the driving privilege pursuant to this
2section does not abrogate a person’s continuing duty to comply
3with any restriction imposed pursuant to Section 23575.3.

begin delete

28 4(i)

end delete

5begin insert(j)end insert This section shall become operative on July 1, 2017.

6

begin deleteSEC. 3.end delete
7
begin insertSEC. 5.end insert  

Section 13352.4 of the Vehicle Code is amended to
8read:

9

13352.4.  

(a) Except as provided in subdivision (h), the
10department shall issue a restricted driver’s license to a person
11whose driver’s license was suspended under paragraph (1) of
12subdivision (a) of Section 13352 or Section 13352.1, if the person
13meets all of the following requirements:

14(1) Submits proof satisfactory to the department of either of the
15following, as applicable:

16(A) Enrollment in a driving-under-the-influence program
17licensed pursuant to Section 11836 of the Health and Safety Code,
18as described in subdivision (b) of Section 23538 of this code.

19(B) Enrollment in a program described in subdivision (b) of
20Section 23542, if the court has ordered the person to enroll in,
21participate in, and complete either program described in that
22section, in which case the person shall not be required to provide
23proof of the enrollment described in subparagraph (A).

24(2) Submits proof of financial responsibility, as defined in
25Section 16430.

26(3) Pays all applicable reinstatement or reissue fees and any
27restriction fee required by the department.

28(b) The restriction of the driving privilege shall become effective
29when the department receives all of the documents and fees
30required under subdivision (a) and shall remain in effect until the
31final day of the original suspension imposed under paragraph (1)
32of subdivision (a) of Section 13352 or Section 13352.1, or until
33the date all reinstatement requirements described in Section 13352
34or 13352.1 have been met, whichever date is later, and may include
35credit for any suspension period served under subdivision (c) of
36Section 13353.3.

37(c) The restriction of the driving privilege shall be limited to
38the hours necessary for driving to and from the person’s place of
39employment, driving during the course of employment, and driving
P27   1to and from activities required in the driving-under-the-influence
2program.

3(d) Whenever the driving privilege is restricted under this
4section, proof of financial responsibility, as defined in Section
516430, shall be maintained for three years. If the person does not
6maintain that proof of financial responsibility at any time during
7the restriction, the driving privilege shall be suspended until the
8proof required under Section 16484 is received by the department.

9(e) For the purposes of this section, enrollment, participation,
10and completion of an approved program shall be subsequent to the
11date of the current violation. Credit may not be given to a program
12activity completed prior to the date of the current violation.

13(f) The department shall terminate the restriction issued under
14this section and shall suspend the privilege to operate a motor
15vehicle pursuant to paragraph (1) of subdivision (a) of Section
1613352 or Section 13352.1 immediately upon receipt of notification
17from the driving-under-the-influence program that the person has
18failed to comply with the program requirements. The privilege
19shall remain suspended until the final day of the original suspension
20imposed under paragraph (1) of subdivision (a) of Section 13352
21or 13352.1, or until the date all reinstatement requirements
22described in Section 13352 or Section 13352.1 have been met,
23whichever date is later.

24(g) The holder of a commercial driver’s license who was
25operating a commercial motor vehicle, as defined in Section 15210,
26at the time of a violation that resulted in a suspension or revocation
27of the person’s noncommercial driving privilege under paragraph
28(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
29eligible for the restricted driver’s license authorized under this
30section.

31(h) If, upon conviction, the court has made the determination,
32as authorized under subdivision (d) of Section 23536 or paragraph
33(3) of subdivision (a) of Section 23538, to disallow the issuance
34of a restricted driver’s license, the department may not issue a
35restricted driver’s license under this section.

36(i) This section shall become inoperative on July 1, 2017, and,
37as of January 1, 2018, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2018, deletes or
39extends the dates on which it becomes inoperative and is repealed.

P28   1

begin deleteSEC. 4.end delete
2
begin insertSEC. 6.end insert  

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

3

13352.4.  

(a) Except as provided in subdivision (h), the
4department shall issue a restricted driver’s license to a person
5whose driver’s license was suspended under paragraph (1) of
6subdivision (a) of Section 13352 or Section 13352.1, if the person
7meets all of the following requirements:

8(1) Submits proof satisfactory to the department of either of the
9following:

10(A) Enrollment in a driving-under-the-influence program
11licensed pursuant to Section 11836 of the Health and Safety Code,
12as described in subdivision (b) of Section 23538 of this code.

13(B) Enrollment in a program described in subdivision (b) of
14Section 23542, if the court has ordered the person to enroll in,
15participate in, and complete either program described in that
16section, in which case the person shall not be required to provide
17proof of the enrollment described in subparagraph (A).

18(2) Complies with subdivision (d) of Section 23575.3, if
19applicable.

20(3) Agrees to maintain the ignition interlock device as required
21under Section 23575.3, if applicable.

22(4) Submits proof of financial responsibility, as defined in
23Section 16430.

24(5) Pays all applicable reinstatement or reissue fees and any
25restriction fee required by the department.

26(6) The person pays to the department a fee sufficient to cover
27the reasonable costs of administering the requirements of this
28paragraph, as determined by the department.

29(b) The restriction of the driving privilege shall become effective
30when the department receives all of the documents and fees
31required under subdivision (a) and shall remain in effectbegin delete until the
32final day of the original suspension imposed under paragraph (1)
33of subdivision (a) of Section 13352 or Section 13352.1, orend delete
until
34the date all reinstatement requirements described in Section 13352
35or 13352.1 have beenbegin delete met, whichever date is later, and may include
36credit for any suspension period served under subdivision (c) of
37Section 13353.3.end delete
begin insert met.end insert

38(c) Whenever the driving privilege is restricted under this
39section, proof of financial responsibility, as defined in Section
4016430, shall be maintained for three years. If the person does not
P29   1maintain that proof of financial responsibility at any time during
2the restriction, the driving privilege shall be suspended until the
3proof required under Section 16484 is received by the department.

4(d) For the purposes of this section, enrollment, participation,
5and completion of an approved program shall be subsequent to the
6date of the current violation. Credit may not be given to a program
7activity completed prior to the date of the current violation.

8(e) (1) The department shall terminate the restriction issued
9under this section and shall suspend the privilege to operate a motor
10vehicle pursuant to paragraph (1) of subdivision (a) of Section
1113352 or Section 13352.1 immediately upon receipt of notification
12from the driving-under-the-influence program that the person has
13failed to comply with the program requirements. The privilege
14shall remain suspended until the final day of the original suspension
15imposed under paragraph (1) of subdivision (a) of Section 13352
16or Section 13352.1, or until the date all reinstatement requirements
17described in Section 13352 or 13352.1 have been met, whichever
18date is later.

19(2) The department shall immediately terminate the restriction
20issued pursuant to this section and shall immediately suspend or
21revoke the privilege to operate a motor vehicle of a person who,
22with respect to an ignition interlock device installed pursuant to
23Section 23575.3, attempts to remove, bypass, or tamper with the
24device, has the device removed prior to the termination date of the
25restriction, or fails three or more times to comply with any
26requirement for the maintenance or calibration of the device. The
27privilege shall remain suspended or revoked for the remaining
28period of the originating suspension or revocation and until all
29reinstatement requirements in this section are satisfied.

30(f) 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
33of the person’s noncommercial driving privilege under paragraph
34(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
35eligible for the restricted driver’s license authorized under this
36section.

37(g) If, upon conviction, the court has made the determination,
38as authorized under subdivision (d) of Section 23536 or paragraph
39(3) of subdivision (a) of Section 23538, to disallow the issuance
P30   1of a restricted driver’s license, the department may not issue a
2restricted driver’s license under this section.

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

4

begin deleteSEC. 5.end delete
5
begin insertSEC. 7.end insert  

Section 13353.3 of the Vehicle Code is amended to
6read:

7

13353.3.  

(a) An order of suspension of a person’s privilege to
8operate a motor vehicle pursuant to Section 13353.2 shall become
9effective 30 days after the person is served with the notice pursuant
10to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

11(b) The period of suspension of a person’s privilege to operate
12a motor vehicle under Section 13353.2 is as follows:

13(1) If the person has not been convicted of a separate violation
14of Section 23103, as specified in Section 23103.5, or Section
1523140, 23152, or 23153, or Section 191.5 or subdivision (a) of
16Section 192.5 of the Penal Code, the person has not been
17administratively determined to have refused chemical testing
18pursuant to Section 13353 or 13353.1 of this code, or the person
19has not been administratively determined to have been driving
20with an excessive concentration of alcohol pursuant to Section
2113353.2 on a separate occasion, which offense or occurrence
22occurred within 10 years of the occasion in question, the person’s
23privilege to operate a motor vehicle shall be suspended for four
24months.

25(2) (A) If the person has been convicted of one or more separate
26violations of Section 23103, as specified in Section 23103.5, or
27 Section 23140, 23152, or 23153, or Section 191.5 or subdivision
28(a) of Section 192.5 of the Penal Code, the person has been
29administratively determined to have refused chemical testing
30pursuant to Section 13353 or 13353.1 of this code, or the person
31has been administratively determined to have been driving with
32an excessive concentration of alcohol pursuant to Section 13353.2
33on a separate occasion, which offense or occasion occurred within
3410 years of the occasion in question, the person’s privilege to
35operate a motor vehicle shall be suspended for one year, except
36as provided in subparagraphs (B) and (C).

37(B) The one-year suspension pursuant to subparagraph (A) shall
38terminate if the person has been convicted of a violation arising
39out of the same occurrence and all of the following conditions are
40met:

P31   1(i) The person is eligible for a restricted driver’s license pursuant
2to Section 13352.

3(ii) The person installs an ignition interlock device as required
4in Section 13352 for that restricted driver’s license.

5(iii) The person complies with all other applicable conditions
6of Section 13352 for a restricted driver’s license.

7(C) The one-year suspension pursuant to subparagraph (A) shall
8terminate after completion of a 90-day suspension period, and the
9person shall be eligible for a restricted license if the person has
10been convicted of a violation of Section 23103, as specified in
11Section 23103.5, arising out of the same occurrence, has no more
12than two prior alcohol-related convictions within 10 years, as
13specified pursuant to subparagraph (A), and all of the following
14conditions are met:

15(i) The person satisfactorily provides, subsequent to the
16underlying violation date, proof satisfactory to the department of
17enrollment in a nine-month driving-under-the-influence program
18licensed pursuant to Chapter 9 (commencing with Section 11836)
19of Part 2 of Division 10.5 of the Health and Safety Code that
20consists of at least 60 hours of program activities, including
21education, group counseling, and individual interview sessions.

22(ii) The person agrees, as a condition of the restriction, to
23continue satisfactory participation in the program described in
24clause (i).

25(iii) The person installs an ignition interlock device and submits
26the “Verification of Installation” form described in paragraph (2)
27of subdivision (g) of Section 13386.

28(iv) The person agrees to maintain the ignition interlock device
29as required pursuant to subdivision (g) of Section 23575.

30(v) The person provides proof of financial responsibility, as
31defined in Section 16430.

32(vi) The person pays all license fees and any restriction fee
33required by the department.

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

37(D) The department shall advise those persons that are eligible
38under subparagraph (C) that after completion of 90 days of the
39suspension period, the person may apply to the department for a
P32   1restricted driver’s license, subject to the conditions set forth in
2subparagraph (C).

3(E) The restricted driving privilege shall become effective when
4the department receives all of the documents and fees required
5under subparagraph (C) and remain in effect for at least the
6remaining period of the original suspension and until the person
7provides satisfactory proof to the department of successful
8completion of a driving-under-the-influence program licensed
9pursuant to Section 11836 of the Health and Safety Code. The
10restricted driving privilege shall be subject to the following
11conditions:

12(i) If the driving privilege is restricted under this section, proof
13of financial responsibility, as described in Section 16430, shall be
14maintained for three years. If the person does not maintain that
15proof of financial responsibility at any time during the restriction,
16the driving privilege shall be suspended until the proof required
17pursuant to Section 16484 is received by the department.

18(ii) For the purposes of this section, enrollment, participation,
19and completion of an approved program shall occur subsequent
20to the date of the current violation. Credit may not be given to a
21program activity completed prior to the date of the current
22violation.

23(iii) The department shall terminate the restriction issued
24pursuant to this section and shall suspend the privilege to operate
25a motor vehicle pursuant to subparagraph (A) immediately upon
26receipt of notification from the driving-under-the-influence
27program that the person has failed to comply with the program
28requirements. The privilege shall remain suspended until the final
29day of the original suspension imposed pursuant to subparagraph
30(A).

31(iv) The department shall terminate the restriction issued
32pursuant to this section and shall immediately suspend the privilege
33to operate a motor vehicle pursuant to subparagraph (A)
34immediately upon receipt of notification from the installer that a
35person has attempted to remove, bypass, or tamper with the ignition
36interlock device, has removed the device prior to the termination
37date of the restriction, or fails three or more times to comply with
38any requirement for the maintenance or calibration of the ignition
39interlock device ordered pursuant to this section. The privilege
P33   1shall remain suspended for the remaining period of the original
2suspension imposed pursuant to subparagraph (A).

3(3) Notwithstanding any other law, if a person has been
4administratively determined to have been driving in violation of
5Section 23136 or to have refused chemical testing pursuant to
6Section 13353.1, the period of suspension shall not be for less than
7one year.

8(c) If a person’s privilege to operate a motor vehicle is
9suspended pursuant to Section 13353.2 and the person is convicted
10of a violation of Section 23152 or 23153, including, but not limited
11to, a violation described in Section 23620, arising out of the same
12occurrence, both the suspension under Section 13353.2 and the
13suspension or revocation under Section 13352 shall be imposed,
14except that the periods of suspension or revocation shall run
15concurrently, and the total period of suspension or revocation shall
16not exceed the longer of the two suspension or revocation periods.

17(d) For the purposes of this section, a conviction of an offense
18in any state, territory, or possession of the United States, the
19District of Columbia, the Commonwealth of Puerto Rico, or
20Canada that, if committed in this state, would be a violation of
21Section 23103, as specified in Section 23103.5, or Section 23140,
2223152, or 23153, or Section 191.5 or subdivision (a) of Section
23192.5 of the Penal Code, is a conviction of that particular section
24of the Vehicle Code or Penal Code.

25(e) The holder of a commercial driver’s license who was
26operating a commercial motor vehicle, as defined in Section 15210,
27at the time of a violation that resulted in a suspension or revocation
28of the person’s noncommercial driving privilege is not eligible for
29the restricted driver’s license authorized pursuant to this section.

30(f) This section shall become inoperative on July 1, 2017, and,
31as of January 1, 2018, is repealed, unless a later enacted statute,
32that becomes operative on or before January 1, 2018, deletes or
33extends the dates on which it becomes inoperative and is repealed.

34

begin deleteSEC. 6.end delete
35
begin insertSEC. 8.end insert  

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

36

13353.3.  

(a) An order of suspension of a person’s privilege to
37operate a motor vehicle pursuant to Section 13353.2 shall become
38effective 30 days after the person is served with the notice pursuant
39to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

P34   1(b) The period of suspension of a person’s privilege to operate
2a motor vehicle under Section 13353.2 is as follows:

3(1) If the person has not been convicted of a separate violation
4of Section 23103, as specified in Section 23103.5, or Section
523140, 23152, or 23153, or Section 191.5 or subdivision (a) of
6Section 192.5 of the Penal Code, the person has not been
7administratively determined to have refused chemical testing
8pursuant to Section 13353 or 13353.1 of this code, or the person
9has not been administratively determined to have been driving
10with an excessive concentration of alcohol pursuant to Section
1113353.2 on a separate occasion, which offense or occurrence
12occurred within 10 years of the occasion in question, the person’s
13privilege to operate a motor vehicle shall be suspended for four
14months.

15(2) (A) If the person has been convicted of one or more separate
16violations of Section 23103, as specified in Section 23103.5, or
17Section 23140, 23152, or 23153, or Section 191.5 or subdivision
18(a) of Section 192.5 of the Penal Code, the person has been
19administratively determined to have refused chemical testing
20pursuant to Section 13353 or 13353.1 of this code, or the person
21has been administratively determined to have been driving with
22an excessive concentration of alcohol pursuant to Section 13353.2
23on a separate occasion, which offense or occasion occurred within
2410 years of the occasion in question, the person’s privilege to
25operate a motor vehicle shall be suspended for one year, except
26as provided in subparagraphs (B) and (C).

27(B) The one-year suspension pursuant to subparagraph (A) shall
28terminate if the person has been convicted of a violation arising
29out of the same occurrence and all of the following conditions are
30met:

31(i) The person is eligible for a restricted driver’s license pursuant
32to Section 13352.

33(ii) The person installs an ignition interlock device as required
34in Section 13352 for that restricted driver’s license.

35(iii) The person complies with all other applicable conditions
36of Section 13352 for a restricted driver’s license.

37(C) The one-year suspension pursuant to subparagraph (A) shall
38terminate after completion of a 90-day suspension period, and the
39person shall be eligible for a restricted license if the person has
40been convicted of a violation of Section 23103, as specified in
P35   1Section 23103.5, arising out of the same occurrence, has no more
2than two prior alcohol-related convictions within 10 years, as
3specified pursuant to subparagraph (A), and all of the following
4conditions are met:

5(i) The person satisfactorily provides, subsequent to the
6underlying violation date, proof satisfactory to the department of
7enrollment in a nine-month driving-under-the-influence program
8licensed pursuant to Chapter 9 (commencing with Section 11836)
9of Part 2 of Division 10.5 of the Health and Safety Code that
10consists of at least 60 hours of program activities, including
11education, group counseling, and individual interview sessions.

12(ii) The person agrees, as a condition of the restriction, to
13continue satisfactory participation in the program described in
14clause (i).

15(iii) The person installs an ignition interlock device and submits
16the “Verification of Installation” form described in paragraph (2)
17of subdivision (g) of Section 13386.

18(iv) The person agrees to maintain the ignition interlock device
19as required under Section 23575.3.

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

22(vi) The person pays all license fees and any restriction fee
23required by the department.

24(vii) The person pays to the department a fee sufficient to cover
25the costs of administration of this paragraph, as determined by the
26department.

27(D) The department shall advise those persons that are eligible
28under subparagraph (C) that after completion of 90 days of the
29suspension period, the person may apply to the department for a
30restricted driver’s license, subject to the conditions set forth in
31subparagraph (C).

32(E) The restricted driving privilege shall become effective when
33the department receives all of the documents and fees required
34under subparagraph (C) and remain in effect for at least the
35remaining period of the original suspension and until the person
36provides satisfactory proof to the department of successful
37completion of a driving-under-the-influence program licensed
38pursuant to Section 11836 of the Health and Safety Code. The
39restricted driving privilege shall be subject to the following
40conditions:

P36   1(i) If the driving privilege is restricted under this section, proof
2of financial responsibility, as described in Section 16430, shall be
3maintained for three years. If the person does not maintain that
4proof of financial responsibility at any time during the restriction,
5the driving privilege shall be suspended until the proof required
6pursuant to Section 16484 is received by the department.

7(ii) For the purposes of this section, enrollment, participation,
8and completion of an approved program shall occur subsequent
9to the date of the current violation. Credit may not be given to a
10program activity completed prior to the date of the current
11violation.

12(iii) The department shall terminate the restriction issued
13pursuant to this section and shall suspend the privilege to operate
14a motor vehicle pursuant to subparagraph (A) immediately upon
15receipt of notification from the driving-under-the-influence
16program that the person has failed to comply with the program
17requirements. The privilege shall remain suspended until the final
18day of the original suspension imposed pursuant to subparagraph
19(A).

20(iv) The department shall terminate the restriction issued
21pursuant to this section and shall immediately suspend the privilege
22to operate a motor vehicle pursuant to subparagraph (A)
23immediately upon receipt of notification from the installer that a
24person has attempted to remove, bypass, or tamper with the ignition
25interlock device, has removed the device prior to the termination
26date of the restriction, or fails three or more times to comply with
27any requirement for the maintenance or calibration of the ignition
28interlock device ordered pursuant to this section. The privilege
29shall remain suspended for the remaining period of the original
30 suspension imposed pursuant to subparagraph (A).

31(3) Notwithstanding any other law, if a person has been
32administratively determined to have been driving in violation of
33Section 23136 or to have refused chemical testing pursuant to
34Section 13353.1, the period of suspension shall not be for less than
35one year.

36(c) If a person’s privilege to operate a motor vehicle is
37suspended pursuant to Section 13353.2 and the person is convicted
38of a violation of Section 23152 or 23153, including, but not limited
39to, a violation described in Section 23620, arising out of the same
40occurrence, both the suspension under Section 13353.2 and the
P37   1suspension or revocation under Section 13352 shall be imposed,
2except that the periods of suspension or revocation shall run
3concurrently, and the total period of suspension or revocation shall
4not exceed the longer of the two suspension or revocation periods.

5(d) For the purposes of this section, a conviction of an offense
6in any state, territory, or possession of the United States, the
7District of Columbia, the Commonwealth of Puerto Rico, or
8Canada that, if committed in this state, would be a violation of
9Section 23103, as specified in Section 23103.5, or Section 23140,
1023152, or 23153, or Section 191.5 or subdivision (a) of Section
11192.5 of the Penal Code, is a conviction of that particular section
12of the Vehicle Code or Penal Code.

13(e) The holder of a commercial driver’s license who was
14operating a commercial motor vehicle, as defined in Section 15210,
15at the time of a violation that resulted in a suspension or revocation
16 of the person’s noncommercial driving privilege is not eligible for
17the restricted driver’s license authorized pursuant to this section.

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

19

begin deleteSEC. 7.end delete
20
begin insertSEC. 9.end insert  

Section 13353.4 of the Vehicle Code is amended to
21read:

22

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
23or 13353.8, the driving privilege shall not be restored, and a
24restricted or hardship permit to operate a motor vehicle shall not
25be issued, to a person during the suspension or revocation period
26specified in Section 13353, 13353.1, or 13353.3.

27(b) The privilege to operate a motor vehicle shall not be restored
28after a suspension or revocation pursuant to Section 13352, 13353,
2913353.1, or 13353.2 until all applicable fees, including the fees
30prescribed in Section 14905, have been paid and the person gives
31proof of financial responsibility, as defined in Section 16430, to
32the department.

33(c) This section shall become inoperative on July 1, 2017, and,
34as of January 1, 2018, is repealed, unless a later enacted statute,
35that becomes operative on or before January 1, 2018, deletes or
36extends the dates on which it becomes inoperative and is repealed.

37

begin deleteSEC. 8.end delete
38
begin insertSEC. 10.end insert  

Section 13353.4 is added to the Vehicle Code, to
39read:

P38   1

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
213353.7, or 13353.8, the driving privilege shall not be restored,
3and a restricted or hardship permit to operate a motor vehicle shall
4not be issued, to a person during the suspension or revocation
5period specified in Section 13353, 13353.1, or 13353.3.

6(b) The privilege to operate a motor vehicle shall not be restored
7after a suspension or revocation pursuant to Section 13352, 13353,
813353.1, or 13353.2 until all applicable fees, including the fees
9prescribed in Section 14905, have been paid and the person gives
10proof of financial responsibility, as defined in Section 16430, to
11the department.

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

13

begin deleteSEC. 9.end delete
14
begin insertSEC. 11.end insert  

Section 13353.5 of the Vehicle Code is amended to
15read:

16

13353.5.  

(a) If a person whose driving privilege is suspended
17or revoked under Section 13352, former Section 13352.4, Section
1813352.4, Section 13352.6, paragraph (1) of subdivision (g) of
19Section 23247, or paragraph (2) of subdivision (f) of Section 23575
20is a resident of another state at the time the mandatory period of
21suspension or revocation expires, the department may terminate
22the suspension or revocation, upon written application of the
23person, for the purpose of allowing the person to apply for a license
24in his or her state of residence. The application shall include, but
25need not be limited to, evidence satisfactory to the department that
26the applicant now resides in another state.

27(b) If the person submits an application for a California driver’s
28license within three years after the date of the action to terminate
29suspension or revocation pursuant to subdivision (a), a license
30shall not be issued until evidence satisfactory to the department
31establishes that the person is qualified for reinstatement and no
32grounds exist including, but not limited to, one or more subsequent
33convictions for driving under the influence of alcohol or other
34drugs that would support a refusal to issue a license. The
35department may waive the three-year requirement if the person
36provides the department with proof of financial responsibility, as
37defined in Section 16430, and proof satisfactory to the department
38of successful completion of a driving-under-the-influence program
39described in Section 13352, and the driving-under-the-influence
P39   1program is of the length required under paragraphs (1) to (7),
2inclusive, of subdivision (a) of Section 13352.

3(c) For the purposes of this section, “state” includes a foreign
4province or country.

5(d) 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

begin deleteSEC. 10.end delete
10
begin insertSEC. 12.end insert  

Section 13353.5 is added to the Vehicle Code, to
11read:

12

13353.5.  

(a) If a person whose driving privilege is suspended
13or revoked under Section 13352, former Section 13352.4, Section
1413352.4, Section 13352.6, paragraph (1) of subdivision (g) of
15Section 23247, or paragraph (3) of subdivision (e) of Section 13352
16is a resident of another state at the time the mandatory period of
17suspension or revocation expires, the department may terminate
18the suspension or revocation, upon written application of the
19person, for the purpose of allowing the person to apply for a license
20in his or her state of residence. The application shall include, but
21need not be limited to, evidence satisfactory to the department that
22the applicant now resides in another state.

23(b) If the person submits an application for a California driver’s
24license within three years after the date of the action to terminate
25suspension or revocation pursuant to subdivision (a), a license
26shall not be issued until evidence satisfactory to the department
27establishes that the person is qualified for reinstatement and no
28grounds exist including, but not limited to, one or more subsequent
29convictions for driving under the influence of alcohol or other
30drugs that would support a refusal to issue a license. The
31department may waive the three-year requirement if the person
32provides the department with proof of financial responsibility, as
33defined in Section 16430, and proof satisfactory to the department
34of successful completion of a driving-under-the-influence program
35described in Section 13352, and the driving-under-the-influence
36program is of the length required under paragraphs (1) to (7),
37inclusive, of subdivision (a) of Section 13352.

38(c) For the purposes of this section, “state” includes a foreign
39province or country.

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

P40   1

begin deleteSEC. 11.end delete
2
begin insertSEC. 13.end insert  

Section 13353.6 is added to the Vehicle Code, to
3read:

4

13353.6.  

(a) Notwithstanding any other law, a person whose
5driving privilege has been suspended under Section 13353.2 and
6who is eligible for a restricted driver’s license as provided for in
7Sectionbegin delete 13353.3 orend delete 13353.7begin insert or 13353.75end insert may be eligible for a
8restricted driver’s license without serving any period of the
9suspension if the person meets all of the eligibility requirements
10specified in those sections and the person does both of the
11following:

12(1)  The person installs an ignition interlock device on any
13vehicle that he or she own or operates and submits the “Verification
14of Installation” form described in paragraph (2) of subdivision (g)
15of Section 13386.

16(2) The person agrees to maintain the ignition interlock device
17as required under Section 23575.3.

18(b) A person whose driving privilege has been suspended under
19Section 13353.2 may install an ignition interlock device prior to
20the effective date specified in Section 13353.3. A person who
21installs an ignition interlock device pursuant to this subdivision,
22meets all of the eligibility requirements specified in Section
23begin delete 13353.3 or 13353.7,end deletebegin insert 13353.7 or 13353.75end insert and complies with
24paragraphs (1) and (2) of subdivision (a) is eligible for a restricted
25driver’s license on the effective date specified in Section 13353.3.

26(c) The department shall terminate the restriction issued pursuant
27to Sectionbegin delete 13353.3 orend delete 13353.7begin insert or 13353.75end insert and shall immediately
28reinstate the suspension of the privilege to operate a motor vehicle
29upon receipt of notification from the ignition interlock device
30installer that a person has attempted to remove, bypass, or tamper
31with the ignition interlock device, has removed the device prior
32to the termination date of the restriction, or fails three or more
33times to comply with any requirement for the maintenance or
34calibration of the ignition interlock device. The privilege shall
35remain suspended for the remaining mandatory suspension period
36imposed pursuant to Section 13353.3.

37(d) Notwithstanding any other law, for a person whose driving
38privilege has been suspended under Section 13353.2, who is
39eligible for a restricted driver’s license as provided for in Section
40begin delete 13353.7,end deletebegin insert 13353.7 or 13353.75,end insert and who installs an ignition
P41   1interlock device pursuant to thisbegin delete section, aend deletebegin insert section or Section
213353.75, both of the following shall apply:end insert

begin insert

3
(1) The person shall receive credit towards the mandatory term
4the person is required to install an ignition interlock device
5pursuant to Section 23575.3 for a conviction of a violation arising
6out of the same occurrence that led to the person’s driving privilege
7being suspended pursuant to Section 13352.2 equal to the period
8of time the person installs an ignition interlock device pursuant
9to this section or Section 13353.75.

end insert

10begin insert (2)end insertbegin insertend insertbegin insertAend insert court shall reduce thebegin delete fine amountend deletebegin insert total amount of the
11fine, fees, and penaltiesend insert
by up to five hundred dollars ($500) for
12a conviction of a violation arising out of the same occurrence that
13led to the person’s driving privilege beingbegin delete suspended.end deletebegin insert suspended
14pursuant to Section 13353.2.end insert

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

16begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 13353.75 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
17read:end insert

begin insert
18

begin insert13353.75.end insert  

(a) Subject to subdivision (d), a person who has
19been previously convicted of, or found to have committed, a
20separate violation of Section 23103, as specified in Section
2123103.5, or Section 23140, 23152, or 23153, or Section 191.5 or
22subdivision (a) of Section 192.5 of the Penal Code, or whose
23privilege to operate a motor vehicle has been suspended or revoked
24pursuant to Section 13353 or 13353.2 for an offense that occurred
25on a separate occasion within 10 years of the occasion in question
26may apply to the department for a restricted driver’s license if the
27person meets all of the following requirements:

28
(1) (A) The person satisfactorily provides proof of enrollment
29in a driving-under-the-influence program licensed under Section
3011836 of the Health and Safety Code, as described in subdivision
31(b) of Section 23538.

32
(B) The program shall report any failure to participate in the
33program to the department and shall certify successful completion
34of the program to the department.

35
(C) If a person who has been issued a restricted license under
36this section fails at any time to participate in the program, the
37department shall suspend the restricted license immediately. The
38department shall give notice of the suspension under this
39paragraph in the same manner as prescribed in subdivision (b) of
P42   1Section 13353.2 for the period specified in Section 13353.3, that
2is effective upon receipt by the person.

3
(2) The person was 21 years of age or older at the time the
4offense occurred and gives proof of financial responsibility as
5defined in Section 16430.

6
(3) The person has not been arrested subsequent to the offense
7for which the person’s driving privilege has been suspended under
8Section 13353.2 for a violation of Section 23103, as specified in
9Section 23103.5, or Section 23140, 23152, or 23153, or Section
10191.5 or subdivision (a) of Section 192.5 of the Penal Code, and
11the person’s privilege to operate a motor vehicle has not been
12suspended or revoked pursuant to Section 13353 or 13353.2 for
13an offense that occurred on a separate occasion, notwithstanding
14Section 13551.

15
(4) The person installs an ignition interlock device on any
16vehicle that he or she owns or operates and submits the
17“Verification of Installation” form described in paragraph (2) of
18subdivision (g) of Section 13386.

19
(5) The person agrees to maintain the ignition interlock device
20as required under Section 23575.3.

21
(b) The restriction shall remain in effect for the remaining period
22of the original suspension under Section 13353.2.

23
(c) Notwithstanding subdivisions (a) and (b), and upon a
24conviction under Section 23152 or 23153 for the current offense,
25the department shall suspend or revoke the person’s privilege to
26operate a motor vehicle under Section 13352.

27
(d) If the driver was operating a commercial vehicle, as defined
28in Section 15210, at the time of the violation that resulted in the
29suspension of that person’s driving privilege under Section
3013353.2, the department shall, pursuant to this section, if the
31person is otherwise eligible, issue the person a class C or class M
32driver’s license restricted in the same manner and subject to the
33same conditions as specified in subdivision (a), except that the
34license may not allow travel to and from or in the course of the
35person’s employment.

36
(e) If the holder of a commercial driver’s license was operating
37a motor vehicle, other than a commercial vehicle as defined in
38Section 15210, at the time of the violation that resulted in the
39suspension of that person’s driving privilege pursuant to Section
4013353.2, the department shall, pursuant to this section, if the
P43   1person is otherwise eligible, issue the person a class C or class M
2driver’s license restricted in the same manner and subject to the
3same conditions as specified in subdivision (a).

end insert
4

begin deleteSEC. 12.end delete
5
begin insertSEC. 15.end insert  

Section 13386 of the Vehicle Code is amended to
6read:

7

13386.  

(a) (1) The department shall certify or cause to be
8certified ignition interlock devices required by Article 5
9(commencing with Section 23575) of Chapter 2 of Division 11.5
10and publish a list of approved devices.

11(2) (A) The department shall ensure that ignition interlock
12devices that have been certified according to the requirements of
13this section continue to meet certification requirements. The
14department may periodically require manufacturers to indicate in
15writing whether the devices continue to meet certification
16requirements.

17(B) The department may use denial of certification, suspension
18or revocation of certification, or decertification of an ignition
19interlock device in another state as an indication that the
20certification requirements are not met, if either of the following
21apply:

22(i) The denial of certification, suspension or revocation of
23certification, or decertification in another state constitutes a
24violation by the manufacturer of Article 2.55 (commencing with
25Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
26California Code of Regulations.

27(ii) The denial of certification for an ignition interlock device
28in another state was due to a failure of an ignition interlock device
29to meet the standards adopted by the regulation set forth in clause
30(i), specifically Sections 1 and 2 of the model specification for
31breath alcohol ignition interlock devices, as published by notice
32in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
33on pages 11774 to 11787, inclusive.

34(C) Failure to continue to meet certification requirements shall
35result in suspension or revocation of certification of ignition
36interlock devices.

37(b) (1) A manufacturer shall not furnish an installer, service
38center, technician, or consumer with technology or information
39that allows a device to be used in a manner that is contrary to the
40purpose for which it is certified.

P44   1(2) Upon a violation of paragraph (1), the department shall
2suspend or revoke the certification of the ignition interlock device
3that is the subject of that violation.

4(c) An installer, service center, or technician shall not tamper
5with, change, or alter the functionality of the device from its
6certified criteria.

7(d) The department shall utilize information from an
8independent, accredited (ISO/IEC 17025) laboratory to certify
9ignition interlock devices of the manufacturer or manufacturer’s
10agent, in accordance with the guidelines. The cost of certification
11shall be borne by the manufacturers of ignition interlock devices.
12If the certification of a device is suspended or revoked, the
13manufacturer of the device shall be responsible for, and shall bear
14the cost of, the removal of the device and the replacement of a
15certified device of the manufacturer or another manufacturer.

16(e) No model of ignition interlock device shall be certified unless
17it meets the accuracy requirements and specifications provided in
18the guidelines adopted by the National Highway Traffic Safety
19Administration.

20(f) All manufacturers of ignition interlock devices that meet the
21requirements of subdivision (e) and are certified in a manner
22approved by the department, who intend to market the devices in
23this state, first shall apply to the department on forms provided by
24that department. The application shall be accompanied by a fee in
25an amount not to exceed the amount necessary to cover the costs
26incurred by the department in carrying out this section.

27(g) The department shall ensure that standard forms and
28procedures are developed for documenting decisions and
29 compliance and communicating results to relevant agencies. These
30forms shall include all of the following:

31(1) An “Option to Install,” to be sent by the department to repeat
32offenders along with the mandatory order of suspension or
33revocation. This shall include the alternatives available for early
34license reinstatement with the installation of an ignition interlock
35device and shall be accompanied by a toll-free telephone number
36for each manufacturer of a certified ignition interlock device.
37Information regarding approved installation locations shall be
38provided to drivers by manufacturers with ignition interlock devices
39that have been certified in accordance with this section.

P45   1(2) A “Verification of Installation” to be returned to the
2department by the reinstating offender upon application for
3reinstatement. Copies shall be provided for the manufacturer or
4the manufacturer’s agent.

5(3) A “Notice of Noncompliance” and procedures to ensure
6continued use of the ignition interlock device during the restriction
7period and to ensure compliance with maintenance requirements.
8The maintenance period shall be standardized at 60 days to
9maximize monitoring checks for equipment tampering.

10(h) Every manufacturer and manufacturer’s agent certified by
11the department to provide ignition interlock devices shall adopt
12fee schedules that provide for the payment of the costs of the device
13by applicants in amounts commensurate with the applicant’s ability
14to pay.

15(i) A person who manufacturers, installs, services, or repairs,
16or otherwise deals in ignition interlock devices shall not disclose,
17sell, or transfer to a third party any individually identifiable
18information pertaining to individuals who are required by law to
19install an ignition interlock device on a vehicle that he or she owns
20or operates, except to the extent necessary to confirm or deny that
21an individual has complied with ignition interlock device
22installation and maintenance requirements.

23

begin deleteSEC. 13.end delete
24
begin insertSEC. 16.end insert  

Section 23103.5 of the Vehicle Code is amended to
25read:

26

23103.5.  

(a)  If the prosecution agrees to a plea of guilty or
27nolo contendere to a charge of a violation of Section 23103 in
28satisfaction of, or as a substitute for, an original charge of a
29violation of Section 23152, the prosecution shall state for the record
30a factual basis for the satisfaction or substitution, including whether
31or not there had been consumption of an alcoholic beverage or
32ingestion or administration of a drug, or both, by the defendant in
33connection with the offense. The statement shall set forth the facts
34that show whether or not there was a consumption of an alcoholic
35beverage or the ingestion or administration of a drug by the
36defendant in connection with the offense.

37(b) The court shall advise the defendant, prior to the acceptance
38of the plea offered pursuant to a factual statement pursuant to
39subdivision (a), of the consequences of a conviction of a violation
40of Section 23103 as set forth in subdivision (c).

P46   1(c) If the court accepts the defendant’s plea of guilty or nolo
2contendere to a charge of a violation of Section 23103 and the
3prosecutor’s statement under subdivision (a) states that there was
4consumption of an alcoholic beverage or the ingestion or
5administration of a drug by the defendant in connection with the
6offense, the resulting conviction shall be a prior offense for the
7purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
8as specified in those sections.

9(d) The court shall notify the Department of Motor Vehicles of
10each conviction of Section 23103 that is required under this section
11to be a prior offense for purposes of Section 23540, 23546, 23550,
1223560, 23566, or 23622.

13(e) Except as provided in paragraph (1) of subdivision (f), if the
14court places the defendant on probation for a conviction of Section
1523103 that is required under this section to be a prior offense for
16purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
17the court shall order the defendant to enroll in an alcohol and drug
18education program licensed under Chapter 9 (commencing with
19Section 11836) of Part 2 of Division 10.5 of the Health and Safety
20Code and complete, at a minimum, the educational component of
21that program, as a condition of probation. If compelling
22circumstances exist that mitigate against including the education
23component in the order, the court may make an affirmative finding
24to that effect. The court shall state the compelling circumstances
25and the affirmative finding on the record, and may, in these cases,
26exclude the educational component from the order.

27(f) (1) If the court places on probation a defendant convicted
28of a violation of Section 23103 that is required under this section
29to be a prior offense for purposes of Section 23540, 23546, 23550,
3023560, 23566, or 23622, and that offense occurred within 10 years
31of a separate conviction of a violation of Section 23103, as
32specified in this section, or within 10 years of a conviction of a
33violation of Section 23152 or 23153, the court shall order the
34defendant to participate for nine months or longer, as ordered by
35the court, in a program licensed under Chapter 9 (commencing
36with Section 11836) of Part 2 of Division 10.5 of the Health and
37Safety Code that consists of at least 60 hours of program activities,
38including education, group counseling, and individual interview
39sessions.

P47   1(2) The court shall revoke the person’s probation, except for
2good cause shown, for the failure to enroll in, participate in, or
3complete a program specified in paragraph (1).

4(g) Beginning July 1, 2017, the court may require a person
5convicted of a violation of Section 23103, as described in this
6section, to install a certified ignition interlock device on any vehicle
7that the person owns or operates and prohibit that person from
8operating a motor vehicle unless that vehicle is equipped with a
9functioning, certified ignition interlock device. If the court orders
10the ignition interlock device restriction, the term shall be
11determined by the court for a period of at least three months, but
12no longer than the term specified in Section 23575.3 that would
13have applied to the defendant had he or she instead been convicted
14of a violation of Section 23152, from the date of conviction. The
15court shall notify the Department of Motor Vehicles, as specified
16in subdivision (a) of Section 1803, of the terms of the restrictions
17in accordance with subdivision (a) of Section 1804. The
18Department of Motor Vehicles shall place the restriction in the
19person’s records in the Department of Motor Vehicles. A person
20who is required to install an ignition interlock device pursuant to
21this subdivision shall submit the “Verification of Installation” form
22described in paragraph (2) of subdivision (g) of Section 13386 and
23maintain the ignition interlock device as required under subdivision
24(f) of Section 23575.3. The department shall monitor the
25installation and maintenance of the ignition interlock device
26installed pursuant to this subdivision.

27(h) The Department of Motor Vehicles shall include in its annual
28report to the Legislature under Section 1821 an evaluation of the
29effectiveness of the programs described in subdivisions (e) and
30(g) as to treating persons convicted of violating Section 23103.

31

begin deleteSEC. 14.end delete
32
begin insertSEC. 17.end insert  

Section 23247 of the Vehicle Code is amended to
33read:

34

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
35or lend a motor vehicle to another person known to have had his
36or her driving privilege restricted as provided in Section 13352,
3723575, or 23700, unless the vehicle is equipped with a functioning,
38certified ignition interlock device. A person, whose driving
39privilege is restricted pursuant to Section 13352, 23575, or 23700
40shall notify any other person who rents, leases, or loans a motor
P48   1vehicle to him or her of the driving restriction imposed under that
2section.

3(b) It is unlawful for any person whose driving privilege is
4restricted pursuant to Section 13352, 23575, or 23700 to request
5or solicit any other person to blow into an ignition interlock device
6or to start a motor vehicle equipped with the device for the purpose
7of providing the person so restricted with an operable motor
8vehicle.

9(c) It is unlawful to blow into an ignition interlock device or to
10start a motor vehicle equipped with the device for the purpose of
11providing an operable motor vehicle to a person whose driving
12privilege is restricted pursuant to Section 13352, 23575, or 23700.

13(d) It is unlawful to remove, bypass, or tamper with, an ignition
14interlock device.

15(e) It is unlawful for any person whose driving privilege is
16restricted pursuant to Section 13352, 23575, or 23700 to operate
17any vehicle not equipped with a functioning ignition interlock
18device.

19(f) Any person convicted of a violation of this section shall be
20punished by imprisonment in a county jail for not more than six
21months or by a fine of not more than five thousand dollars ($5,000),
22or by both that fine and imprisonment.

23(g) (1) If any person whose driving privilege is restricted
24pursuant to Section 13352 is convicted of a violation of subdivision
25(e), the court shall notify the Department of Motor Vehicles, which
26shall immediately terminate the restriction and shall suspend or
27revoke the person’s driving privilege for the remaining period of
28the originating suspension or revocation and until all reinstatement
29requirements in Section 13352 are met.

30(2) If any person who is restricted pursuant to subdivision (a)
31or (l) of Section 23575 or Section 23700 is convicted of a violation
32of subdivision (e), the department shall suspend the person’s
33driving privilege for one year from the date of the conviction.

34(h) Notwithstanding any other law, if a vehicle in which an
35ignition interlock device has been installed is impounded, the
36manufacturer or installer of the device shall have the right to
37remove the device from the vehicle during normal business hours.
38No charge shall be imposed for the removal of the device nor shall
39the manufacturer or installer be liable for any removal, towing,
40impoundment, storage, release, or administrative costs or penalties
P49   1associated with the impoundment. Upon request, the person seeking
2to remove the device shall present documentation to justify removal
3of the device from the vehicle. Any damage to the vehicle resulting
4from the removal of the device is the responsibility of the person
5removing it.

6(i) This section shall become inoperative on July 1, 2017, and,
7as of January 1, 2018, is repealed, unless a later enacted statute,
8that becomes operative on or before January 1, 2018, deletes or
9extends the dates on which it becomes inoperative and is repealed.

10

begin deleteSEC. 15.end delete
11
begin insertSEC. 18.end insert  

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

12

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
13or lend a motor vehicle to another person known to have had his
14or her driving privilege restricted as provided in Section 13352,
1513352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
16with a functioning, certified ignition interlock device. A person,
17whose driving privilege is restricted pursuant to Section 13352,
1813352.4, 23575, 23575.3, or 23700 shall notify any other person
19who rents, leases, or loans a motor vehicle to him or her of the
20driving restriction imposed under that section.

21(b) It is unlawful for any person whose driving privilege is
22restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
2323700 to request or solicit any other person to blow into an ignition
24interlock device or to start a motor vehicle equipped with the device
25for the purpose of providing the person so restricted with an
26operable motor vehicle.

27(c) It is unlawful to blow into an ignition interlock device or to
28start a motor vehicle equipped with the device for the purpose of
29providing an operable motor vehicle to a person whose driving
30privilege is restricted pursuant to Section 13352, 13352.4, 23575,
3123575.3, or 23700.

32(d) It is unlawful to remove, bypass, or tamper with, an ignition
33interlock device.

34(e) It is unlawful for any person whose driving privilege is
35restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
3623700 to operate any vehicle not equipped with a functioning
37ignition interlock device.

38(f) Any person convicted of a violation of this section shall be
39punished by imprisonment in a county jail for not more than six
P50   1months or by a fine of not more than five thousand dollars ($5,000),
2or by both that fine and imprisonment.

3(g) (1) If any person whose driving privilege is restricted
4pursuant to Section 13352 or 13352.4 is convicted of a violation
5of subdivision (e), the court shall notify the Department of Motor
6Vehicles, which shall immediately terminate the restriction and
7shall suspend or revoke the person’s driving privilege for the
8remaining period of the originating suspension or revocation and
9until all reinstatement requirements in Section 13352 are met.

10(2) If any person who is restricted pursuant to Section 23575.3,
11subdivision (a) or (i) of Section 23575, or Section 23700 is
12convicted of a violation of subdivision (e), the department shall
13suspend the person’s driving privilege for one year from the date
14of the conviction.

15(h) Notwithstanding any other law, if a vehicle in which an
16ignition interlock device has been installed is impounded, the
17manufacturer or installer of the device shall have the right to
18remove the device from the vehicle during normal business hours.
19No charge shall be imposed for the removal of the device nor shall
20the manufacturer or installer be liable for any removal, towing,
21impoundment, storage, release, or administrative costs or penalties
22associated with the impoundment. Upon request, the person seeking
23to remove the device shall present documentation to justify removal
24of the device from the vehicle. Any damage to the vehicle resulting
25from the removal of the device is the responsibility of the person
26removing it.

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

28

begin deleteSEC. 16.end delete
29
begin insertSEC. 19.end insert  

Section 23573 of the Vehicle Code is amended to
30read:

31

23573.  

(a) The Department of Motor Vehicles, upon receipt
32of the court’s abstract of conviction for a violation listed in
33subdivision (j), shall inform the convicted person of the
34requirements of this section and the term for which the person is
35required to have a certified ignition interlock device installed. The
36records of the department shall reflect the mandatory use of the
37device for the term required and the time when the device is
38required to be installed pursuant to this code.

P51   1(b) The department shall advise the person that installation of
2an ignition interlock device on a vehicle does not allow the person
3to drive without a valid driver’s license.

4(c) A person who is notified by the department pursuant to
5subdivision (a) shall, within 30 days of notification, complete all
6of the following:

7(1) Arrange for each vehicle owned or operated by the person
8to be fitted with an ignition interlock device by a certified ignition
9interlock device provider under Section 13386.

10(2) Notify the department and provide to the department proof
11of installation by submitting the “Verification of Installation” form
12described in paragraph (2) of subdivision (g) of Section 13386.

13(3) Pay to the department a fee sufficient to cover the costs of
14administration of this section, including startup costs, as determined
15by the department.

16(d) The department shall place a restriction on the driver’s
17license record of the convicted person that states the driver is
18restricted to driving only vehicles equipped with a certified ignition
19interlock device.

20(e) (1) A person who is notified by the department pursuant to
21subdivision (a) shall arrange for each vehicle with an ignition
22interlock device to be serviced by the installer at least once every
2360 days in order for the installer to recalibrate and monitor the
24operation of the device.

25(2) The installer shall notify the department if the device is
26removed or indicates that the person has attempted to remove,
27bypass, or tamper with the device, or if the person fails three or
28more times to comply with any requirement for the maintenance
29or calibration of the ignition interlock device.

30(f) The department shall monitor the installation and
31maintenance of the ignition interlock device installed pursuant to
32subdivision (a).

33(g) (1) A person who is notified by the department, pursuant
34to subdivision (a), is exempt from the requirements of subdivision
35(c) if all of the following circumstances occur:

36(A) Within 30 days of the notification, the person certifies to
37the department all of the following:

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

39(ii) The person does not have access to a vehicle at his or her
40residence.

P52   1(iii) The person no longer has access to the vehicle being driven
2by the person when he or she was arrested for a violation that
3subsequently resulted in a conviction for a violation listed in
4subdivision (j).

5(iv) The person acknowledges that he or she is only allowed to
6drive a vehicle that is fitted with an operating ignition interlock
7device and that he or she is required to have a valid driver’s license
8before he or she can drive.

9(v) The person is subject to the requirements of this section
10when he or she purchases or has access to a vehicle.

11(B) The person’s driver’s license record has been restricted
12pursuant to subdivision (d).

13(C) The person complies with this section immediately upon
14commencing ownership or operation of a vehicle subject to the
15required installation of an ignition interlock device.

16(2) A person who has been granted an exemption pursuant to
17this subdivision and who subsequently drives a vehicle in violation
18of the exemption is subject to the penalties of subdivision (i) in
19addition to any other applicable penalties in law.

20(h) This section does not permit a person to drive without a
21valid driver’s license.

22(i) A person who is required under subdivision (c) to install an
23ignition interlock device who willfully fails to install the ignition
24interlock device within the time period required under subdivision
25(c) is guilty of a misdemeanor and shall be punished by
26imprisonment in a county jail for not more than six months or by
27a fine of not more than five thousand dollars ($5,000), or by both
28that fine and imprisonment.

29(j) In addition to all other requirements of this code, a person
30convicted of any of the following violations shall be punished as
31follows:

32(1) Upon a conviction of a violation of Section 14601.2,
3314601.4, or 14601.5 subsequent to one prior conviction of a
34violation of Section 23103.5, 23152, or 23153, within a 10-year
35period, the person shall immediately install a certified ignition
36interlock device, pursuant to this section, in all vehicles owned or
37operated by that person for a term of one year.

38(2) Upon a conviction of a violation of Section 14601.2,
3914601.4, or 14601.5 subsequent to two prior convictions of a
40violation of Section 23103.5, 23152, or 23153, within a 10-year
P53   1period, or one prior conviction of Section 14601.2, 14601.4, or
214601.5, within a 10-year period, the person shall immediately
3install a certified ignition interlock device, pursuant to this section,
4in all vehicles owned or operated by that person for a term of two
5years.

6(3) Upon a conviction of a violation of Section 14601.2,
714601.4, or 14601.5 subsequent to three or more prior convictions
8of a violation of Section 23103.5, 23152, or 23153, within a
910-year period, or two or more prior convictions of Section
1014601.2, 14601.4, or 14601.5, within a 10-year period, the person
11shall immediately install a certified ignition interlock device,
12pursuant to this section, in all vehicles owned or operated by that
13person for a term of three years.

14(k) The department shall notify the court if a person subject to
15this section has failed to show proof of installation within 30 days
16of the department informing the person he or she is required to
17install a certified ignition interlock device.

18(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
19to this section.

20(m) The requirements of this section are in addition to any other
21requirements of law.

22(n) This section shall become inoperative on July 1, 2017, and,
23as of January 1, 2018, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2018, deletes or
25extends the dates on which it becomes inoperative and is repealed.

26

begin deleteSEC. 17.end delete
27
begin insertSEC. 20.end insert  

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

28

23573.  

(a) The Department of Motor Vehicles, upon receipt
29of the court’s abstract of conviction for a violation listed in
30subdivision (j), shall inform the convicted person of the
31requirements of this section and the term for which the person is
32required to have a certified ignition interlock device installed. The
33records of the department shall reflect the mandatory use of the
34device for the term required and the time when the device is
35required to be installed pursuant to this code.

36(b) The department shall advise the person that installation of
37an ignition interlock device on a vehicle does not allow the person
38to drive without a valid driver’s license.

P54   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
P55   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
P56   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

begin deleteSEC. 18.end delete
22
begin insertSEC. 21.end insert  

Section 23575 of the Vehicle Code is amended to
23read:

24

23575.  

(a) (1) In addition to any other law, the court may
25require that a person convicted of a first offense violation of
26Section 23152 or 23153 install a certified ignition interlock device
27on any vehicle that the person owns or operates and prohibit that
28person from operating a motor vehicle unless that vehicle is
29equipped with a functioning, certified ignition interlock device.
30The court shall give heightened consideration to applying this
31sanction to a first offense violator with 0.15 percent or more, by
32weight, of alcohol in his or her blood at arrest, or with two or more
33prior moving traffic violations, or to persons who refused the
34chemical tests at arrest. If the court orders the ignition interlock
35device restriction, the term shall be determined by the court for a
36period not to exceed three years from the date of conviction. The
37court shall notify the Department of Motor Vehicles, as specified
38in subdivision (a) of Section 1803, of the terms of the restrictions
39in accordance with subdivision (a) of Section 1804. The
P57   1Department of Motor Vehicles shall place the restriction in the
2person’s records in the Department of Motor Vehicles.

3(2) The court shall require a person convicted of a violation of
4Section 14601.2 to install an ignition interlock device on any
5vehicle that the person owns or operates and prohibit the person
6from operating a motor vehicle unless the vehicle is equipped with
7a functioning, certified ignition interlock device. The term of the
8restriction shall be determined by the court for a period not to
9exceed three years from the date of conviction. The court shall
10notify the Department of Motor Vehicles, as specified in
11subdivision (a) of Section 1803, of the terms of the restrictions in
12accordance with subdivision (a) of Section 1804. The Department
13of Motor Vehicles shall place the restriction in the person’s records
14in the Department of Motor Vehicles.

15(b) The court shall include on the abstract of conviction or
16violation submitted to the Department of Motor Vehicles under
17Section 1803 or 1816 the requirement and term for the use of a
18certified ignition interlock device. The records of the department
19shall reflect mandatory use of the device for the term ordered by
20the court.

21(c) The court shall advise the person that installation of an
22ignition interlock device on a vehicle does not allow the person to
23drive without a valid driver’s license.

24(d) A person whose driving privilege is restricted by the court
25pursuant to this section shall arrange for each vehicle with an
26ignition interlock device to be serviced by the installer at least
27once every 60 days in order for the installer to recalibrate and
28monitor the operation of the device. The installer shall notify the
29court if the device is removed or indicates that the person has
30attempted to remove, bypass, or tamper with the device, or if the
31person fails three or more times to comply with a requirement for
32the maintenance or calibration of the ignition interlock device.
33There is no obligation for the installer to notify the court if the
34person has complied with all of the requirements of this article.

35(e) The court shall monitor the installation and maintenance of
36an ignition interlock device restriction ordered pursuant to
37subdivision (a) or (l). If a person fails to comply with the court
38order, the court shall give notice of the fact to the department
39pursuant to Section 40509.1.

P58   1(f) (1) If a person is convicted of a violation of Section 23152
2or 23153 and the offense occurred within 10 years of one or more
3separate violations of Section 23152 or 23153 that resulted in a
4conviction, or if a person is convicted of a violation of Section
523103, as specified in Section 23103.5, and is suspended for one
6year under Section 13353.3, the person may apply to the
7Department of Motor Vehicles for a restricted driver’s license
8pursuant to Section 13352 or 13353.3 that prohibits the person
9from operating a motor vehicle unless that vehicle is equipped
10with a functioning ignition interlock device, certified pursuant to
11Section 13386. The restriction shall remain in effect for at least
12the remaining period of the original suspension or revocation and
13until all reinstatement requirements in Section 13352 or 13353.4
14are met.

15(2) Pursuant to subdivision (g), the Department of Motor
16Vehicles shall immediately terminate the restriction issued pursuant
17to Section 13352 or 13353.3 and shall immediately suspend or
18revoke the privilege to operate a motor vehicle of a person who
19attempts to remove, bypass, or tamper with the device, who has
20the device removed prior to the termination date of the restriction,
21or who fails three or more times to comply with any requirement
22for the maintenance or calibration of the ignition interlock device
23ordered pursuant to Section 13352 or 13353.3. The privilege shall
24remain suspended or revoked for the remaining period of the
25originating suspension or revocation and until all reinstatement
26requirements in Section 13352 or 13353.4 are met.

27(g) A person whose driving privilege is restricted by the
28Department of Motor Vehicles pursuant to Section 13352 or
2913353.3 shall arrange for each vehicle with an ignition interlock
30device to be serviced by the installer at least once every 60 days
31in order for the installer to recalibrate the device and monitor the
32operation of the device. The installer shall notify the Department
33of Motor Vehicles if the device is removed or indicates that the
34person has attempted to remove, bypass, or tamper with the device,
35or if the person fails three or more times to comply with any
36requirement for the maintenance or calibration of the ignition
37interlock device. There is no obligation on the part of the installer
38to notify the department or the court if the person has complied
39with all of the requirements of this section.

P59   1(h) Nothing in this section permits a person to drive without a
2valid driver’s license.

3(i) The Department of Motor Vehicles shall include information
4along with the order of suspension or revocation for repeat
5offenders informing them that after a specified period of suspension
6or revocation has been completed, the person may either install an
7ignition interlock device on any vehicle that the person owns or
8operates or remain with a suspended or revoked driver’s license.

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

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

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

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

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

P60   1(o) 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(p) 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

begin deleteSEC. 19.end delete
14
begin insertSEC. 22.end insert  

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

15

23575.  

(a) The court shall require a person convicted of a
16violation of Section 14601.2 to install an ignition interlock device
17on any vehicle that the person owns or operates and prohibit the
18person from operating a motor vehicle unless the vehicle is
19equipped with a functioning, certified ignition interlock device.
20The term of the restriction shall be determined by the court for a
21period not to exceed three years 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.

27(b) The court shall include on the abstract of conviction or
28violation submitted to the Department of Motor Vehicles under
29Section 1803 or 1816 the requirement and term for the use of a
30certified ignition interlock device. The records of the department
31shall reflect mandatory use of the device for the term ordered by
32the court.

33(c) The court shall advise the person that installation of an
34ignition interlock device on a vehicle does not allow the person to
35drive without a valid driver’s license.

36(d) A person whose driving privilege is restricted by the court
37pursuant to this section shall arrange for each vehicle with an
38ignition interlock device to be serviced by the installer at least
39once every 60 days in order for the installer to recalibrate and
40monitor the operation of the device. The installer shall notify the
P61   1court if the device is removed or indicates that the person has
2attempted to remove, bypass, or tamper with the device, or if the
3person fails three or more times to comply with a requirement for
4the maintenance or calibration of the ignition interlock device.
5There is no obligation for the installer to notify the court if the
6person has complied with all of the requirements of this article.

7(e) The court shall monitor the installation and maintenance of
8an ignition interlock device restriction ordered pursuant to
9subdivision (a) or (i). If a person fails to comply with the court
10order, the court shall give notice of the fact to the department
11pursuant to Section 40509.1.

12(f) Nothing in this section permits a person to drive without a
13valid driver’s license.

14(g) Pursuant to this section, an out-of-state resident who
15otherwise would qualify for an ignition interlock device restricted
16license in California shall be prohibited from operating a motor
17vehicle in California unless that vehicle is equipped with a
18functioning ignition interlock device. An ignition interlock device
19is not required to be installed on any vehicle owned by the
20defendant that is not driven in California.

21(h) If a medical problem does not permit a person to breathe
22with sufficient strength to activate the device, that person shall
23only have the suspension option.

24(i) This section does not restrict a court from requiring
25installation of an ignition interlock device and prohibiting operation
26of a motor vehicle unless that vehicle is equipped with a
27functioning, certified ignition interlock device for a person to
28whom subdivision (a) does not apply. The term of the restriction
29shall be determined by the court for a period not to exceed three
30years from the date of conviction. The court shall notify the
31Department of Motor Vehicles, as specified in subdivision (a) of
32Section 1803, of the terms of the restrictions in accordance with
33subdivision (a) of Section 1804. The Department of Motor Vehicles
34shall place the restriction in the person’s records in the Department
35of Motor Vehicles.

36(j) For the purposes of this section, “vehicle” does not include
37a motorcycle until the state certifies an ignition interlock device
38that can be installed on a motorcycle. Any person subject to an
39ignition interlock device restriction shall not operate a motorcycle
40for the duration of the ignition interlock device restriction period.

P62   1(k) For the purposes of this section, “owned” means solely
2owned or owned in conjunction with another person or legal entity.
3For purposes of this section, “operates” includes operating a vehicle
4that is not owned by the person subject to this section.

5(l) For the purposes of this section, “bypass” includes, but is
6not limited to, either of the following:

7(1) A combination of failing or not taking the ignition interlock
8device rolling retest three consecutive times.

9(2) An incidence of failing or not taking the ignition interlock
10device rolling retest, when not followed by an incidence of passing
11the ignition interlock rolling retest prior to turning off the vehicle’s
12engine.

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

14

begin deleteSEC. 20.end delete
15
begin insertSEC. 23.end insert  

Section 23575.3 is added to the Vehicle Code, to
16read:

17

23575.3.  

(a) In addition to any other requirement imposed by
18law, a court shall notify a person convicted of a violation listed in
19subdivision (h) that he or she is required to install a certified
20ignition interlock device on any vehicle that the person owns or
21operates and that he or she is prohibited from operating a motor
22vehicle unless that vehicle is equipped with a functioning, certified
23ignition interlock device in accordance with this section.

24(b) The Department of Motor Vehicles, upon receipt of the
25court’s abstract of conviction for a violation listed in subdivision
26(h), shall inform the convicted person of the requirements of this
27section, including the term for which the person is required to have
28a certified ignition interlock device installed. The records of the
29department shall reflect the mandatory use of the device for the
30term required and the time when the device is required to be
31installed by this code.

32(c) The department shall advise the person that installation of
33an ignition interlock device on a vehicle does not allow the person
34to drive without a valid driver’s license.

35(d) (1) A person who is notified by the department pursuant to
36subdivision (b) shall do all of the following:

37(A) Arrange for each vehicle owned or operated by the person
38to be equipped with a functioning ignition interlock device by a
39certified ignition interlock device provider under Section 13386.

P63   1(B) Provide to the department proof of installation by submitting
2the “Verification of Installation” form described in paragraph (2)
3of subdivision (g) of Section 13386.

4(C) Pay a fee, determined by the department, that is sufficient
5to cover the costs of administration of this section.

6(2) A person who is notified by the department pursuant to
7subdivision (b), is exempt from the requirements of this subdivision
8until the time he or she purchases or has access to a vehicle if,
9within 30 days of the notification, the person certifies to the
10department all of the following:

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

12(B) The person does not have access to a vehicle at his or her
13residence.

14(C) The person no longer has access to the vehicle he or she
15was driving at the time he or she was arrested for a violation that
16subsequently resulted in a conviction for a violation listed in
17subdivision (h).

18(D) The person acknowledges that he or she is only allowed to
19drive a vehicle that is equipped with a functioning ignition interlock
20device.

21(E) The person acknowledges that he or she is required to have
22a valid driver’s license before he or she can drive.

23(F) The person acknowledges that he or she is subject to the
24requirements of this section when he or she purchases or has access
25to a vehicle.

26(e) In addition to any other restrictions the department places
27on the driver’s license record of the convicted person when the
28person is issued a restricted driver’s license pursuant to Section
2913352 or 13352.4, the department shall place a restriction on the
30driver’s license record of the person that states the driver is
31restricted to driving only vehicles equipped with a certified ignition
32interlock device for the applicable term.

33(f) (1) A person who is notified by the department pursuant to
34subdivision (b) shall arrange for each vehicle with an ignition
35interlock device to be serviced by the installer at least once every
3660 days in order for the installer to recalibrate and monitor the
37operation of the device.

38(2) The installer shall notify the department if the device is
39removed or indicates that the person has attempted to remove,
40bypass, or tamper with the device, or if the person fails three or
P64   1more times to comply with any requirement for the maintenance
2or calibration of the ignition interlock device.

3(g) The department shall monitor the installation and
4maintenance of the ignition interlock device installed pursuant to
5subdivision (d).

6(h) A person is required to install an ignition interlock device
7pursuant to this section for the applicable term, as follows:

8(1) A person convicted of a violation of subdivision (a), (b),
9(d), or (f) of Section 23152 shall be required to install an ignition
10interlock device, as follows:

11(A) Upon a conviction with no priors, the person shall install
12an ignition interlock device in all vehicles owned or operated by
13that person for a mandatory term of six months.

14(B) Upon a conviction with one prior, the person shall install
15an ignition interlock device in all vehicles owned or operated by
16that person for a mandatory term of 12 months.

17(C) Upon a conviction with two priors, the person shall install
18an ignition interlock device in all vehicles owned or operated by
19that person for a mandatory term of 24 months.

20(D) Upon a conviction with three or more priors, the person
21shall install an ignition interlock device in all vehicles owned or
22operated by that person for a mandatory term of 36 months.

23(2) A person convicted of a violation of (a), (b), (d), or (f) of
24Section 23153 shall install an ignition interlock device, as follows:

25(A) Upon a conviction with no priors, the person shall install
26an ignition interlock device in all vehicles owned or operated by
27that person for a mandatory term of 12 months.

28(B) Upon a conviction with one prior, the person shall install
29an ignition interlock device in all vehicles owned or operated by
30that person for a mandatory term of 24 months.

31(C) Upon a conviction with two priors, the person shall install
32an ignition interlock device in all vehicles owned or operated by
33that person for a mandatory term of 36 months.

34(D) Upon a conviction with three or more priors, the person
35shall install an ignition interlock device in all vehicles owned or
36operated by that person for a mandatory term of 48 months.

37(3) For the purposes of paragraphs (1) and (2), “prior” means
38a conviction for a violation of Section 23103, as specified in
39Section 23103.5, or Section 23140, 23152, or 23153, or Section
40191.5 or subdivision (a) of Section 192.5 of the Penal Code.

P65   1(4) The terms prescribed in this subdivision shall begin once a
2person has complied with subparagraph (B) of paragraph (1) of
3subdivision (d) and either upon the reinstatement of the privilege
4to drive pursuant to Section 13352 or the issuance of a restricted
5driver’s license pursuant to Section 13352 or 13352.4. A person
6shall receive credit for any period in which he or she had a
7restricted driver’s license issued pursuant to Section 13353.3 or
813353.7 and he or she was in compliance with Section 13353.6.

9(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to
10this section.

11(j) If a person fails to comply with any of the requirements
12regarding ignition interlock devices, the period in which the person
13was not in compliance shall not be credited towards the mandatory
14term for which the ignition interlock device is required to be
15installed.

16(k) (1) Every manufacturer and manufacturer’s agent certified
17by the department to provide ignition interlock devices, under
18Section 13386, shall adopt the following fee schedule that provides
19for the payment of the costs of the ignition interlock device by
20offenders subject to this chapter in amounts commensurate with
21that person’s income relative to the federal poverty level, as defined
22in Section 127400 of the Health and Safety Code:

23(A) A person with an income at 100 percent of the federal
24poverty level and below is responsible for 10 percent of the cost
25of the ignition interlock device. The ignition interlock device
26provider is responsible for absorbing the cost of the ignition
27interlock device that is not paid by the person.

28(B) A person with an income at 101 to 200 percent of the federal
29poverty level is responsible for 25 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(C) A person with an income at 201 to 300 percent of the federal
34poverty level is responsible for 50 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(D) A person with an income at 301 to 400 percent of the federal
39poverty level is responsible for 90 percent of the cost of the ignition
40interlock device. The ignition interlock device provider is
P66   1responsible for absorbing the cost of the ignition interlock device
2that is not paid by the person.

3(E) All other offenders are responsible for 100 percent of the
4cost of the ignition interlock device.

5(2) The cost of the ignition interlock device may only be raised
6annually equal to the Consumer Price Index.

begin delete

7(3) The offender’s income may be verified by presentation of
8that person’s current federal income tax return or three months of
9monthly income statements.

end delete
begin insert

10
(3) The ignition interlock device provider shall verify the
11 offender’s income to determine the cost of the ignition interlock
12device pursuant to this subdivision by verifying either of the
13following documents from the offender:

end insert
begin insert

14
(A) Current federal income tax return.

end insert
begin insert

15
(B) Three months of monthly income statements.

end insert

16(l) This section does not permit a person to drive without a valid
17driver’s license.

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

20(n) For the purposes of this section, “vehicle” does not include
21a motorcycle until the state certifies an ignition interlock device
22that can be installed on a motorcycle. A person subject to an
23ignition interlock device restriction shall not operate a motorcycle
24for the duration of the ignition interlock device restriction period.

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

26

begin deleteSEC. 21.end delete
27
begin insertSEC. 24.end insert  

Section 23575.5 is added to the Vehicle Code, to
28read:

29

23575.5.  

(a) On or before June 1, 2021, the Department of
30Motor Vehicles shall report to the Legislature regarding the
31implementation and efficacy of the program enacted by the act
32that added this section.

33(b) The report described in subdivision (a) shall, at a minimum,
34include all of the following:

35(1) Whether anyone who was required to have an ignition
36interlock device installed as a result of the program killed or injured
37anyone in an accident while he or she was operating a vehicle
38under the influence of alcohol.

39(2) Whether anyone who was required to have an ignition
40interlock device installed as a result of the program was convicted
P67   1of an alcohol-related violation of Section 23103, as specified in
2Section 23103.5, or Section 23140, 23152, or 23153, or Section
3191.5 or subdivision (a) of Section 192.5 of the Penal Code during
4the term in which the person was required to have the ignition
5interlock device installed.

6(3) A comparison of the number of injuries and deaths resulting
7from alcohol-related motor vehicle accidents between July 1, 2017,
8and January 1, 2021, inclusive, and during periods of similar
9duration prior to the implementation of the program.

10(4) A comparison of the number of individuals who have been
11convicted more than one time for driving under the influence of
12alcohol between July 1, 2017, and January 1, 2021, inclusive, and
13periods of similar duration prior to the implementation of the
14program.

15(c) The report described in subdivision (a) shall be submitted
16in compliance with Section 9795 of the Government Code.

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

18(2) Pursuant to Section 10231.5 of the Government Code, this
19section shall become inoperative on June 1, 2025, and, as of
20January 1, 2026, is repealed, unless a later enacted statute, that
21becomes operative on or before January 1, 2026, deletes or extends
22the dates on which it becomes inoperative and is repealed.

23

begin deleteSEC. 22.end delete
24
begin insertSEC. 25.end insert  

Section 23576 of the Vehicle Code is amended to
25read:

26

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
27person is required to operate a motor vehicle in the course and
28scope of his or her employment and if the vehicle is owned by the
29employer, the person may operate that vehicle without installation
30of an approved ignition interlock device if the employer has been
31notified by the person that the person’s driving privilege has been
32restricted pursuant to Section 23575 or 23700 and if the person
33has proof of that notification in his or her possession, or if the
34notice, or a facsimile copy thereof, is with the vehicle.

35(b) A motor vehicle owned by a business entity that is all or
36partly owned or controlled by a person otherwise subject to Section
3723575 or 23700, is not a motor vehicle owned by the employer
38subject to the exemption in subdivision (a).

39(c) This section shall become inoperative on July 1, 2017, and,
40as of January 1, 2018, is repealed, unless a later enacted statute,
P68   1that becomes operative on or before January 1, 2017, deletes or
2extends the dates on which it becomes inoperative and is repealed.

3

begin deleteSEC. 23.end delete
4
begin insertSEC. 26.end insert  

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

5

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
623700, if a person is required to operate a motor vehicle in the
7course and scope of his or her employment and if the vehicle is
8owned by the employer, the person may operate that vehicle
9without installation of an approved ignition interlock device if the
10employer has been notified by the person that the person’s driving
11privilege has been restricted pursuant to Section 23575, 23575.3,
12or 23700 and if the person has proof of that notification in his or
13her possession, or if the notice, or a facsimile copy thereof, is with
14the vehicle.

15(b) A motor vehicle owned by a business entity that is all or
16partly owned or controlled by a person otherwise subject to Section
1723575, 23575.3, or 23700, is not a motor vehicle owned by the
18employer subject to the exemption in subdivision (a).

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

20

begin deleteSEC. 24.end delete
21
begin insertSEC. 27.end insert  

Section 23597 of the Vehicle Code is amended to
22read:

23

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
2413352, a court may order a 10-year revocation of the driver’s
25license of a person who has been convicted of three or more
26separate violations of Section 23152 or 23153, the last of which
27is punishable under Section 23546, 23550, 23550.5, or 23566.
28When making this order, the court shall consider all of the
29following:

30(1) The person’s level of remorse for the acts.

31(2) The period of time that has elapsed since the person’s
32previous convictions.

33(3) The person’s blood-alcohol level at the time of the violation.

34(4) The person’s participation in an alcohol treatment program.

35(5) The person’s risk to traffic or public safety.

36(6) The person’s ability to install a certified ignition interlock
37device in each motor vehicle that he or she owns or operates.

38(b) Upon receipt of a duly certified abstract of the record of the
39court showing the court has ordered a 10-year revocation of a
40driver’s license pursuant to this section, the department shall revoke
P69   1the person’s driver’s license for 10 years, except as provided in
2subdivision (c).

3(c) (1) Five years from the date of the last conviction of a
4violation of Section 23152 or 23153, a person whose license was
5revoked pursuant to subdivision (a) may apply to the department
6to have his or her privilege to operate a motor vehicle reinstated,
7subject to the condition that the person submits the “Verification
8of Installation” form described in paragraph (2) of subdivision (g)
9of Section 13386 and agrees to maintain the ignition interlock
10device as required under subdivision (g) of Section 23575.
11Notwithstanding Chapter 5 (commencing with Section 23700) or
12subdivision (f) of Section 23575, the ignition interlock device shall
13remain on the person’s motor vehicle for two years following the
14reinstatement of the person’s driving privilege pursuant to this
15section.

16(2) The department shall reinstate the person’s license pursuant
17to paragraph (1), if the person satisfies all of the following
18conditions:

19(A) The person was not convicted of any drug- or alcohol-related
20offenses, under state law, during the driver’s license revocation
21period.

22(B) The person successfully completed a
23driving-under-the-influence program, licensed pursuant to Section
2411836 of the Health and Safety Code, following the date of the
25last conviction of a violation of Section 23152 or 23153.

26(C) The person was not convicted of violating Section 14601,
2714601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
28revocation period.

29(3) The department shall immediately terminate the restriction
30issued pursuant to this section and shall immediately revoke the
31privilege to operate a motor vehicle of a person who attempts to
32remove, bypass, or tamper with the device, who has the device
33removed prior to the termination date of the restriction, or who
34fails three or more times to comply with any requirement for the
35maintenance or calibration of the ignition interlock device. The
36privilege shall remain revoked for the remaining period of the
37original revocation and until all reinstatement requirements are
38met.

39(d) This section shall become inoperative on July 1, 2017, and,
40as of January 1, 2018, is repealed, unless a later enacted statute,
P70   1that becomes operative on or before January 1, 2018, deletes or
2extends the dates on which it becomes inoperative and is repealed.

3

begin deleteSEC. 25.end delete
4
begin insertSEC. 28.end insert  

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

5

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
613352, a court may order a 10-year revocation of the driver’s
7license of a person who has been convicted of three or more
8separate violations of Section 23152 or 23153, the last of which
9is punishable under Section 23546, 23550, 23550.5, or 23566.
10When making this order, the court shall consider all of the
11following:

12(1) The person’s level of remorse for the acts.

13(2) The period of time that has elapsed since the person’s
14previous convictions.

15(3) The person’s blood-alcohol level at the time of the violation.

16(4) The person’s participation in an alcohol treatment program.

17(5) The person’s risk to traffic or public safety.

18(6) The person’s ability to install a certified ignition interlock
19device in each motor vehicle that he or she owns or operates.

20(b) Upon receipt of a duly certified abstract of the record of the
21court showing the court has ordered a 10-year revocation of a
22driver’s license pursuant to this section, the department shall revoke
23the person’s driver’s license for 10 years, except as provided in
24subdivision (c).

25(c) (1) Five years from the date of the last conviction of a
26violation of Section 23152 or 23153, a person whose license was
27revoked pursuant to subdivision (a) may apply to the department
28to have his or her privilege to operate a motor vehicle reinstated,
29subject to the condition that the person submits the “Verification
30of Installation” form described in paragraph (2) of subdivision (g)
31of Section 13386 and agrees to maintain the ignition interlock
32device as required under subdivision (f) of Section 23575.3.
33Notwithstanding Chapter 5 (commencing with Section 23700) or
34Section 23575.3, the ignition interlock device shall remain on the
35person’s motor vehicle for two years following the reinstatement
36of the person’s driving privilege pursuant to this section.

37(2) The department shall reinstate the person’s license pursuant
38to paragraph (1), if the person satisfies all of the following
39conditions:

P71   1(A) The person was not convicted of any drug- or alcohol-related
2offenses, under state law, during the driver’s license revocation
3period.

4(B) The person successfully completed a
5driving-under-the-influence program, licensed pursuant to Section
611836 of the Health and Safety Code, following the date of the
7last conviction of a violation of Section 23152 or 23153 of this
8code.

9(C) The person was not convicted of violating Section 14601,
1014601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
11revocation period.

12(3) The department shall immediately terminate the restriction
13issued pursuant to this section and shall immediately revoke the
14privilege to operate a motor vehicle of a person who attempts to
15remove, bypass, or tamper with the device, who has the device
16removed prior to the termination date of the restriction, or who
17fails three or more times to comply with any requirement for the
18maintenance or calibration of the ignition interlock device. The
19privilege shall remain revoked for the remaining period of the
20original revocation and until all reinstatement requirements are
21met.

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

23

begin deleteSEC. 26.end delete
24
begin insertSEC. 29.end insert  

No reimbursement is required by this act pursuant
25to Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



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