Amended in Assembly June 8, 2016

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,begin insert Chau,end insert Chávez, Cooley, Eduardo Garcia, Lackey, Levine, Lopez, Maienschein, Rodriguez,begin insert Santiago,end insert and Waldron)

February 12, 2016


An act to amend Sections 9807 and 9882.14 of the Business and Professions Code, and 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, 13353.75, 23575.3, and 23575.5 to, the Vehicle Code, relating to ignition interlock devices.

LEGISLATIVE COUNSEL’S DIGEST

SB 1046, as amended, Hill. Driving under the influence: ignition interlock device.

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

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

Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to July 1, 2017, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. The amount of time the ignition interlock device is required to be installed is based upon the number of convictions, as prescribed.

Effective July 1, 2017, the bill would make an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted driver’s license eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.

The bill would also require a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install an ignition interlock device on all vehicles that he or she owns or operates for a specified period of time. The bill would also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted driver’s license without completing a period of license suspension or revocation. The bill would 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. 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.

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.

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.

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.

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    1

SECTION 1.  

Section 9807 of the Business and Professions
2Code
is amended to read:

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.

8(b) (1) The director may suspend, revoke, or place on probation
9the registration of a service dealer who installs, calibrates, services,
P5    1maintains, or monitors ignition interlock devices if the service
2dealer is not in compliance with subdivision (k) of Section 23575.3
3of the Vehicle Code.

4(2) A service dealer shall provide to an individual receiving
5ignition interlock device services the information provided in
6 subdivision (k) of Section 23575.3 of the Vehicle Code along with
7the contactbegin delete phoneend deletebegin insert telephoneend insert number of the bureau.

8(c) 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.

11

SEC. 2.  

Section 9882.14 of the Business and Professions Code
12 is amended to read:

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.

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.

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 contactbegin delete phoneend deletebegin insert telephoneend insert number of the bureau.

32

SEC. 3.  

Section 13352 of the Vehicle Code is amended to read:

33

13352.  

(a) The department shall immediately suspend or
34revoke the privilege of a person to operate a motor vehicle upon
35the receipt of an abstract of the record of a court showing that the
36person has been convicted of a violation of Section 23152 or 23153,
37subdivision (a) of Section 23109, or Section 23109.1, or upon the
38receipt of a report of a judge of the juvenile court, a juvenile traffic
39hearing officer, or a referee of a juvenile court showing that the
40person has been found to have committed a violation of Section
P6    123152 or 23153, subdivision (a) of Section 23109, or Section
223109.1. If an offense specified in this section occurs in a vehicle
3defined in Section 15210, the suspension or revocation specified
4in this subdivision also applies to the noncommercial driving
5privilege. The commercial driving privilege shall be disqualified
6 as specified in Sections 15300 to 15302, inclusive. For the purposes
7of this section, suspension or revocation shall be as follows:

8(1) Except as required under Section 13352.1 or 13352.4, upon
9a conviction or finding of a violation of Section 23152 punishable
10under Section 23536, the privilege shall be suspended for a period
11of six months. The privilege shall not be reinstated until the person
12gives proof of financial responsibility and gives proof satisfactory
13to the department of successful completion of a
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code described in subdivision (b)
16of Section 23538 of this code. If the court, as authorized under
17paragraph (3) of subdivision (b) of Section 23646, elects to order
18a person to enroll in, participate in, and complete either program
19described in subdivision (b) of Section 23542, the department shall
20require that program in lieu of the program described in subdivision
21(b) of Section 23538. For the purposes of this paragraph, enrollment
22in, participation in, and completion of an approved program shall
23occur subsequent to the date of the current violation. Credit shall
24not be given to any program activities completed prior to the date
25of the current violation.

26(2) Upon a conviction or finding of a violation of Section 23153
27punishable under Section 23554, the privilege shall be suspended
28for a period of one year. The privilege shall not be reinstated until
29the person gives proof of financial responsibility and gives proof
30satisfactory to the department of successful completion of a
31driving-under-the-influence program licensed pursuant to Section
3211836 of the Health and Safety Code as described in subdivision
33(b) of Section 23556 of this code. If the court, as authorized under
34paragraph (3) of subdivision (b) of Section 23646, elects to order
35a person to enroll in, participate in, and complete either program
36described in subdivision (b) of Section 23542, the department shall
37require that program in lieu of the program described in Section
3823556. For the purposes of this paragraph, enrollment,
39participation, and completion of an approved program shall occur
40subsequent to the date of the current violation. Credit shall not be
P7    1given to any program activities completed prior to the date of the
2current violation.

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

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

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

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

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

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

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

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

P8    1(F) The person provides proof of financial responsibility, as
2defined in Section 16430.

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

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

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

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

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

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

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

P9    1(B) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (A).

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

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

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

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

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

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

37(A) Completion of 12 months of the suspension period, or
38completion of six months of the suspension period if the underlying
39conviction did not include the use of drugs as defined in Section
P10   1312 and the person was found to be only under the influence of an
2alcoholic beverage at the time of the violation.

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

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

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

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

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

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

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

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

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

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

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

39(6) Except as provided in this paragraph, upon a conviction or
40finding of a violation of Section 23153 punishable under Section
P11   123550.5 or 23566, the privilege shall be revoked for a period of
2five years. The privilege may not be reinstated until the person
3gives proof of financial responsibility and gives proof satisfactory
4to the department of successful completion of a
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code as described in subdivision
7(b) of Section 23568 of this code, or if available in the county of
8the person’s residence or employment, a 30-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, or a program specified in
11Section 8001 of the Penal Code. For the purposes of this paragraph,
12enrollment in, participation in, and completion of an approved
13program shall be subsequent to the date of the current violation.
14Credit shall not be given to any program activities completed prior
15to the date of the current violation. The department shall advise
16the person that after completion of 12 months of the revocation
17period, which may include credit for a suspension period served
18under subdivision (c) of Section 13353.3, he or she may apply to
19the department for a restricted driver’s license if the person meets
20all of the following requirements:

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

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

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

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

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

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

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

P12   1(F) An individual convicted of a violation of Section 23153
2punishable under Section 23566 may also, at any time after
3sentencing, petition the court for referral to an 18-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code, or, if available in the county
6of the person’s residence or employment, a 30-month
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code. Unless good cause is shown,
9the court shall order the referral.

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

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

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

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

P13   1(i) The initial 12 months of an 18-month
2 driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if a 30-month program is
4unavailable in the person’s county of residence or employment.

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

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

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

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

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

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

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

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

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

37(9) Upon a conviction or finding of a violation of subdivision
38(a) of Section 23109 that is punishable under subdivision (f) of
39that section, the privilege shall be suspended for a period of six
40months, if ordered by the court. The privilege shall not be reinstated
P14   1until the person gives proof of financial responsibility, as defined
2in Section 16430.

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

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

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

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

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

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

38(2) Certification, under penalty of perjury, by the director of a
39program specified in Section 8001 of the Penal Code, that the
P15   1person has completed a program specified in Section 8001 of the
2Penal Code.

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

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

13

SEC. 4.  

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

14

13352.  

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

29(1) Except as required under Section 13352.1 or 13352.4, upon
30a conviction or finding of a violation of Section 23152 punishable
31under Section 23536, the privilege shall be suspended for a period
32of six months. The privilege shall not be reinstated until the person
33gives proof of financial responsibility and gives proof satisfactory
34to the department of successful completion of a
35driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code described in subdivision (b)
37of Section 23538 of this code. If the court, as authorized under
38paragraph (3) of subdivision (b) of Section 23646, elects to order
39a person to enroll in, participate in, and complete either program
40described in subdivision (b) of Section 23542, the department shall
P16   1require that program in lieu of the program described in subdivision
2(b) of Section 23538. For the purposes of this paragraph, enrollment
3in, participation in, and completion of an approved program shall
4occur subsequent to the date of the current violation. Credit shall
5not be given to any program activities completed prior to the date
6of the current violation.

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

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

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

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

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

P17   1(C) The person complies with subdivision (d) of Section
223575.3, if applicable.

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

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

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

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

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

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

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

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

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

P18   1(B) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (A).

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

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

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

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

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

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

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

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

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

P19   1(ii) Proof of enrollment in a 30-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if available in the county of
4the person’s residence or employment.

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

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

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

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

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

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

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

21(5) Except as provided in this paragraph, upon a conviction or
22finding of a violation of Section 23152 punishable under Section
2323546, the privilege shall be revoked for a period of three years.
24The privilege shall not be reinstated until the person files proof of
25financial responsibility and gives proof satisfactory to the
26department of successful completion of an 18-month
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code, as described in subdivision
29(b) or (c) of Section 23548 of this code, if a 30-month program is
30unavailable in the person’s county of residence or employment,
31or, if available in the county of the person’s residence or
32employment, a 30-month driving-under-the-influence program
33licensed pursuant to Section 11836 of the Health and Safety Code,
34or a program specified in Section 8001 of the Penal Code. For the
35purposes of this paragraph, enrollment in, participation in, and
36completion of an approved program shall occur subsequent to the
37date of the current violation. Credit shall not be given to any
38program activities completed prior to the date of the current
39violation. The department shall advise the person that he or she
P20   1may apply to the department for a restricted driver’s license if the
2person meets all of the following requirements:

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

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

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

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

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

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

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

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

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

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

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

39(6) Except as provided in this paragraph, upon a conviction or
40finding of a violation of Section 23153 punishable under Section
P21   123550.5 or 23566, the privilege shall be revoked for a period of
2five years. The privilege may not be reinstated until the person
3gives proof of financial responsibility and gives proof satisfactory
4to the department of successful completion of a
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code as described in subdivision
7(b) of Section 23568, or if available in the county of the person’s
8residence or employment, a 30-month driving-under-the-influence
9program licensed pursuant to Section 11836 of the Health and
10Safety Code, or a program specified in Section 8001 of the Penal
11Code. For the purposes of this paragraph, enrollment in,
12participation in, and completion of an approved program shall be
13subsequent to the date of the current violation. Credit shall not be
14given to any program activities completed prior to the date of the
15current violation. The department shall advise the person that he
16or she may apply to the department for a restricted driver’s license
17if the person meets all of the following requirements:

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

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

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

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

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

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

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

38(F) An individual convicted of a violation of Section 23153
39punishable under Section 23566 may also, at any time after
40sentencing, petition the court for referral to an 18-month
P22   1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code, or, if available in the county
3of the person’s residence or employment, a 30-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code. Unless good cause is shown,
6the court shall order the referral.

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

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

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

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

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

38(i) Proof of enrollment in an 18-month
39driving-under-the-influence program licensed pursuant to Section
P23   111836 of the Health and Safety Code, if a 30-month program is
2unavailable in the person’s county of residence or employment.

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

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

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

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

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

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

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

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

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

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

38(9) Upon a conviction or finding of a violation of subdivision
39(a) of Section 23109 that is punishable under subdivision (f) of
40that section, the privilege shall be suspended for a period of six
P24   1months, if ordered by the court. The privilege shall not be reinstated
2until the person gives proof of financial responsibility, as defined
3in Section 16430.

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

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

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

23(e) (1) Except as specified in paragraph (2) or (3), the restriction
24conditions specified in paragraphs (2) to (7), inclusive, of
25subdivision (a) shall remain in effect until all reinstatement
26requirements are satisfied.

27(2) For the purposes of the restriction conditions specified in
28paragraphs (2) to (7), inclusive, of subdivision (a), the department
29shall terminate the restriction imposed pursuant to this section and
30shall suspend or revoke the person’s driving privilege upon receipt
31of notification from the driving-under-the-influence program that
32the person has failed to comply with the program requirements.
33The person’s driving privilege shall remain suspended or revoked
34for the remaining period of the original suspension or revocation
35imposed under this section and until all reinstatement requirements
36described in this section are met.

37(3) The department shall immediately terminate the restriction
38issued pursuant to this section and shall immediately suspend or
39revoke the privilege to operate a motor vehicle of a person who,
40with respect to an ignition interlock device installed pursuant to
P25   1Section 23575.3, attempts to remove, bypass, or tamper with the
2device, has the device removed prior to the termination date of the
3restriction, or fails three or more times to comply with any
4requirement for the maintenance or calibration of the device. The
5privilege shall remain suspended or revoked for the remaining
6period of the originating suspension or revocation and until all
7reinstatement requirements in this section are satisfied.

8(f) Notwithstanding the suspension periods specified in
9paragraphs (1) to (7), inclusive, of subdivision (a) or Section
1013352.1, if the person maintains an ignition interlock device for
11the mandatory term required under Section 23575.3, inclusive of
12any term credit earned under Section 13353.6, the department shall
13reinstate his or her privilege to operate a motor vehicle at the time
14the other reinstatement requirements are satisfied.

15(g) For the purposes of this section, completion of a program
16is the following:

17(1) Satisfactory completion of all program requirements
18approved pursuant to program licensure, as evidenced by a
19certificate of completion issued, under penalty of perjury, by the
20licensed program.

21(2) Certification, under penalty of perjury, by the director of a
22program specified in Section 8001 of the Penal Code, that the
23person has completed a program specified in Section 8001 of the
24Penal Code.

25(h) 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 under this section
29is not eligible for the restricted driver’s license authorized under
30paragraphs (3) to (7), inclusive, of subdivision (a).

31(i) The reinstatement of the driving privilege pursuant to this
32section does not abrogate a person’s continuing duty to comply
33with any restriction imposed pursuant to Section 23575.3.

34(j) This section shall become operative on July 1, 2017.

35

SEC. 5.  

Section 13352.4 of the Vehicle Code is amended to
36read:

37

13352.4.  

(a) Except as provided in subdivision (h), the
38department shall issue a restricted driver’s license to a person
39whose driver’s license was suspended under paragraph (1) of
P26   1subdivision (a) of Section 13352 or Section 13352.1, if the person
2meets all of the following requirements:

3(1) Submits proof satisfactory to the department of either of the
4following, as applicable:

5(A) Enrollment in a driving-under-the-influence program
6licensed pursuant to Section 11836 of the Health and Safety Code,
7as described in subdivision (b) of Section 23538 of this code.

8(B) Enrollment in a program described in subdivision (b) of
9Section 23542, if the court has ordered the person to enroll in,
10participate in, and complete either program described in that
11section, in which case the person shall not be required to provide
12proof of the enrollment described in subparagraph (A).

13(2) Submits proof of financial responsibility, as defined in
14Section 16430.

15(3) Pays all applicable reinstatement or reissue fees and any
16restriction fee required by the department.

17(b) The restriction of the driving privilege shall become effective
18when the department receives all of the documents and fees
19required under subdivision (a) and shall remain in effect until the
20final day of the original suspension imposed under paragraph (1)
21of subdivision (a) of Section 13352 or Section 13352.1, or until
22the date all reinstatement requirements described in Section 13352
23or 13352.1 have been met, whichever date is later, and may include
24credit for any suspension period served under subdivision (c) of
25Section 13353.3.

26(c) The restriction of the driving privilege shall be limited to
27the hours necessary for driving to and from the person’s place of
28employment, driving during the course of employment, and driving
29to and from activities required in the driving-under-the-influence
30program.

31(d) Whenever the driving privilege is restricted under this
32section, proof of financial responsibility, as defined in Section
3316430, shall be maintained for three years. If the person does not
34maintain that proof of financial responsibility at any time during
35the restriction, the driving privilege shall be suspended until the
36proof required under Section 16484 is received by the department.

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

P27   1(f) The department shall terminate the restriction issued under
2this section and shall suspend the privilege to operate a motor
3vehicle pursuant to paragraph (1) of subdivision (a) of Section
413352 or Section 13352.1 immediately upon receipt of notification
5from the driving-under-the-influence program that the person has
6failed to comply with the program requirements. The privilege
7shall remain suspended until the final day of the original suspension
8imposed under paragraph (1) of subdivision (a) of Section 13352
9or 13352.1, or until the date all reinstatement requirements
10described in Section 13352 or Section 13352.1 have been met,
11whichever date is later.

12(g) The holder of a commercial driver’s license who was
13operating a commercial motor vehicle, as defined in Section 15210,
14at the time of a violation that resulted in a suspension or revocation
15of the person’s noncommercial driving privilege under paragraph
16(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
17eligible for the restricted driver’s license authorized under this
18section.

19(h) If, upon conviction, the court has made the determination,
20as authorized under subdivision (d) of Section 23536 or paragraph
21(3) of subdivision (a) of Section 23538, to disallow the issuance
22of a restricted driver’s license, the department may not issue a
23restricted driver’s license under this section.

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

28

SEC. 6.  

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

29

13352.4.  

(a) Except as provided in subdivision (h), the
30department shall issue a restricted driver’s license to a person
31whose driver’s license was suspended under paragraph (1) of
32subdivision (a) of Section 13352 or Section 13352.1, if the person
33meets all of the following requirements:

34(1) Submits proof satisfactory to the department of either of the
35following:

36(A) Enrollment in a driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code,
38as described in subdivision (b) of Section 23538 of this code.

39(B) Enrollment in a program described in subdivision (b) of
40Section 23542, if the court has ordered the person to enroll in,
P28   1participate in, and complete either program described in that
2section, in which case the person shall not be required to provide
3proof of the enrollment described in subparagraph (A).

4(2) Complies with subdivision (d) of Section 23575.3, if
5applicable.

6(3) Agrees to maintain the ignition interlock device as required
7under Section 23575.3, if applicable.

8(4) Submits proof of financial responsibility, as defined in
9Section 16430.

10(5) Pays all applicable reinstatement or reissue fees and any
11restriction fee required by the department.

12(6) The person pays to the department a fee sufficient to cover
13the reasonable costs of administering the requirements of this
14paragraph, as determined by the department.

15(b) The restriction of the driving privilege shall become effective
16when the department receives all of the documents and fees
17required under subdivision (a) and shall remain in effect until the
18date all reinstatement requirements described in Section 13352 or
1913352.1 have been met.

20(c) Whenever the driving privilege is restricted under this
21section, proof of financial responsibility, as defined in Section
2216430, shall be maintained for three years. If the person does not
23maintain that proof of financial responsibility at any time during
24the restriction, the driving privilege shall be suspended until the
25proof required under Section 16484 is received by the department.

26(d) For the purposes of this section, enrollment, participation,
27and completion of an approved program shall be subsequent to the
28date of the current violation. Credit may not be given to a program
29activity completed prior to the date of the current violation.

30(e) (1) The department shall terminate the restriction issued
31under this section and shall suspend the privilege to operate a motor
32vehicle pursuant to paragraph (1) of subdivision (a) of Section
3313352 or Section 13352.1 immediately upon receipt of notification
34from the driving-under-the-influence program that the person has
35failed to comply with the program requirements. The privilege
36shall remain suspended until the final day of the original suspension
37imposed under paragraph (1) of subdivision (a) of Section 13352
38or Section 13352.1, or until the date all reinstatement requirements
39described in Section 13352 or 13352.1 have been met, whichever
40date is later.

P29   1(2) The department shall immediately terminate the restriction
2issued pursuant to this section and shall immediately suspend or
3revoke the privilege to operate a motor vehicle of a person who,
4with respect to an ignition interlock device installed pursuant to
5Section 23575.3, attempts to remove, bypass, or tamper with the
6device, has the device removed prior to the termination date of the
7restriction, or fails three or more times to comply with any
8requirement for the maintenance or calibration of the device. The
9privilege shall remain suspended or revoked for the remaining
10period of the originating suspension or revocation and until all
11reinstatement requirements in this section are satisfied.

12(f) The holder of a commercial driver’s license who was
13operating a commercial motor vehicle, as defined in Section 15210,
14at the time of a violation that resulted in a suspension or revocation
15of the person’s noncommercial driving privilege under paragraph
16(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
17eligible for the restricted driver’s license authorized under this
18section.

19(g) If, upon conviction, the court has made the determination,
20as authorized under subdivision (d) of Section 23536 or paragraph
21(3) of subdivision (a) of Section 23538, to disallow the issuance
22of a restricted driver’s license, the department may not issue a
23restricted driver’s license under this section.

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

25

SEC. 7.  

Section 13353.3 of the Vehicle Code is amended to
26read:

27

13353.3.  

(a) An order of suspension of a person’s privilege to
28operate a motor vehicle pursuant to Section 13353.2 shall become
29effective 30 days after the person is served with the notice pursuant
30to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

31(b) The period of suspension of a person’s privilege to operate
32a motor vehicle under Section 13353.2 is as follows:

33(1) If the person has not been convicted of a separate violation
34of Section 23103, as specified in Section 23103.5, or Section
3523140, 23152, or 23153, or Section 191.5 or subdivision (a) of
36Section 192.5 of the Penal Code, the person has not been
37administratively determined to have refused chemical testing
38pursuant to Section 13353 or 13353.1 of this code, or the person
39has not been administratively determined to have been driving
40with an excessive concentration of alcohol pursuant to Section
P30   113353.2 on a separate occasion, which offense or occurrence
2occurred within 10 years of the occasion in question, the person’s
3privilege to operate a motor vehicle shall be suspended for four
4months.

5(2) (A) If the person has been convicted of one or more separate
6violations of Section 23103, as specified in Section 23103.5, or
7Section 23140, 23152, or 23153, or Section 191.5 or subdivision
8(a) of Section 192.5 of the Penal Code, the person has been
9administratively determined to have refused chemical testing
10pursuant to Section 13353 or 13353.1 of this code, or the person
11has been administratively determined to have been driving with
12an excessive concentration of alcohol pursuant to Section 13353.2
13on a separate occasion, which offense or occasion occurred within
14 10 years of the occasion in question, the person’s privilege to
15operate a motor vehicle shall be suspended for one year, except
16as provided in subparagraphs (B) and (C).

17(B) The one-year suspension pursuant to subparagraph (A) shall
18terminate if the person has been convicted of a violation arising
19out of the same occurrence and all of the following conditions are
20met:

21(i) The person is eligible for a restricted driver’s license pursuant
22to Section 13352.

23(ii) The person installs an ignition interlock device as required
24in Section 13352 for that restricted driver’s license.

25(iii) The person complies with all other applicable conditions
26of Section 13352 for a restricted driver’s license.

27(C) The one-year suspension pursuant to subparagraph (A) shall
28terminate after completion of a 90-day suspension period, and the
29person shall be eligible for a restricted license if the person has
30been convicted of a violation of Section 23103, as specified in
31Section 23103.5, arising out of the same occurrence, has no more
32than two prior alcohol-related convictions within 10 years, as
33specified pursuant to subparagraph (A), and all of the following
34conditions are met:

35(i) The person satisfactorily provides, subsequent to the
36underlying violation date, proof satisfactory to the department of
37enrollment in a nine-month driving-under-the-influence program
38licensed pursuant to Chapter 9 (commencing with Section 11836)
39of Part 2 of Division 10.5 of the Health and Safety Code that
P31   1consists of at least 60 hours of program activities, including
2education, group counseling, and individual interview sessions.

3(ii) The person agrees, as a condition of the restriction, to
4continue satisfactory participation in the program described in
5clause (i).

6(iii) The person installs an ignition interlock device and submits
7the “Verification of Installation” form described in paragraph (2)
8of subdivision (g) of Section 13386.

9(iv) The person agrees to maintain the ignition interlock device
10as required pursuant to subdivision (g) of Section 23575.

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

13(vi) The person pays all license fees and any restriction fee
14required by the department.

15(vii) The person pays to the department a fee sufficient to cover
16the costs of administration of this paragraph, as determined by the
17department.

18(D) The department shall advise those persons that are eligible
19under subparagraph (C) that after completion of 90 days of the
20suspension period, the person may apply to the department for a
21restricted driver’s license, subject to the conditions set forth in
22subparagraph (C).

23(E) The restricted driving privilege shall become effective when
24the department receives all of the documents and fees required
25under subparagraph (C) and remain in effect for at least the
26remaining period of the original suspension and until the person
27provides satisfactory proof to the department of successful
28completion of a driving-under-the-influence program licensed
29pursuant to Section 11836 of the Health and Safety Code. The
30restricted driving privilege shall be subject to the following
31conditions:

32(i) If the driving privilege is restricted under this section, proof
33of financial responsibility, as described in Section 16430, shall be
34maintained for three years. If the person does not maintain that
35proof of financial responsibility at any time during the restriction,
36the driving privilege shall be suspended until the proof required
37pursuant to Section 16484 is received by the department.

38(ii) For the purposes of this section, enrollment, participation,
39and completion of an approved program shall occur subsequent
40to the date of the current violation. Credit may not be given to a
P32   1program activity completed prior to the date of the current
2violation.

3(iii) The department shall terminate the restriction issued
4pursuant to this section and shall suspend the privilege to operate
5a motor vehicle pursuant to subparagraph (A) immediately upon
6receipt of notification from the driving-under-the-influence
7program that the person has failed to comply with the program
8requirements. The privilege shall remain suspended until the final
9day of the original suspension imposed pursuant to subparagraph
10(A).

11(iv) The department shall terminate the restriction issued
12pursuant to this section and shall immediately suspend the privilege
13to operate a motor vehicle pursuant to subparagraph (A)
14immediately upon receipt of notification from the installer that a
15person has attempted to remove, bypass, or tamper with the ignition
16interlock device, has removed the device prior to the termination
17date of the restriction, or fails three or more times to comply with
18any requirement for the maintenance or calibration of the ignition
19interlock device ordered pursuant to this section. The privilege
20shall remain suspended for the remaining period of the original
21 suspension imposed pursuant to subparagraph (A).

22(3) Notwithstanding any other law, if a person has been
23administratively determined to have been driving in violation of
24Section 23136 or to have refused chemical testing pursuant to
25Section 13353.1, the period of suspension shall not be for less than
26one year.

27(c) If a person’s privilege to operate a motor vehicle is
28suspended pursuant to Section 13353.2 and the person is convicted
29of a violation of Section 23152 or 23153, including, but not limited
30to, a violation described in Section 23620, arising out of the same
31occurrence, both the suspension under Section 13353.2 and the
32suspension or revocation under Section 13352 shall be imposed,
33except that the periods of suspension or revocation shall run
34concurrently, and the total period of suspension or revocation shall
35not exceed the longer of the two suspension or revocation periods.

36(d) For the purposes of this section, a conviction of an offense
37in any state, territory, or possession of the United States, the
38District of Columbia, the Commonwealth of Puerto Rico, or
39Canada that, if committed in this state, would be a violation of
40Section 23103, as specified in Section 23103.5, or Section 23140,
P33   123152, or 23153, or Section 191.5 or subdivision (a) of Section
2192.5 of the Penal Code, is a conviction of that particular section
3of the Vehicle Code or Penal Code.

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

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

13

SEC. 8.  

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

14

13353.3.  

(a) An order of suspension of a person’s privilege to
15operate a motor vehicle pursuant to Section 13353.2 shall become
16effective 30 days after the person is served with the notice pursuant
17to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

18(b) The period of suspension of a person’s privilege to operate
19a motor vehicle under Section 13353.2 is as follows:

20(1) If the person has not been convicted of a separate violation
21of Section 23103, as specified in Section 23103.5, or Section
2223140, 23152, or 23153, or Section 191.5 or subdivision (a) of
23Section 192.5 of the Penal Code, the person has not been
24administratively determined to have refused chemical testing
25pursuant to Section 13353 or 13353.1 of this code, or the person
26has not been administratively determined to have been driving
27with an excessive concentration of alcohol pursuant to Section
2813353.2 on a separate occasion, which offense or occurrence
29occurred within 10 years of the occasion in question, the person’s
30privilege to operate a motor vehicle shall be suspended for four
31months.

32(2) (A) If the person has been convicted of one or more separate
33violations of Section 23103, as specified in Section 23103.5, or
34Section 23140, 23152, or 23153, or Section 191.5 or subdivision
35(a) of Section 192.5 of the Penal Code, the person has been
36administratively determined to have refused chemical testing
37pursuant to Section 13353 or 13353.1 of this code, or the person
38has been administratively determined to have been driving with
39an excessive concentration of alcohol pursuant to Section 13353.2
40on a separate occasion, which offense or occasion occurred within
P34   110 years of the occasion in question, the person’s privilege to
2operate a motor vehicle shall be suspended for one year, except
3as provided in subparagraphs (B) and (C).

4(B) The one-year suspension pursuant to subparagraph (A) shall
5terminate if the person has been convicted of a violation arising
6out of the same occurrence and all of the following conditions are
7met:

8(i) The person is eligible for a restricted driver’s license pursuant
9to Section 13352.

10(ii) The person installs an ignition interlock device as required
11in Section 13352 for that restricted driver’s license.

12(iii) The person complies with all other applicable conditions
13of Section 13352 for a restricted driver’s license.

14(C) The one-year suspension pursuant to subparagraph (A) shall
15terminate after completion of a 90-day suspension period, and the
16person shall be eligible for a restricted license if the person has
17been convicted of a violation of Section 23103, as specified in
18Section 23103.5, arising out of the same occurrence, has no more
19than two prior alcohol-related convictions within 10 years, as
20specified pursuant to subparagraph (A), and all of the following
21conditions are met:

22(i) The person satisfactorily provides, subsequent to the
23underlying violation date, proof satisfactory to the department of
24enrollment in a nine-month driving-under-the-influence program
25licensed pursuant to Chapter 9 (commencing with Section 11836)
26of Part 2 of Division 10.5 of the Health and Safety Code that
27consists of at least 60 hours of program activities, including
28education, group counseling, and individual interview sessions.

29(ii) The person agrees, as a condition of the restriction, to
30continue satisfactory participation in the program described in
31clause (i).

32(iii) The person installs an ignition interlock device and submits
33the “Verification of Installation” form described in paragraph (2)
34of subdivision (g) of Section 13386.

35(iv) The person agrees to maintain the ignition interlock device
36as required under Section 23575.3.

37(v) The person provides proof of financial responsibility, as
38defined in Section 16430.

39(vi) The person pays all license fees and any restriction fee
40required by the department.

P35   1(vii) The person pays to the department a fee sufficient to cover
2the costs of administration of this paragraph, as determined by the
3department.

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

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

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

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

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

37(iv) The department shall terminate the restriction issued
38pursuant to this section and shall immediately suspend the privilege
39to operate a motor vehicle pursuant to subparagraph (A)
40immediately upon receipt of notification from the installer that a
P36   1person has attempted to remove, bypass, or tamper with the ignition
2interlock device, has removed the device prior to the termination
3date of the restriction, or fails three or more times to comply with
4any requirement for the maintenance or calibration of the ignition
5interlock device ordered pursuant to this section. The privilege
6shall remain suspended for the remaining period of the original
7 suspension imposed pursuant to subparagraph (A).

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

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

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

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

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

36

SEC. 9.  

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

38

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
39or 13353.8, the driving privilege shall not be restored, and a
40restricted or hardship permit to operate a motor vehicle shall not
P37   1be issued, to a person during the suspension or revocation period
2specified in Section 13353, 13353.1, or 13353.3.

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

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

13

SEC. 10.  

Section 13353.4 is added to the Vehicle Code, to
14read:

15

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
1613353.7, or 13353.8, the driving privilege shall not be restored,
17and a restricted or hardship permit to operate a motor vehicle shall
18not be issued, to a person during the suspension or revocation
19period specified in Section 13353, 13353.1, or 13353.3.

20(b) The privilege to operate a motor vehicle shall not be restored
21after a suspension or revocation pursuant to Section 13352, 13353,
2213353.1, or 13353.2 until all applicable fees, including the fees
23prescribed in Section 14905, have been paid and the person gives
24proof of financial responsibility, as defined in Section 16430, to
25the department.

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

27

SEC. 11.  

Section 13353.5 of the Vehicle Code is amended to
28read:

29

13353.5.  

(a) If a person whose driving privilege is suspended
30or revoked under Section 13352, former Section 13352.4, Section
3113352.4, Section 13352.6, paragraph (1) of subdivision (g) of
32Section 23247, or paragraph (2) of subdivision (f) of Section 23575
33is a resident of another state at the time the mandatory period of
34suspension or revocation expires, the department may terminate
35the suspension or revocation, upon written application of the
36person, for the purpose of allowing the person to apply for a license
37in his or her state of residence. The application shall include, but
38need not be limited to, evidence satisfactory to the department that
39the applicant now resides in another state.

P38   1(b) If the person submits an application for a California driver’s
2license within three years after the date of the action to terminate
3suspension or revocation pursuant to subdivision (a), a license
4shall not be issued until evidence satisfactory to the department
5establishes that the person is qualified for reinstatement and no
6grounds exist including, but not limited to, one or more subsequent
7convictions for driving under the influence of alcohol or other
8drugs that would support a refusal to issue a license. The
9department may waive the three-year requirement if the person
10provides the department with proof of financial responsibility, as
11defined in Section 16430, and proof satisfactory to the department
12of successful completion of a driving-under-the-influence program
13described in Section 13352, and the driving-under-the-influence
14program is of the length required under paragraphs (1) to (7),
15inclusive, of subdivision (a) of Section 13352.

16(c) For the purposes of this section, “state” includes a foreign
17province or country.

18(d) This section shall become inoperative on July 1, 2017, and,
19as of January 1, 2018, is repealed, unless a later enacted statute,
20that becomes operative on or before January 1, 2018, deletes or
21extends the dates on which it becomes inoperative and is repealed.

22

SEC. 12.  

Section 13353.5 is added to the Vehicle Code, to
23read:

24

13353.5.  

(a) If a person whose driving privilege is suspended
25or revoked under Section 13352, former Section 13352.4, Section
2613352.4, Section 13352.6, paragraph (1) of subdivision (g) of
27Section 23247, or paragraph (3) of subdivision (e) of Section 13352
28is a resident of another state at the time the mandatory period of
29suspension or revocation expires, the department may terminate
30the suspension or revocation, upon written application of the
31person, for the purpose of allowing the person to apply for a license
32in his or her state of residence. The application shall include, but
33need not be limited to, evidence satisfactory to the department that
34the applicant now resides in another state.

35(b) If the person submits an application for a California driver’s
36license within three years after the date of the action to terminate
37suspension or revocation pursuant to subdivision (a), a license
38shall not be issued until evidence satisfactory to the department
39establishes that the person is qualified for reinstatement and no
40grounds exist including, but not limited to, one or more subsequent
P39   1convictions for driving under the influence of alcohol or other
2drugs that would support a refusal to issue a license. The
3department may waive the three-year requirement if the person
4provides the department with proof of financial responsibility, as
5defined in Section 16430, and proof satisfactory to the department
6of successful completion of a driving-under-the-influence program
7described in Section 13352, and the driving-under-the-influence
8program is of the length required under paragraphs (1) to (7),
9inclusive, of subdivision (a) of Section 13352.

10(c) For the purposes of this section, “state” includes a foreign
11province or country.

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

13

SEC. 13.  

Section 13353.6 is added to the Vehicle Code, to
14read:

15

13353.6.  

(a) Notwithstanding any other law, a person whose
16driving privilege has been suspended under Section 13353.2 and
17who is eligible for a restricted driver’s license as provided for in
18Section 13353.7 or 13353.75 may be eligible for a restricted
19driver’s license without serving any period of the suspension if
20the person meets all of the eligibility requirements specified in
21those sections and the person does both of the following:

22(1) The person installs an ignition interlock device on any
23vehicle that he or she own or operates and submits the “Verification
24of Installation” form described in paragraph (2) of subdivision (g)
25of Section 13386.

26(2) The person agrees to maintain the ignition interlock device
27as required under Section 23575.3.

28(b) A person whose driving privilege has been suspended under
29Section 13353.2 may install an ignition interlock device prior to
30the effective date specified in Section 13353.3. A person who
31installs an ignition interlock device pursuant to this subdivision,
32meets all of the eligibility requirements specified in Section
3313353.7 or 13353.75 and complies with paragraphs (1) and (2) of
34subdivision (a) is eligible for a restricted driver’s license on the
35effective date specified in Section 13353.3.

36(c) The department shall terminate the restriction issued pursuant
37to Section 13353.7 or 13353.75 and shall immediately reinstate
38the suspension of the privilege to operate a motor vehicle upon
39receipt of notification from the ignition interlock device installer
40that a person has attempted to remove, bypass, or tamper with the
P40   1 ignition interlock device, has removed the device prior to the
2termination date of the restriction, or fails three or more times to
3comply with any requirement for the maintenance or calibration
4of the ignition interlock device. The privilege shall remain
5suspended for the remaining mandatory suspension period imposed
6pursuant to Section 13353.3.

7(d) Notwithstanding any other law, for a person whose driving
8privilege has been suspended under Section 13353.2, who is
9eligible for a restricted driver’s license as provided for in Section
1013353.7 or 13353.75, and who installs an ignition interlock device
11pursuant to this section or Section 13353.75, both of the following
12shall apply:

13(1) The person shall receive credit towards the mandatory term
14the person is required to install an ignition interlock device pursuant
15to Section 23575.3 for a conviction of a violation arising out of
16the same occurrence that led to the person’s driving privilege being
17suspended pursuant to Section 13352.2 equal to the period of time
18the person installs an ignition interlock device pursuant to this
19section or Section 13353.75.

20 (2) A court shall reduce the total amount of the fine, fees, and
21penalties by up to five hundred dollars ($500) for a conviction of
22a violation arising out of the same occurrence that led to the
23person’s driving privilege being suspended pursuant to Section
2413353.2.

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

26

SEC. 14.  

Section 13353.75 is added to the Vehicle Code, to
27read:

28

13353.75.  

(a) Subject to subdivision (d), a person who has
29been previously convicted of, or found to have committed, a
30separate violation of Section 23103, as specified in Section
3123103.5, or Section 23140, 23152, or 23153, or Section 191.5 or
32subdivision (a) of Section 192.5 of the Penal Code, or whose
33privilege to operate a motor vehicle has been suspended or revoked
34pursuant to Section 13353 or 13353.2 for an offense that occurred
35on a separate occasion within 10 years of the occasion in question
36may apply to the department for a restricted driver’s license if the
37person meets all of the following requirements:

38(1) (A) The person satisfactorily provides proof of enrollment
39in a driving-under-the-influence program licensed under Section
P41   111836 of the Health and Safety Code, as described in subdivision
2(b) of Section 23538.

3(B) The program shall report any failure to participate in the
4program to the department and shall certify successful completion
5of the program to the department.

6(C) If a person who has been issued a restricted license under
7this section fails at any time to participate in the program, the
8department shall suspend the restricted license immediately. The
9department shall give notice of the suspension under this paragraph
10in the same manner as prescribed in subdivision (b) of Section
1113353.2 for the period specified in Section 13353.3, that is effective
12upon receipt by the person.

13(2) The person was 21 years of age or older at the time the
14offense occurred and gives proof of financial responsibility as
15defined in Section 16430.

16(3) The person has not been arrested subsequent to the offense
17for which the person’s driving privilege has been suspended under
18Section 13353.2 for a violation of Section 23103, as specified in
19Section 23103.5, or Section 23140, 23152, or 23153, or Section
20191.5 or subdivision (a) of Section 192.5 of the Penal Code, and
21the person’s privilege to operate a motor vehicle has not been
22suspended or revoked pursuant to Section 13353 or 13353.2 for
23an offense that occurred on a separate occasion, notwithstanding
24Section 13551.

25(4) The person installs an ignition interlock device on any
26vehicle that he or she owns or operates and submits the
27“Verification of Installation” form described in paragraph (2) of
28subdivision (g) of Section 13386.

29(5) The person agrees to maintain the ignition interlock device
30as required under Section 23575.3.

31(b) The restriction shall remain in effect for the remaining period
32of the original suspension under Section 13353.2.

33(c) Notwithstanding subdivisions (a) and (b), and upon a
34conviction under Section 23152 or 23153 for the current offense,
35the department shall suspend or revoke the person’s privilege to
36operate a motor vehicle under Section 13352.

37(d) If the driver was operating a commercial vehicle, as defined
38in Section 15210, at the time of the violation that resulted in the
39suspension of that person’s driving privilege under Section
4013353.2, the department shall, pursuant to this section, if the person
P42   1is otherwise eligible, issue the person a class C or class M driver’s
2license restricted in the same manner and subject to the same
3conditions as specified in subdivision (a), except that the license
4may not allow travel to and from or in the course of the person’s
5employment.

6(e) If the holder of a commercial driver’s license was operating
7a motor vehicle, other than a commercial vehicle as defined in
8Section 15210, at the time of the violation that resulted in the
9suspension of that person’s driving privilege pursuant to Section
1013353.2, the department shall, pursuant to this section, if the person
11is otherwise eligible, issue the person a class C or class M driver’s
12license restricted in the same manner and subject to the same
13conditions as specified in subdivision (a).

14

SEC. 15.  

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

16

13386.  

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

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

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

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

36(ii) The denial of certification for an ignition interlock device
37in another state was due to a failure of an ignition interlock device
38to meet the standards adopted by the regulation set forth in clause
39(i), specifically Sections 1 and 2 of the model specification for
40breath alcohol ignition interlock devices, as published by notice
P43   1in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
2on pages 11774 to 11787, inclusive.

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

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

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

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

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

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

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

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

P44   1(1) An “Option to Install,” to be sent by the department to repeat
2offenders along with the mandatory order of suspension or
3revocation. This shall include the alternatives available for early
4license reinstatement with the installation of an ignition interlock
5device and shall be accompanied by a toll-free telephone number
6for each manufacturer of a certified ignition interlock device.
7Information regarding approved installation locations shall be
8provided to drivers by manufacturers with ignition interlock devices
9that have been certified in accordance with this section.

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

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

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

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

32

SEC. 16.  

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

34

23103.5.  

(a) If the prosecution agrees to a plea of guilty or
35nolo contendere to a charge of a violation of Section 23103 in
36satisfaction of, or as a substitute for, an original charge of a
37violation of Section 23152, the prosecution shall state for the record
38a factual basis for the satisfaction or substitution, including whether
39or not there had been consumption of an alcoholic beverage or
40ingestion or administration of a drug, or both, by the defendant in
P45   1connection with the offense. The statement shall set forth the facts
2that show whether or not there was a consumption of an alcoholic
3beverage or the ingestion or administration of a drug by the
4defendant in connection with the offense.

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

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

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

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

35(f) (1) If the court places on probation a defendant convicted
36of a violation of Section 23103 that is required under this section
37to be a prior offense for purposes of Section 23540, 23546, 23550,
3823560, 23566, or 23622, and that offense occurred within 10 years
39of a separate conviction of a violation of Section 23103, as
40specified in this section, or within 10 years of a conviction of a
P46   1violation of Section 23152 or 23153, the court shall order the
2defendant to participate for nine months or longer, as ordered by
3the court, in a program licensed under Chapter 9 (commencing
4with Section 11836) of Part 2 of Division 10.5 of the Health and
5Safety Code that consists of at least 60 hours of program activities,
6including education, group counseling, and individual interview
7sessions.

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

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

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

38

SEC. 17.  

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

P47   1

23247.  

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

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

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

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

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

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

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

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

P48   1(h) Notwithstanding any other law, if a vehicle in which an
2ignition interlock device has been installed is impounded, the
3manufacturer or installer of the device shall have the right to
4remove the device from the vehicle during normal business hours.
5No charge shall be imposed for the removal of the device nor shall
6the manufacturer or installer be liable for any removal, towing,
7impoundment, storage, release, or administrative costs or penalties
8associated with the impoundment. Upon request, the person seeking
9to remove the device shall present documentation to justify removal
10of the device from the vehicle. Any damage to the vehicle resulting
11from the removal of the device is the responsibility of the person
12removing it.

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

17

SEC. 18.  

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

18

23247.  

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

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

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

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

P49   1(e) It is unlawful for any person whose driving privilege is
2restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
323700 to operate any vehicle not equipped with a functioning
4ignition interlock device.

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

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

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

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

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

34

SEC. 19.  

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

36

23573.  

(a) The Department of Motor Vehicles, upon receipt
37of the court’s abstract of conviction for a violation listed in
38subdivision (j), shall inform the convicted person of the
39requirements of this section and the term for which the person is
40required to have a certified ignition interlock device installed. The
P50   1records of the department shall reflect the mandatory use of the
2device for the term required and the time when the device is
3required to be installed pursuant to this code.

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

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

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

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

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

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

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

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

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

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

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

P51   1(i) The person does not own a vehicle.

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

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

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

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

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

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

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

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

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

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

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

P52   1(2) Upon a conviction of a violation of Section 14601.2,
214601.4, or 14601.5 subsequent to two prior convictions of a
3violation of Section 23103.5, 23152, or 23153, within a 10-year
4period, or one prior conviction of Section 14601.2, 14601.4, or
514601.5, within a 10-year period, the person shall immediately
6install a certified ignition interlock device, pursuant to this section,
7in all vehicles owned or operated by that person for a term of two
8years.

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

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

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

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

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

29

SEC. 20.  

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

30

23573.  

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

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

P53   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
P54   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
P55   1install a certified ignition interlock device, pursuant to this section,
2in all vehicles owned or operated by that person for a term of two
3years.

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

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

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

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

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

21

SEC. 21.  

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

23

23575.  

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

P56   1(2) The court shall require a person convicted of a violation of
2Section 14601.2 to install an ignition interlock device on any
3vehicle that the person owns or operates and prohibit the person
4from operating a motor vehicle unless the vehicle is equipped with
5a functioning, certified ignition interlock device. The term of the
6restriction shall be determined by the court for a period not to
7exceed three years from the date of conviction. The court shall
8notify the Department of Motor Vehicles, as specified in
9subdivision (a) of Section 1803, of the terms of the restrictions in
10accordance with subdivision (a) of Section 1804. The Department
11of Motor Vehicles shall place the restriction in the person’s records
12in the Department of Motor Vehicles.

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

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

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

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

38(f) (1) If a person is convicted of a violation of Section 23152
39or 23153 and the offense occurred within 10 years of one or more
40separate violations of Section 23152 or 23153 that resulted in a
P57   1conviction, or if a person is convicted of a violation of Section
223103, as specified in Section 23103.5, and is suspended for one
3year under Section 13353.3, the person may apply to the
4Department of Motor Vehicles for a restricted driver’s license
5pursuant to Section 13352 or 13353.3 that prohibits the person
6from operating a motor vehicle unless that vehicle is equipped
7with a functioning ignition interlock device, certified pursuant to
8Section 13386. The restriction shall remain in effect for at least
9the remaining period of the original suspension or revocation and
10until all reinstatement requirements in Section 13352 or 13353.4
11are met.

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

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

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

39(i) The Department of Motor Vehicles shall include information
40along with the order of suspension or revocation for repeat
P58   1offenders informing them that after a specified period of suspension
2or revocation has been completed, the person may either install an
3ignition interlock device on any vehicle that the person owns or
4operates or remain with a suspended or revoked driver’s license.

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

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

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

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

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

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

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

P59   1(2) An incidence of failing or not taking the ignition interlock
2device rolling retest, when not followed by an incidence of passing
3the ignition interlock rolling retest prior to turning off the vehicle’s
4engine.

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

9

SEC. 22.  

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

10

23575.  

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

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

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

31(d) A person whose driving privilege is restricted by the court
32pursuant to this section shall arrange for each vehicle with an
33ignition interlock device to be serviced by the installer at least
34once every 60 days in order for the installer to recalibrate and
35monitor the operation of the device. The installer shall notify the
36court if the device is removed or indicates that the person has
37attempted to remove, bypass, or tamper with the device, or if the
38person fails three or more times to comply with a requirement for
39the maintenance or calibration of the ignition interlock device.
P60   1There is no obligation for the installer to notify the court if the
2person has complied with all of the requirements of this article.

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

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

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

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

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

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

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

P61   1(l) For the purposes of this section, “bypass” includes, but is
2not limited to, either of the following:

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

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

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

10

SEC. 23.  

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

12

23575.3.  

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

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

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

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

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

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

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

P62   1(2) A person who is notified by the department pursuant to
2subdivision (b), is exempt from the requirements of this subdivision
3until the time he or she purchases or has access to a vehicle if,
4within 30 days of the notification, the person certifies to the
5department all of the following:

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

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

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

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

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

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

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

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

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

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

P63   1(h) A person is required to install an ignition interlock device
2pursuant to this section for the applicable term, as follows:

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

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

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

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

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

18(2) A person convicted of a violation ofbegin insert subdivisionend insert (a), (b), (d),
19or (f) of Section 23153 shall install an ignition interlock device,
20as follows:

21(A) Upon a conviction with no priors, the person shall install
22an ignition interlock device in all vehicles owned or operated by
23that person for a mandatory term of 12 months.

24(B) Upon a conviction with one prior, the person shall install
25an ignition interlock device in all vehicles owned or operated by
26that person for a mandatory term of 24 months.

27(C) Upon a conviction with two priors, the person shall install
28an ignition interlock device in all vehicles owned or operated by
29that person for a mandatory term of 36 months.

30(D) Upon a conviction with three or more priors, the person
31shall install an ignition interlock device in all vehicles owned or
32operated by that person for a mandatory term of 48 months.

33(3) For the purposes of paragraphs (1) and (2), “prior” means
34a conviction for a violation of Section 23103, as specified in
35Section 23103.5, or Section 23140, 23152, or 23153, or Section
36191.5 or subdivision (a) of Section 192.5 of the Penal Code.

37(4) The terms prescribed in this subdivision shall begin once a
38person has complied with subparagraph (B) of paragraph (1) of
39subdivision (d) and either upon the reinstatement of the privilege
40to drive pursuant to Section 13352 or the issuance of a restricted
P64   1driver’s license pursuant to Section 13352 or 13352.4. A person
2shall receive credit for any period in which he or she had a
3restricted driver’s license issued pursuant to Section 13353.3 or
413353.7 and he or she was in compliance with Section 13353.6.

5(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to
6this section.

7(j) If a person fails to comply with any of the requirements
8regarding ignition interlock devices, the period in which the person
9was not in compliance shall not be credited towards the mandatory
10term for which the ignition interlock device is required to be
11installed.

12(k) (1) Every manufacturer and manufacturer’s agent certified
13by the department to provide ignition interlock devices, under
14Section 13386, shall adopt the following fee schedule that provides
15for the payment of the costs of the ignition interlock device by
16offenders subject to this chapter in amounts commensurate with
17that person’s income relative to the federal poverty level, as defined
18in Section 127400 of the Health and Safety Code:

19(A) A person with an income at 100 percent of the federal
20poverty level and below is responsible for 10 percent of the cost
21of the ignition interlock device. The ignition interlock device
22provider is responsible for absorbing the cost of the ignition
23interlock device that is not paid by the person.

24(B) A person with an income at 101 to 200 percent of the federal
25poverty level is responsible for 25 percent of the cost of the ignition
26interlock device. The ignition interlock device provider is
27responsible for absorbing the cost of the ignition interlock device
28that is not paid by the person.

29(C) A person with an income at 201 to 300 percent of the federal
30poverty level is responsible for 50 percent of the cost of the ignition
31interlock device. The ignition interlock device provider is
32responsible for absorbing the cost of the ignition interlock device
33that is not paid by the person.

34(D) A person with an income at 301 to 400 percent of the federal
35poverty level is responsible for 90 percent of the cost of the ignition
36interlock device. The ignition interlock device provider is
37responsible for absorbing the cost of the ignition interlock device
38that is not paid by the person.

39(E) All other offenders are responsible for 100 percent of the
40cost of the ignition interlock device.

P65   1(2) The cost of the ignition interlock device may only be raised
2annually equal to the Consumer Price Index.

3(3) The ignition interlock device provider shall verify the
4offender’s income to determine the cost of the ignition interlock
5device pursuant to this subdivision by verifying either of the
6following documents from the offender:

7(A) Current federal income tax return.

8(B) Three months of monthly income statements.

9(l) This section does not permit a person to drive without a valid
10driver’s license.

11(m) The requirements of this section are in addition to any other
12requirements of law.

13(n) For the purposes of this section, “vehicle” does not include
14a motorcycle until the state certifies an ignition interlock device
15that can be installed on a motorcycle. A person subject to an
16ignition interlock device restriction shall not operate a motorcycle
17for the duration of the ignition interlock device restriction period.

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

19

SEC. 24.  

Section 23575.5 is added to the Vehicle Code, to
20read:

21

23575.5.  

(a) On or before June 1, 2021, the Department of
22Motor Vehicles shall report to the Legislature regarding the
23implementation and efficacy of the program enacted by the act
24that added this section.

25(b) The report described in subdivision (a) shall, at a minimum,
26include all of the following:

27(1) Whether anyone who was required to have an ignition
28interlock device installed as a result of the program killed or injured
29anyone in an accident while he or she was operating a vehicle
30under the influence of alcohol.

31(2) Whether anyone who was required to have an ignition
32interlock device installed as a result of the program was convicted
33of an alcohol-related violation of Section 23103, as specified in
34Section 23103.5, or Section 23140, 23152, or 23153, or Section
35191.5 or subdivision (a) of Section 192.5 of the Penal Code during
36the term in which the person was required to have the ignition
37interlock device installed.

38(3) A comparison of the number of injuries and deaths resulting
39from alcohol-related motor vehicle accidents between July 1, 2017,
P66   1and January 1, 2021, inclusive, and during periods of similar
2duration prior to the implementation of the program.

3(4) A comparison of the number of individuals who have been
4convicted more than one time for driving under the influence of
5alcohol between July 1, 2017, and January 1, 2021, inclusive, and
6periods of similar duration prior to the implementation of the
7program.

8(c) The report described in subdivision (a) shall be submitted
9in compliance with Section 9795 of the Government Code.

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

11(2) Pursuant to Section 10231.5 of the Government Code, this
12section shall become inoperative on June 1, 2025, and, as of
13January 1, 2026, is repealed, unless a later enacted statute, that
14becomes operative on or before January 1, 2026, deletes or extends
15the dates on which it becomes inoperative and is repealed.

16

SEC. 25.  

Section 23576 of the Vehicle Code is amended to
17read:

18

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
19person is required to operate a motor vehicle in the course and
20scope of his or her employment and if the vehicle is owned by the
21employer, the person may operate that vehicle without installation
22of an approved ignition interlock device if the employer has been
23notified by the person that the person’s driving privilege has been
24restricted pursuant to Section 23575 or 23700 and if the person
25has proof of that notification in his or her possession, or if the
26notice, or a facsimile copy thereof, is with the vehicle.

27(b) A motor vehicle owned by a business entity that is all or
28partly owned or controlled by a person otherwise subject to Section
2923575 or 23700, is not a motor vehicle owned by the employer
30subject to the exemption in subdivision (a).

31(c) This section shall become inoperative on July 1, 2017, and,
32as of January 1, 2018, is repealed, unless a later enacted statute,
33that becomes operative on or before January 1, 2017, deletes or
34extends the dates on which it becomes inoperative and is repealed.

35

SEC. 26.  

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

36

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
3723700, if a person is required to operate a motor vehicle in the
38course and scope of his or her employment and if the vehicle is
39owned by the employer, the person may operate that vehicle
40without installation of an approved ignition interlock device if the
P67   1employer has been notified by the person that the person’s driving
2privilege has been restricted pursuant to Section 23575, 23575.3,
3or 23700 and if the person has proof of that notification in his or
4her possession, or if the notice, or a facsimile copy thereof, is with
5the vehicle.

6(b) A motor vehicle owned by a business entity that is all or
7partly owned or controlled by a person otherwise subject to Section
823575, 23575.3, or 23700, is not a motor vehicle owned by the
9employer subject to the exemption in subdivision (a).

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

11

SEC. 27.  

Section 23597 of the Vehicle Code is amended to
12read:

13

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
1413352, a court may order a 10-year revocation of the driver’s
15license of a person who has been convicted of three or more
16separate violations of Section 23152 or 23153, the last of which
17is punishable under Section 23546, 23550, 23550.5, or 23566.
18When making this order, the court shall consider all of the
19following:

20(1) The person’s level of remorse for the acts.

21(2) The period of time that has elapsed since the person’s
22previous convictions.

23(3) The person’s blood-alcohol level at the time of the violation.

24(4) The person’s participation in an alcohol treatment program.

25(5) The person’s risk to traffic or public safety.

26(6) The person’s ability to install a certified ignition interlock
27device in each motor vehicle that he or she owns or operates.

28(b) Upon receipt of a duly certified abstract of the record of the
29court showing the court has ordered a 10-year revocation of a
30driver’s license pursuant to this section, the department shall revoke
31the person’s driver’s license for 10 years, except as provided in
32subdivision (c).

33(c) (1) Five years from the date of the last conviction of a
34violation of Section 23152 or 23153, a person whose license was
35revoked pursuant to subdivision (a) may apply to the department
36to have his or her privilege to operate a motor vehicle reinstated,
37subject to the condition that the person submits the “Verification
38of Installation” form described in paragraph (2) of subdivision (g)
39of Section 13386 and agrees to maintain the ignition interlock
40device as required under subdivision (g) of Section 23575.
P68   1Notwithstanding Chapter 5 (commencing with Section 23700) or
2subdivision (f) of Section 23575, the ignition interlock device shall
3remain on the person’s motor vehicle for two years following the
4reinstatement of the person’s driving privilege pursuant to this
5section.

6(2) The department shall reinstate the person’s license pursuant
7to paragraph (1), if the person satisfies all of the following
8conditions:

9(A) The person was not convicted of any drug- or alcohol-related
10offenses, under state law, during the driver’s license revocation
11period.

12(B) The person successfully completed a
13driving-under-the-influence program, licensed pursuant to Section
1411836 of the Health and Safety Code, following the date of the
15last conviction of a violation of Section 23152 or 23153.

16(C) The person was not convicted of violating Section 14601,
1714601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
18revocation period.

19(3) The department shall immediately terminate the restriction
20issued pursuant to this section and shall immediately revoke the
21privilege to operate a motor vehicle of a person who attempts to
22remove, bypass, or tamper with the device, who has the device
23removed prior to the termination date of the restriction, or who
24fails three or more times to comply with any requirement for the
25maintenance or calibration of the ignition interlock device. The
26privilege shall remain revoked for the remaining period of the
27original revocation and until all reinstatement requirements are
28met.

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

33

SEC. 28.  

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

34

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
3513352, a court may order a 10-year revocation of the driver’s
36license of a person who has been convicted of three or more
37separate violations of Section 23152 or 23153, the last of which
38is punishable under Section 23546, 23550, 23550.5, or 23566.
39When making this order, the court shall consider all of the
40following:

P69   1(1) The person’s level of remorse for the acts.

2(2) The period of time that has elapsed since the person’s
3previous convictions.

4(3) The person’s blood-alcohol level at the time of the violation.

5(4) The person’s participation in an alcohol treatment program.

6(5) The person’s risk to traffic or public safety.

7(6) The person’s ability to install a certified ignition interlock
8device in each motor vehicle that he or she owns or operates.

9(b) Upon receipt of a duly certified abstract of the record of the
10court showing the court has ordered a 10-year revocation of a
11driver’s license pursuant to this section, the department shall revoke
12the person’s driver’s license for 10 years, except as provided in
13subdivision (c).

14(c) (1) Five years from the date of the last conviction of a
15violation of Section 23152 or 23153, a person whose license was
16revoked pursuant to subdivision (a) may apply to the department
17to have his or her privilege to operate a motor vehicle reinstated,
18subject to the condition that the person submits the “Verification
19of Installation” form described in paragraph (2) of subdivision (g)
20of Section 13386 and agrees to maintain the ignition interlock
21device as required under subdivision (f) of Section 23575.3.
22Notwithstanding Chapter 5 (commencing with Section 23700) or
23Section 23575.3, the ignition interlock device shall remain on the
24person’s motor vehicle for two years following the reinstatement
25of the person’s driving privilege pursuant to this section.

26(2) The department shall reinstate the person’s license pursuant
27to paragraph (1), if the person satisfies all of the following
28conditions:

29(A) The person was not convicted of any drug- or alcohol-related
30offenses, under state law, during the driver’s license revocation
31period.

32(B) The person successfully completed a
33driving-under-the-influence program, licensed pursuant to Section
3411836 of the Health and Safety Code, following the date of the
35last conviction of a violation of Section 23152 or 23153 of this
36code.

37(C) The person was not convicted of violating Section 14601,
3814601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
39revocation period.

P70   1(3) The department shall immediately terminate the restriction
2issued pursuant to this section and shall immediately revoke the
3privilege to operate a motor vehicle of a person who attempts to
4remove, bypass, or tamper with the device, who has the device
5removed prior to the termination date of the restriction, or who
6fails three or more times to comply with any requirement for the
7maintenance or calibration of the ignition interlock device. The
8privilege shall remain revoked for the remaining period of the
9original revocation and until all reinstatement requirements are
10met.

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

12

SEC. 29.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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