Amended in Assembly August 1, 2016

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

February 12, 2016


An act to amend Sectionsbegin delete 9807end deletebegin insert 9807, 9841, 9848,end insert and 9882.14 of the Business and Professions Code, and tobegin delete amend Sections 13386 and 23103.5 of, toend deletebegin insert amend Section 23702 of, toend insert amend, repeal, and add Sections 13352, 13352.4, 13353.3, 13353.4, 13353.5,begin insert 13386, 23103.5,end insert 23247, 23573, 23575, 23576, and 23597 of, and to addbegin insert and repealend insert Sections 13353.6, 13353.75,begin insert 13390,end insert 23575.3, and 23575.5begin delete to,end deletebegin insert of,end insert 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 hasbegin delete drivenend deletebegin insert been convicted of drivingend insert 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 thebegin delete completionend deletebegin insert elapseend insert 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 thebegin delete completionend deletebegin insert elapseend insert 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.begin delete Theend deletebegin insert Under existing law, theend insert amount of time the ignition interlock device is required to be installed is based upon the number ofbegin delete convictions,end deletebegin insert prior convictions suffered by the individual,end insert as prescribed.

begin delete

Effective July 1, 2017,

end delete

begin insertThis bill would extend the pilot program in those counties until July 1, 2018. Effective Julyend insertbegin insert 1, 2018, and until January 1, 2025,end insert 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 alsobegin delete requireend deletebegin insert require, commencing Julyend insertbegin insert 1, 2018, and until January 1, 2025,end insert a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to installbegin insert for a specified period of timeend insert an ignition interlock device on all vehicles that he or she owns orbegin delete operates for a specified period of time.end deletebegin insert operates.end insert The billbegin delete wouldend deletebegin insert would, commencing July 1, 2018, and until January 1, 2025,end insert 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 billbegin delete wouldend deletebegin insert would, commencing July 1, 2018, and until January 1, 2025,end insert 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 thebegin delete Department of Motor Vehiclesend deletebegin insert Legislative Analyst’s Officeend insert to issue a report to the Legislature by June 1,begin delete 2021,end deletebegin insert 2024,end insert 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 tobegin insert issue a citation to, orend insert 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.

begin insert

The bill would require, commencing July 1, 2018, until January 1, 2025, an ignition interlock device manufacturer to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device and would require those manufacturers to provide information to an individual who is required to install an ignition interlock device pursuant to a restricted driver’s license. The bill would make a violation of those requirements subject to a civil assessment not exceeding $1,000, as specified.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P5    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 monitorbegin insert certifiedend insert
7 ignition interlock devices.

8(b) (1) The director maybegin insert issue a citation to, orend insert suspend, revoke,
9or place on probation the registrationbegin delete ofend deletebegin insert of,end insert a service dealer who
10installs, calibrates, services, maintains, or monitors ignition
11interlock devices if the service dealer is not in compliance with
12subdivision (k) of Section 23575.3 of the Vehicle Code.

13(2) A service dealer shall provide to an individual receiving
14ignition interlock device services the information provided in
15 subdivision (k) of Section 23575.3 of the Vehicle Code along with
16the contact telephone number of the bureau.

17(c) The bureau shall adopt regulations to implement this section
18consistent with the standards adopted by the Bureau of Automotive
19Repair and the Office of Traffic Safety under Section 9882.14.

20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 9841 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
21amended to read:end insert

22

9841.  

(a) The director maybegin insert issue a citation, orend insert deny, suspend,
23revoke, or place on probation the registration of a service dealer
24for any of the following acts or omissions done by himself or
25herself or any employee, partner, officer, or member of the service
26dealer and related to the conduct of his or her business:

27(1) Making or authorizing any statement or advertisement that
28is untrue or misleading, and that is known, or which by the exercise
29of reasonable care should be known, to be untrue or misleading.

30(2) Making any false promises of a character likely to influence,
31persuade, or induce a customer to authorize the repair, installation,
32service, or maintenance of the equipment as specified by this
33chapter.

P6    1(3) Any other conduct that constitutes fraud or dishonest dealing.

2(4) Conduct constituting incompetence or negligence.

3(5) Failure to comply with the provisions of this chapter or any
4regulation, rule, or standard established pursuant to this chapter.

5(6) Any willful departure from or disregard of accepted trade
6standards for good and workmanlike installation or repair.

7(7) Conviction of a crime that has a substantial relationship to
8the qualifications, functions and duties of a registrant under this
9chapter, in which event the record of the conviction shall be
10conclusive evidence thereof.

11(8) A violation of any order of the bureau made pursuant to this
12chapter.

13(b) The director may also deny, or may suspend, revoke, or
14place on probation, the registration of a service dealer if the
15applicant or registrant, as the case may be, has committed acts or
16crimes constituting grounds for denial of licensure under Section
17480.

18(c) The director may also deny, or may suspend, revoke, or
19place on probation, the registration of a service dealer if the
20applicant or registrant, as the case may be, will be or is holding
21the registration for the benefit of a former registrant whose
22registration has been suspended or revoked and who will continue
23to have some involvement in the applicant’s or new registrant’s
24business.

25begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 9848 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
26amended to read:end insert

27

9848.  

All proceedings tobegin insert contest a citation or toend insert deny
28registration or suspend, revoke, or place on probation a registration
29shall be conducted pursuant to Chapter 5 (commencing with
30Section 11500) of Part 1 of Division 3 of Title 2 of the Government
31Code.

32

begin deleteSEC. 2.end delete
33
begin insertSEC. 4.end insert  

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

35

9882.14.  

(a) The bureau shall cooperate with the Office of
36Traffic Safety and adopt standards for the installation, maintenance,
37and servicing ofbegin insert certifiedend insert ignition interlock devices by automotive
38repair dealers.

P7    1(b) The manufacturers ofbegin insert certifiedend insert ignition interlock devices
2shall comply with standards established by the bureau for the
3installation of those ignition interlock devices.

4(c) The bureau may charge manufacturers of certified interlock
5ignition devices a fee to recover the cost of monitoring installation
6standards.

7(d) (1) The director maybegin insert issue a citation to, orend insert suspend or
8revoke the registrationbegin delete ofend deletebegin insert of,end insert an automotive repair dealer who
9installs, maintains, and services ignition interlock devices if the
10automotive repair dealer is not in compliance with subdivision (k)
11of Section 23575.3 of the Vehicle Code.

12(2) An automotive repair dealer shall provide to an individual
13receiving ignition interlock device services the information
14provided in subdivision (k) of Section 23575.3 of the Vehicle Code
15along with the contact telephone number of the bureau.

16

begin deleteSEC. 3.end delete
17
begin insertSEC. 5.end insert  

Section 13352 of the Vehicle Code is amended to read:

18

13352.  

(a) The department shall immediately suspend or
19revoke the privilege of a person to operate a motor vehicle upon
20the receipt of an abstract of the record of a court showing that the
21person has been convicted of a violation of Section 23152 or 23153,
22subdivision (a) of Section 23109, or Section 23109.1, or upon the
23receipt of a report of a judge of the juvenile court, a juvenile traffic
24hearing officer, or a referee of a juvenile court showing that the
25person has been found to have committed a violation of Section
2623152 or 23153, subdivision (a) of Section 23109, or Section
2723109.1. If an offense specified in this section occurs in a vehicle
28defined in Section 15210, the suspension or revocation specified
29in this subdivision also applies to the noncommercial driving
30privilege. The commercial driving privilege shall be disqualified
31 as specified in Sections 15300 to 15302, inclusive. For the purposes
32of this section, suspension or revocation shall be as follows:

33(1) Except as required under Section 13352.1 or 13352.4, upon
34a conviction or finding of a violation of Section 23152 punishable
35under Section 23536, the privilege shall be suspended for a period
36of six months. The privilege shall not be reinstated until the person
37gives proof of financial responsibility and gives proof satisfactory
38to the department of successful completion of a
39driving-under-the-influence program licensed pursuant to Section
4011836 of the Health and Safety Code described in subdivision (b)
P8    1of Section 23538 of this code. If the court, as authorized under
2paragraph (3) of subdivision (b) of Section 23646, elects to order
3a person to enroll in, participate in, and complete either program
4described in subdivision (b) of Section 23542, the department shall
5require that program in lieu of the program described in subdivision
6(b) of Section 23538. For the purposes of this paragraph, enrollment
7in, participation in, and completion of an approved program shall
8occur subsequent to the date of the current violation. Credit shall
9not be given to any program activities completed prior to the date
10of the current violation.

11(2) Upon a conviction or finding of a violation of Section 23153
12punishable under Section 23554, the privilege shall be suspended
13for a period of one year. The privilege shall not be reinstated until
14the person gives proof of financial responsibility and gives proof
15satisfactory to 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 subdivision
18(b) of Section 23556 of this code. If the court, as authorized under
19paragraph (3) of subdivision (b) of Section 23646, elects to order
20a person to enroll in, participate in, and complete either program
21described in subdivision (b) of Section 23542, the department shall
22require that program in lieu of the program described in Section
2323556. For the purposes of this paragraph, enrollment,
24participation, and completion of an approved program shall occur
25subsequent to the date of the current violation. Credit shall not be
26given to any program activities completed prior to the date of the
27current violation.

28(3) Except as provided in Section 13352.5, upon a conviction
29or finding of a violation of Section 23152 punishable under Section
3023540, the privilege shall be suspended for two years. The privilege
31shall not be reinstated until the person gives proof of financial
32responsibility and gives proof satisfactory to the department of
33successful completion of a driving-under-the-influence program
34licensed pursuant to Section 11836 of the Health and Safety Code
35as described in subdivision (b) of Section 23542 of this code. For
36 the purposes of this paragraph, enrollment in, participation in, and
37completion of an approved program shall be subsequent to the date
38of the current violation. Credit shall not be given to any program
39activities completed prior to the date of the current violation. The
40department shall advise the person that he or she may apply to the
P9    1department for a restriction of the driving privilege if the person
2meets all of the following requirements:

3(A) Completion of 12 months of the suspension period, or
4completion of 90 days of the suspension period if the underlying
5conviction did not include the use of drugs as defined in Section
6312 and the person was found to be only under the influence of an
7alcoholic beverage at the time of the violation.

8(B) The person satisfactorily provides, subsequent to the
9violation date of the current underlying conviction, either of the
10following:

11(i) Proof of enrollment in an 18-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code if a 30-month program is
14unavailable in the person’s county of residence or employment.

15(ii) Proof of enrollment in a 30-month
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code, if available in the county of
18the person’s residence or employment.

19(C) The person agrees, as a condition of the restriction, to
20continue satisfactory participation in the program described in
21subparagraph (B).

22(D) The person submits the “Verification of Installation” form
23described in paragraph (2) of subdivision (g) of Section 13386.

24(E) The person agrees to maintain thebegin insert functioning, certifiedend insert
25 ignition interlock device as required under subdivision (g) of
26Section 23575.

27(F) The person provides proof of financial responsibility, as
28defined in Section 16430.

29(G) The person pays all reissue fees and any restriction fee
30required by the department.

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

34(I) The restriction shall remain in effect for the period required
35in subdivision (f) of Section 23575.

36(4) Except as provided in this paragraph, upon a conviction or
37finding of a violation of Section 23153 punishable under Section
3823560, the privilege shall be revoked for a period of three years.
39The privilege may not be reinstated until the person gives proof
40of financial responsibility, and the person gives proof satisfactory
P10   1to the department of successful completion of a
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, as described in paragraph
4(4) of subdivision (b) of Section 23562 of this code. For the
5purposes of this paragraph, enrollment in, participation in, and
6completion of an approved program shall occur subsequent to the
7date of the current violation. Credit shall not be given to any
8program activities completed prior to the date of the current
9violation. The department shall advise the person that after the
10completion of 12 months of the revocation period, which may
11include credit for a suspension period served under subdivision
12(c) of Section 13353.3, he or she may apply to the department for
13a restricted driver’s license if the person meets all of the following
14 requirements:

15(A) The person satisfactorily provides, subsequent to the
16violation date of the current underlying conviction, either of the
17following:

18(i) The initial 12 months of an 18-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code if a 30-month program is
21unavailable in the person’s county of residence or employment.

22(ii) The initial 12 months of a 30-month
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code, if available in the county of
25the person’s residence or employment.

26(B) The person agrees, as a condition of the restriction, to
27continue satisfactory participation in the program described in
28subparagraph (A).

29(C) The person submits the “Verification of Installation” form
30described in paragraph (2) of subdivision (g) of Section 13386.

31(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
32 ignition interlock device as required under subdivision (g) of
33Section 23575.

34(E) The person provides proof of financial responsibility, as
35defined in Section 16430.

36(F) The person pays all applicable reinstatement or reissue fees
37and any restriction fee required by the department.

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

P11   1(5) Except as provided in this paragraph, upon a conviction or
2finding of a violation of Section 23152 punishable under Section
323546, the privilege shall be revoked for a period of three years.
4The privilege shall not be reinstated until the person files proof of
5financial responsibility and gives proof satisfactory to the
6department of successful completion of an 18-month
7driving-under-the-influence program licensed pursuant to Section
811836 of the Health and Safety Code, as described in subdivision
9(b) or (c) of Section 23548 of this code, if a 30-month program is
10unavailable in the person’s county of residence or employment,
11or, if available in the county of the person’s residence or
12employment, a 30-month driving-under-the-influence program
13licensed pursuant to Section 11836 of the Health and Safety Code,
14or a program specified in Section 8001 of the Penal Code. For the
15purposes of this paragraph, enrollment in, participation in, and
16completion of an approved program shall occur subsequent to the
17date of the current violation. Credit shall not be given to any
18program activities completed prior to the date of the current
19violation. The department shall advise the person that he or she
20may apply to the department for a restricted driver’s license, which
21may include credit for a suspension period served under subdivision
22(c) of Section 13353.3, if the person meets all of the following
23requirements:

24(A) Completion of 12 months of the suspension period, or
25completion of six months of the suspension period if the underlying
26conviction did not include the use of drugs as defined in Section
27312 and the person was found to be only under the influence of an
28alcoholic beverage at the time of the violation.

29(B) 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
33 driving-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) 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.

P12   1(C) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (B).

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

6(E) The person agrees to maintain thebegin insert functioning, certifiedend insert
7 ignition interlock device as required under subdivision (g) of
8Section 23575.

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

11(G) An individual convicted of a violation of Section 23152
12punishable under Section 23546 may also, at any time after
13sentencing, petition the court for referral to an 18-month
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code, or, if available in the county
16of the person’s residence or employment, a 30-month
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code. Unless good cause is shown,
19the court shall order the referral.

20(H) The person pays all applicable reinstatement or reissue fees
21and any restriction fee required by the department.

22(I) The person pays to the department a fee sufficient to cover
23the costs of administration of this paragraph, as determined by the
24department.

25(J) The restriction shall remain in effect for the period required
26in subdivision (f) of Section 23575.

27(6) Except as provided in this paragraph, upon a conviction or
28finding of a violation of Section 23153 punishable under Section
2923550.5 or 23566, the privilege shall be revoked for a period of
30five years. The privilege may not be reinstated until the person
31gives proof of financial responsibility and gives proof satisfactory
32to the department of successful completion of a
33driving-under-the-influence program licensed pursuant to Section
3411836 of the Health and Safety Code as described in subdivision
35(b) of Section 23568 of this code, or if available in the county of
36the person’s residence or employment, a 30-month
37driving-under-the-influence program licensed pursuant to Section
3811836 of the Health and Safety Code, or a program specified in
39Section 8001 of the Penal Code. For the purposes of this paragraph,
40enrollment in, participation in, and completion of an approved
P13   1program shall be subsequent to the date of the current violation.
2Credit shall not be given to any program activities completed prior
3to the date of the current violation. The department shall advise
4the person that after completion of 12 months of the revocation
5period, which may include credit for a suspension period served
6under subdivision (c) of Section 13353.3, he or she may apply to
7the department for a restricted driver’s license if the person meets
8all of the following requirements:

9(A) The person satisfactorily provides, subsequent to the
10violation date of the current underlying conviction, either of the
11following:

12(i) Completion of the initial 12 months of a 30-month
13driving-under-the-influence program licensed pursuant to Section
1411836 of the Health and Safety Code, if available in the county of
15the person’s residence or employment.

16(ii) Completion of the initial 12 months of an 18-month
17driving-under-the-influence program licensed pursuant to Section
18 11836 of the Health and Safety Code, if a 30-month program is
19unavailable in the person’s county of residence or employment.

20(B) The person agrees, as a condition of the restriction, to
21continue satisfactory participation in the program described in
22subparagraph (A).

23(C) The person submits the “Verification of Installation” form
24described in paragraph (2) of subdivision (g) of Section 13386.

25(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
26 ignition interlock device as required under subdivision (g) of
27Section 23575.

28(E) The person provides proof of financial responsibility, as
29defined in Section 16430.

30(F) An individual convicted of a violation of Section 23153
31punishable under Section 23566 may also, at any time after
32sentencing, petition the court for referral to an 18-month
33driving-under-the-influence program licensed pursuant to Section
3411836 of the Health and Safety Code, or, if available in the county
35of the person’s residence or employment, a 30-month
36driving-under-the-influence program licensed pursuant to Section
3711836 of the Health and Safety Code. Unless good cause is shown,
38the court shall order the referral.

39(G) The person pays all applicable reinstatement or reissue fees
40and any restriction fee required by the department.

P14   1(H) The restriction shall remain in effect for the period required
2in subdivision (f) of Section 23575.

3(7) Except as provided in this paragraph, upon a conviction or
4finding of a violation of Section 23152 punishable under Section
523550 or 23550.5, or of a violation of Section 23153 punishable
6under Section 23550.5, the privilege shall be revoked for a period
7of four years. The privilege shall not be reinstated until the person
8files proof of financial responsibility and gives proof satisfactory
9to the department of successful completion of an 18-month
10driving-under-the-influence program licensed pursuant to Section
1111836 of the Health and Safety Code, if a 30-month program is
12unavailable in the person’s county of residence or employment,
13or, if available in the county of the person’s residence or
14employment, a 30-month driving-under-the-influence program
15licensed pursuant to Section 11836 of the Health and Safety Code,
16or a program specified in Section 8001 of the Penal Code. For the
17purposes of this paragraph, enrollment in, participation in, and
18completion of an approved program shall occur subsequent to the
19date of the current violation. Credit shall not be given to any
20program activities completed prior to the date of the current
21violation. The department shall advise the person that after
22completion of 12 months of the revocation period, which may
23include credit for a suspension period served under subdivision
24(c) of Section 13353.3, he or she may apply to the department for
25a restricted driver’s license if the person meets all of the following
26requirements:

27(A) The person satisfactorily provides, subsequent to the
28violation date of the current underlying conviction, either of the
29following:

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

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

38(B) The person agrees, as a condition of the restriction, to
39continue satisfactory participation in the program described in
40subparagraph (A).

P15   1(C) The person submits the “Verification of Installation” form
2described in paragraph (2) of subdivision (g) of Section 13386.

3(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
4 ignition interlock device as required under subdivision (g) of
5Section 23575.

6(E) The person provides proof of financial responsibility, as
7defined in Section 16430.

8(F) An individual convicted of a violation of Section 23152
9punishable under Section 23550 may also, at any time after
10sentencing, petition the court for referral to an 18-month
11driving-under-the-influence program licensed pursuant to Section
1211836 of the Health and Safety Code, or, if available in the county
13of the person’s residence or employment, a 30-month
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code. Unless good cause is shown,
16the court shall order the referral.

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

19(H) The restriction shall remain in effect for the period required
20in subdivision (f) of Section 23575.

21(8) Upon a conviction or finding of a violation of subdivision
22(a) of Section 23109 that is punishable under subdivision (e) of
23that section or Section 23109.1, the privilege shall be suspended
24for a period of 90 days to six months, if ordered by the court. The
25privilege shall not be reinstated until the person gives proof of
26financial responsibility, as defined in Section 16430.

27(9) Upon a conviction or finding of a violation of subdivision
28(a) of Section 23109 that is punishable under subdivision (f) of
29that section, the privilege shall be suspended for a period of six
30months, if ordered by the court. The privilege shall not be reinstated
31until the person gives proof of financial responsibility, as defined
32in Section 16430.

33(b) For the purpose of paragraphs (2) to (9), inclusive, of
34subdivision (a), the finding of the juvenile court judge, the juvenile
35hearing officer, or the referee of a juvenile court of a commission
36of a violation of Section 23152 or 23153, subdivision (a) of Section
3723109, or Section 23109.1, as specified in subdivision (a) of this
38section, is a conviction.

P16   1(c) A judge of a juvenile court, juvenile hearing officer, or
2referee of a juvenile court shall immediately report the findings
3specified in subdivision (a) to the department.

4(d) A conviction of an offense in a state, territory, or possession
5of the United States, the District of Columbia, the Commonwealth
6of Puerto Rico, or Canada that, if committed in this state, would
7be a violation of Section 23152, is a conviction of Section 23152
8for the purposes of this section, and a conviction of an offense
9that, if committed in this state, would be a violation of Section
1023153, is a conviction of Section 23153 for the purposes of this
11section. The department shall suspend or revoke the privilege to
12operate a motor vehicle pursuant to this section upon receiving
13notice of that conviction.

14(e) For the purposes of the restriction conditions specified in
15paragraphs (3) to (7), inclusive, of subdivision (a), the department
16shall terminate the restriction imposed pursuant to this section and
17shall suspend or revoke the person’s driving privilege upon receipt
18of notification from the driving-under-the-influence program that
19the person has failed to comply with the program requirements.
20The person’s driving privilege shall remain suspended or revoked
21for the remaining period of the original suspension or revocation
22imposed under this section and until all reinstatement requirements
23described in this section are met.

24(f) For the purposes of this section, completion of a program is
25the following:

26(1) Satisfactory completion of all program requirements
27approved pursuant to program licensure, as evidenced by a
28certificate of completion issued, under penalty of perjury, by the
29licensed program.

30(2) Certification, under penalty of perjury, by the director of a
31program specified in Section 8001 of the Penal Code, that the
32person has completed a program specified in Section 8001 of the
33Penal Code.

34(g) The holder of a commercial driver’s license who was
35operating a commercial motor vehicle, as defined in Section 15210,
36at the time of a violation that resulted in a suspension or revocation
37of the person’s noncommercial driving privilege under this section
38is not eligible for the restricted driver’s license authorized under
39paragraphs (3) to (7), inclusive, of subdivision (a).

P17   1(h) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
2 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
3statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert
4 deletes or extends the dates on which it becomes inoperative and
5is repealed.

6

begin deleteSEC. 4.end delete
7
begin insertSEC. 6.end insert  

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

8

13352.  

(a) The department shall immediately suspend or
9revoke the privilege of a person to operate a motor vehicle upon
10the receipt of an abstract of the record of a court showing that the
11person has been convicted of a violation of Section 23152 or 23153,
12subdivision (a) of Section 23109, or Section 23109.1, or upon the
13receipt of a report of a judge of the juvenile court, a juvenile traffic
14hearing officer, or a referee of a juvenile court showing that the
15person has been found to have committed a violation of Section
1623152 or 23153, subdivision (a) of Section 23109, or Section
1723109.1. If an offense specified in this section occurs in a vehicle
18defined in Section 15210, the suspension or revocation specified
19in this subdivision applies also to the noncommercial driving
20privilege. The commercial driving privilege shall be disqualified
21as specified in Sections 15300 to 15302, inclusive. For the purposes
22of this section, suspension or revocation shall be as follows:

23(1) Except as required under Section 13352.1 or 13352.4, upon
24a conviction or finding of a violation of Section 23152 punishable
25under Section 23536, the privilege shall be suspended for a period
26of six months. The privilege shall not be reinstated until the person
27gives proof of financial responsibility and gives proof satisfactory
28to the department of successful completion of a
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code described in subdivision (b)
31of Section 23538 of this code. If the court, as authorized under
32paragraph (3) of subdivision (b) of Section 23646, elects to order
33a person to enroll in, participate in, and complete either program
34described in subdivision (b) of Section 23542, the department shall
35require that program in lieu of the program described in subdivision
36(b) of Section 23538. For the purposes of this paragraph, enrollment
37in, participation in, and completion of an approved program shall
38occur subsequent to the date of the current violation. Credit shall
39not be given to any program activities completed prior to the date
40of the current violation.

P18   1(2) Upon a conviction or finding of a violation of Section 23153
2punishable under Section 23554, the privilege shall be suspended
3for a period of one year. The privilege shall not be reinstated until
4the person gives proof of financial responsibility and gives proof
5satisfactory to the department of successful completion of a
6driving-under-the-influence program licensed pursuant to Section
711836 of the Health and Safety Code as described in subdivision
8(b) of Section 23556 of this code. If the court, as authorized under
9paragraph (3) of subdivision (b) of Section 23646, elects to order
10a person to enroll in, participate in, and complete either program
11described in subdivision (b) of Section 23542, the department shall
12require that program in lieu of the program described in Section
1323556. For the purposes of this paragraph, enrollment in,
14participation in, and completion of an approved program shall
15occur subsequent to the date of the current violation. Credit shall
16not be given to any program activities completed prior to the date
17of the current violation. The department shall advise the person
18that he or she may apply to the department for a restricted driver’s
19license if the person meets all of the following requirements:

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

23(i) Proof of enrollment in a driving-under-the-influence program
24licensed pursuant to Section 11836 of the Health and Safety Code,
25as described in subdivision (b) of Section 23556 of this code.

26(ii) Proof of enrollment in a program described in subdivision
27(b) of Section 23542, if the court has ordered the person to enroll
28in, participate in, and complete either program described in that
29section, in which case the person shall not be required to provide
30the proof described in clause (i).

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

34(C) The person complies withbegin delete subdivision (d) ofend delete Section
3523575.3, if applicable.

36(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
37 ignition interlock device as required under Section 23575.3, if
38applicable.

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

P19   1(F) The person pays all reissue fees and any restriction fee
2required by the department.

3(G) The person pays to the department a fee sufficient to cover
4the reasonable costs of administering the requirements of this
5paragraph, as determined by the department.

6(H) The restriction shall remain in effect for the period required
7in subdivision (e).

8(3) Except as provided in Section 13352.5, upon a conviction
9or finding of a violation of Section 23152 punishable under Section
1023540, the privilege shall be suspended for two years. The privilege
11shall not be reinstated until the person gives proof of financial
12responsibility and gives proof satisfactory to the department of
13successful completion of a driving-under-the-influence program
14licensed pursuant to Section 11836 of the Health and Safety Code
15 as described in subdivision (b) of Section 23542 of this code. For
16the purposes of this paragraph, enrollment in, participation in, and
17completion of an approved program shall occur subsequent to the
18date of the current violation. Credit shall not be given to any
19program activities completed prior to the date of the current
20violation. The department shall advise the person that he or she
21may apply to the department for a restricted driver’s license if the
22person meets all of the following requirements:

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

26(i) Proof of enrollment in an 18-month
27driving-under-the-influence program licensed pursuant to Section
28 11836 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(B) The person agrees, as a condition of the restriction, to
35continue satisfactory participation in the program described in
36subparagraph (A).

37(C) The person complies withbegin delete subdivision (d) ofend delete Section
3823575.3, if applicable.

P20   1(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
2 ignition interlock device as required under Section 23575.3, if
3applicable.

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

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

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

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

13(4) Except as provided in this paragraph, upon a conviction or
14finding of a violation of Section 23153 punishable under Section
1523560, the privilege shall be revoked for a period of three years.
16The privilege may not be reinstated until the person gives proof
17of financial responsibility, and the person gives proof satisfactory
18to the department of successful completion of a
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code, as described in paragraph
21(4) of subdivision (b) of Section 23562 of this code. For the
22purposes 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.

P21   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 withbegin delete subdivision (d) ofend delete Section
523575.3, if applicable.

6(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
7 ignition interlock device as required under Section 23575.3, if
8applicable.

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

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

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

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

18(5) Except as provided in this paragraph, upon a conviction or
19finding of a violation of Section 23152 punishable under Section
2023546, the privilege shall be revoked for a period of three years.
21The privilege shall not be reinstated until the person files proof of
22financial responsibility and gives proof satisfactory to the
23department of successful completion of an 18-month
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code, as described in subdivision
26(b) or (c) of Section 23548 of this code, if a 30-month program is
27unavailable in the person’s county of residence or employment,
28or, if available in the county of the person’s residence or
29employment, a 30-month driving-under-the-influence program
30licensed pursuant to Section 11836 of the Health and Safety Code,
31or a program specified in Section 8001 of the Penal Code. For the
32purposes of this paragraph, enrollment in, participation in, and
33completion of an approved program shall occur subsequent to the
34date of the current violation. Credit shall not be given to any
35program activities completed prior to the date of the current
36violation. The department shall advise the person that he or she
37may apply to the department for a restricted driver’s license if the
38person meets all of the following requirements:

P22   1(A) The person satisfactorily provides, subsequent to the
2violation date of the current underlying conviction, either of the
3following:

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

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

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

15(C) The person complies withbegin delete subdivision (d) ofend delete Section
1623575.3, if applicable.

17(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
18 ignition interlock device as required under Section 23575.3, if
19applicable.

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

22(F) An individual convicted of a violation of Section 23152
23punishable under Section 23546 may also, at any time after
24sentencing, petition the court for referral to an 18-month
25driving-under-the-influence program licensed pursuant to Section
2611836 of the Health and Safety Code, or, if available in the county
27of the person’s residence or employment, a 30-month
28driving-under-the-influence program licensed pursuant to Section
2911836 of the Health and Safety Code. Unless good cause is shown,
30the court shall order the referral.

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

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

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

38(6) Except as provided in this paragraph, upon a conviction or
39finding of a violation of Section 23153 punishable under Section
4023550.5 or 23566, the privilege shall be revoked for a period of
P23   1five years. The privilege may not be reinstated until the person
2gives proof of financial responsibility and gives proof satisfactory
3to the department of successful completion of a
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code as described in subdivision
6(b) of Section 23568, or if available in the county of the person’s
7residence or employment, a 30-month driving-under-the-influence
8program licensed pursuant to Section 11836 of the Health and
9Safety Code, or a program specified in Section 8001 of the Penal
10Code. For the purposes of this paragraph, enrollment in,
11participation in, and completion of an approved program shall be
12subsequent to the date of the current violation. Credit shall not be
13given to any program activities completed prior to the date of the
14current violation. The department shall advise the person that he
15or she may apply to the department for a restricted driver’s license
16if the person meets all of the following requirements:

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

20(i) Proof of enrollment in a 30-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, if available in the county of
23the person’s residence or employment.

24(ii) Proof of enrollment in an 18-month
25driving-under-the-influence program licensed pursuant to Section
2611836 of the Health and Safety Code, if a 30-month program is
27unavailable in the person’s county of residence or employment.

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

31(C) The person complies withbegin delete subdivision (d) ofend delete Section
3223575.3, if applicable.

33(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
34 ignition interlock device as required under Section 23575.3, if
35applicable.

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
P24   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
P25   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 withbegin delete subdivision (d) ofend delete Section
1123575.3, if applicable.

12(D) The person agrees to maintain thebegin insert functioning, certifiedend insert
13 ignition interlock device as required under Section 23575.3, if
14applicable.

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

17(F) An individual convicted of a violation of Section 23152
18punishable under Section 23550 may also, at any time after
19sentencing, petition the court for referral to an 18-month
20driving-under-the-influence program licensed pursuant to Section
2111836 of the Health and Safety Code, or, if available in the county
22of the person’s residence or employment, a 30-month
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code. Unless good cause is shown,
25the court shall order the referral.

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

28(H) The person pays to the department a fee sufficient to cover
29the reasonable costs of administering the requirements of this
30paragraph, as determined by the department.

31(I) The restriction shall remain in effect for the period required
32in subdivision (e).

33(8) Upon a conviction or finding of a violation of subdivision
34(a) of Section 23109 that is punishable under subdivision (e) of
35that section or Section 23109.1, the privilege shall be suspended
36for a period of 90 days to six months, if ordered by the court. The
37privilege shall not be reinstated until the person gives proof of
38financial responsibility, as defined in Section 16430.

39(9) Upon a conviction or finding of a violation of subdivision
40(a) of Section 23109 that is punishable under subdivision (f) of
P26   1that section, the privilege shall be suspended for a period of six
2months, if ordered by the court. The privilege shall not be reinstated
3until the person gives proof of financial responsibility, as defined
4in Section 16430.

5(b) For the purpose of paragraphs (2) to (9), inclusive, of
6subdivision (a), the finding of the juvenile court judge, the juvenile
7hearing officer, or the referee of a juvenile court of a commission
8of a violation of Section 23152 or 23153, subdivision (a) of Section
923109, or Section 23109.1, as specified in subdivision (a) of this
10section, is a conviction.

11(c) A judge of a juvenile court, juvenile hearing officer, or
12referee of a juvenile court shall immediately report the findings
13specified in subdivision (a) to the department.

14(d) A conviction of an offense in a state, territory, or possession
15of the United States, the District of Columbia, the Commonwealth
16of Puerto Rico, or Canada that, if committed in this state, would
17be a violation of Section 23152, is a conviction of Section 23152
18for the purposes of this section, and a conviction of an offense
19that, if committed in this state, would be a violation of Section
2023153, is a conviction of Section 23153 for the purposes of this
21section. The department shall suspend or revoke the privilege to
22operate a motor vehicle pursuant to this section upon receiving
23notice of that conviction.

24(e) (1) Except as specified in paragraph (2) or (3), the restriction
25conditions specified in paragraphs (2) to (7), inclusive, of
26subdivision (a) shall remain in effect until all reinstatement
27requirements are satisfied.

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

38(3) The department shall immediatelybegin delete terminate the restriction
39issued pursuant to this section and shall immediatelyend delete
suspend or
40revoke the privilege to operate a motor vehicle of a person who,
P27   1with respect to an ignition interlock device installed pursuant to
2Section 23575.3, attempts to remove, bypass, or tamper with the
3device, has the device removed prior to the termination date of the
4restriction, or failsbegin delete three or more timesend delete to comply with any
5requirement for the maintenance or calibration of the device. The
6privilege shall remain suspended or revoked for the remaining
7period of the originating suspension or revocation and until all
8reinstatement requirements in this section arebegin delete satisfied.end deletebegin insert satisfied,
9provided, however, that if the person provides proof to the
10satisfaction of the department that the person is in compliance
11with the restriction issued pursuant to this section, the department
12may, in its discretion, restore the privilege to operate a motor
13vehicle and reimpose the remaining term of the restriction.end insert

14(f) Notwithstanding the suspension periods specified in
15paragraphs (1) to (7), inclusive, of subdivision (a) or Section
1613352.1, if the person maintainsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
17interlock device for the mandatory term required under Section
1823575.3, inclusive of any term credit earned under Section 13353.6,
19the department shall reinstate his or her privilege to operate a motor
20vehicle at the time the other reinstatement requirements are
21satisfied.

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

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

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

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

38(i) The reinstatement of the driving privilege pursuant to this
39section does not abrogate a person’s continuing duty to comply
40with any restriction imposed pursuant to Section 23575.3.

P28   1(j) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018end insertbegin insert.end insert

begin insert

2
(k) This section shall remain in effect only until January 1, 2025,
3and as of that date is repealed, unless a later enacted statute, that
4is enacted before January 1, 2025, deletes or extends that date.

end insert
5begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 13352 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
6

begin insert13352.end insert  

(a) The department shall immediately suspend or
7revoke the privilege of a person to operate a motor vehicle upon
8the receipt of an abstract of the record of a court showing that the
9person has been convicted of a violation of Section 23152 or 23153,
10subdivision (a) of Section 23109, or Section 23109.1, or upon the
11receipt of a report of a judge of the juvenile court, a juvenile traffic
12hearing officer, or a referee of a juvenile court showing that the
13person has been found to have committed a violation of Section
1423152 or 23153, subdivision (a) of Section 23109, or Section
1523109.1. If an offense specified in this section occurs in a vehicle
16defined in Section 15210, the suspension or revocation specified
17in this subdivision also applies to the noncommercial driving
18privilege. The commercial driving privilege shall be disqualified
19as specified in Sections 15300 to 15302, inclusive. For the purposes
20of this section, suspension or revocation shall be as follows:

21
(1) Except as required under Section 13352.1 or 13352.4, upon
22a conviction or finding of a violation of Section 23152 punishable
23under Section 23536, the privilege shall be suspended for a period
24of six months. The privilege shall not be reinstated until the person
25gives proof of financial responsibility and gives proof satisfactory
26to the department of successful completion of a
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code described in subdivision (b)
29of Section 23538 of this code. If the court, as authorized under
30paragraph (3) of subdivision (b) of Section 23646, elects to order
31a person to enroll in, participate in, and complete either program
32described in subdivision (b) of Section 23542, the department shall
33require that program in lieu of the program described in
34subdivision (b) of Section 23538. For the purposes of this
35paragraph, enrollment in, participation in, and completion of an
36approved program shall occur subsequent to the date of the current
37violation. Credit shall not be given to any program activities
38completed prior to the date of the current violation.

39
(2) Upon a conviction or finding of a violation of Section 23153
40punishable under Section 23554, the privilege shall be suspended
P29   1for a period of one year. The privilege shall not be reinstated until
2the person gives proof of financial responsibility and gives proof
3satisfactory to the department of successful completion of a
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code as described in subdivision
6(b) of Section 23556 of this code. If the court, as authorized under
7paragraph (3) of subdivision (b) of Section 23646, elects to order
8a person to enroll in, participate in, and complete either program
9described in subdivision (b) of Section 23542, the department shall
10require that program in lieu of the program described in Section
1123556. For the purposes of this paragraph, enrollment,
12participation, and completion of an approved program shall occur
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.

16
(3) Except as provided in Section 13352.5, upon a conviction
17or finding of a violation of Section 23152 punishable under Section
1823540, the privilege shall be suspended for two years. The privilege
19shall not be reinstated until the person gives proof of financial
20responsibility and gives proof satisfactory to the department of
21successful completion of a driving-under-the-influence program
22licensed pursuant to Section 11836 of the Health and Safety Code
23as described in subdivision (b) of Section 23542 of this code. For
24the purposes of this paragraph, enrollment in, participation in,
25and completion of an approved program shall be subsequent to
26the date of the current violation. Credit shall not be given to any
27program activities completed prior to the date of the current
28violation. The department shall advise the person that he or she
29may apply to the department for a restriction of the driving
30privilege if the person meets all of the following requirements:

31
(A) Completion of 12 months of the suspension period, or
32completion of 90 days of the suspension period if the underlying
33conviction did not include the use of drugs as defined in Section
34312 and the person was found to be only under the influence of an
35alcoholic beverage at the time of the violation.

36
(B) The person satisfactorily provides, subsequent to the
37violation date of the current underlying conviction, either of the
38following:

39
(i) Proof of enrollment in an 18-month
40driving-under-the-influence program licensed pursuant to Section
P30   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
(C) The person agrees, as a condition of the restriction, to
8continue satisfactory participation in the program described in
9 subparagraph (B).

10
(D) The person submits the “Verification of Installation” form
11described in paragraph (2) of subdivision (g) of Section 13386.

12
(E) The person agrees to maintain the ignition interlock device
13as required under subdivision (g) of Section 23575.

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

16
(G) The person pays all reissue fees and any restriction fee
17required by the department.

18
(H) The person pays to the department a fee sufficient to cover
19the costs of administration of this paragraph, as determined by
20the department.

21
(I) The restriction shall remain in effect for the period required
22in subdivision (f) of Section 23575.

23
(4) Except as provided in this paragraph, upon a conviction or
24finding of a violation of Section 23153 punishable under Section
2523560, the privilege shall be revoked for a period of three years.
26The privilege may not be reinstated until the person gives proof
27of financial responsibility, and the person gives proof satisfactory
28to the department of successful completion of a
29driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code, as described in paragraph
31(4) of subdivision (b) of Section 23562 of this code. For the
32purposes of this paragraph, enrollment in, participation in, and
33completion of an approved program shall occur subsequent to the
34date of the current violation. Credit shall not be given to any
35program activities completed prior to the date of the current
36violation. The department shall advise the person that after the
37completion of 12 months of the revocation period, which may
38include credit for a suspension period served under subdivision
39(c) of Section 13353.3, he or she may apply to the department for
P31   1a restricted driver’s license if the person meets all of the following
2requirements:

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

6
(i) The initial 12 months of 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) The initial 12 months of 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 submits the “Verification of Installation” form
18described in paragraph (2) of subdivision (g) of Section 13386.

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

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

23
(F) The person pays all applicable reinstatement or reissue fees
24and any restriction fee required by the department.

25
(G) The restriction shall remain in effect for the period required
26in subdivision (f) of Section 23575.

27
(5) Except as provided in this paragraph, upon a conviction or
28finding of a violation of Section 23152 punishable under Section
2923546, the privilege shall be revoked for a period of three years.
30The privilege shall not be reinstated until the person files proof of
31financial responsibility and gives proof satisfactory to the
32department of successful completion of an 18-month
33driving-under-the-influence program licensed pursuant to Section
3411836 of the Health and Safety Code, as described in subdivision
35(b) or (c) of Section 23548 of this code, if a 30-month program is
36unavailable in the person’s county of residence or employment,
37or, if available in the county of the person’s residence or
38employment, a 30-month driving-under-the-influence program
39licensed pursuant to Section 11836 of the Health and Safety Code,
40or a program specified in Section 8001 of the Penal Code. For the
P32   1purposes of this paragraph, enrollment in, participation in, and
2completion of an approved program shall occur subsequent to the
3date of the current violation. Credit shall not be given to any
4program activities completed prior to the date of the current
5violation. The department shall advise the person that he or she
6may apply to the department for a restricted driver’s license, which
7may include credit for a suspension period served under
8subdivision (c) of Section 13353.3, if the person meets all of the
9following requirements:

10
(A) Completion of 12 months of the suspension period, or
11completion of six months of the suspension period if the underlying
12conviction did not include the use of drugs as defined in Section
13312 and the person was found to be only under the influence of an
14alcoholic beverage at the time of the violation.

15
(B) The person satisfactorily provides, subsequent to the
16violation date of the current underlying conviction, either of the
17following:

18
(i) Proof of enrollment in an 18-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code if a 30-month program is
21unavailable in the person’s county of residence or employment.

22
(ii) Proof of enrollment in a 30-month
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code, if available in the county of
25the person’s residence or employment.

26
(C) The person agrees, as a condition of the restriction, to
27continue satisfactory participation in the program described in
28subparagraph (B).

29
(D) The person submits the “Verification of Installation” form
30described in paragraph (2) of subdivision (g) of Section 13386.

31
(E) The person agrees to maintain the ignition interlock device
32as required under subdivision (g) of Section 23575.

33
(F) The person provides proof of financial responsibility, as
34defined in Section 16430.

35
(G) An individual convicted of a violation of Section 23152
36punishable under Section 23546 may also, at any time after
37sentencing, petition the court for referral to an 18-month
38driving-under-the-influence program licensed pursuant to Section
3911836 of the Health and Safety Code, or, if available in the county
40of the person’s residence or employment, a 30-month
P33   1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code. Unless good cause is shown,
3the court shall order the referral.

4
(H) The person pays all applicable reinstatement or reissue fees
5and any restriction fee required by the department.

6
(I) The person pays to the department a fee sufficient to cover
7the costs of administration of this paragraph, as determined by
8the department.

9
(J) The restriction shall remain in effect for the period required
10in subdivision (f) of Section 23575.

11
(6) Except as provided in this paragraph, upon a conviction or
12finding of a violation of Section 23153 punishable under Section
1323550.5 or 23566, the privilege shall be revoked for a period of
14five years. The privilege may not be reinstated until the person
15gives proof of financial responsibility and gives proof satisfactory
16to the department of successful completion of a
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code as described in subdivision
19(b) of Section 23568 of this code, or if available in the county of
20the person’s residence or employment, a 30-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, or a program specified in
23Section 8001 of the Penal Code. For the purposes of this
24paragraph, enrollment in, participation in, and completion of an
25approved program shall be subsequent to the date of the current
26violation. Credit shall not be given to any program activities
27completed prior to the date of the current violation. The department
28shall advise the person that after completion of 12 months of the
29revocation period, which may include credit for a suspension
30period served under subdivision (c) of Section 13353.3, 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) Completion of the initial 12 months of a 30-month
37 driving-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.

P34   1
(ii) Completion of the initial 12 months of an 18-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if a 30-month program is
4unavailable in the person’s county of residence or employment.

5
(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 submits the “Verification of Installation” form
9described in paragraph (2) of subdivision (g) of Section 13386.

10
(D) The person agrees to maintain the ignition interlock device
11as required under subdivision (g) of Section 23575.

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

14
(F) An individual convicted of a violation of Section 23153
15punishable under Section 23566 may also, at any time after
16sentencing, petition the court for referral to an 18-month
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code, or, if available in the county
19of the person’s residence or employment, a 30-month
20driving-under-the-influence program licensed pursuant to Section
2111836 of the Health and Safety Code. Unless good cause is shown,
22the court shall order the referral.

23
(G) The person pays all applicable reinstatement or reissue fees
24and any restriction fee required by the department.

25
(H) The restriction shall remain in effect for the period required
26in subdivision (f) of Section 23575.

27
(7) Except as provided in this paragraph, upon a conviction or
28finding of a violation of Section 23152 punishable under Section
2923550 or 23550.5, or of a violation of Section 23153 punishable
30under Section 23550.5, the privilege shall be revoked for a period
31of four years. The privilege shall not be reinstated until the person
32files proof of financial responsibility and gives proof satisfactory
33to the department of successful completion of an 18-month
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code, if a 30-month program is
36unavailable in the person’s county of residence or employment,
37or, if available in the county of the person’s residence or
38employment, a 30-month driving-under-the-influence program
39licensed pursuant to Section 11836 of the Health and Safety Code,
40or a program specified in Section 8001 of the Penal Code. For the
P35   1purposes of this paragraph, enrollment in, participation in, and
2completion of an approved program shall occur subsequent to the
3date of the current violation. Credit shall not be given to any
4program activities completed prior to the date of the current
5violation. The department shall advise the person that after
6completion of 12 months of the revocation period, which may
7include credit for a suspension period served under subdivision
8(c) of Section 13353.3, he or she may apply to the department for
9a restricted driver’s license if the person meets all of the following
10requirements:

11
(A) The person satisfactorily provides, subsequent to the
12violation date of the current underlying conviction, either of the
13following:

14
(i) The initial 12 months of an 18-month
15driving-under-the-influence program licensed pursuant to Section
1611836 of the Health and Safety Code, if a 30-month program is
17unavailable in the person’s county of residence or employment.

18
(ii) The initial 12 months of a 30-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code, if available in the county of
21the person’s residence or employment.

22
(B) The person agrees, as a condition of the restriction, to
23continue satisfactory participation in the program described in
24subparagraph (A).

25
(C) The person submits the “Verification of Installation” form
26described in paragraph (2) of subdivision (g) of Section 13386.

27
(D) The person agrees to maintain the ignition interlock device
28as required under subdivision (g) of Section 23575.

29
(E) The person provides proof of financial responsibility, as
30defined in Section 16430.

31
(F) An individual convicted of a violation of Section 23152
32punishable under Section 23550 may also, at any time after
33sentencing, petition the court for referral to an 18-month
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code, or, if available in the county
36of the person’s residence or employment, a 30-month
37 driving-under-the-influence program licensed pursuant to Section
3811836 of the Health and Safety Code. Unless good cause is shown,
39the court shall order the referral.

P36   1
(G) The person pays all applicable reinstatement or reissue fees
2and any restriction fee required by the department.

3
(H) The restriction shall remain in effect for the period required
4in subdivision (f) of Section 23575.

5
(8) Upon a conviction or finding of a violation of subdivision
6(a) of Section 23109 that is punishable under subdivision (e) of
7that section or Section 23109.1, the privilege shall be suspended
8for a period of 90 days to six months, if ordered by the court. The
9privilege shall not be reinstated until the person gives proof of
10financial responsibility, as defined in Section 16430.

11
(9) Upon a conviction or finding of a violation of subdivision
12(a) of Section 23109 that is punishable under subdivision (f) of
13that section, the privilege shall be suspended for a period of six
14months, if ordered by the court. The privilege shall not be
15reinstated until the person gives proof of financial responsibility,
16as defined in Section 16430.

17
(b) For the purpose of paragraphs (2) to (9), inclusive, of
18subdivision (a), the finding of the juvenile court judge, the juvenile
19hearing officer, or the referee of a juvenile court of a commission
20of a violation of Section 23152 or 23153, subdivision (a) of Section
2123109, or Section 23109.1, as specified in subdivision (a) of this
22section, is a conviction.

23
(c) A judge of a juvenile court, juvenile hearing officer, or
24referee of a juvenile court shall immediately report the findings
25specified in subdivision (a) to the department.

26
(d) A conviction of an offense in a state, territory, or possession
27of the United States, the District of Columbia, the Commonwealth
28of Puerto Rico, or Canada that, if committed in this state, would
29be a violation of Section 23152, is a conviction of Section 23152
30for the purposes of this section, and a conviction of an offense that,
31if committed in this state, would be a violation of Section 23153,
32is a conviction of Section 23153 for the purposes of this section.
33The department shall suspend or revoke the privilege to operate
34a motor vehicle pursuant to this section upon receiving notice of
35that conviction.

36
(e) For the purposes of the restriction conditions specified in
37paragraphs (3) to (7), inclusive, of subdivision (a), the department
38shall terminate the restriction imposed pursuant to this section
39and shall suspend or revoke the person’s driving privilege upon
40receipt of notification from the driving-under-the-influence
P37   1program that the person has failed to comply with the program
2requirements. The person’s driving privilege shall remain
3suspended or revoked for the remaining period of the original
4suspension or revocation imposed under this section and until all
5reinstatement requirements described in this section are met.

6
(f) For the purposes of this section, completion of a program is
7the following:

8
(1) Satisfactory completion of all program requirements
9approved pursuant to program licensure, as evidenced by a
10certificate of completion issued, under penalty of perjury, by the
11licensed program.

12
(2) Certification, under penalty of perjury, by the director of a
13program specified in Section 8001 of the Penal Code, that the
14person has completed a program specified in Section 8001 of the
15Penal Code.

16
(g) The holder of a commercial driver’s license who was
17operating a commercial motor vehicle, as defined in Section 15210,
18at the time of a violation that resulted in a suspension or revocation
19of the person’s noncommercial driving privilege under this section
20is not eligible for the restricted driver’s license authorized under
21paragraphs (3) to (7), inclusive, of subdivision (a).

22
(h) This section shall become operative January 1, 2025.

end insert
23

begin deleteSEC. 5.end delete
24
begin insertSEC. 8.end insert  

Section 13352.4 of the Vehicle Code is amended to
25read:

26

13352.4.  

(a) Except as provided in subdivision (h), the
27department shall issue a restricted driver’s license to a person
28whose driver’s license was suspended under paragraph (1) of
29subdivision (a) of Section 13352 or Section 13352.1, if the person
30meets all of the following requirements:

31(1) Submits proof satisfactory to the department of either of the
32following, as applicable:

33(A) Enrollment in a driving-under-the-influence program
34licensed pursuant to Section 11836 of the Health and Safety Code,
35as described in subdivision (b) of Section 23538 of this code.

36(B) Enrollment in a program described in subdivision (b) of
37Section 23542, if the court has ordered the person to enroll in,
38participate in, and complete either program described in that
39section, in which case the person shall not be required to provide
40proof of the enrollment described in subparagraph (A).

P38   1(2) Submits proof of financial responsibility, as defined in
2Section 16430.

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

5(b) The restriction of the driving privilege shall become effective
6when the department receives all of the documents and fees
7required under subdivision (a) and shall remain in effect until the
8final day of the original suspension imposed under paragraph (1)
9of subdivision (a) of Section 13352 or Section 13352.1, or until
10the date all reinstatement requirements described in Section 13352
11or 13352.1 have been met, whichever date is later, and may include
12credit for any suspension period served under subdivision (c) of
13Section 13353.3.

14(c) The restriction of the driving privilege shall be limited to
15the hours necessary for driving to and from the person’s place of
16employment, driving during the course of employment, and driving
17to and from activities required in the driving-under-the-influence
18program.

19(d) Whenever the driving privilege is restricted under this
20section, proof of financial responsibility, as defined in Section
2116430, shall be maintained for three years. If the person does not
22maintain that proof of financial responsibility at any time during
23the restriction, the driving privilege shall be suspended until the
24proof required under Section 16484 is received by the department.

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

29(f) The department shall terminate the restriction issued under
30this section and shall suspend the privilege to operate a motor
31vehicle pursuant to paragraph (1) of subdivision (a) of Section
3213352 or Section 13352.1 immediately upon receipt of notification
33from the driving-under-the-influence program that the person has
34failed to comply with the program requirements. The privilege
35shall remain suspended until the final day of the original suspension
36imposed under paragraph (1) of subdivision (a) of Section 13352
37or 13352.1, or until the date all reinstatement requirements
38described in Section 13352 or Section 13352.1 have been met,
39whichever date is later.

P39   1(g) The holder of a commercial driver’s license who was
2operating a commercial motor vehicle, as defined in Section 15210,
3at the time of a violation that resulted in a suspension or revocation
4of the person’s noncommercial driving privilege under paragraph
5(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
6eligible for the restricted driver’s license authorized under this
7section.

8(h) If, upon conviction, the court has made the determination,
9as authorized under subdivision (d) of Section 23536 or paragraph
10(3) of subdivision (a) of Section 23538, to disallow the issuance
11of a restricted driver’s license, the department may not issue a
12restricted driver’s license under this section.

13(i) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
14 and, as of January 1,begin delete 2018,end deletebegin insert 2019,end insert is repealed, unless a later enacted
15statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019,end insert
16 deletes or extends the dates on which it becomes inoperative and
17is repealed.

18

begin deleteSEC. 6.end delete
19
begin insertSEC. 9.end insert  

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

20

13352.4.  

(a) Except as provided in subdivision (h), the
21department shall issue a restricted driver’s license to a person
22whose driver’s license was suspended under paragraph (1) of
23subdivision (a) of Section 13352 or Section 13352.1, if the person
24meets all of the following requirements:

25(1) Submits proof satisfactory to the department of either of the
26following:

27(A) Enrollment in a driving-under-the-influence program
28licensed pursuant to Section 11836 of the Health and Safety Code,
29as described in subdivision (b) of Section 23538 of this code.

30(B) Enrollment in a program described in subdivision (b) of
31Section 23542, if the court has ordered the person to enroll in,
32participate in, and complete either program described in that
33section, in which case the person shall not be required to provide
34proof of the enrollment described in subparagraph (A).

35(2) Complies withbegin delete subdivision (d) ofend delete Section 23575.3, if
36applicable.

37(3) Agrees to maintain the ignition interlock device as required
38under Section 23575.3, if applicable.

39(4) Submits proof of financial responsibility, as defined in
40Section 16430.

P40   1(5) Pays all applicable reinstatement or reissue fees and any
2restriction fee required by the department.

3(6) The person pays to the department a fee sufficient to cover
4the reasonable costs of administering the requirements of this
5paragraph, as determined by the department.

6(b) The restriction of the driving privilege shall become effective
7when the department receives all of the documents and fees
8required under subdivision (a) and shall remain in effect until the
9date all reinstatement requirements described in Section 13352 or
1013352.1 have been met.

11(c) Whenever the driving privilege is restricted under this
12section, proof of financial responsibility, as defined in Section
1316430, shall be maintained for three years. If the person does not
14maintain that proof of financial responsibility at any time during
15the restriction, the driving privilege shall be suspended until the
16proof required under Section 16484 is received by the department.

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

21(e) (1) The department shall terminate the restriction issued
22under this section and shall suspend the privilege to operate a motor
23vehicle pursuant to paragraph (1) of subdivision (a) of Section
2413352 or Section 13352.1 immediately upon receipt of notification
25from the driving-under-the-influence program that the person has
26failed to comply with the program requirements. The privilege
27shall remain suspended until the final day of the original suspension
28imposed under paragraph (1) of subdivision (a) of Section 13352
29or Section 13352.1, or until the date all reinstatement requirements
30described in Section 13352 or 13352.1 have been met, whichever
31date is later.

32(2) The department shall immediately terminate the restriction
33issued pursuant to this section and shall immediately suspend or
34revoke the privilege to operate a motor vehicle of a person who,
35with respect to an ignition interlock device installed pursuant to
36Section 23575.3, attempts to remove, bypass, or tamper with the
37device, has the device removed prior to the termination date of the
38restriction, or failsbegin delete three or more timesend delete to comply with any
39requirement for the maintenance or calibration of the device. The
40privilege shall remain suspended or revoked for the remaining
P41   1period of the originating suspension or revocation and until all
2reinstatement requirements in this section are satisfied.

3(f) 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 paragraph
7(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
8eligible for the restricted driver’s license authorized under this
9section.

10(g) If, upon conviction, the court has made the determination,
11as authorized underbegin delete subdivision (d) ofend delete Section 23536 or paragraph
12(3) of subdivision (a) of Section 23538, to disallow the issuance
13of a restricted driver’s license, the department may not issue a
14restricted driver’s license under this section.

15(h) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

16
(i) This section shall remain in effect only until January 1, 2025,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2025, deletes or extends that date.

end insert
19begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 13352.4 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
20read:end insert

begin insert
21

begin insert13352.4.end insert  

(a) Except as provided in subdivision (h), the
22department shall issue a restricted driver’s license to a person
23whose driver’s license was suspended under paragraph (1) of
24subdivision (a) of Section 13352 or Section 13352.1, if the person
25meets all of the following requirements:

26
(1) Submits proof satisfactory to the department of either of the
27following, as applicable:

28
(A) Enrollment in a driving-under-the-influence program
29licensed pursuant to Section 11836 of the Health and Safety Code,
30as described in subdivision (b) of Section 23538 of this code.

31
(B) Enrollment in a program described in subdivision (b) of
32Section 23542, if the court has ordered the person to enroll in,
33participate in, and complete either program described in that
34section, in which case the person shall not be required to provide
35proof of the enrollment described in subparagraph (A).

36
(2) Submits proof of financial responsibility, as defined in
37Section 16430.

38
(3) Pays all applicable reinstatement or reissue fees and any
39restriction fee required by the department.

P42   1
(b) The restriction of the driving privilege shall become effective
2when the department receives all of the documents and fees
3required under subdivision (a) and shall remain in effect until the
4final day of the original suspension imposed under paragraph (1)
5of subdivision (a) of Section 13352 or Section 13352.1, or until
6the date all reinstatement requirements described in Section 13352
7or 13352.1 have been met, whichever date is later, and may include
8credit for any suspension period served under subdivision (c) of
9Section 13353.3.

10
(c) The restriction of the driving privilege shall be limited to
11the hours necessary for driving to and from the person’s place of
12employment, driving during the course of employment, and driving
13to and from activities required in the driving-under-the-influence
14program.

15
(d) Whenever the driving privilege is restricted under this
16section, proof of financial responsibility, as defined in Section
1716430, shall be maintained for three years. If the person does not
18maintain that proof of financial responsibility at any time during
19the restriction, the driving privilege shall be suspended until the
20proof required under Section 16484 is received by the department.

21
(e) For the purposes of this section, enrollment, participation,
22and completion of an approved program shall be subsequent to
23the date of the current violation. Credit may not be given to a
24program activity completed prior to the date of the current
25violation.

26
(f) The department shall terminate the restriction issued under
27this section and shall suspend the privilege to operate a motor
28vehicle pursuant to paragraph (1) of subdivision (a) of Section
2913352 or Section 13352.1 immediately upon receipt of notification
30from the driving-under-the-influence program that the person has
31failed to comply with the program requirements. The privilege
32shall remain suspended until the final day of the original
33suspension imposed under paragraph (1) of subdivision (a) of
34Section 13352 or 13352.1, or until the date all reinstatement
35requirements described in Section 13352 or Section 13352.1 have
36been met, whichever date is later.

37
(g) The holder of a commercial driver’s license who was
38operating a commercial motor vehicle, as defined in Section 15210,
39at the time of a violation that resulted in a suspension or revocation
40of the person’s noncommercial driving privilege under paragraph
P43   1(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
2eligible for the restricted driver’s license authorized under this
3section.

4
(h) If, upon conviction, the court has made the determination,
5as authorized under subdivision (d) of Section 23536 or paragraph
6(3) of subdivision (a) of Section 23538, to disallow the issuance
7of a restricted driver’s license, the department may not issue a
8restricted driver’s license under this section.

9
(i) This section shall become operative January 1, 2025.

end insert
10

begin deleteSEC. 7.end delete
11
begin insertSEC. 11.end insert  

Section 13353.3 of the Vehicle Code is amended to
12read:

13

13353.3.  

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

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

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

31(2) (A) If the person has been convicted of one or more separate
32violations of Section 23103, as specified in Section 23103.5, or
33Section 23140, 23152, or 23153, or Section 191.5 or subdivision
34(a) of Section 192.5 of the Penal Code, the person has been
35administratively determined to have refused chemical testing
36pursuant to Section 13353 or 13353.1 of this code, or the person
37has been administratively determined to have been driving with
38an excessive concentration of alcohol pursuant to Section 13353.2
39on a separate occasion, which offense or occasion occurred within
40 10 years of the occasion in question, the person’s privilege to
P44   1operate a motor vehicle shall be suspended for one year, except
2as provided in subparagraphs (B) and (C).

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

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

9(ii) The person installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
10interlock device as required in Section 13352 for that restricted
11driver’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 installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
33interlock device and submits the “Verification of Installation” form
34described in paragraph (2) of subdivision (g) of Section 13386.

35(iv) The person agrees to maintain the ignition interlock device
36as required pursuant to subdivision (g) of Section 23575.

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.

P45   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
P46   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 inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
36 and, as of January 1,begin delete 2018,end deletebegin insert 2019,end insert is repealed, unless a later enacted
37statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019,end insert
38 deletes or extends the dates on which it becomes inoperative and
39is repealed.

P47   1

begin deleteSEC. 8.end delete
2
begin insertSEC. 12.end insert  

Section 13353.3 is added to the Vehicle Code, to
3read:

4

13353.3.  

(a) An order of suspension of a person’s privilege to
5operate a motor vehicle pursuant to Section 13353.2 shall become
6effective 30 days after the person is served with the notice pursuant
7to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

8(b) The period of suspension of a person’s privilege to operate
9a motor vehicle under Section 13353.2 is as follows:

10(1) If the person has not been convicted of a separate violation
11of Section 23103, as specified in Section 23103.5, or Section
1223140, 23152, or 23153, or Section 191.5 or subdivision (a) of
13Section 192.5 of the Penal Code, the person has not been
14administratively determined to have refused chemical testing
15pursuant to Section 13353 or 13353.1 of this code, or the person
16has not been administratively determined to have been driving
17with an excessive concentration of alcohol pursuant to Section
1813353.2 on a separate occasion, which offense or occurrence
19occurred within 10 years of the occasion in question, the person’s
20privilege to operate a motor vehicle shall be suspended for four
21months.

22(2) (A) If the person has been convicted of one or more separate
23violations of Section 23103, as specified in Section 23103.5, or
24Section 23140, 23152, or 23153, or Section 191.5 or subdivision
25(a) of Section 192.5 of the Penal Code, the person has been
26administratively determined to have refused chemical testing
27pursuant to Section 13353 or 13353.1 of this code, or the person
28has been administratively determined to have been driving with
29an excessive concentration of alcohol pursuant to Section 13353.2
30on a separate occasion, which offense or occasion occurred within
3110 years of the occasion in question, the person’s privilege to
32operate a motor vehicle shall be suspended for one year, except
33as provided in subparagraphs (B) and (C).

34(B) The one-year suspension pursuant to subparagraph (A) shall
35terminate if the person has been convicted of a violation arising
36out of the same occurrence and all of the following conditions are
37met:

38(i) The person is eligible for a restricted driver’s license pursuant
39to Section 13352.

P48   1(ii) The person installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
2interlock device as required in Section 13352 for that restricted
3driver’s license.

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

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

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

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

24(iii) The person installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
25interlock device and submits the “Verification of Installation” form
26described in paragraph (2) of subdivision (g) of Section 13386.

27(iv) The person agrees to maintain the ignition interlock device
28as required under Section 23575.3.

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

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

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

36(D) The department shall advise those persons that are eligible
37under subparagraph (C) that after completion of 90 days of the
38suspension period, the person may apply to the department for a
39restricted driver’s license, subject to the conditions set forth in
40subparagraph (C).

P49   1(E) The restricted driving privilege shall become effective when
2the department receives all of the documents and fees required
3under subparagraph (C) and remain in effect for at least the
4remaining period of the original suspension and until the person
5provides satisfactory proof to the department of successful
6completion of a driving-under-the-influence program licensed
7pursuant to Section 11836 of the Health and Safety Code. The
8restricted driving privilege shall be subject to the following
9conditions:

10(i) If the driving privilege is restricted under this section, proof
11of financial responsibility, as described in Section 16430, shall be
12maintained for three years. If the person does not maintain that
13proof of financial responsibility at any time during the restriction,
14the driving privilege shall be suspended until the proof required
15pursuant to Section 16484 is received by the department.

16(ii) For the purposes of this section, enrollment, participation,
17and completion of an approved program shall occur subsequent
18to the date of the current violation. Credit may not be given to a
19program activity completed prior to the date of the current
20violation.

21(iii) The department shall terminate the restriction issued
22pursuant to this section and shall suspend the privilege to operate
23a motor vehicle pursuant to subparagraph (A) immediately upon
24receipt of notification from the driving-under-the-influence
25program that the person has failed to comply with the program
26requirements. The privilege shall remain suspended until the final
27day of the original suspension imposed pursuant to subparagraph
28(A).

29(iv) The department shallbegin delete terminate the restriction issued
30pursuant to this section and shallend delete
immediately suspend the privilege
31to operate a motor vehicle pursuant to subparagraph (A)
32immediately upon receipt of notification from the installer that a
33person has attempted to remove, bypass, or tamper with the ignition
34interlock device, has removed the device prior to the termination
35date of the restriction, orbegin delete fails three or more timesend deletebegin insert has failedend insert to
36comply with any requirement for the maintenance or calibration
37of the ignition interlock device ordered pursuant to this section.
38The privilege shall remain suspended for the remaining period of
39the original suspension imposed pursuant to subparagraphbegin delete (A).end delete
40
begin insert (A), provided, however, that if the person provides proof to the
P50   1satisfaction of the department that the person is in compliance
2with the restriction issued pursuant to this section, the department
3may, in its discretion, restore the privilege to operate a motor
4vehicle and reimpose the remaining term of the restriction.end insert

5(3) Notwithstanding any other law, if a person has been
6administratively determined to have been driving in violation of
7Section 23136 or to have refused chemical testing pursuant to
8Section 13353.1, the period of suspension shall not be for less than
9one year.

10(c) If a person’s privilege to operate a motor vehicle is
11suspended pursuant to Section 13353.2 and the person is convicted
12of a violation of Section 23152 or 23153, including, but not limited
13to, a violation described in Section 23620, arising out of the same
14occurrence, both the suspension under Section 13353.2 and the
15suspension or revocation under Section 13352 shall be imposed,
16except that the periods of suspension or revocation shall run
17concurrently, and the total period of suspension or revocation shall
18not exceed the longer of the two suspension or revocation periods.

19(d) For the purposes of this section, a conviction of an offense
20in any state, territory, or possession of the United States, the
21District of Columbia, the Commonwealth of Puerto Rico, or
22Canada that, if committed in this state, would be a violation of
23Section 23103, as specified in Section 23103.5, or Section 23140,
2423152, or 23153, or Section 191.5 or subdivision (a) of Section
25192.5 of the Penal Code, is a conviction of that particular section
26of the Vehicle Code or Penal Code.

27(e) The holder of a commercial driver’s license who was
28operating a commercial motor vehicle, as defined in Section 15210,
29at the time of a violation that resulted in a suspension or revocation
30of the person’s noncommercial driving privilege is not eligible for
31the restricted driver’s license authorized pursuant to this section.

32(f) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

33
(g) This section shall remain in effect only until January 1, 2025,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2025, deletes or extends that date.

end insert
36begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 13353.3 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
37read:end insert

begin insert
38

begin insert13353.3.end insert  

(a) An order of suspension of a person’s privilege
39to operate a motor vehicle pursuant to Section 13353.2 shall
40become effective 30 days after the person is served with the notice
P51   1pursuant to Section 13382 or 13388, or subdivision (b) of Section
213353.2.

3
(b) The period of suspension of a person’s privilege to operate
4a motor vehicle under Section 13353.2 is as follows:

5
(1) If the person has not been convicted of a separate violation
6of Section 23103, as specified in Section 23103.5, or Section 23140,
723152, or 23153, or Section 191.5 or subdivision (a) of Section
8192.5 of the Penal Code, the person has not been administratively
9determined to have refused chemical testing pursuant to Section
1013353 or 13353.1 of this code, or the person has not been
11administratively determined to have been driving with an excessive
12concentration of alcohol pursuant to Section 13353.2 on a separate
13occasion, which offense or occurrence occurred within 10 years
14of the occasion in question, the person’s privilege to operate a
15motor vehicle shall be suspended for four months.

16
(2) (A) If the person has been convicted of one or more separate
17violations of Section 23103, as specified in Section 23103.5, or
18Section 23140, 23152, or 23153, or Section 191.5 or subdivision
19(a) of Section 192.5 of the Penal Code, the person has been
20administratively determined to have refused chemical testing
21pursuant to Section 13353 or 13353.1 of this code, or the person
22has been administratively determined to have been driving with
23an excessive concentration of alcohol pursuant to Section 13353.2
24on a separate occasion, which offense or occasion occurred within
2510 years of the occasion in question, the person’s privilege to
26operate a motor vehicle shall be suspended for one year, except
27as provided in subparagraphs (B) and (C).

28
(B) The one-year suspension pursuant to subparagraph (A)
29shall terminate if the person has been convicted of a violation
30arising out of the same occurrence and all of the following
31conditions are met:

32
(i) The person is eligible for a restricted driver’s license
33pursuant to Section 13352.

34
(ii) The person installs a functioning, certified ignition interlock
35device as required in Section 13352 for that restricted driver’s
36license.

37
(iii) The person complies with all other applicable conditions
38of Section 13352 for a restricted driver’s license.

39
(C) The one-year suspension pursuant to subparagraph (A)
40shall terminate after completion of a 90-day suspension period,
P52   1and the person shall be eligible for a restricted license if the person
2has been convicted of a violation of Section 23103, as specified in
3Section 23103.5, arising out of the same occurrence, has no more
4than two prior alcohol-related convictions within 10 years, as
5specified pursuant to subparagraph (A), and all of the following
6conditions are met:

7
(i) The person satisfactorily provides, subsequent to the
8underlying violation date, proof satisfactory to the department of
9enrollment in a nine-month driving-under-the-influence program
10licensed pursuant to Chapter 9 (commencing with Section 11836)
11of Part 2 of Division 10.5 of the Health and Safety Code that
12consists of at least 60 hours of program activities, including
13education, group counseling, and individual interview sessions.

14
(ii) The person agrees, as a condition of the restriction, to
15continue satisfactory participation in the program described in
16clause (i).

17
(iii) The person installs a functioning, certified ignition interlock
18device and submits the “Verification of Installation” form
19described in paragraph (2) of subdivision (g) of Section 13386.

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

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

24
(vi) The person pays all license fees and any restriction fee
25required by the department.

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

29
(D) The department shall advise those persons that are eligible
30under subparagraph (C) that after completion of 90 days of the
31suspension period, the person may apply to the department for a
32restricted driver’s license, subject to the conditions set forth in
33subparagraph (C).

34
(E) The restricted driving privilege shall become effective when
35the department receives all of the documents and fees required
36under subparagraph (C) and remain in effect for at least the
37remaining period of the original suspension and until the person
38provides satisfactory proof to the department of successful
39completion of a driving-under-the-influence program licensed
40pursuant to Section 11836 of the Health and Safety Code. The
P53   1restricted driving privilege shall be subject to the following
2conditions:

3
(i) If the driving privilege is restricted under this section, proof
4of financial responsibility, as described in Section 16430, shall be
5maintained for three years. If the person does not maintain that
6proof of financial responsibility at any time during the restriction,
7the driving privilege shall be suspended until the proof required
8pursuant to Section 16484 is received by the department.

9
(ii) For the purposes of this section, enrollment, participation,
10and completion of an approved program shall occur subsequent
11to the date of the current violation. Credit may not be given to a
12program activity completed prior to the date of the current
13violation.

14
(iii) The department shall terminate the restriction issued
15 pursuant to this section and shall suspend the privilege to operate
16a motor vehicle pursuant to subparagraph (A) immediately upon
17receipt of notification from the driving-under-the-influence
18program that the person has failed to comply with the program
19requirements. The privilege shall remain suspended until the final
20day of the original suspension imposed pursuant to subparagraph
21(A).

22
(iv) The department shall terminate the restriction issued
23pursuant to this section and shall immediately suspend the privilege
24to operate a motor vehicle pursuant to subparagraph (A)
25immediately upon receipt of notification from the installer that a
26person has attempted to remove, bypass, or tamper with the ignition
27interlock device, has removed the device prior to the termination
28date of the restriction, or fails three or more times to comply with
29any requirement for the maintenance or calibration of the ignition
30interlock device ordered pursuant to this section. The privilege
31shall remain suspended for the remaining period of the original
32suspension imposed pursuant to subparagraph (A).

33
(3) Notwithstanding any other law, if a person has been
34administratively determined to have been driving in violation of
35Section 23136 or to have refused chemical testing pursuant to
36Section 13353.1, the period of suspension shall not be for less than
37one year.

38
(c) If a person’s privilege to operate a motor vehicle is
39suspended pursuant to Section 13353.2 and the person is convicted
40of a violation of Section 23152 or 23153, including, but not limited
P54   1to, a violation described in Section 23620, arising out of the same
2occurrence, both the suspension under Section 13353.2 and the
3suspension or revocation under Section 13352 shall be imposed,
4except that the periods of suspension or revocation shall run
5concurrently, and the total period of suspension or revocation
6shall not exceed the longer of the two suspension or revocation
7periods.

8
(d) For the purposes of this section, a conviction of an offense
9in any state, territory, or possession of the United States, the
10District of Columbia, the Commonwealth of Puerto Rico, or
11Canada that, if committed in this state, would be a violation of
12Section 23103, as specified in Section 23103.5, or Section 23140,
1323152, or 23153, or Section 191.5 or subdivision (a) of Section
14192.5 of the Penal Code, is a conviction of that particular section
15of the Vehicle Code or Penal Code.

16
(e) The holder of a commercial driver’s license who was
17operating a commercial motor vehicle, as defined in Section 15210,
18at the time of a violation that resulted in a suspension or revocation
19of the person’s noncommercial driving privilege is not eligible for
20the restricted driver’s license authorized pursuant to this section.

21
(f) This section shall become operative January 1, 2025.

end insert
22

begin deleteSEC. 9.end delete
23
begin insertSEC. 14.end insert  

Section 13353.4 of the Vehicle Code is amended to
24read:

25

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
26or 13353.8, the driving privilege shall not be restored, and a
27restricted or hardship permit to operate a motor vehicle shall not
28be issued, to a person during the suspension or revocation period
29specified in Section 13353, 13353.1, or 13353.3.

30(b) The privilege to operate a motor vehicle shall not be restored
31after a suspension or revocation pursuant to Section 13352, 13353,
3213353.1, or 13353.2 until all applicable fees, including the fees
33prescribed in Section 14905, have been paid and the person gives
34proof of financial responsibility, as defined in Section 16430, to
35the department.

36(c) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
37 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
38statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019,end insert
39 deletes or extends the dates on which it becomes inoperative and
40is repealed.

P55   1

begin deleteSEC. 10.end delete
2
begin insertSEC. 15.end insert  

Section 13353.4 is added to the Vehicle Code, to
3read:

4

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
513353.7, or 13353.8, the driving privilege shall not be restored,
6and a restricted or hardship permit to operate a motor vehicle shall
7not be issued, to a person during the suspension or revocation
8period specified in Section 13353, 13353.1, or 13353.3.

9(b) The privilege to operate a motor vehicle shall not be restored
10after a suspension or revocation pursuant to Section 13352, 13353,
1113353.1, or 13353.2 until all applicable fees, including the fees
12prescribed in Section 14905, have been paid and the person gives
13proof of financial responsibility, as defined in Section 16430, to
14the department.

15(c) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018end insertbegin insert.end insert

begin insert

16
(d) This section shall remain in effect only until January 1, 2025,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2025, deletes or extends that date.

end insert
19begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 13353.4 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
20read:end insert

begin insert
21

begin insert13353.4.end insert  

(a) Except as provided in Section 13353.3, 13353.7,
22or 13353.8, the driving privilege shall not be restored, and a
23restricted or hardship permit to operate a motor vehicle shall not
24be issued, to a person during the suspension or revocation period
25specified in Section 13353, 13353.1, or 13353.3.

26
(b) The privilege to operate a motor vehicle shall not be restored
27after a suspension or revocation pursuant to Section 13352, 13353,
2813353.1, or 13353.2 until all applicable fees, including the fees
29prescribed in Section 14905, have been paid and the person gives
30proof of financial responsibility, as defined in Section 16430, to
31the department.

32
(c) This section shall become operative January 1, 2025.

end insert
33

begin deleteSEC. 11.end delete
34
begin insertSEC. 17.end insert  

Section 13353.5 of the Vehicle Code is amended to
35read:

36

13353.5.  

(a) If a person whose driving privilege is suspended
37or revoked under Section 13352, former Section 13352.4, Section
3813352.4, Section 13352.6, paragraph (1) of subdivision (g) of
39Section 23247, or paragraph (2) of subdivision (f) of Section 23575
40is a resident of another state at the time the mandatory period of
P56   1suspension or revocation expires, the department may terminate
2the suspension or revocation, upon written application of the
3person, for the purpose of allowing the person to apply for a license
4in his or her state of residence. The application shall include, but
5need not be limited to, evidence satisfactory to the department that
6the applicant now resides in another state.

7(b) If the person submits an application for a California driver’s
8license within three years after the date of the action to terminate
9suspension or revocation pursuant to subdivision (a), a license
10shall not be issued until evidence satisfactory to the department
11establishes that the person is qualified for reinstatement and no
12grounds exist including, but not limited to, one or more subsequent
13convictions for driving under the influence of alcohol or other
14drugs that would support a refusal to issue a license. The
15department may waive the three-year requirement if the person
16provides the department with proof of financial responsibility, as
17defined in Section 16430, and proof satisfactory to the department
18of successful completion of a driving-under-the-influence program
19described in Section 13352, and the driving-under-the-influence
20program is of the length required under paragraphs (1) to (7),
21inclusive, of subdivision (a) of Section 13352.

22(c) For the purposes of this section, “state” includes a foreign
23province or country.

24(d) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
25 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
26statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert
27 deletes or extends the dates on which it becomes inoperative and
28is repealed.

29

begin deleteSEC. 12.end delete
30
begin insertSEC. 18.end insert  

Section 13353.5 is added to the Vehicle Code, to
31read:

32

13353.5.  

(a) If a person whose driving privilege is suspended
33or revoked under Section 13352, former Section 13352.4, Section
3413352.4, Section 13352.6, paragraph (1) of subdivision (g) of
35Section 23247, or paragraph (3) of subdivision (e) of Section 13352
36is a resident of another state at the time the mandatory period of
37suspension or revocation expires, the department may terminate
38the suspension or revocation, upon written application of the
39person, for the purpose of allowing the person to apply for a license
40in his or her state of residence. The application shall include, but
P57   1need not be limited to, evidence satisfactory to the department that
2the applicant now resides in another state.

3(b) If the person submits an application for a California driver’s
4license within three years after the date of the action to terminate
5suspension or revocation pursuant to subdivision (a), a license
6shall not be issued until evidence satisfactory to the department
7establishes that the person is qualified for reinstatement and no
8grounds exist including, but not limited to, one or more subsequent
9convictions for driving under the influence of alcohol or other
10drugs that would support a refusal to issue a license. The
11department may waive the three-year requirement if the person
12provides the department with proof of financial responsibility, as
13defined in Section 16430, and proof satisfactory to the department
14of successful completion of a driving-under-the-influence program
15described in Section 13352, and the driving-under-the-influence
16program is of the length required under paragraphs (1) to (7),
17inclusive, of subdivision (a) of Section 13352.

18(c) For the purposes of this section, “state” includes a foreign
19province or country.

20(d) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

21
(e) This section shall remain in effect only until January 1, 2025,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2025, deletes or extends that date.

end insert
24begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 13353.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
25read:end insert

begin insert
26

begin insert13353.5.end insert  

(a) If a person whose driving privilege is suspended
27or revoked under Section 13352, former Section 13352.4, Section
2813352.4, Section 13352.6, paragraph (1) of subdivision (g) of
29Section 23247, or paragraph (2) of subdivision (f) of Section 23575
30is a resident of another state at the time the mandatory period of
31suspension or revocation expires, the department may terminate
32the suspension or revocation, upon written application of the
33person, for the purpose of allowing the person to apply for a license
34in his or her state of residence. The application shall include, but
35need not be limited to, evidence satisfactory to the department that
36the applicant now resides in another state.

37
(b) If the person submits an application for a California driver’s
38license within three years after the date of the action to terminate
39suspension or revocation pursuant to subdivision (a), a license
40shall not be issued until evidence satisfactory to the department
P58   1establishes that the person is qualified for reinstatement and no
2grounds exist including, but not limited to, one or more subsequent
3convictions for driving under the influence of alcohol or other
4drugs that would support a refusal to issue a license. The
5department may waive the three-year requirement if the person
6provides the department with proof of financial responsibility, as
7defined in Section 16430, and proof satisfactory to the department
8of successful completion of a driving-under-the-influence program
9described in Section 13352, and the driving-under-the-influence
10program is of the length required under paragraphs (1) to (7),
11inclusive, of subdivision (a) of Section 13352.

12
(c) For the purposes of this section, “state” includes a foreign
13province or country.

14
(d) This section shall become operative January 1, 2025.

end insert
15

begin deleteSEC. 13.end delete
16
begin insertSEC. 20.end insert  

Section 13353.6 is added to the Vehicle Code, to
17read:

18

13353.6.  

(a) Notwithstanding any other law, a person whose
19driving privilege has been suspended under Section 13353.2 and
20who is eligible for a restricted driver’s license as provided for in
21Section 13353.7 or 13353.75 may be eligible for a restricted
22driver’s license without serving any period of the suspension if
23the person meets all of the eligibility requirements specified in
24those sections and the person does both of the following:

25(1) The person installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
26interlock device on any vehicle that he or she own or operates and
27submits the “Verification of Installation” form described in
28paragraph (2) of subdivision (g) of Section 13386.

29(2) The person agrees to maintain the ignition interlock device
30as required under Section 23575.3.

31(b) A person whose driving privilege has been suspended under
32Section 13353.2 may installbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
33interlock device prior to the effective date specified in Section
3413353.3. A person who installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
35interlock device pursuant to this subdivision, meets all of the
36eligibility requirements specified in Section 13353.7 or 13353.75
37and complies with paragraphs (1) and (2) of subdivision (a) is
38eligible for a restricted driver’s license on the effective date
39specified in Section 13353.3.

P59   1(c) The department shall terminate the restriction issued pursuant
2to Section 13353.7 or 13353.75 and shall immediately reinstate
3the suspension of the privilege to operate a motor vehicle upon
4receipt of notification from the ignition interlock device installer
5that a person has attempted to remove, bypass, or tamper with the
6 ignition interlock device, has removed the device prior to the
7termination date of the restriction, orbegin delete fails three or more timesend deletebegin insert has
8failedend insert
to comply with any requirement for the maintenance or
9calibration of the ignition interlock device. The privilege shall
10remain suspended for the remaining mandatory suspension period
11imposed pursuant to Sectionbegin delete 13353.3.end deletebegin insert 13353.3, provided, however,
12that if the person provides proof to the satisfaction of the
13department that the person is in compliance with the restriction
14issued pursuant to this section, the department may, in its
15discretion, restore the privilege to operate a motor vehicle and
16reimpose the remaining term of the restriction.end insert

17(d) Notwithstanding any other law,begin delete forend delete a person whose driving
18privilege has been suspended under Section 13353.2, who is
19eligible for a restricted driver’s license as provided for in Section
2013353.7 or 13353.75, and who installsbegin delete anend deletebegin insert a functioning, certifiedend insert
21 ignition interlock device pursuant to this section or Section
22
begin delete 13353.75, both of the following shall apply:end delete

23begin delete(1)end deletebegin deleteend deletebegin deleteThe personend deletebegin insert 13353.75,end insert shall receive credit towards the
24mandatory term the person is required to installbegin delete anend deletebegin insert a functioning,
25certifiedend insert
ignition interlock device pursuant to Section 23575.3 for
26a conviction of a violation arising out of the same occurrence that
27led to the person’s driving privilege being suspended pursuant to
28Section 13352.2 equal to the period of time the person installsbegin delete anend delete
29begin insert a functioning, certifiedend insert ignition interlock device pursuant to this
30section or Section 13353.75.

begin delete

31 (2) A court shall reduce the total amount of the fine, fees, and
32penalties by up to five hundred dollars ($500) for a conviction of
33a violation arising out of the same occurrence that led to the
34person’s driving privilege being suspended pursuant to Section
3513353.2.

end delete

36(e) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

37
(f) This section shall remain in effect only until January 1, 2025,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2025, deletes or extends that date.

end insert
P60   1

begin deleteSEC. 14.end delete
2
begin insertSEC. 21.end insert  

Section 13353.75 is added to the Vehicle Code, to
3read:

4

13353.75.  

(a) Subject to subdivision (d), a person who has
5been previously convicted of, or found to have committed, a
6separate violation of Section 23103, as specified in Section
723103.5, or Section 23140, 23152, or 23153, or Section 191.5 or
8subdivision (a) of Section 192.5 of the Penal Code, or whose
9privilege to operate a motor vehicle has been suspended or revoked
10pursuant to Section 13353 or 13353.2 for an offense that occurred
11on a separate occasion within 10 years of the occasion in question
12may apply to the department for a restricted driver’s license if the
13person meets all of the following requirements:

14(1) (A) The person satisfactorily provides proof of enrollment
15in a driving-under-the-influence program licensed under Section
1611836 of the Health and Safety Code, as described in subdivision
17(b) of Section 23538.

18(B) The program shall report any failure to participate in the
19program to the department and shall certify successful completion
20of the program to the department.

21(C) If a person who has been issued a restricted license under
22this section fails at any time to participate in the program, the
23department shall suspend the restricted license immediately. The
24department shall give notice of the suspension under this paragraph
25in the same manner as prescribed in subdivision (b) of Section
2613353.2 for the period specified in Section 13353.3, that is effective
27upon receipt by the person.

28(2) The person was 21 years of age or older at the time the
29offense occurred and gives proof of financial responsibility as
30defined in Section 16430.

31(3) The person has not been arrested subsequent to the offense
32for which the person’s driving privilege has been suspended under
33Section 13353.2 for a violation of Section 23103, as specified in
34Section 23103.5, or Section 23140, 23152, or 23153, or Section
35191.5 or subdivision (a) of Section 192.5 of the Penal Code, and
36the person’s privilege to operate a motor vehicle has not been
37suspended or revoked pursuant to Section 13353 or 13353.2 for
38an offense that occurred on a separate occasion, notwithstanding
39Section 13551.

P61   1(4) The person installsbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
2interlock device on any vehicle that he or she owns or operates
3and submits the “Verification of Installation” form described in
4paragraph (2) of subdivision (g) of Section 13386.

5(5) The person agrees to maintain the ignition interlock device
6as required under Section 23575.3.

7(b) The restriction shall remain in effect for the remaining period
8of the original suspension under Section 13353.2.

9(c) Notwithstanding subdivisions (a) and (b), and upon a
10conviction under Section 23152 or 23153 for the current offense,
11the department shall suspend or revoke the person’s privilege to
12operate a motor vehicle under Section 13352.

13(d) If the driver was operating a commercial vehicle, as defined
14in Section 15210, at the time of the violation that resulted in the
15suspension of that person’s driving privilege under Section
1613353.2, the department shall, pursuant to this section, if the person
17is otherwise eligible, issue the person a class C or class M driver’s
18license restricted in the same manner and subject to the same
19conditions as specified in subdivision (a), except that the license
20may not allow travel to and from or in the course of the person’s
21employment.

22(e) If the holder of a commercial driver’s license was operating
23a motor vehicle, other than a commercial vehicle as defined in
24Section 15210, at the time of the violation that resulted in the
25suspension of that person’s driving privilege pursuant to Section
2613353.2, the department shall, pursuant to this section, if the person
27is otherwise eligible, issue the person a class C or class M driver’s
28license restricted in the same manner and subject to the same
29conditions as specified in subdivision (a).

begin insert

30
(f) This section shall remain in effect only until January 1, 2025,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2025, deletes or extends that date.

end insert
33

begin deleteSEC. 15.end delete
34
begin insertSEC. 22.end insert  

Section 13386 of the Vehicle Code is amended to
35read:

36

13386.  

(a) (1) The department shall certify or cause to be
37certified ignition interlock devices required by Article 5
38(commencing with Section 23575) of Chapter 2 of Division 11.5
39and publish a list of approved devices.

P62   1(2) (A) The department shall ensure that ignition interlock
2devices that have been certified according to the requirements of
3this section continue to meet certification requirements. The
4department may periodically require manufacturers to indicate in
5writing whether the devices continue to meet certification
6requirements.

7(B) The department may use denial of certification, suspension
8or revocation of certification, or decertification of an ignition
9 interlock device in another state as an indication that the
10certification requirements are not met, if either of the following
11apply:

12(i) The denial of certification, suspension or revocation of
13certification, or decertification in another state constitutes a
14violation by the manufacturer of Article 2.55 (commencing with
15Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
16California Code of Regulations.

17(ii) The denial of certification for an ignition interlock device
18in another state was due to a failure of an ignition interlock device
19to meet the standards adopted by the regulation set forth in clause
20(i), specifically Sections 1 and 2 of the model specification for
21breath alcohol ignition interlock devices, as published by notice
22in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
23on pages 11774 to 11787,begin delete inclusive.end deletebegin insert inclusive, or the model
24specifications for breath alcohol ignition interlock devices, as
25published by notice in the Federal Register, Vol. 78, No. 89,
26Wednesday, May 8, 2013, on pages 25489 to 26867, inclusive.end insert

27(C) Failure to continue to meet certification requirements shall
28result in suspension or revocation of certification of ignition
29interlock devices.

30(b) (1) A manufacturer shall not furnish an installer, service
31center, technician, or consumer with technology or information
32that allows a device to be used in a manner that is contrary to the
33purpose for which it is certified.

34(2) Upon a violation of paragraph (1), the department shall
35suspend or revoke the certification of the ignition interlock device
36that is the subject of that violation.

37(c) An installer, service center, or technician shall not tamper
38with, change, or alter the functionality of the device from its
39certified criteria.

P63   1(d) The department shall utilize information from an
2independent, accredited (ISO/IEC 17025) laboratory to certify
3ignition interlock devices of the manufacturer or manufacturer’s
4agent, in accordance with the guidelines. The cost of certification
5shall be borne by the manufacturers of ignition interlock devices.
6If the certification of a device is suspended or revoked, the
7manufacturer of the device shall be responsible for, and shall bear
8the cost of, the removal of the device and the replacement of a
9certified device of the manufacturer or another manufacturer.

10(e) No model of ignition interlock device shall be certified unless
11it meets the accuracy requirements and specifications provided in
12the guidelines adopted by the National Highway Traffic Safety
13Administration.

14(f) All manufacturers of ignition interlock devices that meet the
15requirements of subdivision (e) and are certified in a manner
16approved by the department, who intend to market the devices in
17this state, first shall apply to the department on forms provided by
18that department. The application shall be accompanied by a fee in
19an amount not to exceed the amount necessary to cover the costs
20incurred by the department in carrying out this section.

21(g) The department shall ensure that standard forms and
22procedures are developed for documenting decisions and
23compliance and communicating results to relevant agencies. These
24forms shall include all of the following:

25(1) An “Option to Install,”begin delete toend deletebegin insert shallend insert be sent by the department
26tobegin delete repeatend deletebegin insert allend insert offenders along with the mandatory order of
27suspension or revocation. This shall include the alternatives
28available for early license reinstatement with the installation ofbegin delete anend delete
29begin insert a functioning, certifiedend insert ignition interlock device and shall be
30accompanied by a toll-free telephone number for each manufacturer
31of a certified ignition interlock device. Information regarding
32approved installation locations shall be provided to drivers by
33manufacturers with ignition interlock devices that have been
34certified in accordance with this section.

35(2) A “Verification of Installation” to be returned to the
36department by the reinstating offender upon application for
37reinstatement. Copies shall be provided for the manufacturer or
38the manufacturer’s agent.

39(3) A “Notice of Noncompliance” and procedures to ensure
40continued use of the ignition interlock device during the restriction
P64   1period and to ensure compliance with maintenance requirements.
2The maintenance period shall be standardized at 60 days to
3maximize monitoring checks for equipment tampering.

4(h) begin deleteEvery end deletebegin insertThe department shall develop rules under which every end insert
5manufacturer and manufacturer’s agent certified by the department
6to provide ignition interlock devices shallbegin delete adopt fee schedules that
7provide for the payment of the costs of the device by applicants
8in amounts commensurate with the applicant’s ability to pay.end delete

9
begin insert provide a fee schedule to the department of the manufacturer’s
10standard ignition interlock device program costs, stating the
11standard charges for installation, service and maintenance, and
12removal of the manufacturer’s device, and shall develop a form
13to be signed by an authorized representative of the manufacturer
14pursuant to which the manufacturer agrees to provide functioning,
15certified ignition interlock devices to applicants at the costs
16described in subdivision (k) of Section 23575.3. The form shall
17contain an acknowledgment that the failure of the manufacturer,
18its agents, or authorized installers to comply with subdivision (k)
19of Section 23575.3 shall result in suspension or revocation of the
20department’s approval for the manufacturer to market ignition
21interlock devices in this state.end insert

22(i) A person who manufactures, installs, services, or repairs, or
23otherwise deals in ignition interlock devices shall not disclose,
24sell, or transfer to a third party any individually identifiable
25information pertaining to individuals who are required by law to
26installbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device on a
27vehicle that he or she owns or operates, except to the extent
28necessary to confirm or deny that an individual has complied with
29ignition interlock device installation and maintenance requirements.

begin insert

30
(j) This section shall remain in effect only until January 1, 2025,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2025, deletes or extends that date.

end insert
33begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 13386 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
34

begin insert13386.end insert  

(a) (1) The department shall certify or cause to be
35certified ignition interlock devices required by Article 5
36(commencing with Section 23575) of Chapter 2 of Division 11.5
37and publish a list of approved devices.

38
(2) (A) The department shall ensure that ignition interlock
39devices that have been certified according to the requirements of
40this section continue to meet certification requirements. The
P65   1department may periodically require manufacturers to indicate in
2writing whether the devices continue to meet certification
3requirements.

4
(B) The department may use denial of certification, suspension
5or revocation of certification, or decertification of an ignition
6interlock device in another state as an indication that the
7certification requirements are not met, if either of the following
8apply:

9
(i) The denial of certification, suspension or revocation of
10certification, or decertification in another state constitutes a
11violation by the manufacturer of Article 2.55 (commencing with
12Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
13California Code of Regulations.

14
(ii) The denial of certification for an ignition interlock device
15in another state was due to a failure of an ignition interlock device
16to meet the standards adopted by the regulation set forth in clause
17(i), specifically Sections 1 and 2 of the model specification for
18breath alcohol ignition interlock devices, as published by notice
19in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
20on pages 11774 to 11787, inclusive, or the Model Specifications
21for Breath Alcohol Ignition Interlock Devices, as published by
22notice in the Federal Register, Vol. 78, No. 89, Wednesday, May
238, 2013, on pages 25489 to 26867, inclusive.

24
(C) Failure to continue to meet certification requirements shall
25result in suspension or revocation of certification of ignition
26interlock devices.

27
(b) (1) A manufacturer shall not furnish an installer, service
28center, technician, or consumer with technology or information
29that allows a device to be used in a manner that is contrary to the
30purpose for which it is certified.

31
(2) Upon a violation of paragraph (1), the department shall
32suspend or revoke the certification of the ignition interlock device
33that is the subject of that violation.

34
(c) An installer, service center, or technician shall not tamper
35with, change, or alter the functionality of the device from its
36certified criteria.

37
(d) The department shall utilize information from an
38independent, accredited (ISO/IEC 17025) laboratory to certify
39ignition interlock devices of the manufacturer or manufacturer’s
40agent, in accordance with the guidelines. The cost of certification
P66   1shall be borne by the manufacturers of ignition interlock devices.
2If the certification of a device is suspended or revoked, the
3manufacturer of the device shall be responsible for, and shall bear
4the cost of, the removal of the device and the replacement of a
5certified device of the manufacturer or another manufacturer.

6
(e) A model of ignition interlock device shall not be certified
7unless it meets the accuracy requirements and specifications
8provided in the guidelines adopted by the National Highway Traffic
9Safety Administration.

10
(f) All manufacturers of ignition interlock devices that meet the
11requirements of subdivision (e) and are certified in a manner
12approved by the department, who intend to sell the devices in this
13state, first shall apply to the department on forms provided by that
14department. The application shall be accompanied by a fee in an
15amount not to exceed the amount necessary to cover the costs
16incurred by the department in carrying out this section.

17
(g) The department shall ensure that standard forms and
18procedures are developed for documenting decisions and
19 compliance and communicating results to relevant agencies. These
20forms shall include all of the following:

21
(1) An “Option to Install,” to be sent by the department to repeat
22offenders along with the mandatory order of suspension or
23revocation. This shall include the alternatives available for early
24license reinstatement with the installation of an ignition interlock
25device and shall be accompanied by a toll-free telephone number
26for each manufacturer of a certified ignition interlock device.
27Information regarding approved installation locations shall be
28provided to drivers by manufacturers with ignition interlock devices
29that have been certified in accordance with this section.

30
(2) A “Verification of Installation” to be returned to the
31department by the reinstating offender upon application for
32reinstatement. Copies shall be provided for the manufacturer or
33the manufacturer’s agent.

34
(3) A “Notice of Noncompliance” and procedures to ensure
35continued use of the ignition interlock device during the restriction
36period and to ensure compliance with maintenance requirements.
37The maintenance period shall be standardized at 60 days to
38maximize monitoring checks for equipment tampering.

39
(h) Every manufacturer and manufacturer’s agent certified by
40the department to provide ignition interlock devices shall adopt
P67   1fee schedules that provide for the payment of the costs of the device
2by applicants in amounts commensurate with the applicant’s ability
3to pay.

4
(i) A person who manufactures, installs, services, or repairs,
5or otherwise deals in ignition interlock devices shall not disclose,
6sell, or transfer to a third party any individually identifiable
7information pertaining to individuals who are required by law to
8install an ignition interlock device on a vehicle that he or she owns
9or operates, except to the extent necessary to confirm or deny that
10an individual has complied with ignition interlock device
11installation and maintenance requirements.

12
(j) This section shall become operative January 1, 2025.

end insert
13begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 13390 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
14

begin insert13390.end insert  

(a) A temporary license issued pursuant to Section
1513382, 13388, or 13389 shall contain a notice that the person may
16be able to regain driving privileges with the installation of an
17ignition interlock device, that financial assistance may be available
18for that purpose, and a contact for obtaining more information
19regarding the ignition interlock program.

20
(b) This section shall remain in effect only until January 1, 2025,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2025, deletes or extends that date.

end insert
23

begin deleteSEC. 16.end delete
24
begin insertSEC. 25.end insert  

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

26

23103.5.  

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

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

P68   1(c) If the court accepts the defendant’s plea of guilty or nolo
2contendere to a charge of a violation of Section 23103 and the
3prosecutor’s statement under subdivision (a) states that there was
4consumption of an alcoholic beverage or the ingestion or
5administration of a drug by the defendant in connection with the
6offense, the resulting conviction shall be a prior offense for the
7purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
8as specified in those sections.

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

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

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

P69   1(2) The court shall revoke the person’s probation, except for
2good cause shown, for the failure to enroll in, participate in, or
3complete a program specified in paragraph (1).

4(g) begin deleteBeginning July 1, 2017, end deletebegin insertCommencing July 1, 2018, end insertthe court
5may require a person convictedbegin insert on or after July 1, 2018,end insert of a
6violation of Section 23103, as described in this section, to install
7abegin insert functioning,end insert certified ignition interlock device on any vehicle
8that the person owns or operates and prohibit that person from
9operating a motor vehicle unless that vehicle is equipped with a
10functioning, certified ignition interlock device. If the court orders
11the ignition interlock device restriction, the term shall be
12determined by the court for a period of at least three months, but
13no longer than the term specified in Section 23575.3 that would
14have applied to the defendant had he or she instead been convicted
15of a violation of Section 23152, from the date of conviction. The
16court shall notify the Department of Motor Vehicles, as specified
17in subdivision (a) of Section 1803, of the terms of the restrictions
18in accordance with subdivision (a) of Section 1804. The
19Department of Motor Vehicles shall place the restriction in the
20person’s records in the Department of Motor Vehicles. A person
21who is required to installbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
22interlock device pursuant to this subdivision shall submit the
23“Verification of Installation” form described in paragraph (2) of
24subdivision (g) of Section 13386 and maintain the ignition interlock
25device as required under subdivision (f) of Section 23575.3. The
26department shall monitor the installation and maintenance of the
27ignition interlock device installed pursuant to this subdivision.

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

begin insert

32
(i) This section shall remain in effect only until January 1, 2025,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2025, deletes or extends that date.

end insert
35begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 23103.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
36read:end insert

begin insert
37

begin insert23103.5.end insert  

(a) If the prosecution agrees to a plea of guilty or
38nolo contendere to a charge of a violation of Section 23103 in
39satisfaction of, or as a substitute for, an original charge of a
40violation of Section 23152, the prosecution shall state for the
P70   1record a factual basis for the satisfaction or substitution, including
2whether or not there had been consumption of an alcoholic
3beverage or ingestion or administration of a drug, or both, by the
4defendant in connection with the offense. The statement shall set
5forth the facts that show whether or not there was a consumption
6of an alcoholic beverage or the ingestion or administration of a
7drug by the defendant in connection with the offense.

8
(b) The court shall advise the defendant, prior to the acceptance
9of the plea offered pursuant to a factual statement pursuant to
10subdivision (a), of the consequences of a conviction of a violation
11of Section 23103 as set forth in subdivision (c).

12
(c) If the court accepts the defendant’s plea of guilty or nolo
13contendere to a charge of a violation of Section 23103 and the
14prosecutor’s statement under subdivision (a) states that there was
15consumption of an alcoholic beverage or the ingestion or
16administration of a drug by the defendant in connection with the
17offense, the resulting conviction shall be a prior offense for the
18purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
19as specified in those sections.

20
(d) The court shall notify the Department of Motor Vehicles of
21each conviction of Section 23103 that is required under this section
22to be a prior offense for purposes of Section 23540, 23546, 23550,
2323560, 23566, or 23622.

24
(e) Except as provided in paragraph (1) of subdivision (f), if
25the court places the defendant on probation for a conviction of
26Section 23103 that is required under this section to be a prior
27offense for purposes of Section 23540, 23546, 23550, 23560,
2823566, or 23622, the court shall order the defendant to enroll in
29an alcohol and drug education program licensed under Chapter
309 (commencing with Section 11836) of Part 2 of Division 10.5 of
31the Health and Safety Code and complete, at a minimum, the
32educational component of that program, as a condition of
33probation. If compelling circumstances exist that mitigate against
34including the education component in the order, the court may
35 make an affirmative finding to that effect. The court shall state the
36compelling circumstances and the affirmative finding on the record,
37and may, in these cases, exclude the educational component from
38the order.

39
(f) (1) If the court places on probation a defendant convicted
40of a violation of Section 23103 that is required under this section
P71   1to be a prior offense for purposes of Section 23540, 23546, 23550,
223560, 23566, or 23622, and that offense occurred within 10 years
3of a separate conviction of a violation of Section 23103, as
4specified in this section, or within 10 years of a conviction of a
5violation of Section 23152 or 23153, the court shall order the
6defendant to participate for nine months or longer, as ordered by
7the court, in a program licensed under Chapter 9 (commencing
8with Section 11836) of Part 2 of Division 10.5 of the Health and
9Safety Code that consists of at least 60 hours of program activities,
10including education, group counseling, and individual interview
11sessions.

12
(2) The court shall revoke the person’s probation, except for
13good cause shown, for the failure to enroll in, participate in, or
14complete a program specified in paragraph (1).

15
(g) The Department of Motor Vehicles shall include in its annual
16report to the Legislature under Section 1821 an evaluation of the
17effectiveness of the programs described in subdivisions (e) and (f)
18as to treating persons convicted of violating Section 23103.

19
(h) This section shall become operative January 1, 2025.

end insert
20

begin deleteSEC. 17.end delete
21
begin insertSEC. 27.end insert  

Section 23247 of the Vehicle Code is amended to
22read:

23

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
24or lend a motor vehicle to another person known to have had his
25or her driving privilege restricted as provided in Section 13352,
2623575, or 23700, unless the vehicle is equipped with a functioning,
27certified ignition interlock device. A person, whose driving
28privilege is restricted pursuant to Section 13352, 23575, or 23700
29shall notify any other person who rents, leases, or loans a motor
30vehicle to him or her of the driving restriction imposed under that
31section.

32(b) It is unlawful for any person whose driving privilege is
33restricted pursuant to Section 13352, 23575, or 23700 to request
34or solicit any other person to blow into an ignition interlock device
35or to start a motor vehicle equipped with the device for the purpose
36of providing the person so restricted with an operable motor
37vehicle.

38(c) It is unlawful to blow into an ignition interlock device or to
39start a motor vehicle equipped with the device for the purpose of
P72   1providing an operable motor vehicle to a person whose driving
2 privilege is restricted pursuant to Section 13352, 23575, or 23700.

3(d) It is unlawful to remove, bypass, or tamper with, an ignition
4interlock device.

5(e) It is unlawful for any person whose driving privilege is
6restricted pursuant to Section 13352, 23575, or 23700 to operate
7any vehicle not equipped with abegin delete functioningend deletebegin insert functioning, certifiedend insert
8 ignition interlock device.

9(f) Any person convicted of a violation of this section shall be
10punished by imprisonment in a county jail for not more than six
11 months or by a fine of not more than five thousand dollars ($5,000),
12or by both that fine and imprisonment.

13(g) (1) If any person whose driving privilege is restricted
14pursuant to Section 13352 is convicted of a violation of subdivision
15(e), the court shall notify the Department of Motor Vehicles, which
16shall immediately terminate the restriction and shall suspend or
17revoke the person’s driving privilege for the remaining period of
18the originating suspension or revocation and until all reinstatement
19requirements in Section 13352 are met.

20(2) If any person who is restricted pursuant to subdivision (a)
21or (l) of Section 23575 or Section 23700 is convicted of a violation
22of subdivision (e), the department shall suspend the person’s
23driving privilege for one year from the date of the conviction.

24(h) Notwithstanding any other law, if a vehicle in whichbegin delete anend deletebegin insert a
25functioning, certifiedend insert
ignition interlock device has been installed
26is impounded, the manufacturer or installer of the device shall
27have the right to remove the device from the vehicle during normal
28business hours. No charge shall be imposed for the removal of the
29device nor shall the manufacturer or installer be liable for any
30removal, towing, impoundment, storage, release, or administrative
31costs or penalties associated with the impoundment. Upon request,
32the person seeking to remove the device shall present
33documentation to justify removal of the device from the vehicle.
34Any damage to the vehicle resulting from the removal of the device
35is the responsibility of the person removing it.

36(i) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
37 and, as of January 1,begin delete 2018,end deletebegin insert 2019,end insert is repealed, unless a later enacted
38statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019,end insert
39 deletes or extends the dates on which it becomes inoperative and
40is repealed.

P73   1

begin deleteSEC. 18.end delete
2
begin insertSEC. 28.end insert  

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

3

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
4or lend a motor vehicle to another person known to have had his
5or her driving privilege restricted as provided in Section 13352,
613352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
7with a functioning, certified ignition interlock device. A person,
8whose driving privilege is restricted pursuant to Section 13352,
913352.4, 23575, 23575.3, or 23700 shall notify any other person
10who rents, leases, or loans a motor vehicle to him or her of the
11driving restriction imposed under that section.

12(b) It is unlawful for any person whose driving privilege is
13restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
1423700 to request or solicit any other person to blow into an ignition
15interlock device or to start a motor vehicle equipped with the device
16for the purpose of providing the person so restricted with an
17operable motor vehicle.

18(c) It is unlawful to blow into an ignition interlock device or to
19start a motor vehicle equipped with the device for the purpose of
20providing an operable motor vehicle to a person whose driving
21privilege is restricted pursuant to Section 13352, 13352.4, 23575,
2223575.3, or 23700.

23(d) It is unlawful to remove, bypass, or tamper with, an ignition
24interlock device.

25(e) It is unlawful for any person whose driving privilege is
26restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
2723700 to operate any vehicle not equipped with a functioning
28ignition interlock device.

29(f) Any person convicted of a violation of this section shall be
30punished by imprisonment in a county jail for not more than six
31months or by a fine of not more than five thousand dollars ($5,000),
32or by both that fine and imprisonment.

33(g) (1) If any person whose driving privilege is restricted
34pursuant to Section 13352 or 13352.4 is convicted of a violation
35of subdivision (e), the court shall notify the Department of Motor
36Vehicles, which shall immediately terminate the restriction and
37shall suspend or revoke the person’s driving privilege for the
38remaining period of the originating suspension or revocation and
39until all reinstatement requirements in Section 13352 are met.

P74   1(2) If any person who is restricted pursuant to Section 23575.3,
2subdivision (a) or (i) of Section 23575, or Section 23700 is
3convicted of a violation of subdivision (e), the department shall
4suspend the person’s driving privilege for one year from the date
5of the conviction.

6(h) Notwithstanding any other law, if a vehicle in whichbegin delete anend deletebegin insert a
7functioning, certifiedend insert
ignition interlock device has been installed
8is impounded, the manufacturer or installer of the device shall
9have the right to remove the device from the vehicle during normal
10business hours. No charge shall be imposed for the removal of the
11device nor shall the manufacturer or installer be liable for any
12removal, towing, impoundment, storage, release, or administrative
13costs or penalties associated with the impoundment. Upon request,
14the person seeking to remove the device shall present
15documentation to justify removal of the device from the vehicle.
16Any damage to the vehicle resulting from the removal of the device
17is the responsibility of the person removing it.

18(i) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

19
(j) This section shall remain in effect only until January 1, 2025,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2025, deletes or extends that date.

end insert
22begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 23247 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
23

begin insert23247.end insert  

(a) It is unlawful for a person to knowingly rent, lease,
24or lend a motor vehicle to another person known to have had his
25or her driving privilege restricted as provided in Section 13352,
2623575, or 23700, unless the vehicle is equipped with a functioning,
27certified ignition interlock device. A person, whose driving
28privilege is restricted pursuant to Section 13352, 23575, or 23700
29shall notify any other person who rents, leases, or loans a motor
30vehicle to him or her of the driving restriction imposed under that
31section.

32
(b) It is unlawful for any person whose driving privilege is
33restricted pursuant to Section 13352, 23575, or 23700 to request
34or solicit any other person to blow into an ignition interlock device
35or to start a motor vehicle equipped with the device for the purpose
36of providing the person so restricted with an operable motor
37vehicle.

38
(c) It is unlawful to blow into an ignition interlock device or to
39start a motor vehicle equipped with the device for the purpose of
P75   1providing an operable motor vehicle to a person whose driving
2privilege is restricted pursuant to Section 13352, 23575, or 23700.

3
(d) It is unlawful to remove, bypass, or tamper with, an ignition
4interlock device.

5
(e) It is unlawful for any person whose driving privilege is
6restricted pursuant to Section 13352, 23575, or 23700 to operate
7any vehicle not equipped with a functioning, certified ignition
8interlock device.

9
(f) Any person convicted of a violation of this section shall be
10punished by imprisonment in a county jail for not more than six
11months or by a fine of not more than five thousand dollars ($5,000),
12or by both that fine and imprisonment.

13
(g) (1) If any person whose driving privilege is restricted
14pursuant to Section 13352 is convicted of a violation of subdivision
15(e), the court shall notify the Department of Motor Vehicles, which
16shall immediately terminate the restriction and shall suspend or
17revoke the person’s driving privilege for the remaining period of
18the originating suspension or revocation and until all reinstatement
19requirements in Section 13352 are met.

20
(2) If any person who is restricted pursuant to subdivision (a)
21or (l) of Section 23575 or Section 23700 is convicted of a violation
22of subdivision (e), the department shall suspend the person’s
23driving privilege for one year from the date of the conviction.

24
(h) Notwithstanding any other law, if a vehicle in which a
25functioning, certified ignition interlock device has been installed
26is impounded, the manufacturer or installer of the device shall
27have the right to remove the device from the vehicle during normal
28business hours. No charge shall be imposed for the removal of the
29device nor shall the manufacturer or installer be liable for any
30removal, towing, impoundment, storage, release, or administrative
31costs or penalties associated with the impoundment. Upon request,
32the person seeking to remove the device shall present
33documentation to justify removal of the device from the vehicle.
34Any damage to the vehicle resulting from the removal of the device
35is the responsibility of the person removing it.

36
(i) This section shall become operative January 1, 2025.

end insert
37

begin deleteSEC. 19.end delete
38
begin insertSEC. 30.end insert  

Section 23573 of the Vehicle Code is amended to
39read:

P76   1

23573.  

(a) The Department of Motor Vehicles, upon receipt
2of the court’s abstract of conviction for a violation listed in
3subdivision (j), shall inform the convicted person of the
4requirements of this section and the term for which the person is
5required to have abegin insert functioning,end insert certified ignition interlock device
6installed. The records of the department shall reflect the mandatory
7use of the device for the term required and the time when the device
8is required to be installed pursuant to this code.

9(b) The department shall advise the person that installation of
10begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device on a vehicle
11does not allow the person to drive without a valid driver’s license.

12(c) A person who is notified by the department pursuant to
13subdivision (a) shall, within 30 days of notification, complete all
14of the following:

15(1) Arrange for each vehicle owned or operated by the person
16to be fitted withbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device
17by a certified ignition interlock device provider under Section
1813386.

19(2) Notify the department and provide to the department proof
20of installation by submitting the “Verification of Installation” form
21described in paragraph (2) of subdivision (g) of Section 13386.

22(3) Pay to the department a fee sufficient to cover the costs of
23administration of this section, including startup costs, as determined
24by the department.

25(d) The department shall place a restriction on the driver’s
26license record of the convicted person that states the driver is
27restricted to driving only vehicles equipped with abegin insert functioning,end insert
28 certified ignition interlock device.

29(e) (1) A person who is notified by the department pursuant to
30subdivision (a) shall arrange for each vehicle with an ignition
31interlock device to be serviced by the installer at least once every
3260 days in order for the installer to recalibrate and monitor the
33operation of the device.

34(2) The installer shall notify the department if the device is
35removed or indicates that the person has attempted to remove,
36bypass, or tamper with the device, or if the person fails three or
37more times to comply with any requirement for the maintenance
38or calibration of the ignition interlock device.

P77   1(f) The department shall monitor the installation and
2maintenance of the ignition interlock device installed pursuant to
3subdivision (a).

4(g) (1) A person who is notified by the department, pursuant
5to subdivision (a), is exempt from the requirements of subdivision
6(c) if all of the following circumstances occur:

7(A) Within 30 days of the notification, the person certifies to
8the department all of the following:

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

10(ii) The person does not have access to a vehicle at his or her
11residence.

12(iii) The person no longer has access to the vehicle being driven
13by the person when he or she was arrested for a violation that
14subsequently resulted in a conviction for a violation listed in
15subdivision (j).

16(iv) The person acknowledges that he or she is only allowed to
17drive a vehicle that is fitted withbegin delete an operatingend deletebegin insert a functioning,
18certifiedend insert
ignition interlock device and that he or she is required to
19have a valid driver’s license before he or she can drive.

20(v) The person is subject to the requirements of this section
21when he or she purchases or has access to a vehicle.

22(B) The person’s driver’s license record has been restricted
23pursuant to subdivision (d).

24(C) The person complies with this section immediately upon
25commencing ownership or operation of a vehicle subject to the
26required installation ofbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock
27device.

28(2) A person who has been granted an exemption pursuant to
29this subdivision and who subsequently drives a vehicle in violation
30of the exemption is subject to the penalties of subdivision (i) in
31addition to any other applicable penalties in law.

32(h) This section does not permit a person to drive without a
33valid driver’s license.

34(i) A person who is required under subdivision (c) to installbegin delete anend delete
35begin insert a functioning, certifiedend insert ignition interlock device who willfully fails
36to install the ignition interlock device within the time period
37required under subdivision (c) is guilty of a misdemeanor and shall
38be punished by imprisonment in a county jail for not more than
39six months or by a fine of not more than five thousand dollars
40($5,000), or by both that fine and imprisonment.

P78   1(j) In addition to all other requirements of this code, a person
2convicted of any of the following violations shall be punished as
3follows:

4(1) Upon a conviction of a violation of Section 14601.2,
514601.4, or 14601.5 subsequent to one prior conviction of a
6violation of Section 23103.5, 23152, or 23153, within a 10-year
7period, the person shall immediately install abegin insert functioning,end insert certified
8 ignition interlock device, pursuant to this section, in all vehicles
9owned or operated by that person for a term of one year.

10(2) Upon a conviction of a violation of Section 14601.2,
1114601.4, or 14601.5 subsequent to two prior convictions of a
12violation of Section 23103.5, 23152, or 23153, within a 10-year
13period, or one prior conviction of Section 14601.2, 14601.4, or
1414601.5, within a 10-year period, the person shall immediately
15install abegin insert functioning,end insert certified ignition interlock device, pursuant
16to this section, in all vehicles owned or operated by that person
17for a term of two years.

18(3) Upon a conviction of a violation of Section 14601.2,
1914601.4, or 14601.5 subsequent to three or more prior convictions
20of a violation of Section 23103.5, 23152, or 23153, within a
2110-year period, or two or more prior convictions of Section
2214601.2, 14601.4, or 14601.5, within a 10-year period, the person
23shall immediately install abegin insert functioning,end insert certified ignition interlock
24device, pursuant to this section, in all vehicles owned or operated
25by that person for a term of three years.

26(k) The department shall notify the court if a person subject to
27this section has failed to show proof of installation within 30 days
28of the department informing the person he or she is required to
29install abegin insert functioning,end insert certified ignition interlock device.

30(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
31to this section.

32(m) The requirements of this section are in addition to any other
33requirements of law.

34(n) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
35 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
36statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert
37 deletes or extends the dates on which it becomes inoperative and
38is repealed.

39

begin deleteSEC. 20.end delete
40
begin insertSEC. 31.end insert  

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

P79   1

23573.  

(a) The Department of Motor Vehicles, upon receipt
2of the court’s abstract of conviction for a violation listed in
3subdivision (j), shall inform the convicted person of the
4requirements of this section and the term for which the person is
5required to have abegin insert functioning,end insert certified ignition interlock device
6installed. The records of the department shall reflect the mandatory
7use of the device for the term required and the time when the device
8is required to be installed pursuant to this code.

9(b) The department shall advise the person that installation of
10begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device on a vehicle
11does not allow the person to drive without a valid driver’s license.

12(c) A person who is notified by the department pursuant to
13subdivision (a) shall, within 30 days of notification, complete all
14of the following:

15(1) Arrange for each vehicle owned or operated by the person
16to be fitted withbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device
17by a certified ignition interlock device provider under Section
1813386.

19(2) Notify the department and provide to the department proof
20of installation by submitting the “Verification of Installation” form
21described in paragraph (2) of subdivision (g) of Section 13386.

22(3) Pay to the department a fee sufficient to cover the costs of
23administration of this section, including startup costs, as determined
24by the department.

25(d) The department shall place a restriction on the driver’s
26license record of the convicted person that states the driver is
27restricted to driving only vehicles equipped with abegin insert functioning,end insert
28 certified ignition interlock device.

29(e) (1) A person who is notified by the department pursuant to
30subdivision (a) shall arrange for each vehicle with an ignition
31interlock device to be serviced by the installer at least once every
32begin delete 45end deletebegin insert 60end insert days in order for the installer to recalibrate and monitor the
33operation of the device.

34(2) The installer shall notify the department if the device is
35removed or indicates that the person has attempted to remove,
36bypass, or tamper with the device, or if the person fails three or
37more times to comply with any requirement for the maintenance
38or calibration of the ignition interlock device.

P80   1(f) The department shall monitor the installation and
2maintenance of thebegin insert functioning, certifiedend insert ignition interlock device
3installed pursuant to subdivision (a).

4(g) (1) A person who is notified by the department, pursuant
5to subdivision (a), is exempt from the requirements of subdivision
6(c) if all of the following circumstances occur:

7(A) Withinbegin delete 45end deletebegin insert 60end insert days of the notification, the person certifies
8to the department all of the following:

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

10(ii) The person does not have access to a vehicle at his or her
11residence.

12(iii) The person no longer has access to the vehicle being driven
13by the person when he or she was arrested for a violation that
14subsequently resulted in a conviction for a violation listed in
15subdivision (j).

16(iv) The person acknowledges that he or she is only allowed to
17drive a vehicle that is fitted withbegin delete an operatingend deletebegin insert a functioning,
18certifiedend insert
ignition interlock device and that he or she is required to
19have a valid driver’s license before he or she can drive.

20(v) The person is subject to the requirements of this section
21when he or she purchases or has access to a vehicle.

22(B) The person’s driver’s license record has been restricted
23pursuant to subdivision (d).

24(C) The person complies with this section immediately upon
25commencing ownership or operation of a vehicle subject to the
26required installation ofbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock
27device.

28(2) A person who has been granted an exemption pursuant to
29this subdivision and who subsequently drives a vehicle in violation
30of the exemption is subject to the penalties of subdivision (i) in
31addition to any other applicable penalties in law.

32(h) This section does not permit a person to drive without a
33valid driver’s license.

34(i) A person who is required under subdivision (c) to installbegin delete anend delete
35begin insert a functioning, certifiedend insert ignition interlock device who willfully fails
36to install the ignition interlock device within the time period
37required under subdivision (c) is guilty of a misdemeanor and shall
38be punished by imprisonment in a county jail for not more than
39six months or by a fine of not more than five thousand dollars
40($5,000), or by both that fine and imprisonment.

P81   1(j) In addition to all other requirements of this code, a person
2convicted of any of the following violations shall be punished as
3follows:

4(1) Upon a conviction of a violation of Section 14601.2,
514601.4, or 14601.5 subsequent to one prior conviction of a
6violation of Section 23103.5, 23152, or 23153, within a 10-year
7period, the person shall immediately install abegin insert functioning,end insert certified
8ignition interlock device, pursuant to this section, in all vehicles
9owned or operated by that person for a term of one year.

10(2) Upon a conviction of a violation of Section 14601.2,
1114601.4, or 14601.5 subsequent to two prior convictions of a
12violation of Section 23103.5, 23152, or 23153, within a 10-year
13period, or one prior conviction of Section 14601.2, 14601.4, or
1414601.5, within a 10-year period, the person shall immediately
15install abegin insert functioning,end insert certified ignition interlock device, pursuant
16to this section, in all vehicles owned or operated by that person
17for a term of two years.

18(3) Upon a conviction of a violation of Section 14601.2,
1914601.4, or 14601.5 subsequent to three or more prior convictions
20of a violation of Section 23103.5, 23152, or 23153, within a
2110-year period, or two or more prior convictions of Section
2214601.2, 14601.4, or 14601.5, within a 10-year period, the person
23shall immediately install abegin insert functioning,end insert certified ignition interlock
24device, pursuant to this section, in all vehicles owned or operated
25by that person for a term of three years.

26(k) The department shall notify the court if a person subject to
27this section has failed to show proof of installation within 30 days
28of the department informing the person he or she is required to
29install abegin insert functioning,end insert certified ignition interlock device.

30(l) Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply
31to this section.

32(m) The requirements of this section are in addition to any other
33requirements of law.

34(n) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018end insertbegin insert.end insert

begin insert

35
(o) This section shall remain in effect only until January 1, 2025,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2025, deletes or extends that date.

end insert
38begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 23573 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
39

begin insert23573.end insert  

(a) The Department of Motor Vehicles, upon receipt
40of the court’s abstract of conviction for a violation listed in
P82   1subdivision (j), shall inform the convicted person of the
2requirements of this section and the term for which the person is
3required to have a functioning, certified ignition interlock device
4installed. The records of the department shall reflect the mandatory
5use of the device for the term required and the time when the device
6is required to be installed pursuant to this code.

7
(b) The department shall advise the person that installation of
8a functioning, certified ignition interlock device on a vehicle does
9not allow the person to drive without a valid driver’s license.

10
(c) A person who is notified by the department pursuant to
11subdivision (a) shall, within 30 days of notification, complete all
12of the following:

13
(1) Arrange for each vehicle owned or operated by the person
14to be fitted with a functioning, certified ignition interlock device
15by a certified ignition interlock device provider under Section
1613386.

17
(2) Notify the department and provide to the department proof
18of installation by submitting the “Verification of Installation” form
19described in paragraph (2) of subdivision (g) of Section 13386.

20
(3) Pay to the department a fee sufficient to cover the costs of
21administration of this section, including startup costs, as
22determined by the department.

23
(d) The department shall place a restriction on the driver’s
24license record of the convicted person that states the driver is
25restricted to driving only vehicles equipped with a functioning,
26certified ignition interlock device.

27
(e) (1) A person who is notified by the department pursuant to
28subdivision (a) shall arrange for each vehicle with an ignition
29interlock device to be serviced by the installer at least once every
3060 days in order for the installer to recalibrate and monitor the
31operation of the device.

32
(2) The installer shall notify the department if the device is
33removed or indicates that the person has attempted to remove,
34bypass, or tamper with the device, or if the person fails three or
35more times to comply with any requirement for the maintenance
36or calibration of the ignition interlock device.

37
(f) The department shall monitor the installation and
38maintenance of the ignition interlock device installed pursuant to
39subdivision (a).

P83   1
(g) (1) A person who is notified by the department, pursuant
2to subdivision (a), is exempt from the requirements of subdivision
3(c) if all of the following circumstances occur:

4
(A) Within 30 days of the notification, the person certifies to
5the department all of the following:

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

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

9
(iii) The person no longer has access to the vehicle being driven
10by the person when he or she was arrested for a violation that
11subsequently resulted in a conviction for a violation listed in
12subdivision (j).

13
(iv) The person acknowledges that he or she is only allowed to
14drive a vehicle that is fitted with a functioning, certified ignition
15interlock device and that he or she is required to have a valid
16driver’s license before he or she can drive.

17
(v) The person is subject to the requirements of this section
18when he or she purchases or has access to a vehicle.

19
(B) The person’s driver’s license record has been restricted
20pursuant to subdivision (d).

21
(C) The person complies with this section immediately upon
22commencing ownership or operation of a vehicle subject to the
23required installation of a functioning, certified ignition interlock
24device.

25
(2) A person who has been granted an exemption pursuant to
26this subdivision and who subsequently drives a vehicle in violation
27of the exemption is subject to the penalties of subdivision (i) in
28addition to any other applicable penalties in law.

29
(h) This section does not permit a person to drive without a
30valid driver’s license.

31
(i) A person who is required under subdivision (c) to install a
32functioning, certified ignition interlock device who willfully fails
33to install the ignition interlock device within the time period
34required under subdivision (c) is guilty of a misdemeanor and
35shall be punished by imprisonment in a county jail for not more
36than six months or by a fine of not more than five thousand dollars
37($5,000), or by both that fine and imprisonment.

38
(j) In addition to all other requirements of this code, a person
39convicted of any of the following violations shall be punished as
40follows:

P84   1
(1) Upon a conviction of a violation of Section 14601.2, 14601.4,
2or 14601.5 subsequent to one prior conviction of a violation of
3Section 23103.5, 23152, or 23153, within a 10-year period, the
4person shall immediately install a functioning, certified ignition
5interlock device, pursuant to this section, in all vehicles owned or
6operated by that person for a term of one year.

7
(2) Upon a conviction of a violation of Section 14601.2, 14601.4,
8or 14601.5 subsequent to two prior convictions of a violation of
9Section 23103.5, 23152, or 23153, within a 10-year period, or one
10prior conviction of Section 14601.2, 14601.4, or 14601.5, within
11a 10-year period, the person shall immediately install a
12functioning, certified ignition interlock device, pursuant to this
13section, in all vehicles owned or operated by that person for a term
14of two years.

15
(3) Upon a conviction of a violation of Section 14601.2, 14601.4,
16or 14601.5 subsequent to three or more prior convictions of a
17violation of Section 23103.5, 23152, or 23153, within a 10-year
18period, or two or more prior convictions of Section 14601.2,
1914601.4, or 14601.5, within a 10-year period, the person shall
20immediately install a functioning, certified ignition interlock device,
21pursuant to this section, in all vehicles owned or operated by that
22person for a term of three years.

23
(k) The department shall notify the court if a person subject to
24this section has failed to show proof of installation within 30 days
25of the department informing the person he or she is required to
26install a functioning, certified ignition interlock device.

27
(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
28to this section.

29
(m) The requirements of this section are in addition to any other
30requirements of law.

31
(n) This section shall become operative January 1, 2025.

end insert
32

begin deleteSEC. 21.end delete
33
begin insertSEC. 33.end insert  

Section 23575 of the Vehicle Code is amended to
34read:

35

23575.  

(a) (1) In addition to any other law, the court may
36require that a person convicted of a first offense violation of
37Section 23152 or 23153 install abegin insert functioning,end insert certified ignition
38interlock device on any vehicle that the person owns or operates
39and prohibit that person from operating a motor vehicle unless that
40vehicle is equipped with a functioning, certified ignition interlock
P85   1device. The court shall give heightened consideration to applying
2this sanction to a first offense violator with 0.15 percent or more,
3by weight, of alcohol in his or her blood at arrest, or with two or
4more prior moving traffic violations, or to persons who refused
5the chemical tests at arrest. If the court orders the ignition interlock
6device restriction, the term shall be determined by the court for a
7period not to exceed three years from the date of conviction. The
8court shall notify the Department of Motor Vehicles, as specified
9in subdivision (a) of Section 1803, of the terms of the restrictions
10in accordance with subdivision (a) of Section 1804. The
11Department of Motor Vehicles shall place the restriction in the
12person’s records in the Department of Motor Vehicles.

13(2) The court shall require a person convicted of a violation of
14Section 14601.2 to installbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
15interlock device on any vehicle that the person owns or operates
16and prohibit the person from operating a motor vehicle unless the
17vehicle is equipped with a functioning, certified ignition interlock
18device. The term of the restriction shall be determined by the court
19for a period not to exceed three years from the date of conviction.
20The court shall notify the Department of Motor Vehicles, as
21specified in subdivision (a) of Section 1803, of the terms of the
22restrictions in accordance with subdivision (a) of Section 1804.
23The Department of Motor Vehicles shall place the restriction in
24the person’s records in the Department of Motor Vehicles.

25(b) The court shall include on the abstract of conviction or
26violation submitted to the Department of Motor Vehicles under
27Section 1803 or 1816 the requirement and term for the use of a
28begin insert functioning,end insert certified ignition interlock device. The records of the
29department shall reflect mandatory use of the device for the term
30ordered by the court.

31(c) The court shall advise the person that installation ofbegin delete anend deletebegin insert a
32functioning, certifiedend insert
ignition interlock device on a vehicle does
33not allow the person to drive without a valid driver’s license.

34(d) A person whose driving privilege is restricted by the court
35pursuant to this section shall arrange for each vehicle withbegin delete anend deletebegin insert a
36functioning, certifiedend insert
ignition interlock device to be serviced by
37the installer at least once every 60 days in order for the installer
38to recalibrate and monitor the operation of the device. The installer
39shall notify the court if the device is removed or indicates that the
40person has attempted to remove, bypass, or tamper with the device,
P86   1or if the person fails three or more times to comply with a
2requirement for the maintenance or calibration of the ignition
3interlock device. There is no obligation for the installer to notify
4the court if the person has complied with all of the requirements
5of this article.

6(e) The court shall monitor the installation and maintenance of
7begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device restriction
8ordered pursuant to subdivision (a) or (l). If a person fails to
9comply with the court order, the court shall give notice of the fact
10to the department pursuant to Section 40509.1.

11(f) (1) If a person is convicted of a violation of Section 23152
12or 23153 and the offense occurred within 10 years of one or more
13separate violations of Section 23152 or 23153 that resulted in a
14conviction, or if a person is convicted of a violation of Section
1523103, as specified in Section 23103.5, and is suspended for one
16year under Section 13353.3, the person may apply to the
17Department of Motor Vehicles for a restricted driver’s license
18pursuant to Section 13352 or 13353.3 that prohibits the person
19from operating a motor vehicle unless that vehicle is equipped
20with abegin delete functioningend deletebegin insert functioning, certifiedend insert ignition interlock device,
21certified pursuant to Section 13386. The restriction shall remain
22in effect for at least the remaining period of the original suspension
23or revocation and until all reinstatement requirements in Section
2413352 or 13353.4 are met.

25(2) Pursuant to subdivision (g), the Department of Motor
26Vehicles shall immediately terminate the restriction issued pursuant
27to Section 13352 or 13353.3 and shall immediately suspend or
28revoke the privilege to operate a motor vehicle of a person who
29attempts to remove, bypass, or tamper with the device, who has
30the device removed prior to the termination date of the restriction,
31or who fails three or more times to comply with any requirement
32for the maintenance or calibration of the ignition interlock device
33ordered pursuant to Section 13352 or 13353.3. The privilege shall
34remain suspended or revoked for the remaining period of the
35originating suspension or revocation and until all reinstatement
36requirements in Section 13352 or 13353.4 are met.

37(g) A person whose driving privilege is restricted by the
38Department of Motor Vehicles pursuant to Section 13352 or
3913353.3 shall arrange for each vehicle withbegin delete anend deletebegin insert a functioning,
40certifiedend insert
ignition interlock device to be serviced by the installer at
P87   1least once every 60 days in order for the installer to recalibrate the
2device and monitor the operation of the device. The installer shall
3notify the Department of Motor Vehicles if the device is removed
4or indicates that the person has attempted to remove, bypass, or
5tamper with the device, or if the person fails three or more times
6to comply with any requirement for the maintenance or calibration
7of the ignition interlock device. There is no obligation on the part
8of the installer to notify the department or the court if the person
9has complied with all of the requirements of this section.

10(h) Nothing in this section permits a person to drive without a
11valid driver’s license.

12(i) The Department of Motor Vehicles shall include information
13along with the order of suspension or revocation for repeat
14offenders informing them that after a specified period of suspension
15or revocation has been completed, the person may either installbegin delete anend delete
16begin insert a functioning, certifiedend insert ignition interlock device on any vehicle
17that the person owns or operates or remain with a suspended or
18revoked driver’s license.

19(j) Pursuant to this section, an out-of-state resident who
20otherwise would qualify forbegin delete anend deletebegin insert a functioning, certifiedend insert ignition
21interlock device restricted license in California shall be prohibited
22from operating a motor vehicle in California unless that vehicle is
23equipped with abegin delete functioningend deletebegin insert functioning, certifiedend insert ignition interlock
24device. An ignition interlock device is not required to be installed
25on any vehicle owned by the defendant that is not driven in
26California.

27(k) If a medical problem does not permit a person to breathe
28with sufficient strength to activate the device, that person shall
29only have the suspension option.

30(l) This section does not restrict a court from requiring
31installation ofbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device
32and prohibiting operation of a motor vehicle unless that vehicle is
33equipped with a functioning, certified ignition interlock device for
34a person to whom subdivision (a) or (b) does not apply. The term
35of the restriction shall be determined by the court for a period not
36to exceed three years from the date of conviction. The court shall
37notify the Department of Motor Vehicles, as specified in
38subdivision (a) of Section 1803, of the terms of the restrictions in
39accordance with subdivision (a) of Section 1804. The Department
P88   1of Motor Vehicles shall place the restriction in the person’s records
2in the Department of Motor Vehicles.

3(m) For the purposes of this section, “vehicle” does not include
4a motorcycle until the state certifies an ignition interlock device
5that can be installed on a motorcycle. Any person subject to an
6ignition interlock device restriction shall not operate a motorcycle
7for the duration of the ignition interlock device restriction period.

8(n) For the purposes of this section, “owned” means solely
9owned or owned in conjunction with another person or legal entity.
10For purposes of this section, “operates” includes operating a vehicle
11that is not owned by the person subject to this section.

12(o) For the purposes of this section, “bypass” includes, but is
13not limited to, either of the following:

14(1) A combination of failing or not taking the ignition interlock
15device rolling retest three consecutive times.

16(2) An incidence of failing or not taking the ignition interlock
17device rolling retest, when not followed by an incidence of passing
18the ignition interlock rolling retest prior to turning off the vehicle’s
19engine.

20(p) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
21 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
22statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert
23 deletes or extends the dates on which it becomes inoperative and
24is repealed.

25

begin deleteSEC. 22.end delete
26
begin insertSEC. 34.end insert  

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

27

23575.  

(a) The court shall require a person convicted of a
28violation of Section 14601.2 to installbegin delete anend deletebegin insert a functioning, certifiedend insert
29 ignition interlock device on any vehicle that the person owns or
30operates and prohibit the person from operating a motor vehicle
31unless the vehicle is equipped with a functioning, certified ignition
32interlock device. The term of the restriction shall be determined
33by the court for a period not to exceed three years from the date
34of conviction. The court shall notify the Department of Motor
35Vehicles, as specified in subdivision (a) of Section 1803, of the
36terms of the restrictions in accordance with subdivision (a) of
37Section 1804. The Department of Motor Vehicles shall place the
38restriction in the person’s records in the Department of Motor
39Vehicles.

P89   1(b) The court shall include on the abstract of conviction or
2violation submitted to the Department of Motor Vehicles under
3Section 1803 or 1816 the requirement and term for the use of a
4begin insert functioning,end insert certified ignition interlock device. The records of the
5department shall reflect mandatory use of the device for the term
6ordered by the court.

7(c) The court shall advise the person that installation of an
8ignition interlock device on a vehicle does not allow the person to
9drive without a valid driver’s license.

10(d) A person whose driving privilege is restricted by the court
11pursuant to this section shall arrange for each vehicle withbegin delete anend deletebegin insert a
12functioning, certifiedend insert
ignition interlock device to be serviced by
13the installer at least once every 60 days in order for the installer
14to recalibrate and monitor the operation of the device. The installer
15shall notify the court if the device is removed or indicates that the
16person has attempted to remove, bypass, or tamper with the device,
17or if the person failsbegin delete three or more timesend delete to comply with a
18requirement for the maintenance or calibration of the ignition
19interlock device. There is no obligation for the installer to notify
20the court if the person has complied with all of the requirements
21of this article.

22(e) The court shall monitor the installation and maintenance of
23begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device restriction
24ordered pursuant to subdivision (a) or (i). If a person fails to
25comply with the court order, the court shall give notice of the fact
26to the department pursuant to Section 40509.1.

27(f) Nothing in this section permits a person to drive without a
28valid driver’s license.

29(g) Pursuant to this section, an out-of-state resident who
30otherwise would qualify for an ignition interlock device restricted
31license in California shall be prohibited from operating a motor
32vehicle in California unless that vehicle is equipped with a
33begin delete functioningend deletebegin insert functioning, certifiedend insert ignition interlock device. An
34ignition interlock device is not required to be installed on any
35vehicle owned by the defendant that is not driven in California.

36(h) If a medical problem does not permit a person to breathe
37with sufficient strength to activate the device, that person shall
38only have the suspension option.

39(i) This section does not restrict a court from requiring
40installation ofbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device
P90   1and prohibiting operation of a motor vehicle unless that vehicle is
2equipped with a functioning, certified ignition interlock device for
3a person to whom subdivision (a) does not apply. The term of the
4restriction shall be determined by the court for a period not to
5exceed three years from the date of conviction. The court shall
6notify the Department of Motor Vehicles, as specified in
7subdivision (a) of Section 1803, of the terms of the restrictions in
8accordance with subdivision (a) of Section 1804. The Department
9of Motor Vehicles shall place the restriction in the person’s records
10in the Department of Motor Vehicles.

11(j) For the purposes of this section, “vehicle” does not include
12a motorcycle until the state certifies an ignition interlock device
13that can be installed on a motorcycle. Any person subject to an
14ignition interlock device restriction shall not operate a motorcycle
15for the duration of the ignition interlock device restriction period.

16(k) For the purposes of this section, “owned” means solely
17owned or owned in conjunction with another person or legal entity.
18For purposes of this section, “operates” includes operating a vehicle
19that is not owned by the person subject to this section.

20(l) For the purposes of this section, “bypass”begin delete includes, but is
21not limited to,end delete
begin insert meansend insert either of the following:

begin delete

22(1) A combination of failing or not taking the ignition interlock
23device rolling retest three consecutive times.

end delete
begin delete

24(2) An incidence of failing or not taking the ignition interlock
25device rolling retest, when not followed by an incidence of passing
26the ignition interlock rolling retest prior to turning off the vehicle’s
27engine.

end delete
begin insert

28
(1) Failure to take any random retest.

end insert
begin insert

29
(2) Failure to pass any random retest with a blood alcohol
30concentration not exceeding 0.03 percent, by weight of alcohol,
31in the person’s blood.

end insert
begin insert

32
(m) The department shall adopt regulations specifying the
33intervals between random retests.

end insert
begin insert

34
(n) For purposes of this section, “random retest” means a
35breath test performed by a certified ignition interlock device at
36random intervals after the initial engine startup breath test and
37while the vehicle’s motor is running.

end insert
begin delete

38(m)

end delete

39begin insert(o)end insert This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

P91   1
(p) This section shall remain in effect only until January 1, 2025,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2025, deletes or extends that date.

end insert
4begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 23575 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
5

begin insert23575.end insert  

(a) (1) In addition to any other law, the court may
6require that a person convicted of a first offense violation of
7Section 23152 or 23153 install a functioning, certified ignition
8interlock device on any vehicle that the person owns or operates
9and prohibit that person from operating a motor vehicle unless
10that vehicle is equipped with a functioning, certified ignition
11interlock device. The court shall give heightened consideration to
12applying this sanction to a first offense violator with 0.15 percent
13or more, by weight, of alcohol in his or her blood at arrest, or with
14two or more prior moving traffic violations, or to persons who
15refused the chemical tests at arrest. If the court orders the ignition
16interlock device restriction, the term shall be determined by the
17court for a period not to exceed three years from the date of
18conviction. The court shall notify the Department of Motor
19Vehicles, as specified in subdivision (a) of Section 1803, of the
20terms of the restrictions in accordance with subdivision (a) of
21Section 1804. The Department of Motor Vehicles shall place the
22restriction in the person’s records in the Department of Motor
23Vehicles.

24
(2) The court shall require a person convicted of a violation of
25Section 14601.2 to install a functioning, certified ignition interlock
26device on any vehicle that the person owns or operates and prohibit
27the person from operating a motor vehicle unless the vehicle is
28equipped with a functioning, certified ignition interlock device.
29The term of the restriction shall be determined by the court for a
30period not to exceed three years from the date of conviction. The
31court shall notify the Department of Motor Vehicles, as specified
32in subdivision (a) of Section 1803, of the terms of the restrictions
33in accordance with subdivision (a) of Section 1804. The
34Department of Motor Vehicles shall place the restriction in the
35person’s records in the Department of Motor Vehicles.

36
(b) The court shall include on the abstract of conviction or
37violation submitted to the Department of Motor Vehicles under
38Section 1803 or 1816 the requirement and term for the use of a
39functioning, certified ignition interlock device. The records of the
P92   1department shall reflect mandatory use of the device for the term
2ordered by the court.

3
(c) The court shall advise the person that installation of a
4functioning, certified ignition interlock device on a vehicle does
5not allow the person to drive without a valid driver’s license.

6
(d) A person whose driving privilege is restricted by the court
7pursuant to this section shall arrange for each vehicle with a
8functioning, certified ignition interlock device to be serviced by
9the installer at least once every 60 days in order for the installer
10to recalibrate and monitor the operation of the device. The installer
11shall notify the court if the device is removed or indicates that the
12person has attempted to remove, bypass, or tamper with the device,
13or if the person fails three or more times to comply with a
14requirement for the maintenance or calibration of the ignition
15interlock device. There is no obligation for the installer to notify
16the court if the person has complied with all of the requirements
17of this article.

18
(e) The court shall monitor the installation and maintenance of
19a functioning, certified ignition interlock device restriction ordered
20pursuant to subdivision (a) or (l). If a person fails to comply with
21the court order, the court shall give notice of the fact to the
22department pursuant to Section 40509.1.

23
(f) (1) If a person is convicted of a violation of Section 23152
24or 23153 and the offense occurred within 10 years of one or more
25separate violations of Section 23152 or 23153 that resulted in a
26conviction, or if a person is convicted of a violation of Section
2723103, as specified in Section 23103.5, and is suspended for one
28year under Section 13353.3, the person may apply to the
29Department of Motor Vehicles for a restricted driver’s license
30pursuant to Section 13352 or 13353.3 that prohibits the person
31from operating a motor vehicle unless that vehicle is equipped
32with a functioning, certified ignition interlock device, certified
33pursuant to Section 13386. The restriction shall remain in effect
34for at least the remaining period of the original suspension or
35revocation and until all reinstatement requirements in Section
3613352 or 13353.4 are met.

37
(2) Pursuant to subdivision (g), the Department of Motor
38Vehicles shall immediately terminate the restriction issued pursuant
39to Section 13352 or 13353.3 and shall immediately suspend or
40revoke the privilege to operate a motor vehicle of a person who
P93   1attempts to remove, bypass, or tamper with the device, who has
2the device removed prior to the termination date of the restriction,
3or who fails three or more times to comply with any requirement
4for the maintenance or calibration of the ignition interlock device
5ordered pursuant to Section 13352 or 13353.3. The privilege shall
6remain suspended or revoked for the remaining period of the
7originating suspension or revocation and until all reinstatement
8requirements in Section 13352 or 13353.4 are met.

9
(g) A person whose driving privilege is restricted by the
10Department of Motor Vehicles pursuant to Section 13352 or
1113353.3 shall arrange for each vehicle with a functioning, certified
12 ignition interlock device to be serviced by the installer at least
13once every 60 days in order for the installer to recalibrate the
14device and monitor the operation of the device. The installer shall
15notify the Department of Motor Vehicles if the device is removed
16or indicates that the person has attempted to remove, bypass, or
17tamper with the device, or if the person fails three or more times
18to comply with any requirement for the maintenance or calibration
19of the ignition interlock device. There is no obligation on the part
20of the installer to notify the department or the court if the person
21has complied with all of the requirements of this section.

22
(h) Nothing in this section permits a person to drive without a
23valid driver’s license.

24
(i) The Department of Motor Vehicles shall include information
25along with the order of suspension or revocation for repeat
26offenders informing them that after a specified period of suspension
27or revocation has been completed, the person may either install a
28functioning, certified ignition interlock device on any vehicle that
29the person owns or operates or remain with a suspended or revoked
30driver’s license.

31
(j) Pursuant to this section, an out-of-state resident who
32otherwise would qualify for a functioning, certified ignition
33interlock device restricted license in California shall be prohibited
34from operating a motor vehicle in California unless that vehicle
35is equipped with a functioning, certified ignition interlock device.
36An ignition interlock device is not required to be installed on any
37vehicle owned by the defendant that is not driven in California.

38
(k) If a medical problem does not permit a person to breathe
39with sufficient strength to activate the device, that person shall
40only have the suspension option.

P94   1
(l) This section does not restrict a court from requiring
2installation of a functioning, certified ignition interlock device and
3prohibiting operation of a motor vehicle unless that vehicle is
4equipped with a functioning, certified ignition interlock device for
5a person to whom subdivision (a) or (b) does not apply. The term
6of the restriction shall be determined by the court for a period not
7to exceed three years from the date of conviction. The court shall
8notify the Department of Motor Vehicles, as specified in subdivision
9(a) of Section 1803, of the terms of the restrictions in accordance
10with subdivision (a) of Section 1804. The Department of Motor
11Vehicles shall place the restriction in the person’s records in the
12Department of Motor Vehicles.

13
(m) 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. Any person subject to an
16ignition interlock device restriction shall not operate a motorcycle
17for the duration of the ignition interlock device restriction period.

18
(n) For the purposes of this section, “owned” means solely
19owned or owned in conjunction with another person or legal entity.
20For purposes of this section, “operates” includes operating a
21vehicle that is not owned by the person subject to this section.

22
(o) For the purposes of this section, “bypass” includes, but is
23not limited to, either of the following:

24
(1) A combination of failing or not taking the ignition interlock
25device rolling retest three consecutive times.

26
(2) An incidence of failing or not taking the ignition interlock
27device rolling retest, when not followed by an incidence of passing
28the ignition interlock rolling retest prior to turning off the vehicle’s
29engine.

30
(p) This section shall become operative January 1, 2025.

end insert
31

begin deleteSEC. 23.end delete
32
begin insertSEC. 36.end insert  

Section 23575.3 is added to the Vehicle Code, to
33read:

34

23575.3.  

(a) In addition to any other requirement imposed by
35law, a court shall notify a person convicted of a violation listed in
36subdivision (h) that he or she is required to install abegin insert functioning,end insert
37 certified ignition interlock device on any vehicle that the person
38owns or operates and that he or she is prohibited from operating
39a motor vehicle unless that vehicle is equipped with a functioning,
40certified ignition interlock device in accordance with this section.

P95   1(b) The Department of Motor Vehicles, upon receipt of the
2court’s abstract of conviction for a violation listed in subdivision
3(h), shall inform the convicted person of the requirements of this
4section, including the term for which the person is required to have
5a certified ignition interlock device installed. The records of the
6department shall reflect the mandatory use of the device for the
7term required and the time when the device is required to be
8installed by this code.

9(c) The department shall advise the person that installation of
10begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device on a vehicle
11does not allow the person to drive without a valid driver’s license.

12(d) (1) A person who is notified by the department pursuant to
13subdivision (b) shall do all of the following:

14(A) Arrange for each vehicle owned or operated by the person
15to be equipped with abegin delete functioningend deletebegin insert functioning, certifiedend insert ignition
16interlock device by a certified ignition interlock device provider
17under Section 13386.

18(B) Provide to the department proof of installation by submitting
19the “Verification of Installation” form described in paragraph (2)
20of subdivision (g) of Section 13386.

21(C) Pay a fee, determined by the department, that is sufficient
22to cover the costs of administration of this section.

23(2) A person who is notified by the department pursuant to
24subdivision (b), is exempt from the requirements of this subdivision
25until the time he or she purchases or has access to a vehicle if,
26within 30 days of the notification, the person certifies to the
27department all of the following:

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

29(B) The person does not have access to a vehicle at his or her
30residence.

31(C) The person no longer has access to the vehicle he or she
32was driving at the time he or she was arrested for a violation that
33subsequently resulted in a conviction for a violation listed in
34subdivision (h).

35(D) The person acknowledges that he or she is only allowed to
36drive a vehicle that is equipped with abegin delete functioningend deletebegin insert functioning,
37certifiedend insert
ignition interlock device.

38(E) The person acknowledges that he or she is required to have
39a valid driver’s license before he or she can drive.

P96   1(F) The person acknowledges that he or she is subject to the
2requirements of this section when he or she purchases or has access
3to a vehicle.

4(e) In addition to any other restrictions the department places
5on the driver’s license record of the convicted person when the
6person is issued a restricted driver’s license pursuant to Section
713352 or 13352.4, the department shall place a restriction on the
8driver’s license record of the person that states the driver is
9restricted to driving only vehicles equipped with abegin insert functioning,end insert
10 certified ignition interlock device for the applicable term.

11(f) (1) A person who is notified by the department pursuant to
12subdivision (b) shall arrange for each vehicle withbegin delete anend deletebegin insert a functioning,
13certifiedend insert
ignition interlock device to be serviced by the installer at
14least once every 60 days in order for the installer to recalibrate and
15monitor the operation of the device.

16(2) The installer shall notify the department if the device is
17removed or indicates that the person has attempted to remove,
18bypass, or tamper with the device, or if the person fails three or
19more times to comply with any requirement for the maintenance
20or calibration of the ignition interlock device.

21(g) The department shall monitor the installation and
22maintenance of the ignition interlock device installed pursuant to
23subdivision (d).

24(h) A person is required to installbegin delete anend deletebegin insert a functioning, certifiedend insert
25 ignition interlock device pursuant to this section for the applicable
26term, as follows:

27(1) A person convicted of a violation of subdivision (a), (b),
28(d), or (f) of Section 23152 shall be required to installbegin delete anend deletebegin insert a
29functioning, certifiedend insert
ignition interlock device, as follows:

30(A) Upon a conviction with no priors, the person shall install
31begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in all vehicles
32owned or operated by that person for a mandatory term of six
33months.

34(B) Upon a conviction with one prior, the person shall install
35begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in all vehicles
36owned or operated by that person for a mandatory term of 12
37months.

38(C) Upon a conviction with two priors, the person shall install
39begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in all vehicles
P97   1owned or operated by that person for a mandatory term of 24
2months.

3(D) Upon a conviction with three or more priors, the person
4shall installbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in
5all vehicles owned or operated by that person for a mandatory term
6of 36 months.

7(2) A person convicted of a violation of subdivision (a), (b),
8(d), or (f) of Section 23153 shall installbegin delete anend deletebegin insert a functioning, certifiedend insert
9 ignition interlock device, as follows:

10(A) Upon a conviction with no priors, the person shall install
11begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in all vehicles
12owned or operated by that person for a mandatory term of 12
13months.

14(B) Upon a conviction with one prior, the person shall install
15begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in all vehicles
16owned or operated by that person for a mandatory term of 24
17months.

18(C) Upon a conviction with two priors, the person shall install
19begin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in all vehicles
20owned or operated by that person for a mandatory term of 36
21months.

22(D) Upon a conviction with three or more priors, the person
23shall installbegin delete anend deletebegin insert a functioning, certifiedend insert ignition interlock device in
24all vehicles owned or operated by that person for a mandatory term
25of 48 months.

26(3) For the purposes of paragraphs (1) and (2), “prior” means
27a conviction for a violation of Section 23103, as specified in
28Section 23103.5, or Section 23140, 23152, or 23153, or Section
29191.5 or subdivision (a) of Section 192.5 of the Penal Code.

30(4) The terms prescribed in this subdivision shall begin once a
31person has complied with subparagraph (B) of paragraph (1) of
32subdivision (d) and either upon the reinstatement of the privilege
33to drive pursuant to Section 13352 or the issuance of a restricted
34driver’s license pursuant to Section 13352 or 13352.4. A person
35shall receive credit for any period in which he or she had a
36restricted driver’s license issued pursuant to Section 13353.3 or
3713353.7 and he or she was in compliance with Section 13353.6.

38(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to
39this section.

P98   1(j) If a person fails to comply with any of the requirements
2regarding ignition interlock devices, the period in which the person
3was not in compliance shall not be credited towards the mandatory
4term for which the ignition interlock device is required to be
5installed.

6(k) (1) Every manufacturer and manufacturer’s agent certified
7by the department to provide ignition interlock devices, under
8Section 13386, shall adopt the following fee schedule that provides
9for the payment of the costs of thebegin insert certifiedend insert ignition interlock
10device by offenders subject to this chapter in amounts
11commensurate with that person’s income relative to the federal
12 poverty level, as defined in Section 127400 of the Health and
13Safety Code:

14(A) A person with an income at 100 percent of the federal
15poverty levelbegin delete and belowend deletebegin insert or below and who provides income
16verification pursuant to paragraph (2)end insert
is responsible for 10 percent
17of the cost of thebegin delete ignition interlock device. The ignition interlock
18device provider is responsible for absorbing the cost of the ignition
19interlock device that is not paid by the person.end delete
begin insert manufacturer’s
20standard ignition interlock device program costs, and any
21additional costs accrued by the person for noncompliance with
22program requirements.end insert

23(B) A person with an income at 101 to 200 percent of the federal
24poverty levelbegin insert and who provides income verification pursuant to
25paragraph (2)end insert
is responsible for 25 percent of the cost of the
26
begin delete ignition interlock device. The ignition interlock device provider
27is responsible for absorbing the cost of the ignition interlock device
28that is not paid by the person.end delete
begin insert manufacturer’s standard ignition
29interlock device program costs, and any additional costs accrued
30by the person for noncompliance with program requirements.end insert

31(C) A person with an income at 201 to 300 percent of the federal
32poverty levelbegin insert and who provides income verification pursuant to
33paragraph (2)end insert
is responsible for 50 percent of the cost of the begin delete34 ignition interlock device. The ignition interlock device provider
35is responsible for absorbing the cost of the ignition interlock device
36that is not paid by the person.end delete
begin insert manufacturer’s standard ignition
37interlock device program costs, and any additional costs accrued
38by the person for noncompliance with program requirements.end insert

begin insert

39
(D) A person who is receiving CalFresh benefits and who
40provides proof of those benefits to the manufacturer or
P99   1manufacturer’s agent or authorized installer is responsible for 50
2percent of the cost of the manufacturer’s standard ignition interlock
3device program costs, and any additional costs accrued by the
4person for noncompliance with program requirements.

end insert
begin delete

5(D)

end delete

6begin insert(E)end insert A person with an income at 301 to 400 percent of the federal
7poverty levelbegin insert and who provides income verification pursuant to
8paragraph (2)end insert
is responsible for 90 percent of the cost of the
9
begin delete ignition interlock device. The ignition interlock device provider
10is responsible for absorbing the cost of the ignition interlock device
11that is not paid by the person.end delete
begin insert manufacturer’s standard ignition
12interlock device program costs, and any additional costs accrued
13by the person for noncompliance with program requirements.end insert

begin delete

14(E)

end delete

15begin insert(F)end insert All other offenders are responsible for 100 percent of the
16cost of the ignition interlock device.

begin insert

17
(G) The manufacturer is responsible for the percentage of costs
18that the offender is not responsible for pursuant to subparagraphs
19(A) through (E), inclusive.

end insert
begin delete

20(2) The cost of the ignition interlock device may only be raised
21annually equal to the Consumer Price Index.

end delete
begin delete

22(3)

end delete

23begin insert(2)end insert The ignition interlock device provider shall verify the
24offender’s income to determine the cost of the ignition interlock
25device pursuant to this subdivision by verifyingbegin delete eitherend deletebegin insert oneend insert of the
26following documents from the offender:

27(A) begin deleteCurrent end deletebegin insertThe previous year’s end insertfederal income tax return.

28(B)  begin deleteThree end delete begin insertThe previous three end insertmonths ofbegin insert weekly orend insert monthly
29income statements.

begin insert

30
(C) Employment Development Department verification of
31unemployment benefits.

end insert
begin insert

32
(l) The Department of Consumer Affairs may impose a civil
33assessment not to exceed one thousand dollars ($1,000) upon a
34manufacturer or manufacturer’s agent certified to provide ignition
35interlock devices who fails to inform an offender subject to this
36chapter of the provisions of subdivision (k), or who fails to comply
37with the provisions of subdivision (k).

end insert
begin delete

38(l)

end delete

39begin insert(m)end insert This section does not permit a person to drive without a
40valid driver’s license.

begin delete

P100  1(m)

end delete

2begin insert(n)end insert The requirements of this section are in addition to any other
3requirements of law.

begin delete

4(n)

end delete

5begin insert(o)end insert For the purposes of this section, “vehicle” does not include
6a motorcycle until the state certifies an ignition interlock device
7that can be installed on a motorcycle. A person subject to an
8ignition interlock device restriction shall not operate a motorcycle
9for the duration of the ignition interlock device restriction period.

begin delete

10(o)

end delete

11begin insert(p)end insert This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

12
(q) This section shall remain in effect only until January 1, 2025,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2025, deletes or extends that date.

end insert
15

begin deleteSEC. 24.end delete
16
begin insertSEC. 37.end insert  

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

18

23575.5.  

(a) On or beforebegin delete June 1, 2021, the Department of
19Motor Vehiclesend delete
begin insert January 1, 2024, the Legislative Analyst’s Office end insert
20 shall report to the Legislature regarding the implementation and
21efficacy of the program enacted by the act that added this section.

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

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

28(2) Whether anyone who was required to havebegin delete anend deletebegin insert a functioning,
29certifiedend insert
ignition interlock device installed as a result of the
30program was convicted of an alcohol-related violation of Section
3123103, as specified in Section 23103.5, or Section 23140, 23152,
32or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of
33the Penal Code during the term in which the person was required
34to have the ignition interlock device installed.

35(3) A comparison of the number of injuries and deaths resulting
36from alcohol-related motor vehicle accidents between July 1,begin delete 2017,end delete
37begin insert 2018,end insert and January 1,begin delete 2021,end deletebegin insert 2023,end insert inclusive, and during periods of
38similar duration prior to the implementation of the program.

39(4) A comparison of the number of individuals who have been
40convicted more than one time for driving under the influence of
P101  1alcohol between July 1,begin delete 2017,end deletebegin insert 2018,end insert and January 1,begin delete 2021,end deletebegin insert 2023,end insert
2 inclusive, and periods of similar duration prior to the
3implementation of the program.

begin insert

4
(5) The effectiveness of the statewide ignition interlock device
5requirement in reducing recidivism for driving-under-the-influence
6violations.

end insert
begin insert

7
(c) The Legislative Analyst’s Office is authorized to collect
8information for this report from state and local government
9agencies.

end insert
begin delete

10(c)

end delete

11begin insert(d)end insert The report described in subdivision (a) shall be submitted
12in compliance with Section 9795 of the Government Code.

begin delete

13(d)

end delete

14begin insert(e)end insert (1) This section shall become operative on July 1,begin delete 2017.end delete
15
begin insert 2018.end insert

16(2) begin deletePursuant to Section 10231.5 of the Government Code, this
17section shall become inoperative on June 1, 2025, and, as of end delete
begin insertThis
18 section is repealed as of end insert
January 1,begin delete 2026, is repealed,end deletebegin insert 2029,end insert unless
19a later enacted statute, that becomes operative on or before January
201,begin delete 2026,end deletebegin insert 2029,end insert deletes or extends the dates on which it becomes
21inoperative and is repealed.

22

begin deleteSEC. 25.end delete
23
begin insertSEC. 38.end insert  

Section 23576 of the Vehicle Code is amended to
24read:

25

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
26person is required to operate a motor vehicle in the course and
27scope of his or her employment and if the vehicle is owned by the
28employer, the person may operate that vehicle without installation
29ofbegin delete an approvedend deletebegin insert a functioning, certifiedend insert ignition interlock device if
30the employer has been notified by the person that the person’s
31driving privilege has been restricted pursuant to Section 23575 or
3223700 and if the person has proof of that notification in his or her
33possession, or if the notice, or a facsimile copy thereof, is with the
34 vehicle.

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

39(c) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
40 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
P102  1statute, that becomes operative on or before January 1,begin delete 2017,end deletebegin insert 2019end insertbegin insert,end insert
2 deletes or extends the dates on which it becomes inoperative and
3is repealed.

4

begin deleteSEC. 26.end delete
5
begin insertSEC. 39.end insert  

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

6

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
723700, if a person is required to operate a motor vehicle in the
8course and scope of his or her employment and if the vehicle is
9owned by the employer, the person may operate that vehicle
10without installation ofbegin delete anend deletebegin insert a functioning, certifiedend insert approved ignition
11interlock device if the employer has been notified by the person
12that the person’s driving privilege has been restricted pursuant to
13Section 23575, 23575.3, or 23700 and if the person has proof of
14that notification in his or her possession, or if the notice, or a
15facsimile copy thereof, is with the vehicle.

16(b) A motor vehicle owned by a business entity that is all or
17partly owned or controlled by a person otherwise subject to Section
1823575, 23575.3, or 23700, is not a motor vehicle owned by the
19employer subject to the exemption in subdivision (a).

20(c) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

21
(d) This section shall remain in effect only until January 1, 2025,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2025, deletes or extends that date.

end insert
24begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 23576 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
25

begin insert23576.end insert  

(a) Notwithstanding Sections 23575 and 23700, if a
26person is required to operate a motor vehicle in the course and
27scope of his or her employment and if the vehicle is owned by the
28employer, the person may operate that vehicle without installation
29of a functioning, certified ignition interlock device if the employer
30has been notified by the person that the person’s driving privilege
31has been restricted pursuant to Section 23575 or 23700 and if the
32person has proof of that notification in his or her possession, or
33if the notice, or a facsimile copy thereof, is with the vehicle.

34
(b) A motor vehicle owned by a business entity that is all or
35partly owned or controlled by a person otherwise subject to Section
3623575 or 23700 is not a motor vehicle owned by the employer
37subject to the exemption in subdivision (a).

38
(c) This section shall become operative January 1, 2025.

end insert
P103  1

begin deleteSEC. 27.end delete
2
begin insertSEC. 41.end insert  

Section 23597 of the Vehicle Code is amended to
3read:

4

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
513352, a court may order a 10-year revocation of the driver’s
6license of a person who has been convicted of three or more
7separate violations of Section 23152 or 23153, the last of which
8is punishable under Section 23546, 23550, 23550.5, or 23566.
9When making this order, the court shall consider all of the
10following:

11(1) The person’s level of remorse for the acts.

12(2) The period of time that has elapsed since the person’s
13previous convictions.

14(3) The person’s blood-alcohol level at the time of the violation.

15(4) The person’s participation in an alcohol treatment program.

16(5) The person’s risk to traffic or public safety.

17(6) The person’s ability to install abegin insert functioning,end insert certified ignition
18interlock device in each motor vehicle that he or she owns or
19operates.

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

25(c) (1) Five years from the date of the last conviction of a
26violation of Section 23152 or 23153, a person whose license was
27revoked pursuant to subdivision (a) may apply to the department
28to have his or her privilege to operate a motor vehicle reinstated,
29subject to the condition that the person submits the “Verification
30of Installation” form described in paragraph (2) of subdivision (g)
31of Section 13386 and agrees to maintainbegin delete theend deletebegin insert a functioning, certifiedend insert
32 ignition interlock device as required under subdivision (g) of
33Section 23575. Notwithstanding Chapter 5 (commencing with
34Section 23700) or subdivision (f) of Section 23575, the ignition
35interlock device shall remain on the person’s motor vehicle for
36 two years following the reinstatement of the person’s driving
37privilege pursuant to this section.

38(2) The department shall reinstate the person’s license pursuant
39to paragraph (1), if the person satisfies all of the following
40conditions:

P104  1(A) The person was not convicted of any drug- or alcohol-related
2offenses, under state law, during the driver’s license revocation
3period.

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

8(C) The person was not convicted of violating Section 14601,
914601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
10revocation period.

11(3) The department shall immediately terminate the restriction
12issued pursuant to this section and shall immediately revoke the
13privilege to operate a motor vehicle of a person who attempts to
14remove, bypass, or tamper with the device, who has the device
15removed prior to the termination date of the restriction, or who
16fails three or more times to comply with any requirement for the
17maintenance or calibration of the ignition interlock device. The
18privilege shall remain revoked for the remaining period of the
19original revocation and until all reinstatement requirements are
20met.

21(d) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2018,end insert
22 and, as of January 1,begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert is repealed, unless a later enacted
23statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2019,end insert
24 deletes or extends the dates on which it becomes inoperative and
25is repealed.

26

begin deleteSEC. 28.end delete
27
begin insertSEC. 42.end insert  

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

28

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
2913352, a court may order a 10-year revocation of the driver’s
30license of a person who has been convicted of three or more
31separate violations of Section 23152 or 23153, the last of which
32is punishable under Section 23546, 23550, 23550.5, or 23566.
33When making this order, the court shall consider all of the
34following:

35(1) The person’s level of remorse for the acts.

36(2) The period of time that has elapsed since the person’s
37previous convictions.

38(3) The person’s blood-alcohol level at the time of the violation.

39(4) The person’s participation in an alcohol treatment program.

40(5) The person’s risk to traffic or public safety.

P105  1(6) The person’s ability to install abegin insert functioning,end insert certified ignition
2interlock device in each motor vehicle that he or she owns or
3operates.

4(b) Upon receipt of a duly certified abstract of the record of the
5court showing the court has ordered a 10-year revocation of a
6driver’s license pursuant to this section, the department shall revoke
7the person’s driver’s license for 10 years, except as provided in
8subdivision (c).

9(c) (1) Five years from the date of the last conviction of a
10violation of Section 23152 or 23153, a person whose license was
11revoked pursuant to subdivision (a) may apply to the department
12to have his or her privilege to operate a motor vehicle reinstated,
13subject to the condition that the person submits the “Verification
14of Installation” form described in paragraph (2) of subdivision (g)
15of Section 13386 and agrees to maintainbegin delete theend deletebegin insert a functioning, certifiedend insert
16 ignition interlock device as required under subdivision (f) of
17Section 23575.3. Notwithstanding Chapter 5 (commencing with
18Section 23700) or Section 23575.3, the ignition interlock device
19shall remain on the person’s motor vehicle for two years following
20the reinstatement of the person’s driving privilege pursuant to this
21section.

22(2) The department shall reinstate the person’s license pursuant
23to paragraph (1), if the person satisfies all of the following
24conditions:

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

28(B) The person successfully completed a
29driving-under-the-influence program, licensed pursuant to Section
3011836 of the Health and Safety Code, following the date of the
31last conviction of a violation of Section 23152 or 23153 of this
32code.

33(C) The person was not convicted of violating Section 14601,
3414601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
35revocation period.

36(3) The department shall immediatelybegin delete terminate the restriction
37issued pursuant to this section and shall immediatelyend delete
revoke the
38privilege to operate a motor vehicle of a person who attempts to
39remove, bypass, or tamper with the device, who has the device
40removed prior to the termination date of the restriction, or who
P106  1failsbegin delete three or more timesend delete to comply with any requirement for the
2maintenance or calibration of the ignition interlock device. The
3privilege shall remain revoked for the remaining period of the
4original revocation and until all reinstatement requirements are
5
begin delete met.end deletebegin insert met, provided, however, that if the person provides proof to
6the satisfaction of the department that the person is in compliance
7with the restriction issued pursuant to this section, the department
8may, in its discretion, restore the privilege to operate a motor
9vehicle and reimpose the remaining term of the restriction.end insert

10(d) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2018.end insert

begin insert

11
(e) This section shall remain in effect only until January 1, 2025,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2025, deletes or extends that date.

end insert
14begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 23597 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
15

begin insert23597.end insert  

(a) Notwithstanding Sections 13202.5, 13203, and
1613352, a court may order a 10-year revocation of the driver’s
17license of a person who has been convicted of three or more
18separate violations of Section 23152 or 23153, the last of which
19is punishable under Section 23546, 23550, 23550.5, or 23566.
20When making this order, the court shall consider all of the
21following:

22
(1) The person’s level of remorse for the acts.

23
(2) The period of time that has elapsed since the person’s
24previous convictions.

25
(3) The person’s blood-alcohol level at the time of the violation.

26
(4) The person’s participation in an alcohol treatment program.

27
(5) The person’s risk to traffic or public safety.

28
(6) The person’s ability to install a certified ignition interlock
29device in each motor vehicle that he or she owns or operates.

30
(b) Upon receipt of a duly certified abstract of the record of the
31court showing the court has ordered a 10-year revocation of a
32driver’s license pursuant to this section, the department shall
33revoke the person’s driver’s license for 10 years, except as
34provided in subdivision (c).

35
(c) (1) Five years from the date of the last conviction of a
36violation of Section 23152 or 23153, a person whose license was
37revoked pursuant to subdivision (a) may apply to the department
38to have his or her privilege to operate a motor vehicle reinstated,
39subject to the condition that the person submits the “Verification
40of Installation” form described in paragraph (2) of subdivision
P107  1(g) of Section 13386 and agrees to maintain the ignition interlock
2device as required under subdivision (g) of Section 23575.
3Notwithstanding Chapter 5 (commencing with Section 23700) or
4subdivision (f) of Section 23575, the ignition interlock device shall
5remain on the person’s motor vehicle for two years following the
6reinstatement of the person’s driving privilege pursuant to this
7section.

8
(2) The department shall reinstate the person’s license pursuant
9to paragraph (1), if the person satisfies all of the following
10conditions:

11
(A) The person was not convicted of any drug- or alcohol-related
12offenses, under state law, during the driver’s license revocation
13period.

14
(B) The person successfully completed a
15driving-under-the-influence program, licensed pursuant to Section
1611836 of the Health and Safety Code, following the date of the last
17conviction of a violation of Section 23152 or 23153.

18
(C) The person was not convicted of violating Section 14601,
1914601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
20revocation period.

21
(3) The department shall immediately terminate the restriction
22issued pursuant to this section and shall immediately revoke the
23privilege to operate a motor vehicle of a person who attempts to
24remove, bypass, or tamper with the device, who has the device
25removed prior to the termination date of the restriction, or who
26fails three or more times to comply with any requirement for the
27maintenance or calibration of the ignition interlock device. The
28privilege shall remain revoked for the remaining period of the
29original revocation and until all reinstatement requirements are
30met.

31
(d) This section shall become operative January 1, 2025.

end insert
32begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 23702 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
33read:end insert

34

23702.  

This chapter shall become inoperative on July 1,begin delete 2017,end delete
35begin insert 2018,end insert and, as of January 1,begin delete 2018,end deletebegin insert 201end insertbegin insert9,end insert is repealed, unless a later
36enacted statute, that becomes operative on or before January 1,
37begin delete 2018,end deletebegin insert 2019end insertbegin insert,end insert deletes or extends the dates on which it becomes
38inoperative and is repealed.

P108  1

begin deleteSEC. 29.end delete
2
begin insertSEC. 45.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

    95