Amended in Assembly August 15, 2016

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,begin insert Gonzalez,end insert Lackey, Levine, Lopez, Maienschein, Rodriguez, Santiago, and Waldron)

February 12, 2016


An act to amend Sections 9807,begin delete 9841,end delete 9848, and 9882.14 of the Business and Professions Code, and to amend Section 23702 of, to amend, repeal, and add Sections 13352, 13352.4, 13353.3, 13353.4, 13353.5, 13386, 23103.5, 23247, 23573, 23575, 23576, and 23597 of, and to add and repeal Sections 13353.6, 13353.75, 13390, 23575.3, and 23575.5 of, the Vehicle Code, relating to ignition interlock devices.

LEGISLATIVE COUNSEL’S DIGEST

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

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

Existing law also requires the department to immediately suspend or revoke a person’s privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the elapse 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. Under existing law, the amount of time the ignition interlock device is required to be installed is based upon the number of prior convictions suffered by the individual, as prescribed.

This bill would extend the pilot program in those counties until July 1, 2018. Effective July 1, 2018, and until January 1, 2025, the bill would make an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted driver’s license eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.

The bill would also require, commencing July 1, 2018, and until January 1, 2025, a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time an ignition interlock device onbegin delete all vehiclesend deletebegin insert the vehicle, as ordered by the court, that is the vehicleend insert that he or she owns or operates. The bill would, commencing July 1, 2018, and until January 1, 2025, also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted driver’s license without completing a period of license suspension or revocation. The bill would require the department to, if a person maintains an ignition interlock device for the specified required time, reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied. The bill would, commencing July 1, 2018, and until January 1, 2025, authorize a court to require a person convicted of a specified type of reckless driving to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a specified period of time. The bill would require the Legislative Analyst’s Office to issue a report to the Legislature bybegin delete Juneend deletebegin insert Januaryend insert 1, 2024, regarding the implementation and efficacy of these provisions.

The bill would also make conforming and clarifying changes.

By specifying that certain crimes relating to ignition interlock devices apply when an ignition interlock device is installed pursuant to the provisions of this bill, this bill would impose a state-mandated local program.

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

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

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

The 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.

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 monitor certified
7ignition interlock devices.

8(b) (1) The director may issue a citation to, or suspend, revoke,
9or place on probation the registration of, 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.

begin delete
20

SEC. 2.  

Section 9841 of the Business and Professions Code is
21amended to read:

22

9841.  

(a) The director may issue a citation, or 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.

34(3) Any other conduct that constitutes fraud or dishonest dealing.

35(4) Conduct constituting incompetence or negligence.

P6    1(5) Failure to comply with the provisions of this chapter or any
2regulation, rule, or standard established pursuant to this chapter.

3(6) Any willful departure from or disregard of accepted trade
4standards for good and workmanlike installation or repair.

5(7) Conviction of a crime that has a substantial relationship to
6the qualifications, functions and duties of a registrant under this
7chapter, in which event the record of the conviction shall be
8conclusive evidence thereof.

9(8) A violation of any order of the bureau made pursuant to this
10chapter.

11(b) The director may also deny, or may suspend, revoke, or
12place on probation, the registration of a service dealer if the
13applicant or registrant, as the case may be, has committed acts or
14crimes constituting grounds for denial of licensure under Section
15480.

16(c) The director may also deny, or may suspend, revoke, or
17place on probation, the registration of a service dealer if the
18applicant or registrant, as the case may be, will be or is holding
19the registration for the benefit of a former registrant whose
20registration has been suspended or revoked and who will continue
21to have some involvement in the applicant’s or new registrant’s
22business.

end delete
23

begin deleteSEC. 3.end delete
24
begin insertSEC. 2.end insert  

Section 9848 of the Business and Professions Code is
25amended to read:

26

9848.  

All proceedings to contest a citation or to deny
27registration or suspend, revoke, or place on probation a registration
28shall be conducted pursuant to Chapter 5 (commencing with
29Section 11500) of Part 1 of Division 3 of Title 2 of the Government
30Code.

31

begin deleteSEC. 4.end delete
32
begin insertSEC. 3.end insert  

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

34

9882.14.  

(a) The bureau shall cooperate with the Office of
35Traffic Safety and adopt standards for the installation, maintenance,
36and servicing of certified ignition interlock devices by automotive
37repair dealers.

38(b) The manufacturers of certified ignition interlock devices
39shall comply with standards established by the bureau for the
40installation of those ignition interlock devices.

P7    1(c) The bureau may charge manufacturers of certified interlock
2ignition devices a fee to recover the cost of monitoring installation
3standards.

4(d) (1) The director may issue a citation to, or suspend or revoke
5the registration of, an automotive repair dealer who installs,
6maintains, and services ignition interlock devices if the automotive
7repair dealer is not in compliance with subdivision (k) of Section
823575.3 of the Vehicle Code.

9(2) An automotive repair dealer shall provide to an individual
10receiving ignition interlock device services the information
11provided in subdivision (k) of Section 23575.3 of the Vehicle Code
12along with the contact telephone number of the bureau.

13

begin deleteSEC. 5.end delete
14
begin insertSEC. 4.end insert  

Section 13352 of the Vehicle Code is amended to read:

15

13352.  

(a) The department shall immediately suspend or
16revoke the privilege of a person to operate a motor vehicle upon
17the receipt of an abstract of the record of a court showing that the
18person has been convicted of a violation of Section 23152 or 23153,
19subdivision (a) of Section 23109, or Section 23109.1, or upon the
20receipt of a report of a judge of the juvenile court, a juvenile traffic
21hearing officer, or a referee of a juvenile court showing that the
22person has been found to have committed a violation of Section
2323152 or 23153, subdivision (a) of Section 23109, or Section
2423109.1. If an offense specified in this section occurs in a vehicle
25defined in Section 15210, the suspension or revocation specified
26in this subdivision also applies to the noncommercial driving
27privilege. The commercial driving privilege shall be disqualified
28 as specified in Sections 15300 to 15302, inclusive. For the purposes
29of this section, suspension or revocation shall be as follows:

30(1) Except as required under Section 13352.1 or 13352.4, upon
31a conviction or finding of a violation of Section 23152 punishable
32under Section 23536, the privilege shall be suspended for a period
33of six months. The privilege shall not be reinstated until the person
34gives proof of financial responsibility and gives proof satisfactory
35to the department of successful completion of a
36driving-under-the-influence program licensed pursuant to Section
3711836 of the Health and Safety Code described in subdivision (b)
38of Section 23538 of this code. If the court, as authorized under
39paragraph (3) of subdivision (b) of Section 23646, elects to order
40a person to enroll in, participate in, and complete either program
P8    1described in subdivision (b) of Section 23542, the department shall
2require that program in lieu of the program described in subdivision
3(b) of Section 23538. For the purposes of this paragraph, enrollment
4in, participation in, and completion of an approved program shall
5occur subsequent to the date of the current violation. Credit shall
6not be given to any program activities completed prior to the date
7of the current violation.

8(2) Upon a conviction or finding of a violation of Section 23153
9punishable under Section 23554, the privilege shall be suspended
10for a period of one year. The privilege shall not be reinstated until
11the person gives proof of financial responsibility and gives proof
12satisfactory to the department of successful completion of a
13driving-under-the-influence program licensed pursuant to Section
1411836 of the Health and Safety Code as described in subdivision
15(b) of Section 23556 of this code. If the court, as authorized under
16paragraph (3) of subdivision (b) of Section 23646, elects to order
17a person to enroll in, participate in, and complete either program
18described in subdivision (b) of Section 23542, the department shall
19require that program in lieu of the program described in Section
2023556. For the purposes of this paragraph, enrollment,
21participation, and completion of an approved program shall occur
22subsequent to the date of the current violation. Credit shall not be
23given to any program activities completed prior to the date of the
24current violation.

25(3) Except as provided in Section 13352.5, upon a conviction
26or finding of a violation of Section 23152 punishable under Section
2723540, the privilege shall be suspended for two years. The privilege
28shall not be reinstated until the person gives proof of financial
29responsibility and gives proof satisfactory to the department of
30successful completion of a driving-under-the-influence program
31licensed pursuant to Section 11836 of the Health and Safety Code
32as described in subdivision (b) of Section 23542 of this code. For
33 the purposes of this paragraph, enrollment in, participation in, and
34completion of an approved program shall be subsequent to the date
35of the current violation. Credit shall not be given to any program
36activities completed prior to the date of the current violation. The
37department shall advise the person that he or she may apply to the
38department for a restriction of the driving privilege if the person
39meets all of the following requirements:

P9    1(A) Completion of 12 months of the suspension period, or
2completion of 90 days of the suspension period if the underlying
3conviction did not include the use of drugs as defined in Section
4312 and the person was found to be only under the influence of an
5alcoholic beverage at the time of the violation.

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

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

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

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

20(D) The person submits the “Verification of Installation” form
21described in paragraph (2) of subdivision (g) of Section 13386.

22(E) The person agrees to maintain the functioning, certified
23ignition interlock device as required under subdivision (g) of
24Section 23575.

25(F) The person provides proof of financial responsibility, as
26defined in Section 16430.

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

29(H) The person pays to the department a fee sufficient to cover
30the costs of administration of this paragraph, as determined by the
31department.

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

34(4) Except as provided in this paragraph, upon a conviction or
35finding of a violation of Section 23153 punishable under Section
3623560, the privilege shall be revoked for a period of three years.
37The privilege may not be reinstated until the person gives proof
38of financial responsibility, and the person gives proof satisfactory
39to the department of successful completion of a
40driving-under-the-influence program licensed pursuant to Section
P10   111836 of the Health and Safety Code, as described in paragraph
2(4) of subdivision (b) of Section 23562 of this code. For the
3purposes of this paragraph, enrollment in, participation in, and
4completion of an approved program shall occur subsequent to the
5date of the current violation. Credit shall not be given to any
6program activities completed prior to the date of the current
7violation. The department shall advise the person that after the
8completion of 12 months of the revocation period, which may
9include credit for a suspension period served under subdivision
10(c) of Section 13353.3, he or she may apply to the department for
11a restricted driver’s license if the person meets all of the following
12 requirements:

13(A) The person satisfactorily provides, subsequent to the
14violation date of the current underlying conviction, either of the
15following:

16(i) The initial 12 months of an 18-month
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code if a 30-month program is
19unavailable in the person’s county of residence or employment.

20(ii) The initial 12 months of 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(B) The person agrees, as a condition of the restriction, to
25continue satisfactory participation in the program described in
26subparagraph (A).

27(C) The person submits the “Verification of Installation” form
28described in paragraph (2) of subdivision (g) of Section 13386.

29(D) The person agrees to maintain the functioning, certified
30ignition interlock device as required under subdivision (g) of
31Section 23575.

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

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

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

38(5) Except as provided in this paragraph, upon a conviction or
39finding of a violation of Section 23152 punishable under Section
4023546, the privilege shall be revoked for a period of three years.
P11   1The privilege shall not be reinstated until the person files proof of
2financial responsibility and gives proof satisfactory to the
3department of successful completion of an 18-month
4driving-under-the-influence program licensed pursuant to Section
511836 of the Health and Safety Code, as described in subdivision
6(b) or (c) of Section 23548 of this code, if a 30-month program is
7unavailable in the person’s county of residence or employment,
8or, if available in the county of the person’s residence or
9employment, a 30-month driving-under-the-influence program
10licensed pursuant to Section 11836 of the Health and Safety Code,
11or a program specified in Section 8001 of the Penal Code. For the
12purposes of this paragraph, enrollment in, participation in, and
13completion of an approved program shall occur subsequent to the
14date of the current violation. Credit shall not be given to any
15program activities completed prior to the date of the current
16violation. The department shall advise the person that he or she
17may apply to the department for a restricted driver’s license, which
18may include credit for a suspension period served under subdivision
19(c) of Section 13353.3, if the person meets all of the following
20requirements:

21(A) Completion of 12 months of the suspension period, or
22completion of six months of the suspension period if the underlying
23conviction did not include the use of drugs as defined in Section
24312 and the person was found to be only under the influence of an
25alcoholic beverage at the time of the violation.

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

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

33(ii) Proof of enrollment in a 30-month
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code, if available in the county of
36the person’s residence or employment.

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

P12   1(D) The person submits the “Verification of Installation” form
2described in paragraph (2) of subdivision (g) of Section 13386.

3(E) The person agrees to maintain the functioning, certified
4ignition interlock device as required under subdivision (g) of
5Section 23575.

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

8(G) An individual convicted of a violation of Section 23152
9punishable under Section 23546 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(H) The person pays all applicable reinstatement or reissue fees
18and any restriction fee required by the department.

19(I) The person pays to the department a fee sufficient to cover
20the costs of administration of this paragraph, as determined by the
21department.

22(J) The restriction shall remain in effect for the period required
23in subdivision (f) of Section 23575.

24(6) Except as provided in this paragraph, upon a conviction or
25finding of a violation of Section 23153 punishable under Section
2623550.5 or 23566, the privilege shall be revoked for a period of
27five years. The privilege may not be reinstated until the person
28gives proof of financial responsibility and gives proof satisfactory
29to the department of successful completion of a
30driving-under-the-influence program licensed pursuant to Section
3111836 of the Health and Safety Code as described in subdivision
32(b) of Section 23568 of this code, or if available in the county of
33the person’s residence or employment, a 30-month
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code, or a program specified in
36Section 8001 of the Penal Code. For the purposes of this paragraph,
37enrollment in, participation in, and completion of an approved
38program shall be subsequent to the date of the current violation.
39Credit shall not be given to any program activities completed prior
40to the date of the current violation. The department shall advise
P13   1the person that after completion of 12 months of the revocation
2period, which may include credit for a suspension period served
3under subdivision (c) of Section 13353.3, he or she may apply to
4the department for a restricted driver’s license if the person meets
5all of the following requirements:

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

9(i) Completion of the initial 12 months of a 30-month
10driving-under-the-influence program licensed pursuant to Section
1111836 of the Health and Safety Code, if available in the county of
12the person’s residence or employment.

13(ii) Completion of the initial 12 months of an 18-month
14driving-under-the-influence program licensed pursuant to Section
15 11836 of the Health and Safety Code, if a 30-month program is
16unavailable in the person’s county of residence or employment.

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

20(C) The person submits the “Verification of Installation” form
21described in paragraph (2) of subdivision (g) of Section 13386.

22(D) The person agrees to maintain the functioning, certified
23ignition interlock device as required under subdivision (g) of
24Section 23575.

25(E) The person provides proof of financial responsibility, as
26defined in Section 16430.

27(F) An individual convicted of a violation of Section 23153
28punishable under Section 23566 may also, at any time after
29sentencing, petition the court for referral to an 18-month
30driving-under-the-influence program licensed pursuant to Section
3111836 of the Health and Safety Code, or, if available in the county
32of the person’s residence or employment, a 30-month
33driving-under-the-influence program licensed pursuant to Section
3411836 of the Health and Safety Code. Unless good cause is shown,
35the court shall order the referral.

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

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

P14   1(7) Except as provided in this paragraph, upon a conviction or
2finding of a violation of Section 23152 punishable under Section
323550 or 23550.5, or of a violation of Section 23153 punishable
4under Section 23550.5, the privilege shall be revoked for a period
5of four years. The privilege shall not be reinstated until the person
6files proof of financial responsibility and gives proof satisfactory
7to the department of successful completion of an 18-month
8driving-under-the-influence program licensed pursuant to Section
911836 of the Health and Safety Code, if a 30-month program is
10unavailable in the person’s county of residence or employment,
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 after
20completion of 12 months of the revocation period, which may
21include credit for a suspension period served under subdivision
22(c) of Section 13353.3, he or she may apply to the department for
23a restricted driver’s license if the person meets all of the following
24requirements:

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

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

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

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

39(C) The person submits the “Verification of Installation” form
40described in paragraph (2) of subdivision (g) of Section 13386.

P15   1(D) The person agrees to maintain the functioning, certified
2ignition interlock device as required under subdivision (g) of
3Section 23575.

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

6(F) An individual convicted of a violation of Section 23152
7punishable under Section 23550 may also, at any time after
8sentencing, petition the court for referral to an 18-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, or, if available in the county
11of the person’s residence or employment, a 30-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code. Unless good cause is shown,
14the court shall order the referral.

15(G) The person pays all applicable reinstatement or reissue fees
16and any restriction fee required by the department.

17(H) The restriction shall remain in effect for the period required
18in subdivision (f) of Section 23575.

19(8) Upon a conviction or finding of a violation of subdivision
20(a) of Section 23109 that is punishable under subdivision (e) of
21that section or Section 23109.1, the privilege shall be suspended
22for a period of 90 days to six months, if ordered by the court. The
23privilege shall not be reinstated until the person gives proof of
24financial responsibility, as defined in Section 16430.

25(9) Upon a conviction or finding of a violation of subdivision
26(a) of Section 23109 that is punishable under subdivision (f) of
27that section, the privilege shall be suspended for a period of six
28months, if ordered by the court. The privilege shall not be reinstated
29until the person gives proof of financial responsibility, as defined
30in Section 16430.

31(b) For the purpose of paragraphs (2) to (9), inclusive, of
32subdivision (a), the finding of the juvenile court judge, the juvenile
33hearing officer, or the referee of a juvenile court of a commission
34of a violation of Section 23152 or 23153, subdivision (a) of Section
3523109, or Section 23109.1, as specified in subdivision (a) of this
36section, is a conviction.

37(c) A judge of a juvenile court, juvenile hearing officer, or
38referee of a juvenile court shall immediately report the findings
39specified in subdivision (a) to the department.

P16   1(d) A conviction of an offense in a state, territory, or possession
2of the United States, the District of Columbia, the Commonwealth
3of Puerto Rico, or Canada that, if committed in this state, would
4be a violation of Section 23152, is a conviction of Section 23152
5for the purposes of this section, and a conviction of an offense
6that, if committed in this state, would be a violation of Section
723153, is a conviction of Section 23153 for the purposes of this
8section. The department shall suspend or revoke the privilege to
9operate a motor vehicle pursuant to this section upon receiving
10notice of that conviction.

11(e) For the purposes of the restriction conditions specified in
12paragraphs (3) to (7), inclusive, of subdivision (a), the department
13shall terminate the restriction imposed pursuant to this section and
14shall suspend or revoke the person’s driving privilege upon receipt
15of notification from the driving-under-the-influence program that
16the person has failed to comply with the program requirements.
17The person’s driving privilege shall remain suspended or revoked
18for the remaining period of the original suspension or revocation
19imposed under this section and until all reinstatement requirements
20described in this section are met.

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

23(1) Satisfactory completion of all program requirements
24approved pursuant to program licensure, as evidenced by a
25certificate of completion issued, under penalty of perjury, by the
26licensed program.

27(2) Certification, under penalty of perjury, by the director of a
28program specified in Section 8001 of the Penal Code, that the
29person has completed a program specified in Section 8001 of the
30Penal Code.

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

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

P17   1

begin deleteSEC. 6.end delete
2
begin insertSEC. 5.end insert  

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

3

13352.  

(a) The department shall immediately suspend or
4revoke the privilege of a person to operate a motor vehicle upon
5the receipt of an abstract of the record of a court showing that the
6person has been convicted of a violation of Section 23152 or 23153,
7subdivision (a) of Section 23109, or Section 23109.1, or upon the
8receipt of a report of a judge of the juvenile court, a juvenile traffic
9hearing officer, or a referee of a juvenile court showing that the
10person has been found to have committed a violation of Section
1123152 or 23153, subdivision (a) of Section 23109, or Section
1223109.1. If an offense specified in this section occurs in a vehicle
13defined in Section 15210, the suspension or revocation specified
14in this subdivision applies also to the noncommercial driving
15privilege. The commercial driving privilege shall be disqualified
16as specified in Sections 15300 to 15302, inclusive. For the purposes
17of this section, suspension or revocation shall be as follows:

18(1) Except as required under Section 13352.1 or 13352.4, upon
19a conviction or finding of a violation of Section 23152 punishable
20under Section 23536, the privilege shall be suspended for a period
21of six months. The privilege shall not be reinstated until the person
22gives proof of financial responsibility and gives proof satisfactory
23to the department of successful completion of a
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code described in subdivision (b)
26of Section 23538 of this code. If the court, as authorized under
27paragraph (3) of subdivision (b) of Section 23646, elects to order
28a person to enroll in, participate in, and complete either program
29described in subdivision (b) of Section 23542, the department shall
30require that program in lieu of the program described in subdivision
31(b) of Section 23538. For the purposes of this paragraph, enrollment
32in, participation in, and completion of an approved program shall
33occur subsequent to the date of the current violation. Credit shall
34not be given to any program activities completed prior to the date
35of the current violation.

36(2) Upon a conviction or finding of a violation of Section 23153
37punishable under Section 23554, the privilege shall be suspended
38for a period of one year. The privilege shall not be reinstated until
39the person gives proof of financial responsibility and gives proof
40satisfactory to the department of successful completion of a
P18   1driving-under-the-influence program licensed pursuant to Section
211836 of the Health and Safety Code as described in subdivision
3(b) of Section 23556 of this code. If the court, as authorized under
4paragraph (3) of subdivision (b) of Section 23646, elects to order
5a person to enroll in, participate in, and complete either program
6described in subdivision (b) of Section 23542, the department shall
7require that program in lieu of the program described in Section
823556. For the purposes of this paragraph, enrollment in,
9participation in, and completion of an approved program shall
10occur subsequent to the date of the current violation. Credit shall
11not be given to any program activities completed prior to the date
12of the current violation. The department shall advise the person
13that he or she may apply to the department for a restricted driver’s
14license if the person meets all of the following requirements:

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

18(i) Proof of enrollment in a driving-under-the-influence program
19licensed pursuant to Section 11836 of the Health and Safety Code,
20as described in subdivision (b) of Section 23556 of this code.

21(ii) Proof of enrollment in a program described in subdivision
22(b) of Section 23542, if the court has ordered the person to enroll
23in, participate in, and complete either program described in that
24section, in which case the person shall not be required to provide
25the proof described in clause (i).

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 complies with Section 23575.3, if applicable.

30(D) The person agrees to maintain the functioning, certified
31ignition interlock device as required under Section 23575.3, if
32applicable.

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

35(F) The person pays all reissue fees and any restriction fee
36required by the department.

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

P19   1(H) The restriction shall remain in effect for the period required
2in subdivision (e).

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

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

21(i) Proof of enrollment in an 18-month
22driving-under-the-influence program licensed pursuant to Section
23 11836 of the Health and Safety Code if a 30-month program is
24unavailable in the person’s county of residence or employment.

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

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

32(C) The person complies with Section 23575.3, if applicable.

33(D) The person agrees to maintain the functioning, certified
34ignition 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) The person pays all reissue fees and any restriction fee
39required by the department.

P20   1(G) The person pays to the department a fee sufficient to cover
2the reasonable costs of administering the requirements of this
3paragraph, as determined by the department.

4(H) The restriction shall remain in effect for the period required
5in subdivision (e).

6(4) Except as provided in this paragraph, upon a conviction or
7finding of a violation of Section 23153 punishable under Section
823560, the privilege shall be revoked for a period of three years.
9The privilege may not be reinstated until the person gives proof
10of financial responsibility, and the person gives proof satisfactory
11to the department of successful completion of a
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code, as described in paragraph
14(4) of subdivision (b) of Section 23562 of this 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 if the
21person meets all of the following requirements:

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

25(i) Proof of enrollment in an 18-month
26driving-under-the-influence program licensed pursuant to Section
27 11836 of the Health and Safety Code if a 30-month program is
28unavailable in the person’s county of residence or employment.

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

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

36(C) The person complies with Section 23575.3, if applicable.

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

P21   1(E) The person provides proof of financial responsibility, as
2defined in Section 16430.

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

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

8(H) The restriction shall remain in effect for the period required
9in subdivision (e).

10(5) Except as provided in this paragraph, upon a conviction or
11finding of a violation of Section 23152 punishable under Section
1223546, the privilege shall be revoked for a period of three years.
13The privilege shall not be reinstated until the person files proof of
14financial responsibility and gives proof satisfactory to the
15department of successful completion of an 18-month
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code, as described in subdivision
18(b) or (c) of Section 23548 of this code, if a 30-month program is
19unavailable in the person’s county of residence or employment,
20or, if available in the county of the person’s residence or
21employment, a 30-month driving-under-the-influence program
22licensed pursuant to Section 11836 of the Health and Safety Code,
23or a program specified in Section 8001 of the Penal Code. For the
24purposes of this paragraph, enrollment in, participation in, and
25completion of an approved program shall occur subsequent to the
26date 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 restricted driver’s license if the
30person meets all of the following requirements:

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

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

38(ii) Proof of enrollment in a 30-month
39driving-under-the-influence program licensed pursuant to Section
P22   111836 of the Health and Safety Code, if available in the county of
2the person’s residence or employment.

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

6(C) The person complies with Section 23575.3, if applicable.

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

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

12(F) An individual convicted of a violation of Section 23152
13punishable under Section 23546 may also, at any time after
14sentencing, petition the court for referral to an 18-month
15driving-under-the-influence program licensed pursuant to Section
1611836 of the Health and Safety Code, or, if available in the county
17of the person’s residence or employment, a 30-month
18driving-under-the-influence program licensed pursuant to Section
1911836 of the Health and Safety Code. Unless good cause is shown,
20the court shall order the referral.

21(G) The person pays all applicable reinstatement or reissue fees
22and any restriction fee required by the department.

23(H) The person pays to the department a fee sufficient to cover
24the reasonable costs of administering the requirements of this
25paragraph, as determined by the department.

26(I) The restriction shall remain in effect for the period required
27in subdivision (e).

28(6) Except as provided in this paragraph, upon a conviction or
29finding of a violation of Section 23153 punishable under Section
3023550.5 or 23566, the privilege shall be revoked for a period of
31five years. The privilege may not be reinstated until the person
32gives proof of financial responsibility and gives proof satisfactory
33to the department of successful completion of a
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code as described in subdivision
36(b) of Section 23568, or if available in the county of the person’s
37residence or employment, a 30-month driving-under-the-influence
38program licensed pursuant to Section 11836 of the Health and
39Safety Code, or a program specified in Section 8001 of the Penal
40Code. For the purposes of this paragraph, enrollment in,
P23   1participation in, and completion of an approved program shall be
2subsequent to the date of the current violation. Credit shall not be
3given to any program activities completed prior to the date of the
4current violation. The department shall advise the person that he
5or she may apply to the department for a restricted driver’s license
6if the person meets all of the following requirements:

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

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

14(ii) Proof of enrollment in 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(B) The person agrees, as a condition of the restriction, to
19continue satisfactory participation in the program described in
20subparagraph (A).

21(C) The person complies with Section 23575.3, if applicable.

22(D) The person agrees to maintain the functioning, certified
23ignition interlock device as required under Section 23575.3, if
24applicable.

25(E) The person provides proof of financial responsibility, as
26defined in Section 16430.

27(F) An individual convicted of a violation of Section 23153
28punishable under Section 23566 may also, at any time after
29sentencing, petition the court for referral to an 18-month
30driving-under-the-influence program licensed pursuant to Section
3111836 of the Health and Safety Code, or, if available in the county
32of the person’s residence or employment, a 30-month
33driving-under-the-influence program licensed pursuant to Section
3411836 of the Health and Safety Code. Unless good cause is shown,
35the court shall order the referral.

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

38(H) The person pays to the department a fee sufficient to cover
39the reasonable costs of administering the requirements of this
40paragraph, as determined by the department.

P24   1(I) The restriction shall remain in effect for the period required
2in subdivision (e).

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 he or she
22may apply to the department for a restricted driver’s license if the
23person meets all of the following requirements:

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

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

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

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

38(C) The person complies with Section 23575.3, if applicable.

P25   1(D) The person agrees to maintain the functioning, certified
2ignition 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) An individual convicted of a violation of Section 23152
7punishable under Section 23550 may also, at any time after
8sentencing, petition the court for referral to an 18-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, or, if available in the county
11of the person’s residence or employment, a 30-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code. Unless good cause is shown,
14the court shall order the referral.

15(G) The person pays all applicable reinstatement or reissue fees
16and any restriction fee required by the department.

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

20(I) The restriction shall remain in effect for the period required
21in subdivision (e).

22(8) Upon a conviction or finding of a violation of subdivision
23(a) of Section 23109 that is punishable under subdivision (e) of
24that section or Section 23109.1, the privilege shall be suspended
25for a period of 90 days to six months, if ordered by the court. The
26privilege shall not be reinstated until the person gives proof of
27financial responsibility, as defined in Section 16430.

28(9) Upon a conviction or finding of a violation of subdivision
29(a) of Section 23109 that is punishable under subdivision (f) of
30that section, the privilege shall be suspended for a period of six
31months, if ordered by the court. The privilege shall not be reinstated
32until the person gives proof of financial responsibility, as defined
33in Section 16430.

34(b) For the purpose of paragraphs (2) to (9), inclusive, of
35subdivision (a), the finding of the juvenile court judge, the juvenile
36hearing officer, or the referee of a juvenile court of a commission
37of a violation of Section 23152 or 23153, subdivision (a) of Section
3823109, or Section 23109.1, as specified in subdivision (a) of this
39section, is a conviction.

P26   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) (1) Except as specified in paragraph (2) or (3), the restriction
15conditions specified in paragraphs (2) to (7), inclusive, of
16subdivision (a) shall remain in effect until all reinstatement
17requirements are satisfied.

18(2) For the purposes of the restriction conditions specified in
19paragraphs (2) to (7), inclusive, of subdivision (a), the department
20shall terminate the restriction imposed pursuant to this section and
21shall suspend or revoke the person’s driving privilege upon receipt
22of notification from the driving-under-the-influence program that
23the person has failed to comply with the program requirements.
24The person’s driving privilege shall remain suspended or revoked
25for the remaining period of the original suspension or revocation
26imposed under this section and until all reinstatement requirements
27described in this section are met.

28(3) The department shall immediately suspend or revoke the
29privilege to operate a motor vehicle of a person who, with respect
30to an ignition interlock device installed pursuant to Section
3123575.3, attempts to remove, bypass, or tamper with the device,
32has the device removed prior to the termination date of the
33restriction, or fails to comply with any requirement for the
34maintenance or calibration of the device. The privilege shall remain
35suspended or revoked for the remaining period of the originating
36suspension or revocation and until all reinstatement requirements
37in this section are satisfied, provided, however, that if the person
38provides proof to the satisfaction of the department that the person
39is in compliance with the restriction issued pursuant to this section,
40the department may, in its discretion, restore the privilege to
P27   1operate a motor vehicle and reimpose the remaining term of the
2restriction.

3(f) Notwithstanding the suspension periods specified in
4paragraphs (1) to (7), inclusive, of subdivision (a) or Section
513352.1, if the person maintains a functioning, certified ignition
6interlock device for the mandatory term required under Section
723575.3, inclusive of any term credit earned under Section 13353.6,
8the department shall reinstate his or her privilege to operate a motor
9vehicle at the time the other reinstatement requirements are
10satisfied.

11(g) For the purposes of this section, completion of a program
12is the following:

13(1) Satisfactory completion of all program requirements
14approved pursuant to program licensure, as evidenced by a
15certificate of completion issued, under penalty of perjury, by the
16licensed program.

17(2) Certification, under penalty of perjury, by the director of a
18program specified in Section 8001 of the Penal Code, that the
19person has completed a program specified in Section 8001 of the
20Penal Code.

21(h) The holder of a commercial driver’s license who was
22operating a commercial motor vehicle, as defined in Section 15210,
23at the time of a violation that resulted in a suspension or revocation
24of the person’s noncommercial driving privilege under this section
25is not eligible for the restricted driver’s license authorized under
26paragraphs (3) to (7), inclusive, of subdivision (a).

27(i) The reinstatement of the driving privilege pursuant to this
28section does not abrogate a person’s continuing duty to comply
29with any restriction imposed pursuant to Section 23575.3.

30(j) This section shall become operative on July 1, 2018.

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

34

begin deleteSEC. 7.end delete
35
begin insertSEC. 6.end insert  

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

36

13352.  

(a) The department shall immediately suspend or
37revoke the privilege of a person to operate a motor vehicle upon
38the receipt of an abstract of the record of a court showing that the
39person has been convicted of a violation of Section 23152 or 23153,
40subdivision (a) of Section 23109, or Section 23109.1, or upon the
P28   1receipt of a report of a judge of the juvenile court, a juvenile traffic
2hearing officer, or a referee of a juvenile court showing that the
3person has been found to have committed a violation of Section
423152 or 23153, subdivision (a) of Section 23109, or Section
523109.1. If an offense specified in this section occurs in a vehicle
6defined in Section 15210, the suspension or revocation specified
7in this subdivision also applies to the noncommercial driving
8privilege. The commercial driving privilege shall be disqualified
9as specified in Sections 15300 to 15302, inclusive. For the purposes
10of this section, suspension or revocation shall be as follows:

11(1) Except as required under Section 13352.1 or 13352.4, upon
12a conviction or finding of a violation of Section 23152 punishable
13under Section 23536, the privilege shall be suspended for a period
14of six months. The privilege shall 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 described in subdivision (b)
19of Section 23538 of this code. If the court, as authorized under
20paragraph (3) of subdivision (b) of Section 23646, elects to order
21a person to enroll in, participate in, and complete either program
22described in subdivision (b) of Section 23542, the department shall
23require that program in lieu of the program described in subdivision
24(b) of Section 23538. For the purposes of this paragraph, enrollment
25in, participation in, and completion of an approved program shall
26occur subsequent to the date of the current violation. Credit shall
27not be given to any program activities completed prior to the date
28of the current violation.

29(2) Upon a conviction or finding of a violation of Section 23153
30punishable under Section 23554, the privilege shall be suspended
31for a period of one year. The privilege shall not be reinstated until
32the person gives proof of financial responsibility and gives proof
33satisfactory to the department of successful completion of a
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code as described in subdivision
36(b) of Section 23556 of this code. If the court, as authorized under
37paragraph (3) of subdivision (b) of Section 23646, elects to order
38a person to enroll in, participate in, and complete either program
39described in subdivision (b) of Section 23542, the department shall
40require that program in lieu of the program described in Section
P29   123556. For the purposes of this paragraph, enrollment,
2participation, and completion of an approved program shall occur
3subsequent to the date of the current violation. Credit shall not be
4given to any program activities completed prior to the date of the
5current violation.

6(3) Except as provided in Section 13352.5, upon a conviction
7or finding of a violation of Section 23152 punishable under Section
823540, the privilege shall be suspended for two years. The privilege
9shall not be reinstated until the person gives proof of financial
10responsibility and gives proof satisfactory to the department of
11successful completion of a driving-under-the-influence program
12licensed pursuant to Section 11836 of the Health and Safety Code
13as described in subdivision (b) of Section 23542 of this code. For
14the purposes of this paragraph, enrollment in, participation in, and
15completion of an approved program shall be subsequent to the date
16of the current violation. Credit shall not be given to any program
17activities completed prior to the date of the current violation. The
18department shall advise the person that he or she may apply to the
19department for a restriction of the driving privilege if the person
20meets all of the following requirements:

21(A) Completion of 12 months of the suspension period, or
22completion of 90 days of the suspension period if the underlying
23conviction did not include the use of drugs as defined in Section
24312 and the person was found to be only under the influence of an
25alcoholic beverage at the time of the violation.

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

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

33(ii) Proof of enrollment in a 30-month
34driving-under-the-influence program licensed pursuant to Section
3511836 of the Health and Safety Code, if available in the county of
36the person’s residence or employment.

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

P30   1(D) The person submits the “Verification of Installation” form
2described in paragraph (2) of subdivision (g) of Section 13386.

3(E) The person agrees to maintain the ignition interlock device
4as required under subdivision (g) of Section 23575.

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

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

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

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

14(4) Except as provided in this paragraph, upon a conviction or
15finding of a violation of Section 23153 punishable under Section
1623560, the privilege shall be revoked for a period of three years.
17The privilege may not be reinstated until the person gives proof
18of financial responsibility, and the person gives proof satisfactory
19to the department of successful completion of a
20driving-under-the-influence program licensed pursuant to Section
2111836 of the Health and Safety Code, as described in paragraph
22(4) of subdivision (b) of Section 23562 of this code. For the
23purposes of this paragraph, enrollment in, participation in, and
24completion of an approved program shall occur subsequent to the
25date of the current violation. Credit shall not be given to any
26program activities completed prior to the date of the current
27violation. The department shall advise the person that after the
28completion of 12 months of the revocation period, which may
29include credit for a suspension period served under subdivision
30(c) of Section 13353.3, he or she may apply to the department for
31a restricted driver’s license if the person meets all of the following
32requirements:

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

36(i) The initial 12 months of an 18-month
37driving-under-the-influence program licensed pursuant to Section
3811836 of the Health and Safety Code if a 30-month program is
39unavailable in the person’s county of residence or employment.

P31   1(ii) The initial 12 months of a 30-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if available in the county of
4the person’s residence or employment.

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

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

16(G) The restriction shall remain in effect for the period required
17in subdivision (f) of Section 23575.

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, which
38may include credit for a suspension period served under subdivision
39(c) of Section 13353.3, if the person meets all of the following
40requirements:

P32   1(A) Completion of 12 months of the suspension period, or
2completion of six months of the suspension period if the underlying
3conviction did not include the use of drugs as defined in Section
4312 and the person was found to be only under the influence of an
5alcoholic beverage at the time of the violation.

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

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

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

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

20(D) The person submits the “Verification of Installation” form
21described in paragraph (2) of subdivision (g) of Section 13386.

22(E) The person agrees to maintain the ignition interlock device
23as required under subdivision (g) of Section 23575.

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

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

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

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

P33   1(J) The restriction shall remain in effect for the period required
2in subdivision (f) of Section 23575.

3(6) Except as provided in this paragraph, upon a conviction or
4finding of a violation of Section 23153 punishable under Section
523550.5 or 23566, the privilege shall be revoked for a period of
6five years. The privilege may not be reinstated until the person
7gives proof of financial responsibility and gives proof satisfactory
8to the department of successful completion of a
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code as described in subdivision
11(b) of Section 23568 of this code, or if available in the county of
12the person’s residence or employment, a 30-month
13driving-under-the-influence program licensed pursuant to Section
1411836 of the Health and Safety Code, or a program specified in
15Section 8001 of the Penal Code. For the purposes of this paragraph,
16enrollment in, participation in, and completion of an approved
17program shall be subsequent to the date of the current violation.
18Credit shall not be given to any program activities completed prior
19to the date of the current violation. The department shall advise
20the person that after completion of 12 months of the revocation
21period, which may include credit for a suspension period served
22under subdivision (c) of Section 13353.3, he or she may apply to
23the department for a restricted driver’s license if the person meets
24all of the following requirements:

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

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

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

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

39(C) The person submits the “Verification of Installation” form
40described in paragraph (2) of subdivision (g) of Section 13386.

P34   1(D) The person agrees to maintain the ignition interlock device
2as required under subdivision (g) of Section 23575.

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

5(F) An individual convicted of a violation of Section 23153
6punishable under Section 23566 may also, at any time after
7sentencing, petition the court for referral to an 18-month
8driving-under-the-influence program licensed pursuant to Section
911836 of the Health and Safety Code, or, if available in the county
10of the person’s residence or employment, a 30-month
11driving-under-the-influence program licensed pursuant to Section
1211836 of the Health and Safety Code. Unless good cause is shown,
13the court shall order the referral.

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

16(H) The restriction shall remain in effect for the period required
17in subdivision (f) of Section 23575.

18(7) Except as provided in this paragraph, upon a conviction or
19finding of a violation of Section 23152 punishable under Section
2023550 or 23550.5, or of a violation of Section 23153 punishable
21under Section 23550.5, the privilege shall be revoked for a period
22of four years. The privilege shall not be reinstated until the person
23files proof of financial responsibility and gives proof satisfactory
24to the department of successful completion of 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,
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 after
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
P35   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) An individual convicted of a violation of Section 23152
24punishable under Section 23550 may also, at any time after
25sentencing, petition the court for referral to an 18-month
26driving-under-the-influence program licensed pursuant to Section
2711836 of the Health and Safety Code, or, if available in the county
28of the person’s residence or employment, a 30-month
29 driving-under-the-influence program licensed pursuant to Section
3011836 of the Health and Safety Code. Unless good cause is shown,
31the court shall order the referral.

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

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

36(8) Upon a conviction or finding of a violation of subdivision
37(a) of Section 23109 that is punishable under subdivision (e) of
38that section or Section 23109.1, the privilege shall be suspended
39for a period of 90 days to six months, if ordered by the court. The
P36   1privilege shall not be reinstated until the person gives proof of
2financial responsibility, as defined in Section 16430.

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

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

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

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

28(e) For the purposes of the restriction conditions specified in
29paragraphs (3) 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(f) For the purposes of this section, completion of a program is
39the following:

P37   1(1) Satisfactory completion of all program requirements
2approved pursuant to program licensure, as evidenced by a
3certificate of completion issued, under penalty of perjury, by the
4licensed program.

5(2) Certification, under penalty of perjury, by the director of a
6program specified in Section 8001 of the Penal Code, that the
7person has completed a program specified in Section 8001 of the
8Penal Code.

9(g) The holder of a commercial driver’s license who was
10operating a commercial motor vehicle, as defined in Section 15210,
11at the time of a violation that resulted in a suspension or revocation
12of the person’s noncommercial driving privilege under this section
13is not eligible for the restricted driver’s license authorized under
14paragraphs (3) to (7), inclusive, of subdivision (a).

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

16

begin deleteSEC. 8.end delete
17
begin insertSEC. 7.end insert  

Section 13352.4 of the Vehicle Code is amended to
18read:

19

13352.4.  

(a) Except as provided in subdivision (h), the
20department shall issue a restricted driver’s license to a person
21whose driver’s license was suspended under paragraph (1) of
22subdivision (a) of Section 13352 or Section 13352.1, if the person
23meets all of the following requirements:

24(1) Submits proof satisfactory to the department of either of the
25following, as applicable:

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

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

34(2) Submits proof of financial responsibility, as defined in
35Section 16430.

36(3) Pays all applicable reinstatement or reissue fees and any
37restriction fee required by the department.

38(b) The restriction of the driving privilege shall become effective
39when the department receives all of the documents and fees
40required under subdivision (a) and shall remain in effect until the
P38   1final day of the original suspension imposed under paragraph (1)
2of subdivision (a) of Section 13352 or Section 13352.1, or until
3the date all reinstatement requirements described in Section 13352
4or 13352.1 have been met, whichever date is later, and may include
5credit for any suspension period served under subdivision (c) of
6Section 13353.3.

7(c) The restriction of the driving privilege shall be limited to
8the hours necessary for driving to and from the person’s place of
9employment, driving during the course of employment, and driving
10to and from activities required in the driving-under-the-influence
11program.

12(d) Whenever the driving privilege is restricted under this
13section, proof of financial responsibility, as defined in Section
1416430, shall be maintained for three years. If the person does not
15maintain that proof of financial responsibility at any time during
16the restriction, the driving privilege shall be suspended until the
17proof required under Section 16484 is received by the department.

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

22(f) The department shall terminate the restriction issued under
23this section and shall suspend the privilege to operate a motor
24vehicle pursuant to paragraph (1) of subdivision (a) of Section
2513352 or Section 13352.1 immediately upon receipt of notification
26from the driving-under-the-influence program that the person has
27failed to comply with the program requirements. The privilege
28shall remain suspended until the final day of the original suspension
29imposed under paragraph (1) of subdivision (a) of Section 13352
30or 13352.1, or until the date all reinstatement requirements
31described in Section 13352 or Section 13352.1 have been met,
32whichever date is later.

33(g) The holder of a commercial driver’s license who was
34operating a commercial motor vehicle, as defined in Section 15210,
35at the time of a violation that resulted in a suspension or revocation
36of the person’s noncommercial driving privilege under paragraph
37(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
38eligible for the restricted driver’s license authorized under this
39section.

P39   1(h) If, upon conviction, the court has made the determination,
2as authorized under subdivision (d) of Section 23536 or paragraph
3(3) of subdivision (a) of Section 23538, to disallow the issuance
4of a restricted driver’s license, the department may not issue a
5restricted driver’s license under this section.

6(i) This section shall become inoperative on July 1, 2018, and,
7as of January 1, 2019, is repealed, unless a later enacted statute,
8that becomes operative on or before January 1, 2019, deletes or
9extends the dates on which it becomes inoperative and is repealed.

10

begin deleteSEC. 9.end delete
11
begin insertSEC. 8.end insert  

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

12

13352.4.  

(a) Except as provided in subdivision (h), the
13department shall issue a restricted driver’s license to a person
14whose driver’s license was suspended under paragraph (1) of
15subdivision (a) of Section 13352 or Section 13352.1, if the person
16meets all of the following requirements:

17(1) Submits proof satisfactory to the department of either of the
18following:

19(A) Enrollment in a driving-under-the-influence program
20licensed pursuant to Section 11836 of the Health and Safety Code,
21as described in subdivision (b) of Section 23538 of this code.

22(B) Enrollment in a program described in subdivision (b) of
23Section 23542, if the court has ordered the person to enroll in,
24participate in, and complete either program described in that
25section, in which case the person shall not be required to provide
26proof of the enrollment described in subparagraph (A).

27(2) Complies with Section 23575.3, if applicable.

28(3) Agrees to maintain the ignition interlock device as required
29under Section 23575.3, if applicable.

30(4) Submits proof of financial responsibility, as defined in
31Section 16430.

32(5) Pays all applicable reinstatement or reissue fees and any
33restriction fee required by the department.

34(6) The person pays to the department a fee sufficient to cover
35the reasonable costs of administering the requirements of this
36paragraph, as determined by the department.

37(b) The restriction of the driving privilege shall become effective
38when the department receives all of the documents and fees
39required under subdivision (a) and shall remain in effect until the
P40   1date all reinstatement requirements described in Section 13352 or
213352.1 have been met.

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

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

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

24(2) The department shall immediately terminate the restriction
25issued pursuant to this section and shall immediately suspend or
26revoke the privilege to operate a motor vehicle of a person who,
27with respect to an ignition interlock device installed pursuant to
28Section 23575.3, attempts to remove, bypass, or tamper with the
29device, has the device removed prior to the termination date of the
30restriction, or fails to comply with any requirement for the
31maintenance or calibration of the device. The privilege shall remain
32suspended or revoked for the remaining period of the originating
33suspension or revocation and until all reinstatement requirements
34in this section are satisfied.

35(f) The holder of a commercial driver’s license who was
36operating a commercial motor vehicle, as defined in Section 15210,
37at the time of a violation that resulted in a suspension or revocation
38of the person’s noncommercial driving privilege under paragraph
39(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
P41   1eligible for the restricted driver’s license authorized under this
2section.

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

8(h) This section shall become operative on July 1, 2018.

9(i) This section shall remain in effect only until January 1, 2025,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2025, deletes or extends that date.

12

begin deleteSEC. 10.end delete
13
begin insertSEC. 9.end insert  

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

14

13352.4.  

(a) Except as provided in subdivision (h), the
15department shall issue a restricted driver’s license to a person
16whose driver’s license was suspended under paragraph (1) of
17subdivision (a) of Section 13352 or Section 13352.1, if the person
18meets all of the following requirements:

19(1) Submits proof satisfactory to the department of either of the
20following, as applicable:

21(A) Enrollment in a driving-under-the-influence program
22licensed pursuant to Section 11836 of the Health and Safety Code,
23as described in subdivision (b) of Section 23538 of this code.

24(B) Enrollment in a program described in subdivision (b) of
25Section 23542, if the court has ordered the person to enroll in,
26participate in, and complete either program described in that
27section, in which case the person shall not be required to provide
28proof of the enrollment described in subparagraph (A).

29(2) Submits proof of financial responsibility, as defined in
30Section 16430.

31(3) Pays all applicable reinstatement or reissue fees and any
32restriction fee required by the department.

33(b) The restriction of the driving privilege shall become effective
34when the department receives all of the documents and fees
35required under subdivision (a) and shall remain in effect until the
36final day of the original suspension imposed under paragraph (1)
37of subdivision (a) of Section 13352 or Section 13352.1, or until
38the date all reinstatement requirements described in Section 13352
39or 13352.1 have been met, whichever date is later, and may include
P42   1credit for any suspension period served under subdivision (c) of
2Section 13353.3.

3(c) The restriction of the driving privilege shall be limited to
4the hours necessary for driving to and from the person’s place of
5employment, driving during the course of employment, and driving
6to and from activities required in the driving-under-the-influence
7program.

8(d) Whenever the driving privilege is restricted under this
9section, proof of financial responsibility, as defined in Section
1016430, shall be maintained for three years. If the person does not
11maintain that proof of financial responsibility at any time during
12the restriction, the driving privilege shall be suspended until the
13proof required under Section 16484 is received by the department.

14(e) For the purposes of this section, enrollment, participation,
15and completion of an approved program shall be subsequent to the
16date of the current violation. Credit may not be given to a program
17activity completed prior to the date of the current violation.

18(f) The department shall terminate the restriction issued under
19this section and shall suspend the privilege to operate a motor
20vehicle pursuant to paragraph (1) of subdivision (a) of Section
2113352 or Section 13352.1 immediately upon receipt of notification
22from the driving-under-the-influence program that the person has
23failed to comply with the program requirements. The privilege
24shall remain suspended until the final day of the original suspension
25imposed under paragraph (1) of subdivision (a) of Section 13352
26or 13352.1, or until the date all reinstatement requirements
27described in Section 13352 or Section 13352.1 have been met,
28whichever date is later.

29(g) The holder of a commercial driver’s license who was
30operating a commercial motor vehicle, as defined in Section 15210,
31at the time of a violation that resulted in a suspension or revocation
32of the person’s noncommercial driving privilege under paragraph
33(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
34eligible for the restricted driver’s license authorized under this
35section.

36(h) If, upon conviction, the court has made the determination,
37as authorized under subdivision (d) of Section 23536 or paragraph
38(3) of subdivision (a) of Section 23538, to disallow the issuance
39of a restricted driver’s license, the department may not issue a
40restricted driver’s license under this section.

P43   1(i) This section shall become operative January 1, 2025.

2

begin deleteSEC. 11.end delete
3
begin insertSEC. 10.end insert  

Section 13353.3 of the Vehicle Code is amended to
4read:

5

13353.3.  

(a) An order of suspension of a person’s privilege to
6operate a motor vehicle pursuant to Section 13353.2 shall become
7effective 30 days after the person is served with the notice pursuant
8to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

9(b) The period of suspension of a person’s privilege to operate
10a motor vehicle under Section 13353.2 is as follows:

11(1) If the person has not been convicted of a separate violation
12of Section 23103, as specified in Section 23103.5, or Section
1323140, 23152, or 23153, or Section 191.5 or subdivision (a) of
14Section 192.5 of the Penal Code, the person has not been
15administratively determined to have refused chemical testing
16pursuant to Section 13353 or 13353.1 of this code, or the person
17has not been administratively determined to have been driving
18with an excessive concentration of alcohol pursuant to Section
1913353.2 on a separate occasion, which offense or occurrence
20occurred within 10 years of the occasion in question, the person’s
21privilege to operate a motor vehicle shall be suspended for four
22months.

23(2) (A) If the person has been convicted of one or more separate
24violations of Section 23103, as specified in Section 23103.5, or
25Section 23140, 23152, or 23153, or Section 191.5 or subdivision
26(a) of Section 192.5 of the Penal Code, the person has been
27administratively determined to have refused chemical testing
28pursuant to Section 13353 or 13353.1 of this code, or the person
29has been administratively determined to have been driving with
30an excessive concentration of alcohol pursuant to Section 13353.2
31on a separate occasion, which offense or occasion occurred within
32 10 years of the occasion in question, the person’s privilege to
33operate a motor vehicle shall be suspended for one year, except
34as provided in subparagraphs (B) and (C).

35(B) The one-year suspension pursuant to subparagraph (A) shall
36terminate if the person has been convicted of a violation arising
37out of the same occurrence and all of the following conditions are
38met:

39(i) The person is eligible for a restricted driver’s license pursuant
40to Section 13352.

P44   1(ii) The person installs a functioning, certified ignition interlock
2device as required in Section 13352 for that restricted driver’s
3license.

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 installs a functioning, certified ignition interlock
25device and submits the “Verification of Installation” form described
26in paragraph (2) of subdivision (g) of Section 13386.

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

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).

P45   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 shall terminate the restriction issued
30pursuant to this section and shall 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, or fails three or more times to comply with
36any requirement for the maintenance or calibration of the ignition
37interlock device ordered pursuant to this section. The privilege
38shall remain suspended for the remaining period of the original
39 suspension imposed pursuant to subparagraph (A).

P46   1(3) Notwithstanding any other law, if a person has been
2administratively determined to have been driving in violation of
3Section 23136 or to have refused chemical testing pursuant to
4Section 13353.1, the period of suspension shall not be for less than
5one year.

6(c) If a person’s privilege to operate a motor vehicle is
7suspended pursuant to Section 13353.2 and the person is convicted
8of a violation of Section 23152 or 23153, including, but not limited
9to, a violation described in Section 23620, arising out of the same
10occurrence, both the suspension under Section 13353.2 and the
11suspension or revocation under Section 13352 shall be imposed,
12except that the periods of suspension or revocation shall run
13concurrently, and the total period of suspension or revocation shall
14not exceed the longer of the two suspension or revocation periods.

15(d) For the purposes of this section, a conviction of an offense
16in any state, territory, or possession of the United States, the
17District of Columbia, the Commonwealth of Puerto Rico, or
18Canada that, if committed in this state, would be a violation of
19Section 23103, as specified in Section 23103.5, or Section 23140,
2023152, or 23153, or Section 191.5 or subdivision (a) of Section
21192.5 of the Penal Code, is a conviction of that particular section
22of the Vehicle Code or Penal Code.

23(e) The holder of a commercial driver’s license who was
24operating a commercial motor vehicle, as defined in Section 15210,
25at the time of a violation that resulted in a suspension or revocation
26of the person’s noncommercial driving privilege is not eligible for
27the restricted driver’s license authorized pursuant to this section.

28(f) This section shall become inoperative on July 1, 2018, and,
29as of January 1, 2019, is repealed, unless a later enacted statute,
30that becomes operative on or before January 1, 2019, deletes or
31extends the dates on which it becomes inoperative and is repealed.

32

begin deleteSEC. 12.end delete
33
begin insertSEC. 11.end insert  

Section 13353.3 is added to the Vehicle Code, to
34read:

35

13353.3.  

(a) An order of suspension of a person’s privilege to
36operate a motor vehicle pursuant to Section 13353.2 shall become
37effective 30 days after the person is served with the notice pursuant
38to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

39(b) The period of suspension of a person’s privilege to operate
40a motor vehicle under Section 13353.2 is as follows:

P47   1(1) If the person has not been convicted of a separate violation
2of Section 23103, as specified in Section 23103.5, or Section
323140, 23152, or 23153, or Section 191.5 or subdivision (a) of
4Section 192.5 of the Penal Code, the person has not been
5administratively determined to have refused chemical testing
6pursuant to Section 13353 or 13353.1 of this code, or the person
7has not been administratively determined to have been driving
8with an excessive concentration of alcohol pursuant to Section
913353.2 on a separate occasion, which offense or occurrence
10occurred within 10 years of the occasion in question, the person’s
11privilege to operate a motor vehicle shall be suspended for four
12months.

13(2) (A) If the person has been convicted of one or more separate
14violations of Section 23103, as specified in Section 23103.5, or
15Section 23140, 23152, or 23153, or Section 191.5 or subdivision
16(a) of Section 192.5 of the Penal Code, the person has been
17administratively determined to have refused chemical testing
18pursuant to Section 13353 or 13353.1 of this code, or the person
19has been administratively determined to have been driving with
20an excessive concentration of alcohol pursuant to Section 13353.2
21on a separate occasion, which offense or occasion occurred within
2210 years of the occasion in question, the person’s privilege to
23operate a motor vehicle shall be suspended for one year, except
24as provided in subparagraphs (B) and (C).

25(B) The one-year suspension pursuant to subparagraph (A) shall
26terminate if the person has been convicted of a violation arising
27out of the same occurrence and all of the following conditions are
28met:

29(i) The person is eligible for a restricted driver’s license pursuant
30to Section 13352.

31(ii) The person installs a functioning, certified ignition interlock
32 device as required in Section 13352 for that restricted driver’s
33license.

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

36(C) The one-year suspension pursuant to subparagraph (A) shall
37terminate after completion of a 90-day suspension period, and the
38person shall be eligible for a restricted license if the person has
39been convicted of a violation of Section 23103, as specified in
40Section 23103.5, arising out of the same occurrence, has no more
P48   1than two prior alcohol-related convictions within 10 years, as
2specified pursuant to subparagraph (A), and all of the following
3conditions are met:

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

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

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

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

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

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

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

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

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

P49   1(i) If the driving privilege is restricted under this section, proof
2of financial responsibility, as described in Section 16430, shall be
3maintained for three years. If the person does not maintain that
4proof of financial responsibility at any time during the restriction,
5the driving privilege shall be suspended until the proof required
6pursuant to Section 16484 is received by the department.

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

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

20(iv) The department shall immediately suspend the privilege to
21operate a motor vehicle pursuant to subparagraph (A) immediately
22upon receipt of notification from the installer that a person has
23attempted to remove, bypass, or tamper with the ignition interlock
24device, has removed the device prior to the termination date of the
25restriction, or has failed to comply with any requirement for the
26maintenance or calibration of the ignition interlock device ordered
27pursuant to this section. The privilege shall remain suspended for
28the remaining period of the original suspension imposed pursuant
29to subparagraph (A), provided, however, that if the person provides
30proof to the satisfaction of the department that the person is in
31compliance with the restriction issued pursuant to this section, the
32department may, in its discretion, restore the privilege to operate
33a motor vehicle and reimpose the remaining term of the restriction.

34(3) Notwithstanding any other law, if a person has been
35administratively determined to have been driving in violation of
36Section 23136 or to have refused chemical testing pursuant to
37Section 13353.1, the period of suspension shall not be for less than
38one year.

39(c) If a person’s privilege to operate a motor vehicle is
40suspended pursuant to Section 13353.2 and the person is convicted
P50   1of a violation of Section 23152 or 23153, including, but not limited
2to, a violation described in Section 23620, arising out of the same
3occurrence, both the suspension under Section 13353.2 and the
4suspension or revocation under Section 13352 shall be imposed,
5except that the periods of suspension or revocation shall run
6concurrently, and the total period of suspension or revocation shall
7not exceed the longer of the two suspension or revocation periods.

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 on July 1, 2018.

22(g) This section shall remain in effect only until January 1, 2025,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2025, deletes or extends that date.

25

begin deleteSEC. 13.end delete
26
begin insertSEC. 12.end insert  

Section 13353.3 is added to the Vehicle Code, to
27read:

28

13353.3.  

(a) An order of suspension of a person’s privilege to
29operate a motor vehicle pursuant to Section 13353.2 shall become
30effective 30 days after the person is served with the notice pursuant
31to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

32(b) The period of suspension of a person’s privilege to operate
33a motor vehicle under Section 13353.2 is as follows:

34(1) If the person has not been convicted of a separate violation
35of Section 23103, as specified in Section 23103.5, or Section
3623140, 23152, or 23153, or Section 191.5 or subdivision (a) of
37Section 192.5 of the Penal Code, the person has not been
38administratively determined to have refused chemical testing
39pursuant to Section 13353 or 13353.1 of this code, or the person
40has not been administratively determined to have been driving
P51   1with an excessive concentration of alcohol pursuant to Section
213353.2 on a separate occasion, which offense or occurrence
3occurred within 10 years of the occasion in question, the person’s
4privilege to operate a motor vehicle shall be suspended for four
5months.

6(2) (A) If the person has been convicted of one or more separate
7violations of Section 23103, as specified in Section 23103.5, or
8Section 23140, 23152, or 23153, or Section 191.5 or subdivision
9(a) of Section 192.5 of the Penal Code, the person has been
10administratively determined to have refused chemical testing
11pursuant to Section 13353 or 13353.1 of this code, or the person
12has been administratively determined to have been driving with
13an excessive concentration of alcohol pursuant to Section 13353.2
14on a separate occasion, which offense or occasion occurred within
1510 years of the occasion in question, the person’s privilege to
16operate a motor vehicle shall be suspended for one year, except
17as provided in subparagraphs (B) and (C).

18(B) The one-year suspension pursuant to subparagraph (A) shall
19terminate if the person has been convicted of a violation arising
20out of the same occurrence and all of the following conditions are
21met:

22(i) The person is eligible for a restricted driver’s license pursuant
23to Section 13352.

24(ii) The person installs a functioning, certified ignition interlock
25device as required in Section 13352 for that restricted driver’s
26license.

27(iii) The person complies with all other applicable conditions
28of Section 13352 for a restricted driver’s license.

29(C) The one-year suspension pursuant to subparagraph (A) shall
30terminate after completion of a 90-day suspension period, and the
31person shall be eligible for a restricted license if the person has
32been convicted of a violation of Section 23103, as specified in
33Section 23103.5, arising out of the same occurrence, has no more
34than two prior alcohol-related convictions within 10 years, as
35specified pursuant to subparagraph (A), and all of the following
36conditions are met:

37(i) The person satisfactorily provides, subsequent to the
38underlying violation date, proof satisfactory to the department of
39enrollment in a nine-month driving-under-the-influence program
40licensed pursuant to Chapter 9 (commencing with Section 11836)
P52   1of Part 2 of Division 10.5 of the Health and Safety Code that
2consists of at least 60 hours of program activities, including
3education, group counseling, and individual interview sessions.

4(ii) The person agrees, as a condition of the restriction, to
5continue satisfactory participation in the program described in
6clause (i).

7(iii) The person installs a functioning, certified ignition interlock
8device and submits the “Verification of Installation” form described
9in paragraph (2) of subdivision (g) of Section 13386.

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

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

14(vi) The person pays all license fees and any restriction fee
15required by the department.

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

19(D) The department shall advise those persons that are eligible
20under subparagraph (C) that after completion of 90 days of the
21suspension period, the person may apply to the department for a
22restricted driver’s license, subject to the conditions set forth in
23subparagraph (C).

24(E) The restricted driving privilege shall become effective when
25the department receives all of the documents and fees required
26under subparagraph (C) and remain in effect for at least the
27remaining period of the original suspension and until the person
28provides satisfactory proof to the department of successful
29completion of a driving-under-the-influence program licensed
30pursuant to Section 11836 of the Health and Safety Code. The
31restricted driving privilege shall be subject to the following
32conditions:

33(i) If the driving privilege is restricted under this section, proof
34of financial responsibility, as described in Section 16430, shall be
35maintained for three years. If the person does not maintain that
36proof of financial responsibility at any time during the restriction,
37the driving privilege shall be suspended until the proof required
38pursuant to Section 16484 is received by the department.

39(ii) For the purposes of this section, enrollment, participation,
40and completion of an approved program shall occur subsequent
P53   1to the date of the current violation. Credit may not be given to a
2program activity completed prior to the date of the current
3violation.

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

12(iv) The department shall terminate the restriction issued
13pursuant to this section and shall immediately suspend the privilege
14to operate a motor vehicle pursuant to subparagraph (A)
15immediately upon receipt of notification from the installer that a
16person has attempted to remove, bypass, or tamper with the ignition
17interlock device, has removed the device prior to the termination
18date of the restriction, or fails three or more times to comply with
19any requirement for the maintenance or calibration of the ignition
20interlock device ordered pursuant to this section. The privilege
21shall remain suspended for the remaining period of the original
22suspension imposed pursuant to subparagraph (A).

23(3) Notwithstanding any other law, if a person has been
24administratively determined to have been driving in violation of
25Section 23136 or to have refused chemical testing pursuant to
26Section 13353.1, the period of suspension shall not be for less than
27one year.

28(c) If a person’s privilege to operate a motor vehicle is
29suspended pursuant to Section 13353.2 and the person is convicted
30of a violation of Section 23152 or 23153, including, but not limited
31to, a violation described in Section 23620, arising out of the same
32occurrence, both the suspension under Section 13353.2 and the
33suspension or revocation under Section 13352 shall be imposed,
34except that the periods of suspension or revocation shall run
35concurrently, and the total period of suspension or revocation shall
36not exceed the longer of the two suspension or revocation periods.

37(d) For the purposes of this section, a conviction of an offense
38in any state, territory, or possession of the United States, the
39District of Columbia, the Commonwealth of Puerto Rico, or
40Canada that, if committed in this state, would be a violation of
P54   1Section 23103, as specified in Section 23103.5, or Section 23140,
223152, or 23153, or Section 191.5 or subdivision (a) of Section
3192.5 of the Penal Code, is a conviction of that particular section
4of the Vehicle Code or Penal Code.

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

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

11

begin deleteSEC. 14.end delete
12
begin insertSEC. 13.end insert  

Section 13353.4 of the Vehicle Code is amended to
13read:

14

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
15or 13353.8, the driving privilege shall not be restored, and a
16restricted or hardship permit to operate a motor vehicle shall not
17be issued, to a person during the suspension or revocation period
18specified in Section 13353, 13353.1, or 13353.3.

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

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

29

begin deleteSEC. 15.end delete
30
begin insertSEC. 14.end insert  

Section 13353.4 is added to the Vehicle Code, to
31read:

32

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
3313353.7, or 13353.8, the driving privilege shall not be restored,
34and a restricted or hardship permit to operate a motor vehicle shall
35not be issued, to a person during the suspension or revocation
36period specified in Section 13353, 13353.1, or 13353.3.

37(b) The privilege to operate a motor vehicle shall not be restored
38after a suspension or revocation pursuant to Section 13352, 13353,
3913353.1, or 13353.2 until all applicable fees, including the fees
40prescribed in Section 14905, have been paid and the person gives
P55   1proof of financial responsibility, as defined in Section 16430, to
2the department.

3(c) This section shall become operative on July 1, 2018.

4(d) This section shall remain in effect only until January 1, 2025,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2025, deletes or extends that date.

7

begin deleteSEC. 16.end delete
8
begin insertSEC. 15.end insert  

Section 13353.4 is added to the Vehicle Code, to
9read:

10

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
11or 13353.8, the driving privilege shall not be restored, and a
12restricted or hardship permit to operate a motor vehicle shall not
13be issued, to a person during the suspension or revocation period
14specified in Section 13353, 13353.1, or 13353.3.

15(b) The privilege to operate a motor vehicle shall not be restored
16after a suspension or revocation pursuant to Section 13352, 13353,
1713353.1, or 13353.2 until all applicable fees, including the fees
18prescribed in Section 14905, have been paid and the person gives
19proof of financial responsibility, as defined in Section 16430, to
20the department.

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

22

begin deleteSEC. 17.end delete
23
begin insertSEC. 16.end insert  

Section 13353.5 of the Vehicle Code is amended to
24read:

25

13353.5.  

(a) If a person whose driving privilege is suspended
26or revoked under Section 13352, former Section 13352.4, Section
2713352.4, Section 13352.6, paragraph (1) of subdivision (g) of
28Section 23247, or paragraph (2) of subdivision (f) of Section 23575
29is a resident of another state at the time the mandatory period of
30suspension or revocation expires, the department may terminate
31the suspension or revocation, upon written application of the
32person, for the purpose of allowing the person to apply for a license
33in his or her state of residence. The application shall include, but
34need not be limited to, evidence satisfactory to the department that
35the applicant now resides in another state.

36(b) If the person submits an application for a California driver’s
37license within three years after the date of the action to terminate
38suspension or revocation pursuant to subdivision (a), a license
39shall not be issued until evidence satisfactory to the department
40establishes that the person is qualified for reinstatement and no
P56   1grounds exist including, but not limited to, one or more subsequent
2convictions for driving under the influence of alcohol or other
3drugs that would support a refusal to issue a license. The
4department may waive the three-year requirement if the person
5provides the department with proof of financial responsibility, as
6defined in Section 16430, and proof satisfactory to the department
7of successful completion of a driving-under-the-influence program
8described in Section 13352, and the driving-under-the-influence
9program is of the length required under paragraphs (1) to (7),
10inclusive, of subdivision (a) of Section 13352.

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

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

17

begin deleteSEC. 18.end delete
18
begin insertSEC. 17.end insert  

Section 13353.5 is added to the Vehicle Code, to
19read:

20

13353.5.  

(a) If a person whose driving privilege is suspended
21or revoked under Section 13352, former Section 13352.4, Section
2213352.4, Section 13352.6, paragraph (1) of subdivision (g) of
23Section 23247, or paragraph (3) of subdivision (e) of Section 13352
24is a resident of another state at the time the mandatory period of
25suspension or revocation expires, the department may terminate
26the suspension or revocation, upon written application of the
27person, for the purpose of allowing the person to apply for a license
28in his or her state of residence. The application shall include, but
29need not be limited to, evidence satisfactory to the department that
30the applicant now resides in another state.

31(b) If the person submits an application for a California driver’s
32license within three years after the date of the action to terminate
33suspension or revocation pursuant to subdivision (a), a license
34shall not be issued until evidence satisfactory to the department
35establishes that the person is qualified for reinstatement and no
36grounds exist including, but not limited to, one or more subsequent
37convictions for driving under the influence of alcohol or other
38drugs that would support a refusal to issue a license. The
39department may waive the three-year requirement if the person
40provides the department with proof of financial responsibility, as
P57   1defined in Section 16430, and proof satisfactory to the department
2of successful completion of a driving-under-the-influence program
3described in Section 13352, and the driving-under-the-influence
4program is of the length required under paragraphs (1) to (7),
5inclusive, of subdivision (a) of Section 13352.

6(c) For the purposes of this section, “state” includes a foreign
7province or country.

8(d) This section shall become operative on July 1, 2018.

9(e) This section shall remain in effect only until January 1, 2025,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2025, deletes or extends that date.

12

begin deleteSEC. 19.end delete
13
begin insertSEC. 18.end insert  

Section 13353.5 is added to the Vehicle Code, to
14read:

15

13353.5.  

(a) If a person whose driving privilege is suspended
16or revoked under Section 13352, former Section 13352.4, Section
1713352.4, Section 13352.6, paragraph (1) of subdivision (g) of
18Section 23247, or paragraph (2) of subdivision (f) of Section 23575
19is a resident of another state at the time the mandatory period of
20suspension or revocation expires, the department may terminate
21the suspension or revocation, upon written application of the
22person, for the purpose of allowing the person to apply for a license
23in his or her state of residence. The application shall include, but
24need not be limited to, evidence satisfactory to the department that
25the applicant now resides in another state.

26(b) If the person submits an application for a California driver’s
27license within three years after the date of the action to terminate
28suspension or revocation pursuant to subdivision (a), a license
29shall not be issued until evidence satisfactory to the department
30establishes that the person is qualified for reinstatement and no
31grounds exist including, but not limited to, one or more subsequent
32convictions for driving under the influence of alcohol or other
33drugs that would support a refusal to issue a license. The
34department may waive the three-year requirement if the person
35provides the department with proof of financial responsibility, as
36defined in Section 16430, and proof satisfactory to the department
37of successful completion of a driving-under-the-influence program
38described in Section 13352, and the driving-under-the-influence
39program is of the length required under paragraphs (1) to (7),
40inclusive, of subdivision (a) of Section 13352.

P58   1(c) For the purposes of this section, “state” includes a foreign
2province or country.

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

4

begin deleteSEC. 20.end delete
5
begin insertSEC. 19.end insert  

Section 13353.6 is added to the Vehicle Code, to
6read:

7

13353.6.  

(a) Notwithstanding any other law, a person whose
8driving privilege has been suspended under Section 13353.2 and
9who is eligible for a restricted driver’s license as provided for in
10Section 13353.7 or 13353.75 may be eligible for a restricted
11driver’s license without serving any period of the suspension if
12the person meets all of the eligibility requirements specified in
13those sections and the person does both of the following:

14(1) The person installs a functioning, certified ignition interlock
15device on any vehicle that he or she own or operates and submits
16the “Verification of Installation” form described in paragraph (2)
17of subdivision (g) of Section 13386.

18(2) The person agrees to maintain the ignition interlock device
19as required under Section 23575.3.

20(b) A person whose driving privilege has been suspended under
21Section 13353.2 may install a functioning, certified ignition
22interlock device prior to the effective date specified in Section
2313353.3. A person who installs a functioning, certified ignition
24interlock device pursuant to this subdivision, meets all of the
25eligibility requirements specified in Section 13353.7 or 13353.75
26and complies with paragraphs (1) and (2) of subdivision (a) is
27eligible for a restricted driver’s license on the effective date
28specified in Section 13353.3.

29(c) The department shall terminate the restriction issued pursuant
30to Section 13353.7 or 13353.75 and shall immediately reinstate
31the suspension of the privilege to operate a motor vehicle upon
32receipt of notification from the ignition interlock device installer
33that a person has attempted to remove, bypass, or tamper with the
34 ignition interlock device, has removed the device prior to the
35termination date of the restriction, or has failed to comply with
36any requirement for the maintenance or calibration of the ignition
37interlock device. The privilege shall remain suspended for the
38remaining mandatory suspension period imposed pursuant to
39Section 13353.3, provided, however, that if the person provides
40proof to the satisfaction of the department that the person is in
P59   1compliance with the restriction issued pursuant to this section, the
2department may, in its discretion, restore the privilege to operate
3a motor vehicle and reimpose the remaining term of the restriction.

4(d) Notwithstanding any other law, a person whose driving
5privilege has been suspended under Section 13353.2, who is
6eligible for a restricted driver’s license as provided for in Section
713353.7 or 13353.75, and who installs a functioning, certified
8ignition interlock device pursuant to this section or Section
913353.75, shall receive credit towards the mandatory term the
10person is required to install a functioning, certified ignition
11interlock device pursuant to Section 23575.3 for a conviction of
12a violation arising out of the same occurrence that led to the
13person’s driving privilege being suspended pursuant to Section
1413352.2 equal to the period of time the person installs a
15functioning, certified ignition interlock device pursuant to this
16section or Section 13353.75.

17(e) This section shall become operative on July 1, 2018.

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

21

begin deleteSEC. 21.end delete
22
begin insertSEC. 20.end insert  

Section 13353.75 is added to the Vehicle Code, to
23read:

24

13353.75.  

(a) Subject to subdivision (d), a person who has
25been previously convicted of, or found to have committed, a
26separate violation of Section 23103, as specified in Section
2723103.5, or Section 23140, 23152, or 23153, or Section 191.5 or
28subdivision (a) of Section 192.5 of the Penal Code, or whose
29privilege to operate a motor vehicle has been suspended or revoked
30pursuant to Section 13353 or 13353.2 for an offense that occurred
31on a separate occasion within 10 years of the occasion in question
32may apply to the department for a restricted driver’s license if the
33person meets all of the following requirements:

34(1) (A) The person satisfactorily provides proof of enrollment
35in a driving-under-the-influence program licensed under Section
3611836 of the Health and Safety Code, as described in subdivision
37(b) of Section 23538.

38(B) The program shall report any failure to participate in the
39program to the department and shall certify successful completion
40of the program to the department.

P60   1(C) If a person who has been issued a restricted license under
2this section fails at any time to participate in the program, the
3department shall suspend the restricted license immediately. The
4department shall give notice of the suspension under this paragraph
5in the same manner as prescribed in subdivision (b) of Section
613353.2 for the period specified in Section 13353.3, that is effective
7upon receipt by the person.

8(2) The person was 21 years of age or older at the time the
9offense occurred and gives proof of financial responsibility as
10defined in Section 16430.

11(3) The person has not been arrested subsequent to the offense
12for which the person’s driving privilege has been suspended under
13Section 13353.2 for a violation of Section 23103, as specified in
14Section 23103.5, or Section 23140, 23152, or 23153, or Section
15191.5 or subdivision (a) of Section 192.5 of the Penal Code, and
16the person’s privilege to operate a motor vehicle has not been
17suspended or revoked pursuant to Section 13353 or 13353.2 for
18an offense that occurred on a separate occasion, notwithstanding
19Section 13551.

20(4) The person installs a functioning, certified ignition interlock
21device on any vehicle that he or she owns or operates and submits
22the “Verification of Installation” form described in paragraph (2)
23of subdivision (g) of Section 13386.

24(5) The person agrees to maintain the ignition interlock device
25as required under Section 23575.3.

26(b) The restriction shall remain in effect for the remaining period
27of the original suspension under Section 13353.2.

28(c) Notwithstanding subdivisions (a) and (b), and upon a
29conviction under Section 23152 or 23153 for the current offense,
30the department shall suspend or revoke the person’s privilege to
31operate a motor vehicle under Section 13352.

32(d) If the driver was operating a commercial vehicle, as defined
33in Section 15210, at the time of the violation that resulted in the
34suspension of that person’s driving privilege under Section
3513353.2, the department shall, pursuant to this section, if the person
36is otherwise eligible, issue the person a class C or class M driver’s
37license restricted in the same manner and subject to the same
38conditions as specified in subdivision (a), except that the license
39may not allow travel to and from or in the course of the person’s
40employment.

P61   1(e) If the holder of a commercial driver’s license was operating
2a motor vehicle, other than a commercial vehicle as defined in
3Section 15210, at the time of the violation that resulted in the
4suspension of that person’s driving privilege pursuant to Section
513353.2, the department shall, pursuant to this section, if the person
6is otherwise eligible, issue the person a class C or class M driver’s
7license restricted in the same manner and subject to the same
8conditions as specified in subdivision (a).

9(f) This section shall remain in effect only until January 1, 2025,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2025, deletes or extends that date.

12

begin deleteSEC. 22.end delete
13
begin insertSEC. 21.end insert  

Section 13386 of the Vehicle Code is amended to
14read:

15

13386.  

(a) (1) The department shall certify or cause to be
16certified ignition interlock devices required by Article 5
17(commencing with Section 23575) of Chapter 2 of Division 11.5
18and publish a list of approved devices.

19(2) (A) The department shall ensure that ignition interlock
20devices that have been certified according to the requirements of
21this section continue to meet certification requirements. The
22department may periodically require manufacturers to indicate in
23writing whether the devices continue to meet certification
24requirements.

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

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

35(ii) The denial of certification for an ignition interlock device
36in another state was due to a failure of an ignition interlock device
37to meet the standards adopted by the regulation set forth in clause
38(i), specifically Sections 1 and 2 of the model specification for
39breath alcohol ignition interlock devices, as published by notice
40in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
P62   1on pages 11774 to 11787, inclusive, or the model specifications
2for breath alcohol ignition interlock devices, as published by notice
3in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013,
4on pages 25489 to 26867, inclusive.

5(C) Failure to continue to meet certification requirements shall
6result in suspension or revocation of certification of ignition
7interlock devices.

8(b) (1) A manufacturer shall not furnish an installer, service
9center, technician, or consumer with technology or information
10that allows a device to be used in a manner that is contrary to the
11purpose for which it is certified.

12(2) Upon a violation of paragraph (1), the department shall
13suspend or revoke the certification of the ignition interlock device
14that is the subject of that violation.

15(c) An installer, service center, or technician shall not tamper
16with, change, or alter the functionality of the device from its
17certified criteria.

18(d) The department shall utilize information from an
19independent, accredited (ISO/IEC 17025) laboratory to certify
20ignition interlock devices of the manufacturer or manufacturer’s
21agent, in accordance with the guidelines. The cost of certification
22shall be borne by the manufacturers of ignition interlock devices.
23If the certification of a device is suspended or revoked, the
24manufacturer of the device shall be responsible for, and shall bear
25the cost of, the removal of the device and the replacement of a
26certified device of the manufacturer or another manufacturer.

27(e) No model of ignition interlock device shall be certified unless
28it meets the accuracy requirements and specifications provided in
29the guidelines adopted by the National Highway Traffic Safety
30Administration.

31(f) All manufacturers of ignition interlock devices that meet the
32requirements of subdivision (e) and are certified in a manner
33approved by the department, who intend to market the devices in
34this state, first shall apply to the department on forms provided by
35that department. The application shall be accompanied by a fee in
36an amount not to exceed the amount necessary to cover the costs
37incurred by the department in carrying out this section.

38(g) The department shall ensure that standard forms and
39procedures are developed for documenting decisions and
P63   1compliance and communicating results to relevant agencies. These
2forms shall include all of the following:

3(1) An “Option to Install,” shall be sent by the department to
4all offenders along with the mandatory order of suspension or
5revocation. This shall include the alternatives available for early
6license reinstatement with the installation of a functioning, certified
7ignition interlock device and shall be accompanied by a toll-free
8telephone number for each manufacturer of a certified ignition
9interlock device. Information regarding approved installation
10locations shall be provided to drivers by manufacturers with
11ignition interlock devices that have been certified in accordance
12with this section.

13(2) A “Verification of Installation” to be returned to the
14department by the reinstating offender upon application for
15reinstatement. Copies shall be provided for the manufacturer or
16the manufacturer’s agent.

17(3) A “Notice of Noncompliance” and procedures to ensure
18continued use of the ignition interlock device during the restriction
19period and to ensure compliance with maintenance requirements.
20The maintenance period shall be standardized at 60 days to
21maximize monitoring checks for equipment tampering.

22(h) The department shall develop rules under which every
23manufacturer and manufacturer’s agent certified by the department
24to provide ignition interlock devices shall provide a fee schedule
25to the department of the manufacturer’s standard ignition interlock
26device program costs, stating the standard charges for installation,
27service and maintenance, and removal of the manufacturer’s device,
28and shall develop a form to be signed by an authorized
29representative of the manufacturer pursuant to which the
30manufacturer agrees to provide functioning, certified ignition
31interlock devices to applicants at the costs described in subdivision
32(k) of Section 23575.3. The form shall contain an acknowledgment
33that the failure of the manufacturer, its agents, or authorized
34installers to comply with subdivision (k) of Section 23575.3 shall
35result in suspension or revocation of the department’s approval
36for the manufacturer to market ignition interlock devices in this
37state.

38(i) A person who manufactures, installs, services, or repairs, or
39otherwise deals in ignition interlock devices shall not disclose,
40sell, or transfer to a third party any individually identifiable
P64   1information pertaining to individuals who are required by law to
2install a functioning, certified ignition interlock device on a vehicle
3that he or she owns or operates, except to the extent necessary to
4confirm or deny that an individual has complied with ignition
5interlock device installation and maintenance requirements.

6(j) This section shall remain in effect only until January 1, 2025,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2025, deletes or extends that date.

9

begin deleteSEC. 23.end delete
10
begin insertSEC. 22.end insert  

Section 13386 is added to the Vehicle Code, to read:

11

13386.  

(a) (1) The department shall certify or cause to be
12certified ignition interlock devices required by Article 5
13(commencing with Section 23575) of Chapter 2 of Division 11.5
14and publish a list of approved devices.

15(2) (A) The department shall ensure that ignition interlock
16devices that have been certified according to the requirements of
17this section continue to meet certification requirements. The
18department may periodically require manufacturers to indicate in
19writing whether the devices continue to meet certification
20requirements.

21(B) The department may use denial of certification, suspension
22or revocation of certification, or decertification of an ignition
23interlock device in another state as an indication that the
24certification requirements are not met, if either of the following
25apply:

26(i) The denial of certification, suspension or revocation of
27certification, or decertification in another state constitutes a
28violation by the manufacturer of Article 2.55 (commencing with
29Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
30California Code of Regulations.

31(ii) The denial of certification for an ignition interlock device
32in another state was due to a failure of an ignition interlock device
33to meet the standards adopted by the regulation set forth in clause
34(i), specifically Sections 1 and 2 of the model specification for
35breath alcohol ignition interlock devices, as published by notice
36in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
37on pages 11774 to 11787, inclusive, or the Model Specifications
38for Breath Alcohol Ignition Interlock Devices, as published by
39notice in the Federal Register, Vol. 78, No. 89, Wednesday, May
408, 2013, on pages 25489 to 26867, inclusive.

P65   1(C) Failure to continue to meet certification requirements shall
2result in suspension or revocation of certification of ignition
3interlock devices.

4(b) (1) A manufacturer shall not furnish an installer, service
5center, technician, or consumer with technology or information
6that allows a device to be used in a manner that is contrary to the
7purpose for which it is certified.

8(2) Upon a violation of paragraph (1), the department shall
9suspend or revoke the certification of the ignition interlock device
10that is the subject of that violation.

11(c) An installer, service center, or technician shall not tamper
12with, change, or alter the functionality of the device from its
13certified criteria.

14(d) The department shall utilize information from an
15independent, accredited (ISO/IEC 17025) laboratory to certify
16ignition interlock devices of the manufacturer or manufacturer’s
17agent, in accordance with the guidelines. The cost of certification
18shall be borne by the manufacturers of ignition interlock devices.
19If the certification of a device is suspended or revoked, the
20manufacturer of the device shall be responsible for, and shall bear
21the cost of, the removal of the device and the replacement of a
22certified device of the manufacturer or another manufacturer.

23(e) A model of ignition interlock device shall not be certified
24unless it meets the accuracy requirements and specifications
25provided in the guidelines adopted by the National Highway Traffic
26Safety Administration.

27(f) All manufacturers of ignition interlock devices that meet the
28requirements of subdivision (e) and are certified in a manner
29approved by the department, who intend to sell the devices in this
30state, first shall apply to the department on forms provided by that
31department. The application shall be accompanied by a fee in an
32amount not to exceed the amount necessary to cover the costs
33incurred by the department in carrying out this section.

34(g) The department shall ensure that standard forms and
35procedures are developed for documenting decisions and
36 compliance and communicating results to relevant agencies. These
37forms shall include all of the following:

38(1) An “Option to Install,” to be sent by the department to repeat
39offenders along with the mandatory order of suspension or
40revocation. This shall include the alternatives available for early
P66   1license reinstatement with the installation of an ignition interlock
2device and shall be accompanied by a toll-free telephone number
3for each manufacturer of a certified ignition interlock device.
4Information regarding approved installation locations shall be
5provided to drivers by manufacturers with ignition interlock devices
6that have been certified in accordance with this section.

7(2) A “Verification of Installation” to be returned to the
8department by the reinstating offender upon application for
9reinstatement. Copies shall be provided for the manufacturer or
10the manufacturer’s agent.

11(3) A “Notice of Noncompliance” and procedures to ensure
12continued use of the ignition interlock device during the restriction
13period and to ensure compliance with maintenance requirements.
14The maintenance period shall be standardized at 60 days to
15maximize monitoring checks for equipment tampering.

16(h) Every manufacturer and manufacturer’s agent certified by
17the department to provide ignition interlock devices shall adopt
18fee schedules that provide for the payment of the costs of the device
19by applicants in amounts commensurate with the applicant’s ability
20to pay.

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

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

30

begin deleteSEC. 24.end delete
31
begin insertSEC. 23.end insert  

Section 13390 is added to the Vehicle Code, to read:

32

13390.  

(a) A temporary license issued pursuant to Section
3313382, 13388, or 13389 shall contain a notice that the person may
34be able to regain driving privileges with the installation of an
35ignition interlock device, that financial assistance may be available
36for that purpose, and a contact for obtaining more information
37regarding the ignition interlock program.

38(b) This section shall remain in effect only until January 1, 2025,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2025, deletes or extends that date.

P67   1

begin deleteSEC. 25.end delete
2
begin insertSEC. 24.end insert  

Section 23103.5 of the Vehicle Code is amended to
3read:

4

23103.5.  

(a) If the prosecution agrees to a plea of guilty or
5nolo contendere to a charge of a violation of Section 23103 in
6satisfaction of, or as a substitute for, an original charge of a
7violation of Section 23152, the prosecution shall state for the record
8a factual basis for the satisfaction or substitution, including whether
9or not there had been consumption of an alcoholic beverage or
10ingestion or administration of a drug, or both, by the defendant in
11connection with the offense. The statement shall set forth the facts
12that show whether or not there was a consumption of an alcoholic
13beverage or the ingestion or administration of a drug by the
14defendant in connection with the offense.

15(b) The court shall advise the defendant, prior to the acceptance
16of the plea offered pursuant to a factual statement pursuant to
17subdivision (a), of the consequences of a conviction of a violation
18of Section 23103 as set forth in subdivision (c).

19(c) If the court accepts the defendant’s plea of guilty or nolo
20contendere to a charge of a violation of Section 23103 and the
21prosecutor’s statement under subdivision (a) states that there was
22consumption of an alcoholic beverage or the ingestion or
23administration of a drug by the defendant in connection with the
24offense, the resulting conviction shall be a prior offense for the
25purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
26as specified in those sections.

27(d) The court shall notify the Department of Motor Vehicles of
28each conviction 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.

31(e) Except as provided in paragraph (1) of subdivision (f), if the
32court places the defendant on probation for a conviction of Section
3323103 that is required under this section to be a prior offense for
34purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
35the court shall order the defendant to enroll in an alcohol and drug
36education program licensed under Chapter 9 (commencing with
37Section 11836) of Part 2 of Division 10.5 of the Health and Safety
38Code and complete, at a minimum, the educational component of
39that program, as a condition of probation. If compelling
40circumstances exist that mitigate against including the education
P68   1component in the order, the court may make an affirmative finding
2to that effect. The court shall state the compelling circumstances
3and the affirmative finding on the record, and may, in these cases,
4exclude the educational component from the order.

5(f) (1) If the court places on probation a defendant convicted
6of a violation of Section 23103 that is required under this section
7to be a prior offense for purposes of Section 23540, 23546, 23550,
823560, 23566, or 23622, and that offense occurred within 10 years
9of a separate conviction of a violation of Section 23103, as
10specified in this section, or within 10 years of a conviction of a
11violation of Section 23152 or 23153, the court shall order the
12defendant to participate for nine months or longer, as ordered by
13the court, in a program licensed under Chapter 9 (commencing
14with Section 11836) of Part 2 of Division 10.5 of the Health and
15Safety Code that consists of at least 60 hours of program activities,
16including education, group counseling, and individual interview
17sessions.

18(2) The court shall revoke the person’s probation, except for
19good cause shown, for the failure to enroll in, participate in, or
20complete a program specified in paragraph (1).

21(g) Commencing July 1, 2018, the court may require a person
22convicted on or after July 1, 2018, of a violation of Section 23103,
23as described in this section, to install a functioning, certified
24ignition interlock device on any vehicle that the person owns or
25operates and prohibit that person from operating a motor vehicle
26unless that vehicle is equipped with a functioning, certified ignition
27interlock device. If the court orders the ignition interlock device
28restriction, the term shall be determined by the court for a period
29of at least three months, but no longer than the term specified in
30Section 23575.3 that would have applied to the defendant had he
31or she instead been convicted of a violation of Section 23152, from
32the date of conviction. The court shall notify the Department of
33Motor Vehicles, as specified in subdivision (a) of Section 1803,
34of the terms of the restrictions in accordance with subdivision (a)
35of Section 1804. The Department of Motor Vehicles shall place
36the restriction in the person’s records in the Department of Motor
37Vehicles. A person who is required to install a functioning, certified
38ignition interlock device pursuant to this subdivision shall submit
39the “Verification of Installation” form described in paragraph (2)
40of subdivision (g) of Section 13386 and maintain the ignition
P69   1interlock device as required under subdivision (f) of Section
223575.3. The department shall monitor the installation and
3maintenance of the ignition interlock device installed pursuant to
4this subdivision.

5(h) The Department of Motor Vehicles shall include in its annual
6report to the Legislature under Section 1821 an evaluation of the
7effectiveness of the programs described in subdivisions (e) and
8(g) as to treating persons convicted of violating Section 23103.

9(i) This section shall remain in effect only until January 1, 2025,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2025, deletes or extends that date.

12

begin deleteSEC. 26.end delete
13
begin insertSEC. 25.end insert  

Section 23103.5 is added to the Vehicle Code, to
14read:

15

23103.5.  

(a) If the prosecution agrees to a plea of guilty or
16nolo contendere to a charge of a violation of Section 23103 in
17satisfaction of, or as a substitute for, an original charge of a
18violation of Section 23152, the prosecution shall state for the record
19a factual basis for the satisfaction or substitution, including whether
20or not there had been consumption of an alcoholic beverage or
21ingestion or administration of a drug, or both, by the defendant in
22connection with the offense. The statement shall set forth the facts
23that show whether or not there was a consumption of an alcoholic
24beverage or the ingestion or administration of a drug by the
25defendant in connection with the offense.

26(b) The court shall advise the defendant, prior to the acceptance
27of the plea offered pursuant to a factual statement pursuant to
28subdivision (a), of the consequences of a conviction of a violation
29of Section 23103 as set forth in subdivision (c).

30(c) If the court accepts the defendant’s plea of guilty or nolo
31contendere to a charge of a violation of Section 23103 and the
32prosecutor’s statement under subdivision (a) states that there was
33consumption of an alcoholic beverage or the ingestion or
34administration of a drug by the defendant in connection with the
35offense, the resulting conviction shall be a prior offense for the
36purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
37as specified in those sections.

38(d) The court shall notify the Department of Motor Vehicles of
39each conviction of Section 23103 that is required under this section
P70   1to be a prior offense for purposes of Section 23540, 23546, 23550,
223560, 23566, or 23622.

3(e) Except as provided in paragraph (1) of subdivision (f), if the
4court places the defendant on probation for a conviction of Section
523103 that is required under this section to be a prior offense for
6purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
7the court shall order the defendant to enroll in an alcohol and drug
8education program licensed under Chapter 9 (commencing with
9Section 11836) of Part 2 of Division 10.5 of the Health and Safety
10Code and complete, at a minimum, the educational component of
11that program, as a condition of probation. If compelling
12circumstances exist that mitigate against including the education
13component in the order, the court may make an affirmative finding
14to that effect. The court shall state the compelling circumstances
15and the affirmative finding on the record, and may, in these cases,
16exclude the educational component from the order.

17(f) (1) If the court places on probation a defendant convicted
18of a violation of Section 23103 that is required under this section
19to be a prior offense for purposes of Section 23540, 23546, 23550,
2023560, 23566, or 23622, and that offense occurred within 10 years
21of a separate conviction of a violation of Section 23103, as
22specified in this section, or within 10 years of a conviction of a
23violation of Section 23152 or 23153, the court shall order the
24defendant to participate for nine months or longer, as ordered by
25the court, in a program licensed under Chapter 9 (commencing
26with Section 11836) of Part 2 of Division 10.5 of the Health and
27Safety Code that consists of at least 60 hours of program activities,
28including education, group counseling, and individual interview
29sessions.

30(2) The court shall revoke the person’s probation, except for
31good cause shown, for the failure to enroll in, participate in, or
32complete a program specified in paragraph (1).

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

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

38

begin deleteSEC. 27.end delete
39
begin insertSEC. 26.end insert  

Section 23247 of the Vehicle Code is amended to
40read:

P71   1

23247.  

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

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

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

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

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

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

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

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

P72   1(h) Notwithstanding any other law, if a vehicle in which a
2functioning, certified ignition interlock device has been installed
3is impounded, the manufacturer or installer of the device shall
4have the right to remove the device from the vehicle during normal
5business hours. No charge shall be imposed for the removal of the
6device nor shall the manufacturer or installer be liable for any
7removal, towing, impoundment, storage, release, or administrative
8costs or penalties associated with the impoundment. Upon request,
9the person seeking to remove the device shall present
10documentation to justify removal of the device from the vehicle.
11Any damage to the vehicle resulting from the removal of the device
12is the responsibility of the person removing it.

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

17

begin deleteSEC. 28.end delete
18
begin insertSEC. 27.end insert  

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

19

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
20or lend a motor vehicle to another person known to have had his
21or her driving privilege restricted as provided in Section 13352,
2213352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
23with a functioning, certified ignition interlock device. A person,
24whose driving privilege is restricted pursuant to Section 13352,
2513352.4, 23575, 23575.3, or 23700 shall notify any other person
26who rents, leases, or loans a motor vehicle to him or her of the
27driving restriction imposed under that section.

28(b) It is unlawful for any person whose driving privilege is
29restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
3023700 to request or solicit any other person to blow into an ignition
31interlock device or to start a motor vehicle equipped with the device
32for the purpose of providing the person so restricted with an
33operable motor vehicle.

34(c) It is unlawful to blow into an ignition interlock device or to
35start a motor vehicle equipped with the device for the purpose of
36providing an operable motor vehicle to a person whose driving
37privilege is restricted pursuant to Section 13352, 13352.4, 23575,
3823575.3, or 23700.

39(d) It is unlawful to remove, bypass, or tamper with, an ignition
40interlock device.

P73   1(e) It is unlawful for any person whose driving privilege is
2restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
323700 to operate any vehicle not equipped with a functioning
4ignition interlock device.

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

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

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

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

33(i) This section shall become operative on July 1, 2018.

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

37

begin deleteSEC. 29.end delete
38
begin insertSEC. 28.end insert  

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

39

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
40or lend a motor vehicle to another person known to have had his
P74   1or her driving privilege restricted as provided in Section 13352,
223575, or 23700, unless the vehicle is equipped with a functioning,
3certified ignition interlock device. A person, whose driving
4privilege is restricted pursuant to Section 13352, 23575, or 23700
5shall notify any other person who rents, leases, or loans a motor
6vehicle to him or her of the driving restriction imposed under that
7section.

8(b) It is unlawful for any person whose driving privilege is
9restricted pursuant to Section 13352, 23575, or 23700 to request
10or solicit any other person to blow into an ignition interlock device
11or to start a motor vehicle equipped with the device for the purpose
12of providing the person so restricted with an operable motor
13vehicle.

14(c) It is unlawful to blow into an ignition interlock device or to
15start a motor vehicle equipped with the device for the purpose of
16providing an operable motor vehicle to a person whose driving
17privilege is restricted pursuant to Section 13352, 23575, or 23700.

18(d) It is unlawful to remove, bypass, or tamper with, an ignition
19interlock device.

20(e) It is unlawful for any person whose driving privilege is
21restricted pursuant to Section 13352, 23575, or 23700 to operate
22any vehicle not equipped with a functioning, certified ignition
23interlock device.

24(f) Any person convicted of a violation of this section shall be
25punished by imprisonment in a county jail for not more than six
26months or by a fine of not more than five thousand dollars ($5,000),
27or by both that fine and imprisonment.

28(g) (1) If any person whose driving privilege is restricted
29pursuant to Section 13352 is convicted of a violation of subdivision
30(e), the court shall notify the Department of Motor Vehicles, which
31shall immediately terminate the restriction and shall suspend or
32revoke the person’s driving privilege for the remaining period of
33the originating suspension or revocation and until all reinstatement
34requirements in Section 13352 are met.

35(2) If any person who is restricted pursuant to subdivision (a)
36or (l) of Section 23575 or Section 23700 is convicted of a violation
37of subdivision (e), the department shall suspend the person’s
38driving privilege for one year from the date of the conviction.

39(h) Notwithstanding any other law, if a vehicle in which a
40functioning, certified ignition interlock device has been installed
P75   1is impounded, the manufacturer or installer of the device shall
2have the right to remove the device from the vehicle during normal
3business hours. No charge shall be imposed for the removal of the
4device nor shall the manufacturer or installer be liable for any
5removal, towing, impoundment, storage, release, or administrative
6costs or penalties associated with the impoundment. Upon request,
7the person seeking to remove the device shall present
8documentation to justify removal of the device from the vehicle.
9Any damage to the vehicle resulting from the removal of the device
10is the responsibility of the person removing it.

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

12

begin deleteSEC. 30.end delete
13
begin insertSEC. 29.end insert  

Section 23573 of the Vehicle Code is amended to
14read:

15

23573.  

(a) The Department of Motor Vehicles, upon receipt
16of the court’s abstract of conviction for a violation listed in
17subdivision (j), shall inform the convicted person of the
18requirements of this section and the term for which the person is
19required to have a functioning, certified ignition interlock device
20installed. The records of the department shall reflect the mandatory
21use of the device for the term required and the time when the device
22is required to be installed pursuant to this code.

23(b) The department shall advise the person that installation of
24 a functioning, certified ignition interlock device on a vehicle does
25not allow the person to drive without a valid driver’s license.

26(c) A person who is notified by the department pursuant to
27subdivision (a) shall, within 30 days of notification, complete all
28of the following:

29(1) Arrange for each vehicle owned or operated by the person
30to be fitted with a functioning, certified ignition interlock device
31by a certified ignition interlock device provider under Section
3213386.

33(2) Notify the department and provide to the department proof
34of installation by submitting the “Verification of Installation” form
35described in paragraph (2) of subdivision (g) of Section 13386.

36(3) Pay to the department a fee sufficient to cover the costs of
37administration of this section, including startup costs, as determined
38by the department.

39(d) The department shall place a restriction on the driver’s
40license record of the convicted person that states the driver is
P76   1restricted to driving only vehicles equipped with a functioning,
2certified ignition interlock device.

3(e) (1) A person who is notified by the department pursuant to
4subdivision (a) shall arrange for each vehicle with an ignition
5interlock device to be serviced by the installer at least once every
660 days in order for the installer to recalibrate and monitor the
7operation of the device.

8(2) The installer shall notify the department if the device is
9removed or indicates that the person has attempted to remove,
10bypass, or tamper with the device, or if the person fails three or
11more times to comply with any requirement for the maintenance
12or calibration of the ignition interlock device.

13(f) The department shall monitor the installation and
14maintenance of the ignition interlock device installed pursuant to
15subdivision (a).

16(g) (1) A person who is notified by the department, pursuant
17to subdivision (a), is exempt from the requirements of subdivision
18(c) if all of the following circumstances occur:

19(A) Within 30 days of the notification, the person certifies to
20the department all of the following:

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

22(ii) The person does not have access to a vehicle at his or her
23residence.

24(iii) The person no longer has access to the vehicle being driven
25by the person when he or she was arrested for a violation that
26subsequently resulted in a conviction for a violation listed in
27subdivision (j).

28(iv) The person acknowledges that he or she is only allowed to
29drive a vehicle that is fitted with a functioning, certified ignition
30interlock device and that he or she is required to have a valid
31driver’s license before he or she can drive.

32(v) The person is subject to the requirements of this section
33when he or she purchases or has access to a vehicle.

34(B) The person’s driver’s license record has been restricted
35pursuant to subdivision (d).

36(C) The person complies with this section immediately upon
37commencing ownership or operation of a vehicle subject to the
38required installation of a functioning, certified ignition interlock
39device.

P77   1(2) A person who has been granted an exemption pursuant to
2this subdivision and who subsequently drives a vehicle in violation
3of the exemption is subject to the penalties of subdivision (i) in
4addition to any other applicable penalties in law.

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

7(i) A person who is required under subdivision (c) to install a
8functioning, certified ignition interlock device who willfully fails
9to install the ignition interlock device within the time period
10required under subdivision (c) is guilty of a misdemeanor and shall
11be punished by imprisonment in a county jail for not more than
12six months or by a fine of not more than five thousand dollars
13($5,000), or by both that fine and imprisonment.

14(j) In addition to all other requirements of this code, a person
15convicted of any of the following violations shall be punished as
16follows:

17(1) Upon a conviction of a violation of Section 14601.2,
1814601.4, or 14601.5 subsequent to one prior conviction of a
19violation of Section 23103.5, 23152, or 23153, within a 10-year
20period, the person shall immediately install a functioning, certified
21 ignition interlock device, pursuant to this section, in all vehicles
22owned or operated by that person for a term of one year.

23(2) Upon a conviction of a violation of Section 14601.2,
2414601.4, or 14601.5 subsequent to two prior convictions of a
25violation of Section 23103.5, 23152, or 23153, within a 10-year
26period, or one prior conviction of Section 14601.2, 14601.4, or
2714601.5, within a 10-year period, the person shall immediately
28install a functioning, certified ignition interlock device, pursuant
29to this section, in all vehicles owned or operated by that person
30for a term of two years.

31(3) Upon a conviction of a violation of Section 14601.2,
3214601.4, or 14601.5 subsequent to three or more prior convictions
33of a violation of Section 23103.5, 23152, or 23153, within a
3410-year period, or two or more prior convictions of Section
3514601.2, 14601.4, or 14601.5, within a 10-year period, the person
36shall immediately install a functioning, certified ignition interlock
37device, pursuant to this section, in all vehicles owned or operated
38by that person for a term of three years.

39(k) The department shall notify the court if a person subject to
40this section has failed to show proof of installation within 30 days
P78   1of the department informing the person he or she is required to
2install a functioning, certified ignition interlock device.

3(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
4to this section.

5(m) The requirements of this section are in addition to any other
6requirements of law.

7(n) This section shall become inoperative on July 1, 2018, and,
8as of January 1, 2019, is repealed, unless a later enacted statute,
9that becomes operative on or before January 1, 2019, deletes or
10extends the dates on which it becomes inoperative and is repealed.

11

begin deleteSEC. 31.end delete
12
begin insertSEC. 30.end insert  

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

13

23573.  

(a) The Department of Motor Vehicles, upon receipt
14of the court’s abstract of conviction for a violation listed in
15subdivision (j), shall inform the convicted person of the
16requirements of this section and the term for which the person is
17required to have a functioning, certified ignition interlock device
18installed. The records of the department shall reflect the mandatory
19use of the device for the term required and the time when the device
20is required to be installed pursuant to this code.

21(b) The department shall advise the person that installation of
22 a functioning, certified ignition interlock device on a vehicle does
23not allow the person to drive without a valid driver’s license.

24(c) A person who is notified by the department pursuant to
25subdivision (a) shall, within 30 days of notification, complete all
26of the following:

27(1) Arrange for each vehicle owned or operated by the person
28to be fitted with a functioning, certified ignition interlock device
29by a certified ignition interlock device provider under Section
3013386.

31(2) Notify the department and provide to the department proof
32of installation by submitting the “Verification of Installation” form
33described in paragraph (2) of subdivision (g) of Section 13386.

34(3) Pay to the department a fee sufficient to cover the costs of
35administration of this section, including startup costs, as determined
36by the department.

37(d) The department shall place a restriction on the driver’s
38license record of the convicted person that states the driver is
39restricted to driving only vehicles equipped with a functioning,
40certified ignition interlock device.

P79   1(e) (1) A person who is notified by the department pursuant to
2subdivision (a) shall arrange for each vehicle with an ignition
3interlock device to be serviced by the installer at least once every
460 days in order for the installer to recalibrate and monitor the
5operation of the device.

6(2) The installer shall notify the department if the device is
7removed or indicates that the person has attempted to remove,
8bypass, or tamper with the device, or if the person fails three or
9more times to comply with any requirement for the maintenance
10or calibration of the ignition interlock device.

11(f) The department shall monitor the installation and
12maintenance of the functioning, certified ignition interlock device
13installed pursuant to subdivision (a).

14(g) (1) A person who is notified by the department, pursuant
15to subdivision (a), is exempt from the requirements of subdivision
16(c) if all of the following circumstances occur:

17(A) Within 60 days of the notification, the person certifies to
18the department all of the following:

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

20(ii) The person does not have access to a vehicle at his or her
21residence.

22(iii) The person no longer has access to the vehicle being driven
23by the person when he or she was arrested for a violation that
24subsequently resulted in a conviction for a violation listed in
25subdivision (j).

26(iv) The person acknowledges that he or she is only allowed to
27drive a vehicle that is fitted with a functioning, certified ignition
28interlock device and that he or she is required to have a valid
29driver’s license before he or she can drive.

30(v) The person is subject to the requirements of this section
31when he or she purchases or has access to a vehicle.

32(B) The person’s driver’s license record has been restricted
33pursuant to subdivision (d).

34(C) The person complies with this section immediately upon
35commencing ownership or operation of a vehicle subject to the
36required installation of a functioning, certified ignition interlock
37device.

38(2) A person who has been granted an exemption pursuant to
39this subdivision and who subsequently drives a vehicle in violation
P80   1of the exemption is subject to the penalties of subdivision (i) in
2addition to any other applicable penalties in law.

3(h) This section does not permit a person to drive without a
4valid driver’s license.

5(i) A person who is required under subdivision (c) to install a
6functioning, certified ignition interlock device who willfully fails
7to install the ignition interlock device within the time period
8required under subdivision (c) is guilty of a misdemeanor and shall
9be punished by imprisonment in a county jail for not more than
10six months or by a fine of not more than five thousand dollars
11($5,000), or by both that fine and imprisonment.

12(j) In addition to all other requirements of this code, a person
13convicted of any of the following violations shall be punished as
14follows:

15(1) Upon a conviction of a violation of Section 14601.2,
1614601.4, or 14601.5 subsequent to one prior conviction of a
17violation of Section 23103.5, 23152, or 23153, within a 10-year
18period, the person shall immediately install a functioning, certified
19ignition interlock device, pursuant to this section, in all vehicles
20owned or operated by that person for a term of one year.

21(2) Upon a conviction of a violation of Section 14601.2,
2214601.4, or 14601.5 subsequent to two prior convictions of a
23violation of Section 23103.5, 23152, or 23153, within a 10-year
24period, or one prior conviction of Section 14601.2, 14601.4, or
2514601.5, within a 10-year period, the person shall immediately
26install a functioning, certified ignition interlock device, pursuant
27to this section, in all vehicles owned or operated by that person
28for a term of two years.

29(3) Upon a conviction of a violation of Section 14601.2,
3014601.4, or 14601.5 subsequent to three or more prior convictions
31of a violation of Section 23103.5, 23152, or 23153, within a
3210-year period, or two or more prior convictions of Section
3314601.2, 14601.4, or 14601.5, within a 10-year period, the person
34shall immediately install a functioning, certified ignition interlock
35device, pursuant to this section, in all vehicles owned or operated
36by that person for a term of three years.

37(k) The department shall notify the court if a person subject to
38this section has failed to show proof of installation within 30 days
39of the department informing the person he or she is required to
40install a functioning, certified ignition interlock device.

P81   1(l) Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply
2to this section.

3(m) The requirements of this section are in addition to any other
4requirements of law.

5(n) This section shall become operative on July 1, 2018.

6(o) This section shall remain in effect only until January 1, 2025,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2025, deletes or extends that date.

9

begin deleteSEC. 32.end delete
10
begin insertSEC. 31.end insert  

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

11

23573.  

(a) The Department of Motor Vehicles, upon receipt
12of the court’s abstract of conviction for a violation listed in
13subdivision (j), shall inform the convicted person of the
14requirements of this section and the term for which the person is
15required to have a functioning, certified ignition interlock device
16installed. The records of the department shall reflect the mandatory
17use of the device for the term required and the time when the device
18is required to be installed pursuant to this code.

19(b) The department shall advise the person that installation of
20a functioning, certified ignition interlock device on a vehicle does
21not allow the person to drive without a valid driver’s license.

22(c) A person who is notified by the department pursuant to
23subdivision (a) shall, within 30 days of notification, complete all
24of the following:

25(1) Arrange for each vehicle owned or operated by the person
26to be fitted with a functioning, certified ignition interlock device
27by a certified ignition interlock device provider under Section
2813386.

29(2) Notify the department and provide to the department proof
30of installation by submitting the “Verification of Installation” form
31described in paragraph (2) of subdivision (g) of Section 13386.

32(3) Pay to the department a fee sufficient to cover the costs of
33administration of this section, including startup costs, as determined
34by the department.

35(d) The department shall place a restriction on the driver’s
36license record of the convicted person that states the driver is
37restricted to driving only vehicles equipped with a functioning,
38certified ignition interlock device.

39(e) (1) A person who is notified by the department pursuant to
40subdivision (a) shall arrange for each vehicle with an ignition
P82   1interlock device to be serviced by the installer at least once every
260 days in order for the installer to recalibrate and monitor the
3operation of the device.

4(2) The installer shall notify the department if the device is
5removed or indicates that the person has attempted to remove,
6bypass, or tamper with the device, or if the person fails three or
7more times to comply with any requirement for the maintenance
8or calibration of the ignition interlock device.

9(f) The department shall monitor the installation and
10maintenance of the ignition interlock device installed pursuant to
11subdivision (a).

12(g) (1) A person who is notified by the department, pursuant
13to subdivision (a), is exempt from the requirements of subdivision
14(c) if all of the following circumstances occur:

15(A) Within 30 days of the notification, the person certifies to
16the department all of the following:

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

18(ii) The person does not have access to a vehicle at his or her
19residence.

20(iii) The person no longer has access to the vehicle being driven
21by the person when he or she was arrested for a violation that
22subsequently resulted in a conviction for a violation listed in
23subdivision (j).

24(iv) The person acknowledges that he or she is only allowed to
25drive a vehicle that is fitted with a functioning, certified ignition
26interlock device and that he or she is required to have a valid
27driver’s license before he or she can drive.

28(v) The person is subject to the requirements of this section
29when he or she purchases or has access to a vehicle.

30(B) The person’s driver’s license record has been restricted
31pursuant to subdivision (d).

32(C) The person complies with this section immediately upon
33commencing ownership or operation of a vehicle subject to the
34required installation of a functioning, certified ignition interlock
35device.

36(2) A person who has been granted an exemption pursuant to
37this subdivision and who subsequently drives a vehicle in violation
38of the exemption is subject to the penalties of subdivision (i) in
39addition to any other applicable penalties in law.

P83   1(h) This section does not permit a person to drive without a
2valid driver’s license.

3(i) A person who is required under subdivision (c) to install a
4functioning, certified ignition interlock device who willfully fails
5to install the ignition interlock device within the time period
6required under subdivision (c) is guilty of a misdemeanor and shall
7be punished by imprisonment in a county jail for not more than
8six months or by a fine of not more than five thousand dollars
9($5,000), or by both that fine and imprisonment.

10(j) In addition to all other requirements of this code, a person
11convicted of any of the following violations shall be punished as
12follows:

13(1) Upon a conviction of a violation of Section 14601.2,
1414601.4, or 14601.5 subsequent to one prior conviction of a
15violation of Section 23103.5, 23152, or 23153, within a 10-year
16period, the person shall immediately install a functioning, certified
17ignition interlock device, pursuant to this section, in all vehicles
18owned or operated by that person for a term of one year.

19(2) Upon a conviction of a violation of Section 14601.2,
2014601.4, or 14601.5 subsequent to two prior convictions of a
21violation of Section 23103.5, 23152, or 23153, within a 10-year
22period, or one prior conviction of Section 14601.2, 14601.4, or
2314601.5, within a 10-year period, the person shall immediately
24install a functioning, certified ignition interlock device, pursuant
25to this section, in all vehicles owned or operated by that person
26for a term of two years.

27(3) Upon a conviction of a violation of Section 14601.2,
2814601.4, or 14601.5 subsequent to three or more prior convictions
29of a violation of Section 23103.5, 23152, or 23153, within a
3010-year period, or two or more prior convictions of Section
3114601.2, 14601.4, or 14601.5, within a 10-year period, the person
32shall immediately install a functioning, certified ignition interlock
33device, pursuant to this section, in all vehicles owned or operated
34by that person for a term of three years.

35(k) The department shall notify the court if a person subject to
36this section has failed to show proof of installation within 30 days
37of the department informing the person he or she is required to
38install a functioning, certified ignition interlock device.

39(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply
40to this section.

P84   1(m) The requirements of this section are in addition to any other
2requirements of law.

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

4

begin deleteSEC. 33.end delete
5
begin insertSEC. 32.end insert  

Section 23575 of the Vehicle Code is amended to
6read:

7

23575.  

(a) (1) In addition to any other law, the court may
8require that a person convicted of a first offense violation of
9Section 23152 or 23153 install a functioning, certified ignition
10interlock device on any vehicle that the person owns or operates
11and prohibit that person from operating a motor vehicle unless that
12vehicle is equipped with a functioning, certified ignition interlock
13device. The court shall give heightened consideration to applying
14this sanction to a first offense violator with 0.15 percent or more,
15by weight, of alcohol in his or her blood at arrest, or with two or
16more prior moving traffic violations, or to persons who refused
17the chemical tests at arrest. If the court orders the ignition interlock
18device restriction, the term shall be determined by the court for a
19period not to exceed three years from the date of conviction. The
20court shall notify the Department of Motor Vehicles, as specified
21in subdivision (a) of Section 1803, of the terms of the restrictions
22in accordance with subdivision (a) of Section 1804. The
23Department of Motor Vehicles shall place the restriction in the
24person’s records in the Department of Motor Vehicles.

25(2) The court shall require a person convicted of a violation of
26Section 14601.2 to install a functioning, certified ignition interlock
27device on any vehicle that the person owns or operates and prohibit
28the person from operating a motor vehicle unless the vehicle is
29equipped with a functioning, certified ignition interlock device.
30The term of the restriction shall be determined by the court for a
31period not to exceed three years from the date of conviction. The
32court shall notify the Department of Motor Vehicles, as specified
33in subdivision (a) of Section 1803, of the terms of the restrictions
34in accordance with subdivision (a) of Section 1804. The
35Department of Motor Vehicles shall place the restriction in the
36person’s records in the Department of Motor Vehicles.

37(b) The court shall include on the abstract of conviction or
38violation submitted to the Department of Motor Vehicles under
39Section 1803 or 1816 the requirement and term for the use of a
40 functioning, certified ignition interlock device. The records of the
P85   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
19 a 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
P86   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
12ignition interlock device to be serviced by the installer at least
13once every 60 days in order for the installer to recalibrate the device
14and monitor the operation of the device. The installer shall notify
15the Department of Motor Vehicles if the device is removed or
16indicates 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 is
35equipped 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.

P87   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
9subdivision (a) of Section 1803, of the terms of the restrictions in
10accordance with subdivision (a) of Section 1804. The Department
11of Motor Vehicles shall place the restriction in the person’s records
12in the Department of Motor Vehicles.

13(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 vehicle
21that 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 inoperative on July 1, 2018, and,
31as of January 1, 2019, is repealed, unless a later enacted statute,
32that becomes operative on or before January 1, 2019, deletes or
33extends the dates on which it becomes inoperative and is repealed.

34

begin deleteSEC. 34.end delete
35
begin insertSEC. 33.end insert  

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

36

23575.  

(a) The court shall require a person convicted of a
37violation of Section 14601.2 to install a functioning, certified
38ignition interlock device on any vehicle that the person owns or
39operates and prohibit the person from operating a motor vehicle
40unless the vehicle is equipped with a functioning, certified ignition
P88   1interlock device. The term of the restriction shall be determined
2by the court for a period not to exceed three years from the date
3of conviction. The court shall notify the Department of Motor
4Vehicles, as specified in subdivision (a) of Section 1803, of the
5terms of the restrictions in accordance with subdivision (a) of
6Section 1804. The Department of Motor Vehicles shall place the
7restriction in the person’s records in the Department of Motor
8Vehicles.

9(b) The court shall include on the abstract of conviction or
10violation submitted to the Department of Motor Vehicles under
11Section 1803 or 1816 the requirement and term for the use of a
12functioning, certified ignition interlock device. The records of the
13department shall reflect mandatory use of the device for the term
14ordered by the court.

15(c) The court shall advise the person that installation of an
16ignition interlock device on a vehicle does not allow the person to
17drive without a valid driver’s license.

18(d) A person whose driving privilege is restricted by the court
19pursuant to this section shall arrange for each vehicle with a
20functioning, certified ignition interlock device to be serviced by
21the installer at least once every 60 days in order for the installer
22to recalibrate and monitor the operation of the device. The installer
23shall notify the court if the device is removed or indicates that the
24person has attempted to remove, bypass, or tamper with the device,
25or if the person fails to comply with a requirement for the
26maintenance or calibration of the ignition interlock device. There
27is no obligation for the installer to notify the court if the person
28has complied with all of the requirements of this article.

29(e) The court shall monitor the installation and maintenance of
30a functioning, certified ignition interlock device restriction ordered
31pursuant to subdivision (a) or (i). If a person fails to comply with
32the court order, the court shall give notice of the fact to the
33department pursuant to Section 40509.1.

34(f) Nothing in this section permits a person to drive without a
35valid driver’s license.

36(g) Pursuant to this section, an out-of-state resident who
37otherwise would qualify for an ignition interlock device restricted
38license in California shall be prohibited from operating a motor
39vehicle in California unless that vehicle is equipped with a
40functioning, certified ignition interlock device. An ignition
P89   1interlock device is not required to be installed on any vehicle
2owned by the defendant that is not driven in California.

3(h) If a medical problem does not permit a person to breathe
4with sufficient strength to activate the device, that person shall
5only have the suspension option.

6(i) This section does not restrict a court from requiring
7installation of a functioning, certified ignition interlock device and
8prohibiting operation of a motor vehicle unless that vehicle is
9equipped with a functioning, certified ignition interlock device for
10a person to whom subdivision (a) does not apply. The term of the
11restriction shall be determined by the court for a period not to
12exceed three years from the date of conviction. The court shall
13notify the Department of Motor Vehicles, as specified in
14subdivision (a) of Section 1803, of the terms of the restrictions in
15accordance with subdivision (a) of Section 1804. The Department
16of Motor Vehicles shall place the restriction in the person’s records
17in the Department of Motor Vehicles.

18(j) For the purposes of this section, “vehicle” does not include
19a motorcycle until the state certifies an ignition interlock device
20that can be installed on a motorcycle. Any person subject to an
21ignition interlock device restriction shall not operate a motorcycle
22for the duration of the ignition interlock device restriction period.

23(k) For the purposes of this section, “owned” means solely
24owned or owned in conjunction with another person or legal entity.
25For purposes of this section, “operates” includes operating a vehicle
26that is not owned by the person subject to this section.

27(l) For the purposes of this section, “bypass” means either of
28the following:

29(1) Failure to take any random retest.

30(2) Failure to pass any random retest with a blood alcohol
31concentration not exceeding 0.03 percent, by weight of alcohol,
32in the person’s blood.

33(m) The department shall adopt regulations specifying the
34intervals between random retests.

35(n) For purposes of this section, “random retest” means a breath
36test performed by a certified ignition interlock device at random
37intervals after the initial engine startup breath test and while the
38vehicle’s motor is running.

39(o) This section shall become operative on July 1, 2018.

P90   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.

4

begin deleteSEC. 35.end delete
5
begin insertSEC. 34.end insert  

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

6

23575.  

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

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
P91   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
P92   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
4 for 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 device
14and monitor the operation of the device. The installer shall notify
15the Department of Motor Vehicles if the device is removed or
16indicates 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 is
35equipped 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.

P93   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
9subdivision (a) of Section 1803, of the terms of the restrictions in
10accordance with subdivision (a) of Section 1804. The Department
11of Motor Vehicles shall place the restriction in the person’s records
12in the Department of Motor Vehicles.

13(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 vehicle
21that 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.

31

begin deleteSEC. 36.end delete
32
begin insertSEC. 35.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 a functioning,
37certified 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.

P94   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
10a functioning, certified ignition interlock device on a vehicle does
11not 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 a functioning, certified ignition interlock
16device by a certified ignition interlock device provider under
17Section 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 a functioning, certified ignition
37interlock 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.

P95   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 a functioning,
10certified 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 with a functioning,
13certified 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 install a functioning, certified ignition
25interlock device pursuant to this section for the applicable term,
26as follows:

27(1) A person convicted of a violation of subdivision (a), (b),
28(d), or (f) of Section 23152 shall be required to install a functioning,
29certified ignition interlock device, as follows:

30(A) Upon a conviction with no priors,begin insert unless the court finds it
31would not be in the best interests of justice to do so, and enters
32that finding on the record,end insert
the person shall install a functioning,
33certified ignition interlock device inbegin delete all vehiclesend deletebegin insert the vehicle, as
34ordered by the court, that isend insert
owned or operated by that person for
35a mandatory term of six months.

36(B) Upon a conviction with one prior, the person shall install a
37functioning, certified ignition interlock device inbegin delete all vehiclesend deletebegin insert the
38vehicle, as ordered by the court, that isend insert
owned or operated by that
39person for a mandatory term of 12 months.

P96   1(C) Upon a conviction with two priors, the person shall install
2a functioning, certified ignition interlock device inbegin delete all vehiclesend deletebegin insert the
3vehicle, as ordered by the court, that isend insert
owned or operated by that
4 person for a mandatory term of 24 months.

5(D) Upon a conviction with three or more priors, the person
6shall install a functioning, certified ignition interlock device inbegin delete all
7vehiclesend delete
begin insert the vehicle, as ordered by the court, that isend insert owned or
8operated by that person for a mandatory term of 36 months.

9(2) A person convicted of a violation of subdivision (a), (b),
10(d), or (f) of Section 23153 shall install a functioning, certified
11ignition interlock device, as follows:

12(A) Upon a conviction with no priors, the person shall install a
13functioning, certified ignition interlock device inbegin delete all vehiclesend deletebegin insert the
14vehicle, as ordered by the court, that isend insert
owned or operated by that
15person for a mandatory term of 12 months.

16(B) Upon a conviction with one prior, the person shall install a
17functioning, certified ignition interlock device inbegin delete all vehiclesend deletebegin insert the
18vehicle, as ordered by the court, that isend insert
owned or operated by that
19person for a mandatory term of 24 months.

20(C) Upon a conviction with two priors, the person shall install
21a functioning, certified ignition interlock device inbegin delete all vehiclesend deletebegin insert the
22vehicle, as ordered by the court, that isend insert
owned or operated by that
23person for a mandatory term of 36 months.

24(D) Upon a conviction with three or more priors, the person
25shall install a functioning, certified ignition interlock device inbegin delete all
26vehiclesend delete
begin insert the vehicle, as ordered by the court, that isend insert owned or
27operated by that person for a mandatory term of 48 months.

28(3) For the purposes of paragraphs (1) and (2), “prior” means
29a conviction for a violation of Section 23103, as specified in
30Section 23103.5, or Section 23140, 23152, or 23153, or Section
31191.5 or subdivision (a) of Section 192.5 of the Penal Code.

32(4) The terms prescribed in this subdivision shall begin once a
33person has complied with subparagraph (B) of paragraph (1) of
34subdivision (d) and either upon the reinstatement of the privilege
35to drive pursuant to Section 13352 or the issuance of a restricted
36driver’s license pursuant to Section 13352 or 13352.4. A person
37shall receive credit for any period in which he or she had a
38restricted driver’s license issued pursuant to Section 13353.3 or
3913353.7 and he or she was in compliance with Section 13353.6.

P97   1(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to
2this section.

3(j) If a person fails to comply with any of the requirements
4regarding ignition interlock devices, the period in which the person
5was not in compliance shall not be credited towards the mandatory
6term for which the ignition interlock device is required to be
7installed.

8(k) (1) Every manufacturer and manufacturer’s agent certified
9by the department to provide ignition interlock devices, under
10Section 13386, shall adopt the following fee schedule that provides
11for the payment of the costs of the certified ignition interlock
12device by offenders subject to this chapter in amounts
13commensurate with that person’s income relative to the federal
14 poverty level, as defined in Section 127400 of the Health and
15Safety Code:

16(A) A person with an income at 100 percent of the federal
17poverty level or below and who provides income verification
18pursuant to paragraph (2) is responsible for 10 percent of the cost
19of the manufacturer’s standard ignition interlock device program
20costs, and any additional costs accrued by the person for
21noncompliance with program requirements.

22(B) A person with an income at 101 to 200 percent of the federal
23poverty level and who provides income verification pursuant to
24paragraph (2) is responsible for 25 percent of the cost of the
25manufacturer’s standard ignition interlock device program costs,
26and any additional costs accrued by the person for noncompliance
27with program requirements.

28(C) A person with an income at 201 to 300 percent of the federal
29poverty level and who provides income verification pursuant to
30paragraph (2) is responsible for 50 percent of the cost of the
31manufacturer’s standard ignition interlock device program costs,
32 and any additional costs accrued by the person for noncompliance
33with program requirements.

34(D) A person who is receiving CalFresh benefits and who
35provides proof of those benefits to the manufacturer or
36manufacturer’s agent or authorized installer is responsible for 50
37percent of the cost of the manufacturer’s standard ignition interlock
38device program costs, and any additional costs accrued by the
39person for noncompliance with program requirements.

P98   1(E) A person with an income at 301 to 400 percent of the federal
2poverty level and who provides income verification pursuant to
3paragraph (2) is responsible for 90 percent of the cost of the
4manufacturer’s standard ignition interlock device program costs,
5and any additional costs accrued by the person for noncompliance
6with program requirements.

7(F) All other offenders are responsible for 100 percent of the
8cost of the ignition interlock device.

9(G) The manufacturer is responsible for the percentage of costs
10that the offender is not responsible for pursuant to subparagraphs
11(A) through (E), inclusive.

12(2) The ignition interlock device provider shall verify the
13offender’s income to determine the cost of the ignition interlock
14device pursuant to this subdivision by verifying one of the
15following documents from the offender:

16(A) The previous year’s federal income tax return.

17(B) The previous three months of weekly or monthly income
18 statements.

19(C) Employment Development Department verification of
20unemployment benefits.

21(l) The Department of Consumer Affairs may impose a civil
22assessment not to exceed one thousand dollars ($1,000) upon a
23manufacturer or manufacturer’s agent certified to provide ignition
24interlock devices who fails to inform an offender subject to this
25chapter of the provisions of subdivision (k), or who fails to comply
26with the provisions of subdivision (k).

27(m) This section does not permit a person to drive without a
28valid driver’s license.

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

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

36(p) This section shall become operative on July 1, 2018.

37(q) 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.

P99   1

begin deleteSEC. 37.end delete
2
begin insertSEC. 36.end insert  

Section 23575.5 is added to the Vehicle Code, to
3read:

4

23575.5.  

(a) On or beforebegin delete January 1, 2024, theend deletebegin insert March 1, 2023,
5the Department of Motor Vehicles shall report data to theend insert

6 Legislative Analyst’s Officebegin delete shall report to the Legislatureend delete
7 regarding the implementation and efficacy of the program enacted
8by the act that added this section.

9(b) Thebegin delete reportend deletebegin insert dataend insert described in subdivision (a) shall, at a
10minimum, include all of the following:

11(1) begin deleteWhether anyone who was end deletebegin insertThe number of individuals who
12were end insert
required to have a functioning, certified ignition interlock
13device installed as a result of the programbegin insert whoend insert killed or injured
14anyone in an accident while he or she was operating a vehicle
15under the influence of alcohol.

16(2) begin deleteWhether anyone who was end deletebegin insertThe number of individuals who
17were end insert
required to have a functioning, certified ignition interlock
18device installed as a result of the programbegin delete wasend deletebegin insert who wereend insert convicted
19of an alcohol-related violation of Section 23103, as specified in
20Section 23103.5, or Section 23140, 23152, or 23153, or Section
21191.5 or subdivision (a) of Section 192.5 of the Penal Code during
22the term in which the person was required to have the ignition
23interlock device installed.

24(3) begin deleteA comparison of the end deletebegin insertThe end insertnumber of injuries and deaths
25resulting from alcohol-related motor vehicle accidents between
26July 1, 2018, and January 1, 2023, inclusive, and during periods
27of similar duration prior to the implementation of the program.

28(4) begin deleteA comparison of the end deletebegin insertThe end insertnumber of individuals who have
29been convicted more than one time for driving under the influence
30of alcohol between July 1, 2018, and January 1, 2023, inclusive,
31and periods of similar duration prior to the implementation of the
32program.

33(5) begin deleteThe end deletebegin insertAny other information requested by the Legislative
34Analyst’s Office to assess the end insert
effectiveness of the statewide ignition
35interlock device requirement in reducing recidivism for
36driving-under-the-influence violations.

37(c) The Legislative Analyst’s Officebegin delete is authorized to collect
38information for this report from state and local government
39agencies.end delete
begin insert shall assess the program based on the data provided
P100  1pursuant to subdivision (b) and shall report to the Legislature on
2the outcomes of the program no later than January 1, 2024.end insert

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

5(e) (1) This section shall become operative on July 1, 2018.

6(2) This section is repealed as of January 1, 2029, unless a later
7enacted statute, that becomes operative on or before January 1,
82029, deletes or extends the dates on which it becomes inoperative
9and is repealed.

10

begin deleteSEC. 38.end delete
11
begin insertSEC. 37.end insert  

Section 23576 of the Vehicle Code is amended to
12read:

13

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
14person is required to operate a motor vehicle in the course and
15scope of his or her employment and if the vehicle is owned by the
16employer, the person may operate that vehicle without installation
17of a functioning, certified ignition interlock device if the employer
18has been notified by the person that the person’s driving privilege
19has been restricted pursuant to Section 23575 or 23700 and if the
20person has proof of that notification in his or her possession, or if
21the notice, or a facsimile copy thereof, is with the vehicle.

22(b) A motor vehicle owned by a business entity that is all or
23partly owned or controlled by a person otherwise subject to Section
2423575 or 23700, is not a motor vehicle owned by the employer
25subject to the exemption in subdivision (a).

26(c) This section shall become inoperative on July 1, 2018, and,
27as of January 1, 2019, is repealed, unless a later enacted statute,
28that becomes operative on or before January 1, 2019, deletes or
29extends the dates on which it becomes inoperative and is repealed.

30

begin deleteSEC. 39.end delete
31
begin insertSEC. 38.end insert  

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

32

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
3323700, if a person is required to operate a motor vehicle in the
34course and scope of his or her employment and if the vehicle is
35owned by the employer, the person may operate that vehicle
36without installation of a functioning, certified approved ignition
37interlock device if the employer has been notified by the person
38that the person’s driving privilege has been restricted pursuant to
39Section 23575, 23575.3, or 23700 and if the person has proof of
P101  1that notification in his or her possession, or if the notice, or a
2facsimile copy thereof, is with the vehicle.

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

7(c) This section shall become operative on July 1, 2018.

8(d) This section shall remain in effect only until January 1, 2025,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2025, deletes or extends that date.

11

begin deleteSEC. 40.end delete
12
begin insertSEC. 39.end insert  

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

13

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
14person is required to operate a motor vehicle in the course and
15scope of his or her employment and if the vehicle is owned by the
16employer, the person may operate that vehicle without installation
17of a functioning, certified ignition interlock device if the employer
18has been notified by the person that the person’s driving privilege
19has been restricted pursuant to Section 23575 or 23700 and if the
20person has proof of that notification in his or her possession, or if
21the notice, or a facsimile copy thereof, is with the vehicle.

22(b) A motor vehicle owned by a business entity that is all or
23partly owned or controlled by a person otherwise subject to Section
2423575 or 23700 is not a motor vehicle owned by the employer
25subject to the exemption in subdivision (a).

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

27

begin deleteSEC. 41.end delete
28
begin insertSEC. 40.end insert  

Section 23597 of the Vehicle Code is amended to
29read:

30

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
3113352, a court may order a 10-year revocation of the driver’s
32license of a person who has been convicted of three or more
33separate violations of Section 23152 or 23153, the last of which
34is punishable under Section 23546, 23550, 23550.5, or 23566.
35When making this order, the court shall consider all of the
36following:

37(1) The person’s level of remorse for the acts.

38(2) The period of time that has elapsed since the person’s
39previous convictions.

40(3) The person’s blood-alcohol level at the time of the violation.

P102  1(4) The person’s participation in an alcohol treatment program.

2(5) The person’s risk to traffic or public safety.

3(6) The person’s ability to install a functioning, certified ignition
4interlock device in each motor vehicle that he or she owns or
5operates.

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

11(c) (1) Five years from the date of the last conviction of a
12violation of Section 23152 or 23153, a person whose license was
13revoked pursuant to subdivision (a) may apply to the department
14to have his or her privilege to operate a motor vehicle reinstated,
15subject to the condition that the person submits the “Verification
16of Installation” form described in paragraph (2) of subdivision (g)
17of Section 13386 and agrees to maintain a functioning, certified
18ignition interlock device as required under subdivision (g) of
19Section 23575. Notwithstanding Chapter 5 (commencing with
20Section 23700) or subdivision (f) of Section 23575, the ignition
21interlock device shall remain on the person’s motor vehicle for
22 two years following the reinstatement of the person’s driving
23privilege pursuant to this section.

24(2) The department shall reinstate the person’s license pursuant
25to paragraph (1), if the person satisfies all of the following
26conditions:

27(A) The person was not convicted of any drug- or alcohol-related
28offenses, under state law, during the driver’s license revocation
29period.

30(B) The person successfully completed a
31driving-under-the-influence program, licensed pursuant to Section
3211836 of the Health and Safety Code, following the date of the
33last conviction of a violation of Section 23152 or 23153.

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

37(3) The department shall immediately terminate the restriction
38issued pursuant to this section and shall immediately revoke the
39privilege to operate a motor vehicle of a person who attempts to
40remove, bypass, or tamper with the device, who has the device
P103  1removed prior to the termination date of the restriction, or who
2fails three or more times to comply with any requirement for the
3maintenance or calibration of the ignition interlock device. The
4privilege shall remain revoked for the remaining period of the
5original revocation and until all reinstatement requirements are
6met.

7(d) This section shall become inoperative on July 1, 2018, and,
8as of January 1, 2019, is repealed, unless a later enacted statute,
9that becomes operative on or before January 1, 2019, deletes or
10extends the dates on which it becomes inoperative and is repealed.

11

begin deleteSEC. 42.end delete
12
begin insertSEC. 41.end insert  

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

13

23597.  

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

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

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

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

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

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

26(6) The person’s ability to install a functioning, certified ignition
27interlock device in each motor vehicle that he or she owns or
28operates.

29(b) Upon receipt of a duly certified abstract of the record of the
30court showing the court has ordered a 10-year revocation of a
31driver’s license pursuant to this section, the department shall revoke
32the person’s driver’s license for 10 years, except as provided in
33subdivision (c).

34(c) (1) Five years from the date of the last conviction of a
35violation of Section 23152 or 23153, a person whose license was
36revoked pursuant to subdivision (a) may apply to the department
37to have his or her privilege to operate a motor vehicle reinstated,
38subject to the condition that the person submits the “Verification
39of Installation” form described in paragraph (2) of subdivision (g)
40of Section 13386 and agrees to maintain a functioning, certified
P104  1ignition interlock device as required under subdivision (f) of
2Section 23575.3. Notwithstanding Chapter 5 (commencing with
3Section 23700) or Section 23575.3, the ignition interlock device
4shall remain on the person’s motor vehicle for two years following
5the reinstatement of the person’s driving privilege pursuant to this
6section.

7(2) The department shall reinstate the person’s license pursuant
8to paragraph (1), if the person satisfies all of the following
9conditions:

10(A) The person was not convicted of any drug- or alcohol-related
11offenses, under state law, during the driver’s license revocation
12period.

13(B) The person successfully completed a
14driving-under-the-influence program, licensed pursuant to Section
1511836 of the Health and Safety Code, following the date of the
16last conviction of a violation of Section 23152 or 23153 of this
17code.

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 revoke the privilege to
22operate a motor vehicle of a person who attempts to remove,
23bypass, or tamper with the device, who has the device removed
24prior to the termination date of the restriction, or who fails to
25comply with any requirement for the maintenance or calibration
26of the ignition interlock device. The privilege shall remain revoked
27for the remaining period of the original revocation and until all
28reinstatement requirements are met, provided, however, that if the
29person provides proof to the satisfaction of the department that the
30person is in compliance with the restriction issued pursuant to this
31section, the department may, in its discretion, restore the privilege
32to operate a motor vehicle and reimpose the remaining term of the
33restriction.

34(d) This section shall become operative on July 1, 2018.

35(e) 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.

38

begin deleteSEC. 43.end delete
39
begin insertSEC. 42.end insert  

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

P105  1

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
213352, a court may order a 10-year revocation of the driver’s
3license of a person who has been convicted of three or more
4separate violations of Section 23152 or 23153, the last of which
5is punishable under Section 23546, 23550, 23550.5, or 23566.
6When making this order, the court shall consider all of the
7following:

8(1) The person’s level of remorse for the acts.

9(2) The period of time that has elapsed since the person’s
10previous convictions.

11(3) The person’s blood-alcohol level at the time of the violation.

12(4) The person’s participation in an alcohol treatment program.

13(5) The person’s risk to traffic or public safety.

14(6) The person’s ability to install a certified ignition interlock
15device in each motor vehicle that he or she owns or operates.

16(b) Upon receipt of a duly certified abstract of the record of the
17court showing the court has ordered a 10-year revocation of a
18driver’s license pursuant to this section, the department shall revoke
19the person’s driver’s license for 10 years, except as provided in
20 subdivision (c).

21(c) (1) Five years from the date of the last conviction of a
22violation of Section 23152 or 23153, a person whose license was
23revoked pursuant to subdivision (a) may apply to the department
24to have his or her privilege to operate a motor vehicle reinstated,
25subject to the condition that the person submits the “Verification
26of Installation” form described in paragraph (2) of subdivision (g)
27of Section 13386 and agrees to maintain the ignition interlock
28device as required under subdivision (g) of Section 23575.
29Notwithstanding Chapter 5 (commencing with Section 23700) or
30subdivision (f) of Section 23575, the ignition interlock device shall
31remain on the person’s motor vehicle for two years following the
32reinstatement of the person’s driving privilege pursuant to this
33section.

34(2) The department shall reinstate the person’s license pursuant
35to paragraph (1), if the person satisfies all of the following
36conditions:

37(A) The person was not convicted of any drug- or alcohol-related
38offenses, under state law, during the driver’s license revocation
39period.

P106  1(B) The person successfully completed a
2driving-under-the-influence program, licensed pursuant to Section
311836 of the Health and Safety Code, following the date of the
4last conviction of a violation of Section 23152 or 23153.

5(C) The person was not convicted of violating Section 14601,
614601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
7revocation period.

8(3) The department shall immediately terminate the restriction
9issued pursuant to this section and shall immediately revoke the
10privilege to operate a motor vehicle of a person who attempts to
11remove, bypass, or tamper with the device, who has the device
12removed prior to the termination date of the restriction, or who
13fails three or more times to comply with any requirement for the
14maintenance or calibration of the ignition interlock device. The
15privilege shall remain revoked for the remaining period of the
16original revocation and until all reinstatement requirements are
17met.

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

19

begin deleteSEC. 44.end delete
20
begin insertSEC. 43.end insert  

Section 23702 of the Vehicle Code is amended to
21read:

22

23702.  

This chapter shall become inoperative on July 1, 2018,
23and, as of January 1, 2019, is repealed, unless a later enacted
24statute, that becomes operative on or before January 1, 2019,
25deletes or extends the dates on which it becomes inoperative and
26is repealed.

27

begin deleteSEC. 45.end delete
28
begin insertSEC. 44.end insert  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.



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