Amended in Assembly August 19, 2016

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, Gonzalez, Lackey, Levine, Lopez, Maienschein, Rodriguez, Santiago, and Waldron)

February 12, 2016


An act to amend Sections 9807, 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 untilbegin delete July 1, 2018.end deletebegin insert January 1, 2019.end insert Effectivebegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert and until January 1,begin delete 2025,end deletebegin insert 2026,end insert the bill would make an individual whose license has been suspended for driving a motor vehicle when he or she has a certain blood-alcohol concentration and who is eligible for a restricted driver’s license eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.

The bill would also require, commencingbegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert and until January 1,begin delete 2025,end deletebegin insert 2026,end insert 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 on the vehicle, as ordered by the court, that is the vehicle that he or shebegin delete owns orend delete operates. The bill would, commencingbegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert and until January 1,begin delete 2025,end deletebegin insert 2026,end insert also authorize a person convicted of driving a motor vehicle under the influence, including a person who was convicted of a first offense of driving a motor vehicle under the influence, with injury, if all other requirements are satisfied, including the installation of an ignition interlock device, to apply for a restricted driver’s license without completing a period of license suspension or revocation. The bill would require the department to, if a person maintains an ignition interlock device for the specified required time, reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied. The bill would, commencingbegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert and until January 1,begin delete 2025,end deletebegin insert 2026,end insert authorize a court to require a person convicted of a specified type of reckless driving to install a certified ignition interlock device on any vehicle that the personbegin delete owns orend delete operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a specified period of time. The bill would require thebegin delete Legislative Analyst’s Officeend deletebegin insert Transportation Agencyend insert to issue a report to the Legislature by January 1,begin delete 2024,end deletebegin insert 2025,end insert regarding the implementation and efficacy of these provisions.begin insert The bill would reinstate current law as described above as of January 1, 2026.end insert

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, commencingbegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert until January 1,begin delete 2025,end deletebegin insert 2026,end insert 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.

20

SEC. 2.  

Section 9848 of the Business and Professions Code is
21amended to read:

22

9848.  

All proceedings to contest a citationbegin insert for a violation of
23subdivision (k) of Section 23575.3 of the Vehicle Codeend insert
or to deny
24registration or suspend, revoke, or place on probation a registration
25shall be conducted pursuant to Chapter 5 (commencing with
26Section 11500) of Part 1 of Division 3 of Title 2 of the Government
27Code.

28

SEC. 3.  

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

P6    1

9882.14.  

(a) The bureau shall cooperate with the Office of
2Traffic Safety and adopt standards for the installation, maintenance,
3and servicing of certified ignition interlock devices by automotive
4repair dealers.

5(b) The manufacturers of certified ignition interlock devices
6shall comply with standards established by the bureau for the
7installation of those ignition interlock devices.

8(c) The bureau may charge manufacturers of certified interlock
9ignition devices a fee to recover the cost of monitoring installation
10standards.

11(d) (1) The director may issue a citation to, or suspend or revoke
12the registration of, an automotive repair dealer who installs,
13maintains, and services ignition interlock devices if the automotive
14repair dealer is not in compliance with subdivision (k) of Section
1523575.3 of the Vehicle Code.

16(2) An automotive repair dealer shall provide to an individual
17receiving ignition interlock device services the information
18provided in subdivision (k) of Section 23575.3 of the Vehicle Code
19along with the contact telephone number of the bureau.

20

SEC. 4.  

Section 13352 of the Vehicle Code is amended to read:

21

13352.  

(a) The department shall immediately suspend or
22revoke the privilege of a person to operate a motor vehicle upon
23the receipt of an abstract of the record of a court showing that the
24person has been convicted of a violation of Section 23152 or 23153,
25subdivision (a) of Section 23109, or Section 23109.1, or upon the
26receipt of a report of a judge of the juvenile court, a juvenile traffic
27hearing officer, or a referee of a juvenile court showing that the
28person has been found to have committed a violation of Section
2923152 or 23153, subdivision (a) of Section 23109, or Section
3023109.1. If an offense specified in this section occurs in a vehicle
31defined in Section 15210, the suspension or revocation specified
32in this subdivision also applies to the noncommercial driving
33privilege. The commercial driving privilege shall be disqualified
34 as specified in Sections 15300 to 15302, inclusive. For the purposes
35of this section, suspension or revocation shall be as follows:

36(1) Except as required under Section 13352.1 or 13352.4, upon
37a conviction or finding of a violation of Section 23152 punishable
38under Section 23536, the privilege shall be suspended for a period
39of six months. The privilege shall not be reinstated until the person
40gives proof of financial responsibility and gives proof satisfactory
P7    1to the department of successful completion of a
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code described in subdivision (b)
4of Section 23538 of this code. If the court, as authorized under
5paragraph (3) of subdivision (b) of Section 23646, elects to order
6a person to enroll in, participate in, and complete either program
7described in subdivision (b) of Section 23542, the department shall
8require that program in lieu of the program described in subdivision
9(b) of Section 23538. For the purposes of this paragraph, enrollment
10in, participation in, and completion of an approved program shall
11occur subsequent to the date of the current violation. Credit shall
12not be given to any program activities completed prior to the date
13of the current violation.

14(2) Upon a conviction or finding of a violation of Section 23153
15punishable under Section 23554, the privilege shall be suspended
16for a period of one year. The privilege shall not be reinstated until
17the person gives proof of financial responsibility and gives proof
18satisfactory to the department of successful completion of a
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code as described in subdivision
21(b) of Section 23556 of this code. If the court, as authorized under
22paragraph (3) of subdivision (b) of Section 23646, elects to order
23a person to enroll in, participate in, and complete either program
24described in subdivision (b) of Section 23542, the department shall
25require that program in lieu of the program described in Section
2623556. For the purposes of this paragraph, enrollment,
27participation, and completion of an approved program shall occur
28subsequent to the date of the current violation. Credit shall not be
29given to any program activities completed prior to the date of the
30current violation.

31(3) Except as provided in Section 13352.5, upon a conviction
32or finding of a violation of Section 23152 punishable under Section
3323540, the privilege shall be suspended for two years. The privilege
34shall not be reinstated until the person gives proof of financial
35responsibility and gives proof satisfactory to the department of
36successful completion of a driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code
38as described in subdivision (b) of Section 23542 of this code. For
39 the purposes of this paragraph, enrollment in, participation in, and
40completion of an approved program shall be subsequent to the date
P8    1of the current violation. Credit shall not be given to any program
2activities completed prior to the date of the current violation. The
3department shall advise the person that he or she may apply to the
4department for a restriction of the driving privilege if the person
5meets all of the following requirements:

6(A) Completion of 12 months of the suspension period, or
7completion of 90 days of the suspension period if the underlying
8conviction did not include the use of drugs as defined in Section
9312 and the person was found to be only under the influence of an
10alcoholic beverage at the time of the violation.

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

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

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

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

27(E) The person agrees to maintain the functioning, certified
28ignition interlock device as required under subdivision (g) of
29Section 23575.

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

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

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

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

39(4) Except as provided in this paragraph, upon a conviction or
40finding of a violation of Section 23153 punishable under Section
P9    123560, the privilege shall be revoked for a period of three years.
2The privilege may not be reinstated until the person gives proof
3of financial responsibility, and the person gives proof satisfactory
4to the department of successful completion of a
5driving-under-the-influence program licensed pursuant to Section
611836 of the Health and Safety Code, as described in paragraph
7(4) of subdivision (b) of Section 23562 of this code. For the
8purposes of this paragraph, enrollment in, participation in, and
9completion of an approved program shall occur subsequent to the
10date of the current violation. Credit shall not be given to any
11program activities completed prior to the date of the current
12violation. The department shall advise the person that after the
13completion of 12 months of the revocation period, which may
14include credit for a suspension period served under subdivision
15(c) of Section 13353.3, he or she may apply to the department for
16a restricted driver’s license if the person meets all of the following
17 requirements:

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

21(i) The initial 12 months of an 18-month
22driving-under-the-influence program licensed pursuant to Section
2311836 of the Health and Safety Code if a 30-month program is
24unavailable in the person’s county of residence or employment.

25(ii) The initial 12 months of 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 submits the “Verification of Installation” form
33described in paragraph (2) of subdivision (g) of Section 13386.

34(D) The person agrees to maintain the functioning, certified
35ignition interlock device as required under subdivision (g) of
36Section 23575.

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

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

P10   1(G) The restriction shall remain in effect for the period required
2in subdivision (f) of Section 23575.

3(5) Except as provided in this paragraph, upon a conviction or
4finding of a violation of Section 23152 punishable under Section
523546, the privilege shall be revoked for a period of three years.
6The privilege shall not be reinstated until the person files proof of
7financial responsibility and gives proof satisfactory to the
8department of successful completion of an 18-month
9driving-under-the-influence program licensed pursuant to Section
1011836 of the Health and Safety Code, as described in subdivision
11(b) or (c) of Section 23548 of this 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, which
23may include credit for a suspension period served under subdivision
24(c) of Section 13353.3, if the person meets all of the following
25requirements:

26(A) Completion of 12 months of the suspension period, or
27completion of six months of the suspension period if the underlying
28conviction did not include the use of drugs as defined in Section
29312 and the person was found to be only under the influence of an
30alcoholic beverage at the time of the violation.

31(B) 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
35 driving-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
P11   111836 of the Health and Safety Code, if available in the county of
2the person’s residence or employment.

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

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

8(E) The person agrees to maintain the functioning, certified
9ignition interlock device as required under subdivision (g) of
10Section 23575.

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

13(G) An individual convicted of a violation of Section 23152
14punishable under Section 23546 may also, at any time after
15sentencing, petition the court for referral to an 18-month
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code, or, if available in the county
18of the person’s residence or employment, a 30-month
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code. Unless good cause is shown,
21the court shall order the referral.

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

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

27(J) The restriction shall remain in effect for the period required
28in subdivision (f) of Section 23575.

29(6) Except as provided in this paragraph, upon a conviction or
30finding of a violation of Section 23153 punishable under Section
3123550.5 or 23566, the privilege shall be revoked for a period of
32five years. The privilege may not be reinstated until the person
33gives proof of financial responsibility and gives proof satisfactory
34to the department of successful completion of a
35driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code as described in subdivision
37(b) of Section 23568 of this code, or if available in the county of
38the person’s residence or employment, a 30-month
39driving-under-the-influence program licensed pursuant to Section
4011836 of the Health and Safety Code, or a program specified in
P12   1Section 8001 of the Penal Code. For the purposes of this paragraph,
2enrollment in, participation in, and completion of an approved
3program shall be subsequent to the date of the current violation.
4Credit shall not be given to any program activities completed prior
5to the date of the current violation. The department shall advise
6the person that after completion of 12 months of the revocation
7period, which may include credit for a suspension period served
8 under subdivision (c) of Section 13353.3, he or she may apply to
9the department for a restricted driver’s license if the person meets
10all of the following requirements:

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

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

18(ii) Completion of the initial 12 months of an 18-month
19driving-under-the-influence program licensed pursuant to Section
20 11836 of the Health and Safety Code, if a 30-month program is
21unavailable in the person’s county of residence or employment.

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

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

27(D) The person agrees to maintain the functioning, certified
28ignition interlock device as required under subdivision (g) of
29Section 23575.

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

32(F) An individual convicted of a violation of Section 23153
33punishable under Section 23566 may also, at any time after
34sentencing, petition the court for referral to an 18-month
35driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code, or, if available in the county
37of the person’s residence or employment, a 30-month
38driving-under-the-influence program licensed pursuant to Section
3911836 of the Health and Safety Code. Unless good cause is shown,
40the court shall order the referral.

P13   1(G) The person pays all applicable reinstatement or reissue fees
2and any restriction fee required by the department.

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

5(7) Except as provided in this paragraph, upon a conviction or
6finding of a violation of Section 23152 punishable under Section
723550 or 23550.5, or of a violation of Section 23153 punishable
8under Section 23550.5, the privilege shall be revoked for a period
9of four years. The privilege shall not be reinstated until the person
10files proof of financial responsibility and gives proof satisfactory
11to the department of successful completion of an 18-month
12driving-under-the-influence program licensed pursuant to Section
1311836 of the Health and Safety Code, if a 30-month program is
14unavailable in the person’s county of residence or employment,
15or, if available in the county of the person’s residence or
16employment, a 30-month driving-under-the-influence program
17licensed pursuant to Section 11836 of the Health and Safety Code,
18or a program specified in Section 8001 of the Penal Code. For the
19purposes of this paragraph, enrollment in, participation in, and
20completion of an approved program shall occur subsequent to the
21date of the current violation. Credit shall not be given to any
22program activities completed prior to the date of the current
23violation. The department shall advise the person that after
24completion of 12 months of the revocation period, which may
25include credit for a suspension period served under subdivision
26(c) of Section 13353.3, he or she may apply to the department for
27a restricted driver’s license if the person meets all of the following
28requirements:

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

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

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

P14   1(B) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (A).

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

6(D) The person agrees to maintain the functioning, certified
7ignition interlock device as required under subdivision (g) of
8Section 23575.

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

11(F) An individual convicted of a violation of Section 23152
12punishable under Section 23550 may also, at any time after
13sentencing, petition the court for referral to an 18-month
14driving-under-the-influence program licensed pursuant to Section
1511836 of the Health and Safety Code, or, if available in the county
16of the person’s residence or employment, a 30-month
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code. Unless good cause is shown,
19the court shall order the referral.

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

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

24(8) Upon a conviction or finding of a violation of subdivision
25(a) of Section 23109 that is punishable under subdivision (e) of
26that section or Section 23109.1, the privilege shall be suspended
27for a period of 90 days to six months, if ordered by the court. The
28privilege shall not be reinstated until the person gives proof of
29financial responsibility, as defined in Section 16430.

30(9) Upon a conviction or finding of a violation of subdivision
31(a) of Section 23109 that is punishable under subdivision (f) of
32that section, the privilege shall be suspended for a period of six
33months, if ordered by the court. The privilege shall not be reinstated
34until the person gives proof of financial responsibility, as defined
35in Section 16430.

36(b) For the purpose of paragraphs (2) to (9), inclusive, of
37subdivision (a), the finding of the juvenile court judge, the juvenile
38hearing officer, or the referee of a juvenile court of a commission
39of a violation of Section 23152 or 23153, subdivision (a) of Section
P15   123109, or Section 23109.1, as specified in subdivision (a) of this
2section, is a conviction.

3(c) A judge of a juvenile court, juvenile hearing officer, or
4referee of a juvenile court shall immediately report the findings
5specified in subdivision (a) to the department.

6(d) A conviction of an offense in a state, territory, or possession
7of the United States, the District of Columbia, the Commonwealth
8of Puerto Rico, or Canada that, if committed in this state, would
9be a violation of Section 23152, is a conviction of Section 23152
10for the purposes of this section, and a conviction of an offense
11that, if committed in this state, would be a violation of Section
1223153, is a conviction of Section 23153 for the purposes of this
13section. The department shall suspend or revoke the privilege to
14operate a motor vehicle pursuant to this section upon receiving
15notice of that conviction.

16(e) For the purposes of the restriction conditions specified in
17paragraphs (3) to (7), inclusive, of subdivision (a), the department
18shall terminate the restriction imposed pursuant to this section and
19shall suspend or revoke the person’s driving privilege upon receipt
20of notification from the driving-under-the-influence program that
21the person has failed to comply with the program requirements.
22The person’s driving privilege shall remain suspended or revoked
23for the remaining period of the original suspension or revocation
24imposed under this section and until all reinstatement requirements
25described in this section are met.

26(f) For the purposes of this section, completion of a program is
27the following:

28(1) Satisfactory completion of all program requirements
29approved pursuant to program licensure, as evidenced by a
30certificate of completion issued, under penalty of perjury, by the
31licensed program.

32(2) Certification, under penalty of perjury, by the director of a
33program specified in Section 8001 of the Penal Code, that the
34person has completed a program specified in Section 8001 of the
35Penal Code.

36(g) The holder of a commercial driver’s license who was
37operating a commercial motor vehicle, as defined in Section 15210,
38at the time of a violation that resulted in a suspension or revocation
39of the person’s noncommercial driving privilege under this section
P16   1is not eligible for the restricted driver’s license authorized under
2paragraphs (3) to (7), inclusive, of subdivision (a).

begin delete

3(h) This section shall become inoperative on July 1, 2018, and,
4as of January 1, 2019, is repealed, unless a later enacted statute,
5 that becomes operative on or before January 1, 2019, deletes or
6extends the dates on which it becomes inoperative and is repealed.

end delete
begin insert

7
(h) This section shall remain in effect only until January 1, 2019,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2019, deletes or extends that date.

end insert
10

SEC. 5.  

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

11

13352.  

(a) The department shall immediately suspend or
12revoke the privilege of a person to operate a motor vehicle upon
13the receipt of an abstract of the record of a court showing that the
14person has been convicted of a violation of Section 23152 or 23153,
15subdivision (a) of Section 23109, or Section 23109.1, or upon the
16receipt of a report of a judge of the juvenile court, a juvenile traffic
17hearing officer, or a referee of a juvenile court showing that the
18person has been found to have committed a violation of Section
1923152 or 23153, subdivision (a) of Section 23109, or Section
2023109.1. If an offense specified in this section occurs in a vehicle
21defined in Section 15210, the suspension or revocation specified
22in this subdivision applies also to the noncommercial driving
23privilege. The commercial driving privilege shall be disqualified
24as specified in Sections 15300 to 15302, inclusive. For the purposes
25of this section, suspension or revocation shall be as follows:

26(1) Except as required under Section 13352.1 or 13352.4, upon
27a conviction or finding of a violation of Section 23152 punishable
28under Section 23536, the privilege shall be suspended for a period
29of six months. The privilege shall not be reinstated until the person
30gives proof of financial responsibility and gives proof satisfactory
31to the department of successful completion of a
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code described in subdivision (b)
34of Section 23538 of this code. If the court, as authorized under
35paragraph (3) of subdivision (b) of Section 23646, elects to order
36a person to enroll in, participate in, and complete either program
37described in subdivision (b) of Section 23542, the department shall
38require that program in lieu of the program described in subdivision
39(b) of Section 23538. For the purposes of this paragraph, enrollment
40in, participation in, and completion of an approved program shall
P17   1occur subsequent to the date of the current violation. Credit shall
2not be given to any program activities completed prior to the date
3of the current violation.

4(2) Upon a conviction or finding of a violation of Section 23153
5punishable under Section 23554, the privilege shall be suspended
6for a period of one year. The privilege shall not be reinstated until
7the person gives proof of financial responsibility and gives proof
8satisfactory to 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 23556 of this code. If the court, as authorized under
12paragraph (3) of subdivision (b) of Section 23646, elects to order
13a person to enroll in, participate in, and complete either program
14described in subdivision (b) of Section 23542, the department shall
15require that program in lieu of the program described in Section
1623556. For the purposes of this paragraph, enrollment in,
17participation in, and completion of an approved program shall
18occur subsequent to the date of the current violation. Credit shall
19not be given to any program activities completed prior to the date
20of the current violation. The department shall advise the person
21that he or she may apply to the department for a restricted driver’s
22license if the person meets all of the following requirements:

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

26(i) Proof of enrollment in a driving-under-the-influence program
27licensed pursuant to Section 11836 of the Health and Safety Code,
28as described in subdivision (b) of Section 23556 of this code.

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

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

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

38(D) The person agrees to maintain the functioning, certified
39ignition interlock device as required under Section 23575.3, if
40applicable.

P18   1(E) The person provides proof of financial responsibility, as
2defined in Section 16430.

3(F) The person pays all reissue fees and any restriction fee
4required 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(3) Except as provided in Section 13352.5, upon a conviction
11or finding of a violation of Section 23152 punishable under Section
1223540, the privilege shall be suspended for two years. The privilege
13shall not be reinstated until the person gives proof of financial
14responsibility and gives proof satisfactory to the department of
15successful completion of a driving-under-the-influence program
16licensed pursuant to Section 11836 of the Health and Safety Code
17 as described in subdivision (b) of Section 23542 of this code. For
18the purposes of this paragraph, enrollment in, participation in, and
19completion of an approved program shall occur subsequent to the
20date of the current violation. Credit shall not be given to any
21program activities completed prior to the date of the current
22violation. The department shall advise the person that he or she
23may apply to the department for a restricted driver’s license if the
24person meets all 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) Proof of enrollment in an 18-month
29driving-under-the-influence program licensed pursuant to Section
30 11836 of the Health and Safety Code if a 30-month program is
31unavailable in the person’s county of residence or employment.

32(ii) Proof of enrollment in 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 complies with Section 23575.3, if applicable.

P19   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) The person pays all reissue fees and any restriction fee
7required by the department.

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

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

13(4) Except as provided in this paragraph, upon a conviction or
14finding of a violation of Section 23153 punishable under Section
1523560, the privilege shall be revoked for a period of three years.
16The privilege may not be reinstated until the person gives proof
17of financial responsibility, and the person gives proof satisfactory
18to the department of successful completion of a
19driving-under-the-influence program licensed pursuant to Section
2011836 of the Health and Safety Code, as described in paragraph
21(4) of subdivision (b) of Section 23562 of this code. For the
22purposes of this paragraph, enrollment in, participation in, and
23completion of an approved program shall occur subsequent to the
24date of the current violation. Credit shall not be given to any
25program activities completed prior to the date of the current
26violation. The department shall advise the person that he or she
27may apply to the department for a restricted driver’s license if the
28person meets all of the following requirements:

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

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

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

P20   1(B) The person agrees, as a condition of the restriction, to
2continue satisfactory participation in the program described in
3subparagraph (A).

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

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

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

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

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

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

17(5) Except as provided in this paragraph, upon a conviction or
18finding of a violation of Section 23152 punishable under Section
1923546, the privilege shall be revoked for a period of three years.
20The privilege shall not be reinstated until the person files proof of
21financial responsibility and gives proof satisfactory to the
22department of successful completion of an 18-month
23driving-under-the-influence program licensed pursuant to Section
2411836 of the Health and Safety Code, as described in subdivision
25(b) or (c) of Section 23548 of this code, if a 30-month program is
26unavailable in the person’s county of residence or employment,
27or, if available in the county of the person’s residence or
28employment, a 30-month driving-under-the-influence program
29licensed pursuant to Section 11836 of the Health and Safety Code,
30or a program specified in Section 8001 of the Penal Code. For the
31purposes of this paragraph, enrollment in, participation in, and
32completion of an approved program shall occur subsequent to the
33date of the current violation. Credit shall not be given to any
34program activities completed prior to the date of the current
35violation. The department shall advise the person that he or she
36may apply to the department for a restricted driver’s license if the
37person meets all of the following requirements:

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

P21   1(i) Proof of enrollment in an 18-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code if a 30-month program is
4unavailable in the person’s county of residence or employment.

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

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

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

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

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

18(F) An individual convicted of a violation of Section 23152
19punishable under Section 23546 may also, at any time after
20sentencing, petition the court for referral to an 18-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, or, if available in the county
23of the person’s residence or employment, a 30-month
24driving-under-the-influence program licensed pursuant to Section
2511836 of the Health and Safety Code. Unless good cause is shown,
26the court shall order the referral.

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

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

32(I) The restriction shall remain in effect for the period required
33in subdivision (e).

34(6) Except as provided in this paragraph, upon a conviction or
35finding of a violation of Section 23153 punishable under Section
3623550.5 or 23566, the privilege shall be revoked for a period of
37five years. The privilege may not be reinstated until the person
38gives proof of financial responsibility and gives proof satisfactory
39to the department of successful completion of a
40driving-under-the-influence program licensed pursuant to Section
P22   111836 of the Health and Safety Code as described in subdivision
2(b) of Section 23568, or if available in the county of the person’s
3residence or employment, a 30-month driving-under-the-influence
4program licensed pursuant to Section 11836 of the Health and
5Safety Code, or a program specified in Section 8001 of the Penal
6Code. For the purposes of this paragraph, enrollment in,
7participation in, and completion of an approved program shall be
8subsequent to the date of the current violation. Credit shall not be
9given to any program activities completed prior to the date of the
10current violation. The department shall advise the person that he
11or she may apply to the department for a restricted driver’s license
12if the person meets all of the following requirements:

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

16(i) Proof of enrollment in a 30-month
17driving-under-the-influence program licensed pursuant to Section
1811836 of the Health and Safety Code, if available in the county of
19the person’s residence or employment.

20(ii) Proof of enrollment in an 18-month
21driving-under-the-influence program licensed pursuant to Section
2211836 of the Health and Safety Code, if a 30-month program is
23unavailable in the person’s county of residence or employment.

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 complies with Section 23575.3, if applicable.

28(D) The person agrees to maintain the functioning, certified
29ignition interlock device as required under Section 23575.3, if
30applicable.

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

33(F) An individual convicted of a violation of Section 23153
34punishable under Section 23566 may also, at any time after
35sentencing, petition the court for referral to an 18-month
36driving-under-the-influence program licensed pursuant to Section
3711836 of the Health and Safety Code, or, if available in the county
38of the person’s residence or employment, a 30-month
39driving-under-the-influence program licensed pursuant to Section
P23   111836 of the Health and Safety Code. Unless good cause is shown,
2the court shall order the referral.

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

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

10(7) Except as provided in this paragraph, upon a conviction or
11finding of a violation of Section 23152 punishable under Section
1223550 or 23550.5, or of a violation of Section 23153 punishable
13under Section 23550.5, the privilege shall be revoked for a period
14of four years. The privilege shall not be reinstated until the person
15files proof of financial responsibility and gives proof satisfactory
16to the department of successful completion 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,
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
P24   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
8ignition 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 23550 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(8) Upon a conviction or finding of a violation of subdivision
29(a) of Section 23109 that is punishable under subdivision (e) of
30that section or Section 23109.1, the privilege shall be suspended
31for a period of 90 days to six months, if ordered by the court. The
32privilege shall not be reinstated until the person gives proof of
33financial responsibility, as defined in Section 16430.

34(9) Upon a conviction or finding of a violation of subdivision
35(a) of Section 23109 that is punishable under subdivision (f) of
36that section, the privilege shall be suspended for a period of six
37months, if ordered by the court. The privilege shall not be reinstated
38 until the person gives proof of financial responsibility, as defined
39in Section 16430.

P25   1(b) For the purpose of paragraphs (2) to (9), inclusive, of
2subdivision (a), the finding of the juvenile court judge, the juvenile
3hearing officer, or the referee of a juvenile court of a commission
4of a violation of Section 23152 or 23153, subdivision (a) of Section
523109, or Section 23109.1, as specified in subdivision (a) of this
6section, is a conviction.

7(c) A judge of a juvenile court, juvenile hearing officer, or
8referee of a juvenile court shall immediately report the findings
9specified in subdivision (a) to the department.

10(d) A conviction of an offense in a state, territory, or possession
11of the United States, the District of Columbia, the Commonwealth
12of Puerto Rico, or Canada that, if committed in this state, would
13be a violation of Section 23152, is a conviction of Section 23152
14for the purposes of this section, and a conviction of an offense
15that, if committed in this state, would be a violation of Section
1623153, is a conviction of Section 23153 for the purposes of this
17section. The department shall suspend or revoke the privilege to
18operate a motor vehicle pursuant to this section upon receiving
19notice of that conviction.

20(e) (1) Except as specified in paragraph (2) or (3), the restriction
21conditions specified in paragraphs (2) to (7), inclusive, of
22subdivision (a) shall remain in effect until all reinstatement
23requirements are satisfied.

24(2) For the purposes of the restriction conditions specified in
25paragraphs (2) to (7), inclusive, of subdivision (a), the department
26shall terminate the restriction imposed pursuant to this section and
27shall suspend or revoke the person’s driving privilege upon receipt
28of notification from the driving-under-the-influence program that
29the person has failed to comply with the program requirements.
30The person’s driving privilege shall remain suspended or revoked
31for the remaining period of the original suspension or revocation
32imposed under this section and until all reinstatement requirements
33described in this section are met.

34(3) The department shall immediately suspend or revoke the
35privilege to operate a motor vehicle of a person who, with respect
36to an ignition interlock device installed pursuant to Section
3723575.3, attempts to remove, bypass, or tamper with the device,
38has the device removed prior to the termination date of the
39restriction, or fails to comply with any requirement for the
40maintenance or calibration of the device. The privilege shall remain
P26   1suspended or revoked for the remaining period of the originating
2suspension or revocation and until all reinstatement requirements
3in this section are satisfied, provided, however, that if the person
4provides proof to the satisfaction of the department that the person
5is in compliance with the restriction issued pursuant to this section,
6the department may, in its discretion, restore the privilege to
7operate a motor vehicle and reimpose the remaining term of the
8restriction.

9(f) Notwithstanding the suspension periods specified in
10paragraphs (1) to (7), inclusive, of subdivision (a) or Section
1113352.1, if the person maintains a functioning, certified ignition
12interlock device for the mandatory term required under Section
1323575.3, inclusive of any term credit earned under Section 13353.6,
14the department shall reinstate his or her privilege to operate a motor
15vehicle at the time the other reinstatement requirements are
16satisfied.

17(g) For the purposes of this section, completion of a program
18is the following:

19(1) Satisfactory completion of all program requirements
20approved pursuant to program licensure, as evidenced by a
21certificate of completion issued, under penalty of perjury, by the
22licensed program.

23(2) Certification, under penalty of perjury, by the director of a
24program specified in Section 8001 of the Penal Code, that the
25person has completed a program specified in Section 8001 of the
26Penal Code.

27(h) The holder of a commercial driver’s license who was
28operating a commercial motor vehicle, as defined in Section 15210,
29at the time of a violation that resulted in a suspension or revocation
30of the person’s noncommercial driving privilege under this section
31is not eligible for the restricted driver’s license authorized under
32paragraphs (3) to (7), inclusive, of subdivision (a).

33(i) The reinstatement of the driving privilege pursuant to this
34section does not abrogate a person’s continuing duty to comply
35with any restriction imposed pursuant to Section 23575.3.

36(j) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
371, 2019.end insert

38(k) This section shall remain in effect only until January 1,begin delete 2025,end delete
39begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
P27   1that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
2that date.

3

SEC. 6.  

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

4

13352.  

(a) The department shall immediately suspend or
5revoke the privilege of a person to operate a motor vehicle upon
6the receipt of an abstract of the record of a court showing that the
7person has been convicted of a violation of Section 23152 or 23153,
8subdivision (a) of Section 23109, or Section 23109.1, or upon the
9receipt of a report of a judge of the juvenile court, a juvenile traffic
10hearing officer, or a referee of a juvenile court showing that the
11person has been found to have committed a violation of Section
1223152 or 23153, subdivision (a) of Section 23109, or Section
1323109.1. If an offense specified in this section occurs in a vehicle
14defined in Section 15210, the suspension or revocation specified
15in this subdivision also applies to the noncommercial driving
16privilege. The commercial driving privilege shall be disqualified
17as specified in Sections 15300 to 15302, inclusive. For the purposes
18of this section, suspension or revocation shall be as follows:

19(1) Except as required under Section 13352.1 or 13352.4, upon
20a conviction or finding of a violation of Section 23152 punishable
21under Section 23536, the privilege shall be suspended for a period
22of six months. The privilege shall not be reinstated until the person
23gives proof of financial responsibility and gives proof satisfactory
24to the department of successful completion of a
25driving-under-the-influence program licensed pursuant to Section
2611836 of the Health and Safety Code described in subdivision (b)
27of Section 23538 of this code. If the court, as authorized under
28paragraph (3) of subdivision (b) of Section 23646, elects to order
29a person to enroll in, participate in, and complete either program
30described in subdivision (b) of Section 23542, the department shall
31require that program in lieu of the program described in subdivision
32(b) of Section 23538. For the purposes of this paragraph, enrollment
33in, participation in, and completion of an approved program shall
34occur subsequent to the date of the current violation. Credit shall
35not be given to any program activities completed prior to the date
36of the current violation.

37(2) Upon a conviction or finding of a violation of Section 23153
38punishable under Section 23554, the privilege shall be suspended
39for a period of one year. The privilege shall not be reinstated until
40the person gives proof of financial responsibility and gives proof
P28   1satisfactory to the department of successful completion of a
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code as described in subdivision
4(b) of Section 23556 of this code. If the court, as authorized under
5paragraph (3) of subdivision (b) of Section 23646, elects to order
6a person to enroll in, participate in, and complete either program
7described in subdivision (b) of Section 23542, the department shall
8require that program in lieu of the program described in Section
923556. For the purposes of this paragraph, enrollment,
10participation, and completion of an approved program shall occur
11subsequent to the date of the current violation. Credit shall not be
12given to any program activities completed prior to the date of the
13current violation.

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

29(A) Completion of 12 months of the suspension period, or
30completion of 90 days of the suspension period if the underlying
31conviction did not include the use of drugs as defined in Section
32312 and the person was found to be only under the influence of an
33alcoholic beverage at the time of the violation.

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

37(i) Proof of enrollment in an 18-month
38driving-under-the-influence program licensed pursuant to Section
3911836 of the Health and Safety Code if a 30-month program is
40unavailable in the person’s county of residence or employment.

P29   1(ii) Proof of enrollment in a 30-month
2driving-under-the-influence program licensed pursuant to Section
311836 of the Health and Safety Code, if available in the county of
4the person’s residence or employment.

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

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

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

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

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

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

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

21(4) Except as provided in this paragraph, upon a conviction or
22finding of a violation of Section 23153 punishable under Section
2323560, the privilege shall be revoked for a period of three years.
24The privilege may not be reinstated until the person gives proof
25of financial responsibility, and the person gives proof satisfactory
26to the department of successful completion of a
27driving-under-the-influence program licensed pursuant to Section
2811836 of the Health and Safety Code, as described in paragraph
29(4) of subdivision (b) of Section 23562 of this code. For the
30purposes of this paragraph, enrollment in, participation in, and
31completion of an approved program shall occur subsequent to the
32date of the current violation. Credit shall not be given to any
33program activities completed prior to the date of the current
34violation. The department shall advise the person that after the
35completion of 12 months of the revocation period, which may
36include credit for a suspension period served under subdivision
37(c) of Section 13353.3, he or she may apply to the department for
38a restricted driver’s license if the person meets all of the following
39requirements:

P30   1(A) The person satisfactorily provides, subsequent to the
2violation date of the current underlying conviction, either of the
3following:

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

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

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

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

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

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

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

23(G) The restriction shall remain in effect for the period required
24in subdivision (f) of Section 23575.

25(5) Except as provided in this paragraph, upon a conviction or
26finding of a violation of Section 23152 punishable under Section
2723546, the privilege shall be revoked for a period of three years.
28The privilege shall not be reinstated until the person files proof of
29financial responsibility and gives proof satisfactory to the
30department of successful completion of an 18-month
31driving-under-the-influence program licensed pursuant to Section
3211836 of the Health and Safety Code, as described in subdivision
33(b) or (c) of Section 23548 of this code, if a 30-month program is
34unavailable in the person’s county of residence or employment,
35or, if available in the county of the person’s residence or
36employment, a 30-month driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code,
38or a program specified in Section 8001 of the Penal Code. For the
39purposes of this paragraph, enrollment in, participation in, and
40completion of an approved program shall occur subsequent to the
P31   1date of the current violation. Credit shall not be given to any
2program activities completed prior to the date of the current
3violation. The department shall advise the person that he or she
4may apply to the department for a restricted driver’s license, which
5may include credit for a suspension period served under subdivision
6(c) of Section 13353.3, if the person meets all of the following
7requirements:

8(A) Completion of 12 months of the suspension period, or
9completion of six months of the suspension period if the underlying
10conviction did not include the use of drugs as defined in Section
11312 and the person was found to be only under the influence of an
12alcoholic beverage at the time of the violation.

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

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

24(C) The person agrees, as a condition of the restriction, to
25continue satisfactory participation in the program described in
26subparagraph (B).

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

29(E) The person agrees to maintain the ignition interlock device
30as required under subdivision (g) of Section 23575.

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

33(G) An individual convicted of a violation of Section 23152
34punishable under Section 23546 may also, at any time after
35sentencing, petition the court for referral to an 18-month
36driving-under-the-influence program licensed pursuant to Section
3711836 of the Health and Safety Code, or, if available in the county
38of the person’s residence or employment, a 30-month
39driving-under-the-influence program licensed pursuant to Section
P32   111836 of the Health and Safety Code. Unless good cause is shown,
2the court shall order the referral.

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

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

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

10(6) Except as provided in this paragraph, upon a conviction or
11finding of a violation of Section 23153 punishable under Section
1223550.5 or 23566, the privilege shall be revoked for a period of
13five years. The privilege may not be reinstated until the person
14gives proof of financial responsibility and gives proof satisfactory
15to the department of successful completion of a
16driving-under-the-influence program licensed pursuant to Section
1711836 of the Health and Safety Code as described in subdivision
18(b) of Section 23568 of this code, or if available in the county of
19the person’s residence or employment, a 30-month
20driving-under-the-influence program licensed pursuant to Section
2111836 of the Health and Safety Code, or a program specified in
22Section 8001 of the Penal Code. For the purposes of this paragraph,
23enrollment in, participation in, and completion of an approved
24program shall be subsequent to the date of the current violation.
25Credit shall not be given to any program activities completed prior
26to the date of the current violation. The department shall advise
27the person that after completion of 12 months of the revocation
28period, which may include credit for a suspension period served
29under subdivision (c) of Section 13353.3, he or she may apply to
30the department for a restricted driver’s license if the person meets
31all of the following requirements:

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

35(i) Completion of the initial 12 months of a 30-month
36 driving-under-the-influence program licensed pursuant to Section
3711836 of the Health and Safety Code, if available in the county of
38the person’s residence or employment.

39(ii) Completion of the initial 12 months of an 18-month
40driving-under-the-influence program licensed pursuant to Section
P33   111836 of the Health and Safety Code, if a 30-month program is
2unavailable in the person’s county of residence or employment.

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

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

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

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

12(F) An individual convicted of a violation of Section 23153
13punishable under Section 23566 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 restriction shall remain in effect for the period required
24in subdivision (f) of Section 23575.

25(7) Except as provided in this paragraph, upon a conviction or
26finding of a violation of Section 23152 punishable under Section
2723550 or 23550.5, or of a violation of Section 23153 punishable
28under Section 23550.5, the privilege shall be revoked for a period
29of four years. The privilege shall not be reinstated until the person
30files proof of financial responsibility and gives proof satisfactory
31to the department of successful completion of an 18-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code, if a 30-month program is
34unavailable in the person’s county of residence or employment,
35or, if available in the county of the person’s residence or
36employment, a 30-month driving-under-the-influence program
37licensed pursuant to Section 11836 of the Health and Safety Code,
38or a program specified in Section 8001 of the Penal Code. For the
39purposes of this paragraph, enrollment in, participation in, and
40completion of an approved program shall occur subsequent to the
P34   1date of the current violation. Credit shall not be given to any
2program activities completed prior to the date of the current
3violation. The department shall advise the person that after
4completion of 12 months of the revocation period, which may
5include credit for a suspension period served under subdivision
6(c) of Section 13353.3, he or she may apply to the department for
7a restricted driver’s license if the person meets all of the following
8requirements:

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

12(i) The initial 12 months of an 18-month
13driving-under-the-influence program licensed pursuant to Section
1411836 of the Health and Safety Code, if a 30-month program is
15unavailable in the person’s county of residence or employment.

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

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

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

25(D) The person agrees to maintain the ignition interlock device
26as required under subdivision (g) of Section 23575.

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

29(F) An individual convicted of a violation of Section 23152
30punishable under Section 23550 may also, at any time after
31sentencing, petition the court for referral to an 18-month
32driving-under-the-influence program licensed pursuant to Section
3311836 of the Health and Safety Code, or, if available in the county
34of the person’s residence or employment, a 30-month
35 driving-under-the-influence program licensed pursuant to Section
3611836 of the Health and Safety Code. Unless good cause is shown,
37the court shall order the referral.

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

P35   1(H) The restriction shall remain in effect for the period required
2in subdivision (f) of Section 23575.

3(8) Upon a conviction or finding of a violation of subdivision
4(a) of Section 23109 that is punishable under subdivision (e) of
5that section or Section 23109.1, the privilege shall be suspended
6for a period of 90 days to six months, if ordered by the court. The
7privilege shall not be reinstated until the person gives proof of
8financial responsibility, as defined in Section 16430.

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

15(b) For the purpose of paragraphs (2) to (9), inclusive, of
16subdivision (a), the finding of the juvenile court judge, the juvenile
17hearing officer, or the referee of a juvenile court of a commission
18of a violation of Section 23152 or 23153, subdivision (a) of Section
1923109, or Section 23109.1, as specified in subdivision (a) of this
20section, is a conviction.

21(c) A judge of a juvenile court, juvenile hearing officer, or
22referee of a juvenile court shall immediately report the findings
23specified in subdivision (a) to the department.

24(d) A conviction of an offense in a state, territory, or possession
25of the United States, the District of Columbia, the Commonwealth
26of Puerto Rico, or Canada that, if committed in this state, would
27be a violation of Section 23152, is a conviction of Section 23152
28for the purposes of this section, and a conviction of an offense
29that, if committed in this state, would be a violation of Section
3023153, is a conviction of Section 23153 for the purposes of this
31section. The department shall suspend or revoke the privilege to
32operate a motor vehicle pursuant to this section upon receiving
33notice of that conviction.

34(e) For the purposes of the restriction conditions specified in
35paragraphs (3) to (7), inclusive, of subdivision (a), the department
36shall terminate the restriction imposed pursuant to this section and
37shall suspend or revoke the person’s driving privilege upon receipt
38of notification from the driving-under-the-influence program that
39the person has failed to comply with the program requirements.
40The person’s driving privilege shall remain suspended or revoked
P36   1for the remaining period of the original suspension or revocation
2imposed under this section and until all reinstatement requirements
3described in this section are met.

4(f) For the purposes of this section, completion of a program is
5the following:

6(1) Satisfactory completion of all program requirements
7approved pursuant to program licensure, as evidenced by a
8certificate of completion issued, under penalty of perjury, by the
9licensed program.

10(2) Certification, under penalty of perjury, by the director of a
11program specified in Section 8001 of the Penal Code, that the
12person has completed a program specified in Section 8001 of the
13Penal Code.

14(g) The holder of a commercial driver’s license who was
15operating a commercial motor vehicle, as defined in Section 15210,
16at the time of a violation that resulted in a suspension or revocation
17of the person’s noncommercial driving privilege under this section
18is not eligible for the restricted driver’s license authorized under
19paragraphs (3) to (7), inclusive, of subdivision (a).

20(h) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

21

SEC. 7.  

Section 13352.4 of the Vehicle Code is amended to
22read:

23

13352.4.  

(a) Except as provided in subdivision (h), the
24department shall issue a restricted driver’s license to a person
25whose driver’s license was suspended under paragraph (1) of
26subdivision (a) of Section 13352 or Section 13352.1, if the person
27meets all of the following requirements:

28(1) Submits proof satisfactory to the department of either of the
29following, as applicable:

30(A) Enrollment in a driving-under-the-influence program
31licensed pursuant to Section 11836 of the Health and Safety Code,
32as described in subdivision (b) of Section 23538 of this code.

33(B) Enrollment in a program described in subdivision (b) of
34Section 23542, if the court has ordered the person to enroll in,
35participate in, and complete either program described in that
36section, in which case the person shall not be required to provide
37proof of the enrollment described in subparagraph (A).

38(2) Submits proof of financial responsibility, as defined in
39Section 16430.

P37   1(3) Pays all applicable reinstatement or reissue fees and any
2restriction fee required by the department.

3(b) The restriction of the driving privilege shall become effective
4when the department receives all of the documents and fees
5required under subdivision (a) and shall remain in effect until the
6final day of the original suspension imposed under paragraph (1)
7of subdivision (a) of Section 13352 or Section 13352.1, or until
8the date all reinstatement requirements described in Section 13352
9or 13352.1 have been met, whichever date is later, and may include
10credit for any suspension period served under subdivision (c) of
11Section 13353.3.

12(c) The restriction of the driving privilege shall be limited to
13the hours necessary for driving to and from the person’s place of
14employment, driving during the course of employment, and driving
15to and from activities required in the driving-under-the-influence
16program.

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

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

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

38(g) The holder of a commercial driver’s license who was
39operating a commercial motor vehicle, as defined in Section 15210,
40at the time of a violation that resulted in a suspension or revocation
P38   1of the person’s noncommercial driving privilege under paragraph
2(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
3eligible for the restricted driver’s license authorized under this
4section.

5(h) If, upon conviction, the court has made the determination,
6as authorized under subdivision (d) of Section 23536 or paragraph
7(3) of subdivision (a) of Section 23538, to disallow the issuance
8of a restricted driver’s license, the department may not issue a
9restricted driver’s license under this section.

begin delete

10(i) This section shall become inoperative on July 1, 2018, and,
11as of January 1, 2019, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2019, deletes or
13extends the dates on which it becomes inoperative and is repealed.

end delete
begin insert

14
(i) This section shall remain in effect only until January 1, 2019,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2019, deletes or extends that date.

end insert
17

SEC. 8.  

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

18

13352.4.  

(a) Except as provided in subdivision (h), the
19department shall issue a restricted driver’s license to a person
20whose driver’s license was suspended under paragraph (1) of
21subdivision (a) of Section 13352 or Section 13352.1, if the person
22meets all of the following requirements:

23(1) Submits proof satisfactory to the department of either of the
24following:

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

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

33(2) Complies with Section 23575.3, if applicable.

34(3) Agrees to maintain the ignition interlock device as required
35under Section 23575.3, if applicable.

36(4) Submits proof of financial responsibility, as defined in
37Section 16430.

38(5) Pays all applicable reinstatement or reissue fees and any
39restriction fee required by the department.

P39   1(6) 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(b) The restriction of the driving privilege shall become effective
5when the department receives all of the documents and fees
6required under subdivision (a) and shall remain in effect until the
7date all reinstatement requirements described in Section 13352 or
813352.1 have been met.

9(c) Whenever the driving privilege is restricted under this
10section, proof of financial responsibility, as defined in Section
1116430, shall be maintained for three years. If the person does not
12maintain that proof of financial responsibility at any time during
13the restriction, the driving privilege shall be suspended until the
14proof required under Section 16484 is received by the department.

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

19(e) (1) The department shall terminate the restriction issued
20under this section and shall suspend the privilege to operate a motor
21vehicle pursuant to paragraph (1) of subdivision (a) of Section
2213352 or Section 13352.1 immediately upon receipt of notification
23from the driving-under-the-influence program that the person has
24failed to comply with the program requirements. The privilege
25shall remain suspended until the final day of the original suspension
26imposed under paragraph (1) of subdivision (a) of Section 13352
27or Section 13352.1, or until the date all reinstatement requirements
28described in Section 13352 or 13352.1 have been met, whichever
29date is later.

30(2) The department shall immediately terminate the restriction
31issued pursuant to this section and shall immediately suspend or
32revoke the privilege to operate a motor vehicle of a person who,
33with respect to an ignition interlock device installed pursuant to
34Section 23575.3, attempts to remove, bypass, or tamper with the
35device, has the device removed prior to the termination date of the
36restriction, or fails to comply with any requirement for the
37maintenance or calibration of the device. The privilege shall remain
38suspended or revoked for the remaining period of the originating
39suspension or revocation and until all reinstatement requirements
40in this section are satisfied.

P40   1(f) The holder of a commercial driver’s license who was
2operating a commercial motor vehicle, as defined in Section 15210,
3at the time of a violation that resulted in a suspension or revocation
4of the person’s noncommercial driving privilege under paragraph
5(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
6eligible for the restricted driver’s license authorized under this
7section.

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

13(h) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
141, 2019.end insert

15(i) This section shall remain in effect only until January 1,begin delete 2025,end delete
16begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
17that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
18that date.

19

SEC. 9.  

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

20

13352.4.  

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

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

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

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

35(2) Submits proof of financial responsibility, as defined in
36Section 16430.

37(3) Pays all applicable reinstatement or reissue fees and any
38restriction fee required by the department.

39(b) The restriction of the driving privilege shall become effective
40when the department receives all of the documents and fees
P41   1required under subdivision (a) and shall remain in effect until the
2final day of the original suspension imposed under paragraph (1)
3of subdivision (a) of Section 13352 or Section 13352.1, or until
4the date all reinstatement requirements described in Section 13352
5or 13352.1 have been met, whichever date is later, and may include
6credit for any suspension period served under subdivision (c) of
7Section 13353.3.

8(c) The restriction of the driving privilege shall be limited to
9the hours necessary for driving to and from the person’s place of
10employment, driving during the course of employment, and driving
11to and from activities required in the driving-under-the-influence
12program.

13(d) Whenever the driving privilege is restricted under this
14section, proof of financial responsibility, as defined in Section
1516430, shall be maintained for three years. If the person does not
16maintain that proof of financial responsibility at any time during
17the restriction, the driving privilege shall be suspended until the
18proof required under Section 16484 is received by the department.

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

23(f) The department shall terminate the restriction issued under
24this section and shall suspend the privilege to operate a motor
25vehicle pursuant to paragraph (1) of subdivision (a) of Section
2613352 or Section 13352.1 immediately upon receipt of notification
27from the driving-under-the-influence program that the person has
28failed to comply with the program requirements. The privilege
29shall remain suspended until the final day of the original suspension
30imposed under paragraph (1) of subdivision (a) of Section 13352
31or 13352.1, or until the date all reinstatement requirements
32described in Section 13352 or Section 13352.1 have been met,
33whichever date is later.

34(g) The holder of a commercial driver’s license who was
35operating a commercial motor vehicle, as defined in Section 15210,
36at the time of a violation that resulted in a suspension or revocation
37of the person’s noncommercial driving privilege under paragraph
38(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
39eligible for the restricted driver’s license authorized under this
40section.

P42   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 operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

7

SEC. 10.  

Section 13353.3 of the Vehicle Code is amended to
8read:

9

13353.3.  

(a) An order of suspension of a person’s privilege to
10operate a motor vehicle pursuant to Section 13353.2 shall become
11effective 30 days after the person is served with the notice pursuant
12to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

13(b) The period of suspension of a person’s privilege to operate
14a motor vehicle under Section 13353.2 is as follows:

15(1) If the person has not been convicted of a separate violation
16of Section 23103, as specified in Section 23103.5, or Section
1723140, 23152, or 23153, or Section 191.5 or subdivision (a) of
18Section 192.5 of the Penal Code, the person has not been
19administratively determined to have refused chemical testing
20pursuant to Section 13353 or 13353.1 of this code, or the person
21has not been administratively determined to have been driving
22with an excessive concentration of alcohol pursuant to Section
2313353.2 on a separate occasion, which offense or occurrence
24occurred within 10 years of the occasion in question, the person’s
25privilege to operate a motor vehicle shall be suspended for four
26months.

27(2) (A) If the person has been convicted of one or more separate
28violations of Section 23103, as specified in Section 23103.5, or
29Section 23140, 23152, or 23153, or Section 191.5 or subdivision
30(a) of Section 192.5 of the Penal Code, the person has been
31administratively determined to have refused chemical testing
32pursuant to Section 13353 or 13353.1 of this code, or the person
33has been administratively determined to have been driving with
34an excessive concentration of alcohol pursuant to Section 13353.2
35on a separate occasion, which offense or occasion occurred within
36 10 years of the occasion in question, the person’s privilege to
37operate a motor vehicle shall be suspended for one year, except
38as provided in subparagraphs (B) and (C).

39(B) The one-year suspension pursuant to subparagraph (A) shall
40terminate if the person has been convicted of a violation arising
P43   1out of the same occurrence and all of the following conditions are
2met:

3(i) The person is eligible for a restricted driver’s license pursuant
4to Section 13352.

5(ii) The person installs a functioning, certified ignition interlock
6device as required in Section 13352 for that restricted driver’s
7license.

8(iii) The person complies with all other applicable conditions
9of Section 13352 for a restricted driver’s license.

10(C) The one-year suspension pursuant to subparagraph (A) shall
11terminate after completion of a 90-day suspension period, and the
12person shall be eligible for a restricted license if the person has
13been convicted of a violation of Section 23103, as specified in
14Section 23103.5, arising out of the same occurrence, has no more
15than two prior alcohol-related convictions within 10 years, as
16specified pursuant to subparagraph (A), and all of the following
17conditions are met:

18(i) The person satisfactorily provides, subsequent to the
19underlying violation date, proof satisfactory to the department of
20enrollment in a nine-month driving-under-the-influence program
21licensed pursuant to Chapter 9 (commencing with Section 11836)
22of Part 2 of Division 10.5 of the Health and Safety Code that
23consists of at least 60 hours of program activities, including
24education, group counseling, and individual interview sessions.

25(ii) The person agrees, as a condition of the restriction, to
26continue satisfactory participation in the program described in
27clause (i).

28(iii) The person installs a functioning, certified ignition interlock
29device and submits the “Verification of Installation” form described
30in paragraph (2) of subdivision (g) of Section 13386.

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

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

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

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

P44   1(D) The department shall advise those persons that are eligible
2under subparagraph (C) that after completion of 90 days of the
3suspension period, the person may apply to the department for a
4restricted driver’s license, subject to the conditions set forth in
5subparagraph (C).

6(E) The restricted driving privilege shall become effective when
7the department receives all of the documents and fees required
8under subparagraph (C) and remain in effect for at least the
9remaining period of the original suspension and until the person
10provides satisfactory proof to the department of successful
11completion of a driving-under-the-influence program licensed
12pursuant to Section 11836 of the Health and Safety Code. The
13restricted driving privilege shall be subject to the following
14conditions:

15(i) If the driving privilege is restricted under this section, proof
16of financial responsibility, as described in Section 16430, shall be
17maintained for three years. If the person does not maintain that
18proof of financial responsibility at any time during the restriction,
19the driving privilege shall be suspended until the proof required
20pursuant to Section 16484 is received by the department.

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

26(iii) The department shall terminate the restriction issued
27pursuant to this section and shall suspend the privilege to operate
28a motor vehicle pursuant to subparagraph (A) immediately upon
29receipt of notification from the driving-under-the-influence
30program that the person has failed to comply with the program
31requirements. The privilege shall remain suspended until the final
32day of the original suspension imposed pursuant to subparagraph
33(A).

34(iv) The department shallbegin delete terminate the restriction issued
35pursuant to this section and shall immediatelyend delete
suspend the privilege
36to operate a motor vehicle pursuant to subparagraph (A)
37immediately upon receipt of notification from the installer that a
38person has attempted to remove, bypass, or tamper with the ignition
39interlock device, has removed the device prior to the termination
40date of the restriction, orbegin delete fails three or more timesend deletebegin insert has failedend insert to
P45   1comply with any requirement for the maintenance or calibration
2of the ignition interlock device ordered pursuant to this section.
3The privilege shall remain suspended for the remaining period of
4the original suspension imposed pursuant to subparagraphbegin delete (A).end delete
5
begin insert (A), except that if the person provides proof to the satisfaction of
6the department that he or she is in compliance with the restriction
7issued pursuant to this section, the department may, in its
8discretion, restore the privilege to operate a motor vehicle and
9reimpose the remaining term of the restriction.end insert

10(3) Notwithstanding any other law, if a person has been
11administratively determined to have been driving in violation of
12Section 23136 or to have refused chemical testing pursuant to
13Section 13353.1, the period of suspension shall not be for less than
14one year.

15(c) If a person’s privilege to operate a motor vehicle is
16suspended pursuant to Section 13353.2 and the person is convicted
17of a violation of Section 23152 or 23153, including, but not limited
18to, a violation described in Section 23620, arising out of the same
19occurrence, both the suspension under Section 13353.2 and the
20suspension or revocation under Section 13352 shall be imposed,
21except that the periods of suspension or revocation shall run
22concurrently, and the total period of suspension or revocation shall
23not exceed the longer of the two suspension or revocation periods.

24(d) For the purposes of this section, a conviction of an offense
25in any state, territory, or possession of the United States, the
26District of Columbia, the Commonwealth of Puerto Rico, or
27Canada that, if committed in this state, would be a violation of
28Section 23103, as specified in Section 23103.5, or Section 23140,
2923152, or 23153, or Section 191.5 or subdivision (a) of Section
30192.5 of the Penal Code, is a conviction of that particular section
31of the Vehicle Code or Penal Code.

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

begin delete

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

end delete
begin insert

P46   1
(f) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.

end insert
4

SEC. 11.  

Section 13353.3 is added to the Vehicle Code, to
5read:

6

13353.3.  

(a) An order of suspension of a person’s privilege to
7operate a motor vehicle pursuant to Section 13353.2 shall become
8effective 30 days after the person is served with the notice pursuant
9to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

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

12(1) If the person has not been convicted of a separate violation
13of Section 23103, as specified in Section 23103.5, or Section
1423140, 23152, or 23153, or Section 191.5 or subdivision (a) of
15Section 192.5 of the Penal Code, the person has not been
16administratively determined to have refused chemical testing
17pursuant to Section 13353 or 13353.1 of this code, or the person
18has not been administratively determined to have been driving
19with an excessive concentration of alcohol pursuant to Section
2013353.2 on a separate occasion, which offense or occurrence
21occurred within 10 years of the occasion in question, the person’s
22privilege to operate a motor vehicle shall be suspended for four
23months.

24(2) (A) If the person has been convicted of one or more separate
25violations of Section 23103, as specified in Section 23103.5, or
26Section 23140, 23152, or 23153, or Section 191.5 or subdivision
27(a) of Section 192.5 of the Penal Code, the person has been
28administratively determined to have refused chemical testing
29pursuant to Section 13353 or 13353.1 of this code, or the person
30has been administratively determined to have been driving with
31an excessive concentration of alcohol pursuant to Section 13353.2
32on a separate occasion, which offense or occasion occurred within
3310 years of the occasion in question, the person’s privilege to
34operate a motor vehicle shall be suspended for one year, except
35as provided in subparagraphs (B) and (C).

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

P47   1(i) The person is eligible for a restricted driver’s license pursuant
2to Section 13352.

3(ii) The person installs a functioning, certified ignition interlock
4 device as required in Section 13352 for that restricted driver’s
5license.

6(iii) The person complies with all other applicable conditions
7of Section 13352 for a restricted driver’s license.

8(C) The one-year suspension pursuant to subparagraph (A) shall
9terminate after completion of a 90-day suspension period, and the
10person shall be eligible for a restricted license if the person has
11been convicted of a violation of Section 23103, as specified in
12Section 23103.5, arising out of the same occurrence, has no more
13than two prior alcohol-related convictions within 10 years, as
14specified pursuant to subparagraph (A), and all of the following
15conditions are met:

16(i) The person satisfactorily provides, subsequent to the
17underlying violation date, proof satisfactory to the department of
18enrollment in a nine-month driving-under-the-influence program
19licensed pursuant to Chapter 9 (commencing with Section 11836)
20of Part 2 of Division 10.5 of the Health and Safety Code that
21consists of at least 60 hours of program activities, including
22education, group counseling, and individual interview sessions.

23(ii) The person agrees, as a condition of the restriction, to
24continue satisfactory participation in the program described in
25clause (i).

26(iii) The person installs a functioning, certified ignition interlock
27device and submits the “Verification of Installation” form described
28in paragraph (2) of subdivision (g) of Section 13386.

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

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

33(vi) The person pays all license fees and any restriction fee
34required by the department.

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

38(D) The department shall advise those persons that are eligible
39under subparagraph (C) that after completion of 90 days of the
40suspension period, the person may apply to the department for a
P48   1restricted driver’s license, subject to the conditions set forth in
2subparagraph (C).

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

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

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

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

31(iv) The department shallbegin delete immediatelyend delete suspend the privilege to
32operate a motor vehicle pursuant to subparagraph (A) immediately
33upon receipt of notification from the installer that a person has
34attempted to remove, bypass, or tamper with the ignition interlock
35device, has removed the device prior to the termination date of the
36restriction, or has failed to comply with any requirement for the
37maintenance or calibration of the ignition interlock device ordered
38pursuant to this section. The privilege shall remain suspended for
39the remaining period of the original suspension imposed pursuant
40to subparagraph (A), provided, however, that if the person provides
P49   1proof to the satisfaction of the department that the person is in
2compliance with the restriction issued pursuant to this section, the
3department may, in its discretion, restore the privilege to operate
4a motor vehicle and reimpose the remaining term of the restriction.

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

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

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

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

32(f) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
331, 2019.end insert

34(g) This section shall remain in effect only until January 1,begin delete 2025,end delete
35begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
36that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
37that date.

38

SEC. 12.  

Section 13353.3 is added to the Vehicle Code, to
39read:

P50   1

13353.3.  

(a) An order of suspension of a person’s privilege to
2operate a motor vehicle pursuant to Section 13353.2 shall become
3effective 30 days after the person is served with the notice pursuant
4to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

5(b) The period of suspension of a person’s privilege to operate
6a motor vehicle under Section 13353.2 is as follows:

7(1) If the person has not been convicted of a separate violation
8of Section 23103, as specified in Section 23103.5, or Section
923140, 23152, or 23153, or Section 191.5 or subdivision (a) of
10Section 192.5 of the Penal Code, the person has not been
11administratively determined to have refused chemical testing
12pursuant to Section 13353 or 13353.1 of this code, or the person
13has not been administratively determined to have been driving
14with an excessive concentration of alcohol pursuant to Section
1513353.2 on a separate occasion, which offense or occurrence
16occurred within 10 years of the occasion in question, the person’s
17privilege to operate a motor vehicle shall be suspended for four
18months.

19(2) (A) If the person has been convicted of one or more separate
20violations of Section 23103, as specified in Section 23103.5, or
21Section 23140, 23152, or 23153, or Section 191.5 or subdivision
22(a) of Section 192.5 of the Penal Code, the person has been
23administratively determined to have refused chemical testing
24pursuant to Section 13353 or 13353.1 of this code, or the person
25has been administratively determined to have been driving with
26an excessive concentration of alcohol pursuant to Section 13353.2
27on a separate occasion, which offense or occasion occurred within
2810 years of the occasion in question, the person’s privilege to
29operate a motor vehicle shall be suspended for one year, except
30as provided in subparagraphs (B) and (C).

31(B) The one-year suspension pursuant to subparagraph (A) shall
32terminate if the person has been convicted of a violation arising
33out of the same occurrence and all of the following conditions are
34met:

35(i) The person is eligible for a restricted driver’s license pursuant
36to Section 13352.

37(ii) The person installs a functioning, certified ignition interlock
38device as required in Section 13352 for that restricted driver’s
39license.

P51   1(iii) The person complies with all other applicable conditions
2of Section 13352 for a restricted driver’s license.

3(C) The one-year suspension pursuant to subparagraph (A) shall
4terminate after completion of a 90-day suspension period, and the
5person shall be eligible for a restricted license if the person has
6been convicted of a violation of Section 23103, as specified in
7Section 23103.5, arising out of the same occurrence, has no more
8than two prior alcohol-related convictions within 10 years, as
9specified pursuant to subparagraph (A), and all of the following
10conditions are met:

11(i) The person satisfactorily provides, subsequent to the
12underlying violation date, proof satisfactory to the department of
13enrollment in a nine-month driving-under-the-influence program
14licensed pursuant to Chapter 9 (commencing with Section 11836)
15of Part 2 of Division 10.5 of the Health and Safety Code that
16consists of at least 60 hours of program activities, including
17education, group counseling, and individual interview sessions.

18(ii) The person agrees, as a condition of the restriction, to
19continue satisfactory participation in the program described in
20clause (i).

21(iii) The person installs a functioning, certified ignition interlock
22device and submits the “Verification of Installation” form described
23in paragraph (2) of subdivision (g) of Section 13386.

24(iv) The person agrees to maintain the ignition interlock device
25as required pursuant to subdivision (g) of Section 23575.

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

28(vi) The person pays all license fees and any restriction fee
29required by the department.

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

33(D) The department shall advise those persons that are eligible
34under subparagraph (C) that after completion of 90 days of the
35suspension period, the person may apply to the department for a
36restricted driver’s license, subject to the conditions set forth in
37subparagraph (C).

38(E) The restricted driving privilege shall become effective when
39the department receives all of the documents and fees required
40under subparagraph (C) and remain in effect for at least the
P52   1remaining period of the original suspension and until the person
2provides satisfactory proof to the department of successful
3completion of a driving-under-the-influence program licensed
4pursuant to Section 11836 of the Health and Safety Code. The
5restricted driving privilege shall be subject to the following
6conditions:

7(i) If the driving privilege is restricted under this section, proof
8of financial responsibility, as described in Section 16430, shall be
9maintained for three years. If the person does not maintain that
10proof of financial responsibility at any time during the restriction,
11the driving privilege shall be suspended until the proof required
12pursuant to Section 16484 is received by the department.

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

18(iii) The department shall terminate the restriction issued
19 pursuant to this section and shall suspend the privilege to operate
20a motor vehicle pursuant to subparagraph (A) immediately upon
21receipt of notification from the driving-under-the-influence
22program that the person has failed to comply with the program
23requirements. The privilege shall remain suspended until the final
24day of the original suspension imposed pursuant to subparagraph
25(A).

26(iv) The department shallbegin delete terminate the restriction issued
27pursuant to this section and shall immediatelyend delete
suspend the privilege
28to operate a motor vehicle pursuant to subparagraph (A)
29immediately upon receipt of notification from the installer that a
30person has attempted to remove, bypass, or tamper with the ignition
31interlock device, has removed the device prior to the termination
32date of the restriction, or fails three or more times to comply with
33any requirement for the maintenance or calibration of the ignition
34interlock device ordered pursuant to this section. The privilege
35shall remain suspended for the remaining period of the original
36suspension imposed pursuant to subparagraphbegin delete (A).end deletebegin insert (A), except that
37if the person provides proof to the satisfaction of the department
38that he or she is in compliance with the restriction issued pursuant
39to this section, the department may, in its discretion, restore the
P53   1privilege to operate a motor vehicle and reimpose the remaining
2term of the restriction.end insert

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

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

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

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

30(f) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

31

SEC. 13.  

Section 13353.4 of the Vehicle Code is amended to
32read:

33

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
34or 13353.8, the driving privilege shall not be restored, and a
35restricted or hardship permit to operate a motor vehicle shall not
36be issued, to a person during the suspension or revocation period
37specified in Section 13353, 13353.1, or 13353.3.

38(b) The privilege to operate a motor vehicle shall not be restored
39after a suspension or revocation pursuant to Section 13352, 13353,
4013353.1, or 13353.2 until all applicable fees, including the fees
P54   1prescribed in Section 14905, have been paid and the person gives
2proof of financial responsibility, as defined in Section 16430, to
3the department.

begin delete

4(c) This section shall become inoperative on July 1, 2018, and,
5as of January 1, 2019, is repealed, unless a later enacted statute,
6that becomes operative on or before January 1, 2019, deletes or
7extends the dates on which it becomes inoperative and is repealed.

end delete
begin insert

8
(c) This section shall remain in effect only until January 1, 2019,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2019, deletes or extends that date.

end insert
11

SEC. 14.  

Section 13353.4 is added to the Vehicle Code, to
12read:

13

13353.4.  

(a) Except as provided in Section 13353.3, 13353.6,
1413353.7, or 13353.8, the driving privilege shall not be restored,
15and a restricted or hardship permit to operate a motor vehicle shall
16not be issued, to a person during the suspension or revocation
17period specified in Section 13353, 13353.1, or 13353.3.

18(b) The privilege to operate a motor vehicle shall not be restored
19after a suspension or revocation pursuant to Section 13352, 13353,
2013353.1, or 13353.2 until all applicable fees, including the fees
21prescribed in Section 14905, have been paid and the person gives
22proof of financial responsibility, as defined in Section 16430, to
23the department.

24(c) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
251, 2019.end insert

26(d) This section shall remain in effect only until January 1,begin delete 2025,end delete
27begin insert 2026, end insert and as of that date is repealed, unless a later enacted statute,
28that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
29that date.

30

SEC. 15.  

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

32

13353.4.  

(a) Except as provided in Section 13353.3, 13353.7,
33or 13353.8, the driving privilege shall not be restored, and a
34restricted or hardship permit to operate a motor vehicle shall not
35be issued, to a person during the suspension or revocation period
36specified 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 January 1,begin delete 2025.end deletebegin insert 2026.end insert

4

SEC. 16.  

Section 13353.5 of the Vehicle Code is amended to
5read:

6

13353.5.  

(a) If a person whose driving privilege is suspended
7or revoked under Section 13352, former Section 13352.4, Section
813352.4, Section 13352.6, paragraph (1) of subdivision (g) of
9Section 23247, or paragraph (2) of subdivision (f) of Section 23575
10is a resident of another state at the time the mandatory period of
11suspension or revocation expires, the department may terminate
12the suspension or revocation, upon written application of the
13person, for the purpose of allowing the person to apply for a license
14in his or her state of residence. The application shall include, but
15need not be limited to, evidence satisfactory to the department that
16the applicant now resides in another state.

17(b) If the person submits an application for a California driver’s
18license within three years after the date of the action to terminate
19suspension or revocation pursuant to subdivision (a), a license
20shall not be issued until evidence satisfactory to the department
21establishes that the person is qualified for reinstatement and no
22grounds exist including, but not limited to, one or more subsequent
23convictions for driving under the influence of alcohol or other
24drugs that would support a refusal to issue a license. The
25department may waive the three-year requirement if the person
26provides the department with proof of financial responsibility, as
27defined in Section 16430, and proof satisfactory to the department
28of successful completion of a driving-under-the-influence program
29described in Section 13352, and the driving-under-the-influence
30program is of the length required under paragraphs (1) to (7),
31inclusive, of subdivision (a) of Section 13352.

32(c) For the purposes of this section, “state” includes a foreign
33province or country.

begin delete

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

end delete
begin insert

38
(d) This section shall remain in effect only until January 1, 2019,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2019, deletes or extends that date.

end insert
P56   1

SEC. 17.  

Section 13353.5 is added to the Vehicle Code, to
2read:

3

13353.5.  

(a) If a person whose driving privilege is suspended
4or revoked under Section 13352, former Section 13352.4, Section
513352.4, Section 13352.6, paragraph (1) of subdivision (g) of
6Section 23247, or paragraph (3) of subdivision (e) of Section 13352
7is a resident of another state at the time the mandatory period of
8suspension or revocation expires, the department may terminate
9the suspension or revocation, upon written application of the
10person, for the purpose of allowing the person to apply for a license
11in his or her state of residence. The application shall include, but
12need not be limited to, evidence satisfactory to the department that
13the applicant now resides in another state.

14(b) If the person submits an application for a California driver’s
15license within three years after the date of the action to terminate
16suspension or revocation pursuant to subdivision (a), a license
17shall not be issued until evidence satisfactory to the department
18establishes that the person is qualified for reinstatement and no
19grounds exist including, but not limited to, one or more subsequent
20convictions for driving under the influence of alcohol or other
21drugs that would support a refusal to issue a license. The
22department may waive the three-year requirement if the person
23provides the department with proof of financial responsibility, as
24defined in Section 16430, and proof satisfactory to the department
25of successful completion of a driving-under-the-influence program
26described in Section 13352, and the driving-under-the-influence
27program is of the length required under paragraphs (1) to (7),
28inclusive, of subdivision (a) of Section 13352.

29(c) For the purposes of this section, “state” includes a foreign
30province or country.

31(d) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
321, 2019.end insert

33(e) This section shall remain in effect only until January 1,begin delete 2025,end delete
34begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
35that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
36that date.

37

SEC. 18.  

Section 13353.5 is added to the Vehicle Code, to
38read:

39

13353.5.  

(a) If a person whose driving privilege is suspended
40or revoked under Section 13352, former Section 13352.4, Section
P57   113352.4, Section 13352.6, paragraph (1) of subdivision (g) of
2Section 23247, or paragraph (2) of subdivision (f) of Section 23575
3is a resident of another state at the time the mandatory period of
4suspension or revocation expires, the department may terminate
5the suspension or revocation, upon written application of the
6person, for the purpose of allowing the person to apply for a license
7in his or her state of residence. The application shall include, but
8need not be limited to, evidence satisfactory to the department that
9the applicant now resides in another state.

10(b) If the person submits an application for a California driver’s
11license within three years after the date of the action to terminate
12suspension or revocation pursuant to subdivision (a), a license
13shall not be issued until evidence satisfactory to the department
14establishes that the person is qualified for reinstatement and no
15grounds exist including, but not limited to, one or more subsequent
16convictions for driving under the influence of alcohol or other
17drugs that would support a refusal to issue a license. The
18department may waive the three-year requirement if the person
19provides the department with proof of financial responsibility, as
20defined in Section 16430, and proof satisfactory to the department
21of successful completion of a driving-under-the-influence program
22described in Section 13352, and the driving-under-the-influence
23program is of the length required under paragraphs (1) to (7),
24inclusive, of subdivision (a) of Section 13352.

25(c) For the purposes of this section, “state” includes a foreign
26province or country.

27(d) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

28

SEC. 19.  

Section 13353.6 is added to the Vehicle Code, to
29read:

30

13353.6.  

(a) Notwithstanding any other law, a person whose
31driving privilege has been suspended under Section 13353.2 and
32who is eligible for a restricted driver’s license as provided for in
33Section 13353.7 or 13353.75 may be eligible for a restricted
34driver’s license without serving any period of the suspension if
35the person meets all of the eligibility requirements specified in
36those sections and the person does both of the following:

37(1) The person installs a functioning, certified ignition interlock
38device on any vehicle that he or she own or operates and submits
39the “Verification of Installation” form described in paragraph (2)
40of subdivision (g) of Section 13386.

P58   1(2) The person agrees to maintain the ignition interlock device
2as required under Section 23575.3.

3(b) A person whose driving privilege has been suspended under
4Section 13353.2 may install a functioning, certified ignition
5interlock device prior to the effective date specified in Section
613353.3. A person who installs a functioning, certified ignition
7interlock device pursuant to this subdivision, meets all of the
8eligibility requirements specified in Section 13353.7 or 13353.75
9and complies with paragraphs (1) and (2) of subdivision (a) is
10eligible for a restricted driver’s license on the effective date
11specified in Section 13353.3.

12(c) The department shall terminate the restriction issued pursuant
13to Section 13353.7 or 13353.75 and shall immediately reinstate
14the suspension of the privilege to operate a motor vehicle upon
15receipt of notification from the ignition interlock device installer
16that a person has attempted to remove, bypass, or tamper with the
17 ignition interlock device, has removed the device prior to the
18termination date of the restriction, or has failed to comply with
19any requirement for the maintenance or calibration of the ignition
20interlock device. The privilege shall remain suspended for the
21remaining mandatory suspension period imposed pursuant to
22Section 13353.3, provided, however, that if the person provides
23proof to the satisfaction of the department that the person is in
24compliance with the restriction issued pursuant to this section, the
25department may, in its discretion, restore the privilege to operate
26a motor vehicle and reimpose the remaining term of the restriction.

27(d) Notwithstanding any other law, a person whose driving
28privilege has been suspended under Section 13353.2, who is
29eligible for a restricted driver’s license as provided for in Section
3013353.7 or 13353.75, and who installs a functioning, certified
31ignition interlock device pursuant to this section or Section
3213353.75, shall receive credit towards the mandatory term the
33person is required to install a functioning, certified ignition
34interlock device pursuant to Section 23575.3 for a conviction of
35a violation arising out of the same occurrence that led to the
36person’s driving privilege being suspended pursuant to Section
3713352.2 equal to the period of time the person installs a
38functioning, certified ignition interlock device pursuant to this
39section or Section 13353.75.

P59   1(e) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
21, 2019.end insert

3(f) This section shall remain in effect only until January 1,begin delete 2025,end delete
4begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
5that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
6that date.

7

SEC. 20.  

Section 13353.75 is added to the Vehicle Code, to
8read:

9

13353.75.  

(a) Subject to subdivision (d), a person who has
10been previously convicted of, or found to have committed, a
11separate violation of Section 23103, as specified in Section
1223103.5, or Section 23140, 23152, or 23153, or Section 191.5 or
13subdivision (a) of Section 192.5 of the Penal Code, or whose
14privilege to operate a motor vehicle has been suspended or revoked
15pursuant to Section 13353 or 13353.2 for an offense that occurred
16on a separate occasion within 10 years of the occasion in question
17may apply to the department for a restricted driver’s license if the
18person meets all of the following requirements:

19(1) (A) The person satisfactorily provides proof of enrollment
20in a driving-under-the-influence program licensed under Section
2111836 of the Health and Safety Code, as described in subdivision
22(b) of Section 23538.

23(B) The program shall report any failure to participate in the
24program to the department and shall certify successful completion
25of the program to the department.

26(C) If a person who has been issued a restricted license under
27this section fails at any time to participate in the program, the
28department shall suspend the restricted license immediately. The
29department shall give notice of the suspension under this paragraph
30in the same manner as prescribed in subdivision (b) of Section
3113353.2 for the period specified in Section 13353.3, that is effective
32upon receipt by the person.

33(2) The person was 21 years of age or older at the time the
34offense occurred and gives proof of financial responsibility as
35defined in Section 16430.

36(3) The person has not been arrested subsequent to the offense
37for which the person’s driving privilege has been suspended under
38Section 13353.2 for a violation of Section 23103, as specified in
39Section 23103.5, or Section 23140, 23152, or 23153, or Section
40191.5 or subdivision (a) of Section 192.5 of the Penal Code, and
P60   1the person’s privilege to operate a motor vehicle has not been
2suspended or revoked pursuant to Section 13353 or 13353.2 for
3an offense that occurred on a separate occasion, notwithstanding
4Section 13551.

5(4) The person installs a functioning, certified ignition interlock
6device on any vehicle that he or she owns or operates and submits
7the “Verification of Installation” form described in paragraph (2)
8of subdivision (g) of Section 13386.

9(5) The person agrees to maintain the ignition interlock device
10as required under Section 23575.3.

11(b) The restriction shall remain in effect for the remaining period
12of the original suspension under Section 13353.2.

13(c) Notwithstanding subdivisions (a) and (b), and upon a
14conviction under Section 23152 or 23153 for the current offense,
15the department shall suspend or revoke the person’s privilege to
16operate a motor vehicle under Section 13352.

17(d) If the driver was operating a commercial vehicle, as defined
18in Section 15210, at the time of the violation that resulted in the
19suspension of that person’s driving privilege under Section
2013353.2, the department shall, pursuant to this section, if the person
21is otherwise eligible, issue the person a class C or class M driver’s
22license restricted in the same manner and subject to the same
23conditions as specified in subdivision (a), except that the license
24may not allow travel to and from or in the course of the person’s
25employment.

26(e) If the holder of a commercial driver’s license was operating
27a motor vehicle, other than a commercial vehicle as defined in
28Section 15210, at the time of the violation that resulted in the
29suspension of that person’s driving privilege pursuant to Section
3013353.2, the department shall, pursuant to this section, if the person
31is otherwise eligible, issue the person a class C or class M driver’s
32license restricted in the same manner and subject to the same
33conditions as specified in subdivision (a).

34(f) This section shall remain in effect only until January 1,begin delete 2025,end delete
35begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
36that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
37that date.

38

SEC. 21.  

Section 13386 of the Vehicle Code is amended to
39read:

P61   1

13386.  

(a) (1) The department shall certify or cause to be
2certified ignition interlock devices required by Article 5
3(commencing with Section 23575) of Chapter 2 of Division 11.5
4and publish a list of approved devices.

5(2) (A) The department shall ensure that ignition interlock
6devices that have been certified according to the requirements of
7this section continue to meet certification requirements. The
8department may periodically require manufacturers to indicate in
9writing whether the devices continue to meet certification
10requirements.

11(B) The department may use denial of certification, suspension
12or revocation of certification, or decertification of an ignition
13 interlock device in another state as an indication that the
14certification requirements are not met, if either of the following
15apply:

16(i) The denial of certification, suspension or revocation of
17certification, or decertification in another state constitutes a
18violation by the manufacturer of Article 2.55 (commencing with
19Section 125.00) of Chapter 1 of Division 1 of Title 13 of the
20California Code of Regulations.

21(ii) The denial of certification for an ignition interlock device
22in another state was due to a failure of an ignition interlock device
23to meet the standards adopted by the regulation set forth in clause
24(i), specifically Sections 1 and 2 of the model specification for
25breath alcohol ignition interlock devices, as published by notice
26in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
27on pages 11774 to 11787, inclusive, or the model specifications
28for breath alcohol ignition interlock devices, as published by notice
29in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013,
30on pages 25489 to 26867, inclusive.

31(C) Failure to continue to meet certification requirements shall
32result in suspension or revocation of certification of ignition
33interlock devices.

34(b) (1) A manufacturer shall not furnish an installer, service
35center, technician, or consumer with technology or information
36that allows a device to be used in a manner that is contrary to the
37purpose for which it is certified.

38(2) Upon a violation of paragraph (1), the department shall
39suspend or revoke the certification of the ignition interlock device
40that is the subject of that violation.

P62   1(c) An installer, service center, or technician shall not tamper
2with, change, or alter the functionality of the device from its
3certified criteria.

4(d) The department shall utilize information from an
5independent, accredited (ISO/IEC 17025) laboratory to certify
6ignition interlock devices of the manufacturer or manufacturer’s
7agent, in accordance with the guidelines. The cost of certification
8shall be borne by the manufacturers of ignition interlock devices.
9If the certification of a device is suspended or revoked, the
10manufacturer of the device shall be responsible for, and shall bear
11the cost of, the removal of the device and the replacement of a
12certified device of the manufacturer or another manufacturer.

13(e) No model of ignition interlock device shall be certified unless
14it meets the accuracy requirements and specifications provided in
15the guidelines adopted by the National Highway Traffic Safety
16Administration.

17(f) All manufacturers of ignition interlock devices that meet the
18requirements of subdivision (e) and are certified in a manner
19approved by the department, who intend to market the devices in
20this state, first shall apply to the department on forms provided by
21that department. The application shall be accompanied by a fee in
22an amount not to exceed the amount necessary to cover the costs
23incurred by the department in carrying out this section.

24(g) The department shall ensure that standard forms and
25procedures are developed for documenting decisions and
26compliance and communicating results to relevant agencies. These
27forms shall include all of the following:

28(1) An “Option to Install,” shall be sent by the department to
29all offenders along with the mandatory order of suspension or
30revocation. This shall include the alternatives available for early
31license reinstatement with the installation of a functioning, certified
32ignition interlock device and shall be accompanied by a toll-free
33telephone number for each manufacturer of a certified ignition
34interlock device. Information regarding approved installation
35locations shall be provided to drivers by manufacturers with
36ignition interlock devices that have been certified in accordance
37with this section.

38(2) A “Verification of Installation” to be returned to the
39department by the reinstating offender upon application for
P63   1reinstatement. Copies shall be provided for the manufacturer or
2the manufacturer’s agent.

3(3) A “Notice of Noncompliance” and procedures to ensure
4continued use of the ignition interlock device during the restriction
5period and to ensure compliance with maintenance requirements.
6The maintenance period shall be standardized at 60 days to
7maximize monitoring checks for equipment tampering.

8(h) The department shall develop rules under which every
9manufacturer and manufacturer’s agent certified by the department
10to provide ignition interlock devices shall provide a fee schedule
11to the department of the manufacturer’s standard ignition interlock
12device program costs, stating the standard charges for installation,
13service and maintenance, and removal of the manufacturer’s device,
14and shall develop a form to be signed by an authorized
15representative of the manufacturer pursuant to which the
16manufacturer agrees to provide functioning, certified ignition
17interlock devices to applicants at the costs described in subdivision
18(k) of Section 23575.3. The form shall contain an acknowledgment
19that the failure of the manufacturer, its agents, or authorized
20installers to comply with subdivision (k) of Section 23575.3 shall
21result in suspension or revocation of the department’s approval
22for the manufacturer to market ignition interlock devices in this
23state.

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

32(j) This section shall remain in effect only until January 1,begin delete 2025,end delete
33begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
34that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
35that date.

36

SEC. 22.  

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

37

13386.  

(a) (1) The department shall certify or cause to be
38certified ignition interlock devices required by Article 5
39(commencing with Section 23575) of Chapter 2 of Division 11.5
40and publish a list of approved devices.

P64   1(2) (A) The department shall ensure that ignition interlock
2devices that have been certified according to the requirements of
3this section continue to meet certification requirements. The
4department may periodically require manufacturers to indicate in
5writing whether the devices continue to meet certification
6requirements.

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

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

17(ii) The denial of certification for an ignition interlock device
18in another state was due to a failure of an ignition interlock device
19to meet the standards adopted by the regulation set forth in clause
20(i), specifically Sections 1 and 2 of the model specification for
21breath alcohol ignition interlock devices, as published by notice
22in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992,
23on pages 11774 to 11787, inclusive, or the Model Specifications
24for Breath Alcohol Ignition Interlock Devices, as published by
25notice in the Federal Register, Vol. 78, No. 89, Wednesday, May
268, 2013, on pages 25489 to 26867, inclusive.

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

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

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

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

P65   1(d) The department shall utilize information from an
2independent, accredited (ISO/IEC 17025) laboratory to certify
3ignition interlock devices of the manufacturer or manufacturer’s
4agent, in accordance with the guidelines. The cost of certification
5shall be borne by the manufacturers of ignition interlock devices.
6If the certification of a device is suspended or revoked, the
7manufacturer of the device shall be responsible for, and shall bear
8the cost of, the removal of the device and the replacement of a
9certified device of the manufacturer or another manufacturer.

10(e) A model of ignition interlock device shall not be certified
11unless it meets the accuracy requirements and specifications
12provided in the guidelines adopted by the National Highway Traffic
13Safety Administration.

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

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

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

34(2) A “Verification of Installation” to be returned to the
35department by the reinstating offender upon application for
36reinstatement. Copies shall be provided for the manufacturer or
37the manufacturer’s agent.

38(3) A “Notice of Noncompliance” and procedures to ensure
39continued use of the ignition interlock device during the restriction
40period and to ensure compliance with maintenance requirements.
P66   1The maintenance period shall be standardized at 60 days to
2maximize monitoring checks for equipment tampering.

3(h) Every manufacturer and manufacturer’s agent certified by
4the department to provide ignition interlock devices shall adopt
5fee schedules that provide for the payment of the costs of the device
6by applicants in amounts commensurate with the applicant’s ability
7to pay.

8(i) A person who manufactures, installs, services, or repairs, or
9otherwise deals in ignition interlock devices shall not disclose,
10sell, or transfer to a third party any individually identifiable
11information pertaining to individuals who are required by law to
12install an ignition interlock device on a vehicle that he or she owns
13or operates, except to the extent necessary to confirm or deny that
14an individual has complied with ignition interlock device
15installation and maintenance requirements.

16(j) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

17

SEC. 23.  

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

18

13390.  

(a) A temporary license issued pursuant to Section
1913382, 13388, or 13389 shall contain a notice that the person may
20be able to regain driving privileges with the installation of an
21ignition interlock device, that financial assistance may be available
22for that purpose, and a contact for obtaining more information
23regarding the ignition interlock program.

24(b) This section shall remain in effect only until January 1,begin delete 2025,end delete
25begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
26 that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
27that date.

28

SEC. 24.  

Section 23103.5 of the Vehicle Code is amended to
29read:

30

23103.5.  

(a) If the prosecution agrees to a plea of guilty or
31nolo contendere to a charge of a violation of Section 23103 in
32satisfaction of, or as a substitute for, an original charge of a
33violation of Section 23152, the prosecution shall state for the record
34a factual basis for the satisfaction or substitution, including whether
35or not there had been consumption of an alcoholic beverage or
36ingestion or administration of a drug, or both, by the defendant in
37connection with the offense. The statement shall set forth the facts
38that show whether or not there was a consumption of an alcoholic
39beverage or the ingestion or administration of a drug by the
40defendant in connection with the offense.

P67   1(b) The court shall advise the defendant, prior to the acceptance
2of the plea offered pursuant to a factual statement pursuant to
3subdivision (a), of the consequences of a conviction of a violation
4of Section 23103 as set forth in subdivision (c).

5(c) If the court accepts the defendant’s plea of guilty or nolo
6contendere to a charge of a violation of Section 23103 and the
7prosecutor’s statement under subdivision (a) states that there was
8consumption of an alcoholic beverage or the ingestion or
9administration of a drug by the defendant in connection with the
10offense, the resulting conviction shall be a prior offense for the
11purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
12as specified in those sections.

13(d) The court shall notify the Department of Motor Vehicles of
14each conviction of Section 23103 that is required under this section
15to be a prior offense for purposes of Section 23540, 23546, 23550,
1623560, 23566, or 23622.

17(e) Except as provided in paragraph (1) of subdivision (f), if the
18court places the defendant on probation for a conviction of Section
1923103 that is required under this section to be a prior offense for
20purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
21the court shall order the defendant to enroll in an alcohol and drug
22education program licensed under Chapter 9 (commencing with
23Section 11836) of Part 2 of Division 10.5 of the Health and Safety
24Code and complete, at a minimum, the educational component of
25that program, as a condition of probation. If compelling
26circumstances exist that mitigate against including the education
27component in the order, the court may make an affirmative finding
28to that effect. The court shall state the compelling circumstances
29and the affirmative finding on the record, and may, in these cases,
30exclude the educational component from the order.

31(f) (1) If the court places on probation a defendant convicted
32of a violation of Section 23103 that is required under this section
33to be a prior offense for purposes of Section 23540, 23546, 23550,
3423560, 23566, or 23622, and that offense occurred within 10 years
35of a separate conviction of a violation of Section 23103, as
36specified in this section, or within 10 years of a conviction of a
37violation of Section 23152 or 23153, the court shall order the
38defendant to participate for nine months or longer, as ordered by
39the court, in a program licensed under Chapter 9 (commencing
40with Section 11836) of Part 2 of Division 10.5 of the Health and
P68   1Safety Code that consists of at least 60 hours of program activities,
2including education, group counseling, and individual interview
3sessions.

4(2) The court shall revoke the person’s probation, except for
5good cause shown, for the failure to enroll in, participate in, or
6complete a program specified in paragraph (1).

7(g) Commencingbegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert the court may
8require a person convicted on or afterbegin delete July 1, 2018,end deletebegin insert January 1,
92019,end insert
of a violation of Section 23103, as described in this section,
10to install a functioning, certified ignition interlock device on any
11vehicle that the personbegin delete owns orend delete operates and prohibit that person
12from operating a motor vehicle unless that vehicle is equipped
13with a functioning, certified ignition interlock device. If the court
14orders the ignition interlock device restriction, the term shall be
15determined by the court for a period of at least three months, but
16no longer than the term specified in Section 23575.3 that would
17have applied to the defendant had he or she instead been convicted
18of a violation of Section 23152, 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. A person
24who is required to install a functioning, certified ignition interlock
25device pursuant to this subdivision shall submit the “Verification
26of Installation” form described in paragraph (2) of subdivision (g)
27of Section 13386 and maintain the ignition interlock device as
28required under subdivision (f) of Section 23575.3. The department
29shall monitor the installation and maintenance of the ignition
30interlock device installed pursuant to this subdivision.

31(h) The Department of Motor Vehicles shall include in its annual
32report to the Legislature under Section 1821 an evaluation of the
33effectiveness of the programs described in subdivisions (e) and
34(g) as to treating persons convicted of violating Section 23103.

35(i) This section shall remain in effect only until January 1,begin delete 2025,end delete
36begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
37that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
38that date.

39

SEC. 25.  

Section 23103.5 is added to the Vehicle Code, to
40read:

P69   1

23103.5.  

(a) If the prosecution agrees to a plea of guilty or
2nolo contendere to a charge of a violation of Section 23103 in
3satisfaction of, or as a substitute for, an original charge of a
4violation of Section 23152, the prosecution shall state for the record
5a factual basis for the satisfaction or substitution, including whether
6or not there had been consumption of an alcoholic beverage or
7ingestion or administration of a drug, or both, by the defendant in
8connection with the offense. The statement shall set forth the facts
9that show whether or not there was a consumption of an alcoholic
10beverage or the ingestion or administration of a drug by the
11defendant in connection with the offense.

12(b) The court shall advise the defendant, prior to the acceptance
13of the plea offered pursuant to a factual statement pursuant to
14subdivision (a), of the consequences of a conviction of a violation
15of Section 23103 as set forth in subdivision (c).

16(c) If the court accepts the defendant’s plea of guilty or nolo
17contendere to a charge of a violation of Section 23103 and the
18prosecutor’s statement under subdivision (a) states that there was
19consumption of an alcoholic beverage or the ingestion or
20administration of a drug by the defendant in connection with the
21offense, the resulting conviction shall be a prior offense for the
22purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
23as specified in those sections.

24(d) The court shall notify the Department of Motor Vehicles of
25each conviction of Section 23103 that is required under this section
26to be a prior offense for purposes of Section 23540, 23546, 23550,
2723560, 23566, or 23622.

28(e) Except as provided in paragraph (1) of subdivision (f), if the
29court places the defendant on probation for a conviction of Section
3023103 that is required under this section to be a prior offense for
31purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,
32the court shall order the defendant to enroll in an alcohol and drug
33education program licensed under Chapter 9 (commencing with
34Section 11836) of Part 2 of Division 10.5 of the Health and Safety
35Code and complete, at a minimum, the educational component of
36that program, as a condition of probation. If compelling
37circumstances exist that mitigate against including the education
38component in the order, the court may make an affirmative finding
39to that effect. The court shall state the compelling circumstances
P70   1and the affirmative finding on the record, and may, in these cases,
2exclude the educational component from the order.

3(f) (1) If the court places on probation a defendant convicted
4of a violation of Section 23103 that is required under this section
5to be a prior offense for purposes of Section 23540, 23546, 23550,
623560, 23566, or 23622, and that offense occurred within 10 years
7of a separate conviction of a violation of Section 23103, as
8specified in this section, or within 10 years of a conviction of a
9violation of Section 23152 or 23153, the court shall order the
10defendant to participate for nine months or longer, as ordered by
11the court, in a program licensed under Chapter 9 (commencing
12with Section 11836) of Part 2 of Division 10.5 of the Health and
13Safety Code that consists of at least 60 hours of program activities,
14including education, group counseling, and individual interview
15sessions.

16(2) The court shall revoke the person’s probation, except for
17good cause shown, for the failure to enroll in, participate in, or
18complete a program specified in paragraph (1).

19(g) The Department of Motor Vehicles shall include in its annual
20report to the Legislature under Section 1821 an evaluation of the
21effectiveness of the programs described in subdivisions (e) and (f)
22as to treating persons convicted of violating Section 23103.

23(h) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

24

SEC. 26.  

Section 23247 of the Vehicle Code is amended to
25read:

26

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
27or lend a motor vehicle to another person known to have had his
28or her driving privilege restricted as provided in Section 13352,
2923575, or 23700, unless the vehicle is equipped with a functioning,
30certified ignition interlock device. A person, whose driving
31privilege is restricted pursuant to Section 13352, 23575, or 23700
32shall notify any other person who rents, leases, or loans a motor
33vehicle to him or her of the driving restriction imposed under that
34section.

35(b) It is unlawful for any person whose driving privilege is
36restricted pursuant to Section 13352, 23575, or 23700 to request
37or solicit any other person to blow into an ignition interlock device
38or to start a motor vehicle equipped with the device for the purpose
39of providing the person so restricted with an operable motor
40vehicle.

P71   1(c) It is unlawful to blow into an ignition interlock device or to
2start a motor vehicle equipped with the device for the purpose of
3providing an operable motor vehicle to a person whose driving
4privilege is restricted pursuant to Section 13352, 23575, or 23700.

5(d) It is unlawful to remove, bypass, or tamper with, an ignition
6interlock device.

7(e) It is unlawful for any person whose driving privilege is
8restricted pursuant to Section 13352, 23575, or 23700 to operate
9any vehicle not equipped with a functioning, certified ignition
10interlock device.

11(f) Any person convicted of a violation of this section shall be
12punished by imprisonment in a county jail for not more than six
13 months or by a fine of not more than five thousand dollars ($5,000),
14or by both that fine and imprisonment.

15(g) (1) If any person whose driving privilege is restricted
16pursuant to Section 13352 is convicted of a violation of subdivision
17(e), the court shall notify the Department of Motor Vehicles, which
18shall immediately terminate the restriction and shall suspend or
19revoke the person’s driving privilege for the remaining period of
20the originating suspension or revocation and until all reinstatement
21requirements in Section 13352 are met.

22(2) If any person who is restricted pursuant to subdivision (a)
23or (l) of Section 23575 or Section 23700 is convicted of a violation
24of subdivision (e), the department shall suspend the person’s
25driving privilege for one year from the date of the conviction.

26(h) Notwithstanding any other law, if a vehicle in which a
27functioning, certified ignition interlock device has been installed
28is impounded, the manufacturer or installer of the device shall
29have the right to remove the device from the vehicle during normal
30business hours. No charge shall be imposed for the removal of the
31device nor shall the manufacturer or installer be liable for any
32removal, towing, impoundment, storage, release, or administrative
33costs or penalties associated with the impoundment. Upon request,
34the person seeking to remove the device shall present
35documentation to justify removal of the device from the vehicle.
36Any damage to the vehicle resulting from the removal of the device
37is the responsibility of the person removing it.

begin delete

38(i) This section shall become inoperative on July 1, 2018, and,
39as of January 1, 2019, is repealed, unless a later enacted statute,
P72   1that becomes operative on or before January 1, 2019, deletes or
2extends the dates on which it becomes inoperative and is repealed.

end delete
begin insert

3
(i) This section shall remain in effect only until January 1, 2019,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2019, deletes or extends that date.

end insert
6

SEC. 27.  

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

7

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
8or lend a motor vehicle to another person known to have had his
9or her driving privilege restricted as provided in Section 13352,
1013352.4, 23575, 23575.3, or 23700, unless the vehicle is equipped
11with a functioning, certified ignition interlock device. A person,
12whose driving privilege is restricted pursuant to Section 13352,
1313352.4, 23575, 23575.3, or 23700 shall notify any other person
14who rents, leases, or loans a motor vehicle to him or her of the
15driving restriction imposed under that section.

16(b) It is unlawful for any person whose driving privilege is
17restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
1823700 to request or solicit any other person to blow into an ignition
19interlock device or to start a motor vehicle equipped with the device
20for the purpose of providing the person so restricted with an
21operable motor vehicle.

22(c) It is unlawful to blow into an ignition interlock device or to
23start a motor vehicle equipped with the device for the purpose of
24providing an operable motor vehicle to a person whose driving
25privilege is restricted pursuant to Section 13352, 13352.4, 23575,
2623575.3, or 23700.

27(d) It is unlawful to remove, bypass, or tamper with, an ignition
28interlock device.

29(e) It is unlawful for any person whose driving privilege is
30restricted pursuant to Section 13352, 13352.4, 23575, 23575.3, or
3123700 to operate any vehicle not equipped with a functioning
32ignition interlock device.

33(f) Any person convicted of a violation of this section shall be
34punished by imprisonment in a county jail for not more than six
35months or by a fine of not more than five thousand dollars ($5,000),
36or by both that fine and imprisonment.

37(g) (1) If any person whose driving privilege is restricted
38pursuant to Section 13352 or 13352.4 is convicted of a violation
39of subdivision (e), the court shall notify the Department of Motor
40Vehicles, which shall immediately terminate the restriction and
P73   1shall suspend or revoke the person’s driving privilege for the
2remaining period of the originating suspension or revocation and
3until all reinstatement requirements in Section 13352 are met.

4(2) If any person who is restricted pursuant to Section 23575.3,
5subdivision (a) or (i) of Section 23575, or Section 23700 is
6convicted of a violation of subdivision (e), the department shall
7suspend the person’s driving privilege for one year from the date
8of the conviction.

9(h) Notwithstanding any other law, if a vehicle in which a
10functioning, certified ignition interlock device has been installed
11is impounded, the manufacturer or installer of the device shall
12have the right to remove the device from the vehicle during normal
13business hours. No charge shall be imposed for the removal of the
14device nor shall the manufacturer or installer be liable for any
15removal, towing, impoundment, storage, release, or administrative
16costs or penalties associated with the impoundment. Upon request,
17the person seeking to remove the device shall present
18documentation to justify removal of the device from the vehicle.
19Any damage to the vehicle resulting from the removal of the device
20is the responsibility of the person removing it.

21(i) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
221, 2019.end insert

23(j) This section shall remain in effect only until January 1,begin delete 2025,end delete
24begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
25that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
26that date.

27

SEC. 28.  

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

28

23247.  

(a) It is unlawful for a person to knowingly rent, lease,
29or lend a motor vehicle to another person known to have had his
30or her driving privilege restricted as provided in Section 13352,
3123575, or 23700, unless the vehicle is equipped with a functioning,
32certified ignition interlock device. A person, whose driving
33privilege is restricted pursuant to Section 13352, 23575, or 23700
34shall notify any other person who rents, leases, or loans a motor
35vehicle to him or her of the driving restriction imposed under that
36section.

37(b) It is unlawful for any person whose driving privilege is
38restricted pursuant to Section 13352, 23575, or 23700 to request
39or solicit any other person to blow into an ignition interlock device
40or to start a motor vehicle equipped with the device for the purpose
P74   1of providing the person so restricted with an operable motor
2vehicle.

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

7(d) It is unlawful to remove, bypass, or tamper with, an ignition
8interlock device.

9(e) It is unlawful for any person whose driving privilege is
10restricted pursuant to Section 13352, 23575, or 23700 to operate
11any vehicle not equipped with a functioning, certified ignition
12interlock device.

13(f) Any person convicted of a violation of this section shall be
14punished by imprisonment in a county jail for not more than six
15months or by a fine of not more than five thousand dollars ($5,000),
16or by both that fine and imprisonment.

17(g) (1) If any person whose driving privilege is restricted
18pursuant to Section 13352 is convicted of a violation of subdivision
19(e), the court shall notify the Department of Motor Vehicles, which
20shall immediately terminate the restriction and shall suspend or
21revoke the person’s driving privilege for the remaining period of
22the originating suspension or revocation and until all reinstatement
23requirements in Section 13352 are met.

24(2) If any person who is restricted pursuant to subdivision (a)
25or (l) of Section 23575 or Section 23700 is convicted of a violation
26of subdivision (e), the department shall suspend the person’s
27driving privilege for one year from the date of the conviction.

28(h) Notwithstanding any other law, if a vehicle in which a
29functioning, certified ignition interlock device has been installed
30is impounded, the manufacturer or installer of the device shall
31have the right to remove the device from the vehicle during normal
32business hours. No charge shall be imposed for the removal of the
33device nor shall the manufacturer or installer be liable for any
34removal, towing, impoundment, storage, release, or administrative
35costs or penalties associated with the impoundment. Upon request,
36the person seeking to remove the device shall present
37documentation to justify removal of the device from the vehicle.
38Any damage to the vehicle resulting from the removal of the device
39is the responsibility of the person removing it.

40(i) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

P75   1

SEC. 29.  

Section 23573 of the Vehicle Code is amended to
2read:

3

23573.  

(a) The Department of Motor Vehicles, upon receipt
4of the court’s abstract of conviction for a violation listed in
5subdivision (j), shall inform the convicted person of the
6requirements of this section and the term for which the person is
7required to have a functioning, certified ignition interlock device
8installed. The records of the department shall reflect the mandatory
9use of the device for the term required and the time when the device
10is required to be installed pursuant to this code.

11(b) The department shall advise the person that installation of
12 a functioning, certified ignition interlock device on a vehicle does
13not allow the person to drive without a valid driver’s license.

14(c) A person who is notified by the department pursuant to
15subdivision (a) shall, within 30 days of notification, complete all
16of the following:

17(1) Arrange for each vehiclebegin delete owned orend delete operated by the person
18to be fitted with a functioning, certified ignition interlock device
19by a certified ignition interlock device provider under Section
2013386.

21(2) Notify the department and provide to the department proof
22of installation by submitting the “Verification of Installation” form
23described in paragraph (2) of subdivision (g) of Section 13386.

24(3) Pay to the department a fee sufficient to cover the costs of
25administration of this section, including startup costs, as determined
26by the department.

27(d) The department shall place a restriction on the driver’s
28license record of the convicted person that states the driver is
29restricted to driving only vehicles equipped with a functioning,
30certified ignition interlock device.

31(e) (1) A person who is notified by the department pursuant to
32subdivision (a) shall arrange for each vehicle with an ignition
33interlock device to be serviced by the installer at least once every
3460 days in order for the installer to recalibrate and monitor the
35operation of the device.

36(2) The installer shall notify the department if the device is
37removed or indicates that the person has attempted to remove,
38bypass, or tamper with the device, or if the personbegin delete fails three or
39more timesend delete
begin insert has failedend insert to comply with any requirement for the
40maintenance or calibration of the ignition interlock device.

P76   1(f) The department shall monitor the installation and
2maintenance of the ignition interlock device installed pursuant to
3subdivision (a).

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

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

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

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

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

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

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

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

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

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

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

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

P77   1(j) In addition to all other requirements of this code, a person
2convicted of any of the following violations shall be punished as
3follows:

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

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

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

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

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

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

begin delete

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

end delete
begin insert

38
(n) This section shall remain in effect only until January 1, 2019,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2019, deletes or extends that date.

end insert
P78   1

SEC. 30.  

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

2

23573.  

(a) The Department of Motor Vehicles, upon receipt
3of the court’s abstract of conviction for a violation listed in
4subdivision (j), shall inform the convicted person of the
5requirements of this section and the term for which the person is
6required to have a functioning, certified ignition interlock device
7installed. The records of the department shall reflect the mandatory
8use of the device for the term required and the time when the device
9is required to be installed pursuant to this code.

10(b) The department shall advise the person that installation of
11a functioning, certified ignition interlock device on a vehicle does
12not allow the person to drive without a valid driver’s license.

13(c) A person who is notified by the department pursuant to
14subdivision (a) shall, within 30 days of notification, complete all
15of the following:

16(1) Arrange for each vehiclebegin delete owned orend delete operated by the person
17to be fitted with a functioning, certified ignition interlock device
18by a certified ignition interlock device provider under Section
1913386.

20(2) Notify the department and provide to the department proof
21of installation by submitting the “Verification of Installation” form
22described in paragraph (2) of subdivision (g) of Section 13386.

23(3) Pay to the department a fee sufficient to cover the costs of
24administration of this section, including startup costs, as determined
25by the department.

26(d) The department shall place a restriction on the driver’s
27license record of the convicted person that states the driver is
28restricted to driving only vehicles equipped with a functioning,
29certified ignition interlock device.

30(e) (1) A person who is notified by the department pursuant to
31subdivision (a) shall arrange for each vehicle with an ignition
32interlock device to be serviced by the installer at least once every
3360 days in order for the installer to recalibrate and monitor the
34operation of the device.

35(2) The installer shall notify the department if the device is
36removed or indicates that the person has attempted to remove,
37bypass, or tamper with the device, or if the personbegin delete fails three or
38more timesend delete
begin insert has failedend insert to comply with any requirement for the
39maintenance or calibration of the ignition interlock device.

P79   1(f) The department shall monitor the installation and
2maintenance of the functioning, certified ignition interlock device
3installed pursuant to subdivision (a).

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

7(A) Withinbegin delete 60end deletebegin insert 30end insert days of the notification, the person certifies
8to the department all of the following:

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

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

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

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

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

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

24(C) The person complies with this section immediately upon
25commencingbegin delete ownership orend delete operation of a vehicle subject to the
26required installation of a functioning, certified ignition interlock
27device.

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

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

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

P80   1(j) In addition to all other requirements of this code, a person
2convicted of any of the following violations shall be punished as
3follows:

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

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

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

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

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

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

34(n) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
351, 2019.end insert

36(o) This section shall remain in effect only until January 1,begin delete 2025,end delete
37begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
38that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
39that date.

40

SEC. 31.  

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

P81   1

23573.  

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

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

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

15(1) Arrange for each vehiclebegin delete owned orend delete operated by the person
16to be fitted with a functioning, certified ignition interlock device
17by a certified ignition interlock device provider under Section
1813386.

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

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

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

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

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

P82   1(f) The department shall monitor the installation and
2maintenance of the ignition interlock device installed pursuant to
3subdivision (a).

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

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

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

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

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

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

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

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

24(C) The person complies with this section immediately upon
25commencingbegin delete ownership orend delete operation of a vehicle subject to the
26required installation of a functioning, certified ignition interlock
27device.

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

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

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

P83   1(j) In addition to all other requirements of this code, a person
2convicted of any of the following violations shall be punished as
3follows:

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

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

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

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

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

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

34(n) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

35

SEC. 32.  

Section 23575 of the Vehicle Code is amended to
36read:

37

23575.  

(a) (1) In addition to any other law, the court may
38require that a person convicted of a first offense violation of
39Section 23152 or 23153 install a functioning, certified ignition
40interlock device on any vehicle that the personbegin delete owns orend delete operates
P84   1and prohibit that person from operating a motor vehicle unless that
2vehicle is equipped with a functioning, certified ignition interlock
3device. The court shall give heightened consideration to applying
4this sanction to a first offense violator with 0.15 percent or more,
5by weight, of alcohol in his or her blood at arrest, or with two or
6more prior moving traffic violations, or to persons who refused
7the chemical tests at arrest. If the court orders the ignition interlock
8device restriction, the term shall be determined by the court for a
9period not to exceed three years from the date of conviction. The
10court shall notify the Department of Motor Vehicles, as specified
11in subdivision (a) of Section 1803, of the terms of the restrictions
12in accordance with subdivision (a) of Section 1804. The
13Department of Motor Vehicles shall place the restriction in the
14person’s records in the Department of Motor Vehicles.

15(2) The court shall require a person convicted of a violation of
16Section 14601.2 to install a functioning, certified ignition interlock
17device on any vehicle that the personbegin delete owns orend delete operates and prohibit
18the person from operating a motor vehicle unless the vehicle is
19equipped with a functioning, certified ignition interlock device.
20The term of the restriction shall be determined by the court for a
21period not to exceed three years from the date of conviction. The
22court shall notify the Department of Motor Vehicles, as specified
23in subdivision (a) of Section 1803, of the terms of the restrictions
24in accordance with subdivision (a) of Section 1804. The
25Department of Motor Vehicles shall place the restriction in the
26person’s records in the Department of Motor Vehicles.

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

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

36(d) A person whose driving privilege is restricted by the court
37pursuant to this section shall arrange for each vehicle with a
38functioning, certified ignition interlock device to be serviced by
39the installer at least once every 60 days in order for the installer
40to recalibrate and monitor the operation of the device. The installer
P85   1shall notify the court if the device is removed or indicates that the
2person has attempted to remove, bypass, or tamper with the device,
3or if the personbegin delete fails three or more timesend deletebegin insert has failedend insert to comply with
4a requirement for the maintenance or calibration of the ignition
5interlock device. There is no obligation for the installer to notify
6the court if the person has complied with all of the requirements
7of this article.

8(e) The court shall monitor the installation and maintenance of
9 a functioning, certified ignition interlock device restriction ordered
10pursuant to subdivision (a) or (l). If a person fails to comply with
11the court order, the court shall give notice of the fact to the
12department pursuant to Section 40509.1.

13(f) (1) If a person is convicted of a violation of Section 23152
14or 23153 and the offense occurred within 10 years of one or more
15separate violations of Section 23152 or 23153 that resulted in a
16conviction, or if a person is convicted of a violation of Section
1723103, as specified in Section 23103.5, and is suspended for one
18year under Section 13353.3, the person may apply to the
19Department of Motor Vehicles for a restricted driver’s license
20pursuant to Section 13352 or 13353.3 that prohibits the person
21from operating a motor vehicle unless that vehicle is equipped
22with a functioning, certified ignition interlock device, certified
23pursuant to Section 13386. The restriction shall remain in effect
24for at least the remaining period of the original suspension or
25revocation and until all reinstatement requirements in Section
2613352 or 13353.4 are met.

27(2) Pursuant to subdivision (g), the Department of Motor
28Vehicles shall immediately terminate the restriction issued pursuant
29to Section 13352 or 13353.3 and shall immediately suspend or
30revoke the privilege to operate a motor vehicle of a person who
31attempts to remove, bypass, or tamper with the device, who has
32the device removed prior to the termination date of the restriction,
33or whobegin delete fails three or more timesend deletebegin insert has failedend insert to comply with any
34requirement for the maintenance or calibration of the ignition
35interlock device ordered pursuant to Section 13352 or 13353.3.
36The privilege shall remain suspended or revoked for the remaining
37period of the originating suspension or revocation and until all
38reinstatement requirements in Section 13352 or 13353.4 arebegin delete met.end delete
39
begin insert met, except that if the person provides proof to the satisfaction of
40the department that he or she is in compliance with the restriction
P86   1issued pursuant to this section, the department may, in its
2discretion, restore the privilege to operate a motor vehicle and
3reimpose the remaining term of the restriction.end insert

4(g) A person whose driving privilege is restricted by the
5Department of Motor Vehicles pursuant to Section 13352 or
613353.3 shall arrange for each vehicle with a functioning, certified
7ignition interlock device to be serviced by the installer at least
8once every 60 days in order for the installer to recalibrate the device
9and monitor the operation of the device. The installer shall notify
10the Department of Motor Vehicles if the device is removed or
11indicates that the person has attempted to remove, bypass, or
12tamper with the device, or if the personbegin delete fails three or more timesend delete
13begin insert has failedend insert to comply with any requirement for the maintenance or
14calibration of the ignition interlock device. There is no obligation
15on the part of the installer to notify the department or the court if
16the person has complied with all of the requirements of this section.

17(h) Nothing in this section permits a person to drive without a
18valid driver’s license.

19(i) The Department of Motor Vehicles shall include information
20along with the order of suspension or revocation for repeat
21offenders informing them that after a specified period of suspension
22or revocation has been completed, the person may either install a
23functioning, certified ignition interlock device on any vehicle that
24the personbegin delete owns orend delete operates or remain with a suspended or revoked
25driver’s license.

26(j) Pursuant to this section, an out-of-state resident who
27otherwise would qualify for a functioning, certified ignition
28interlock device restricted license in California shall be prohibited
29from operating a motor vehicle in California unless that vehicle is
30equipped with a functioning, certified ignition interlock device.
31An ignition interlock device is not required to be installed on any
32vehicle owned by the defendant that is not driven in California.

33(k) If a medical problem does not permit a person to breathe
34with sufficient strength to activate the device, that person shall
35only have the suspension option.

36(l) This section does not restrict a court from requiring
37installation of a functioning, certified ignition interlock device and
38prohibiting operation of a motor vehicle unless that vehicle is
39equipped with a functioning, certified ignition interlock device for
40a person to whom subdivision (a) or (b) does not apply. The term
P87   1of the restriction shall be determined by the court for a period not
2to exceed three years from the date of conviction. The court shall
3notify the Department of Motor Vehicles, as specified in
4subdivision (a) of Section 1803, of the terms of the restrictions in
5accordance with subdivision (a) of Section 1804. The Department
6of Motor Vehicles shall place the restriction in the person’s records
7in the Department of Motor Vehicles.

8(m) For the purposes of this section, “vehicle” does not include
9a motorcycle until the state certifies an ignition interlock device
10that can be installed on a motorcycle. Any person subject to an
11ignition interlock device restriction shall not operate a motorcycle
12for the duration of the ignition interlock device restriction period.

13(n) begin insert(1)end insertbegin insertend insertFor the purposes of this section, “owned” means solely
14owned or owned in conjunction with another person or legal entity.
15
begin delete Forend delete

16begin insert(2)end insertbegin insertend insertbegin insertForend insert purposes of this section, “operates” includes operating
17a vehicle that is not owned by the person subject to this section.

18(o) For the purposes of this section, “bypass”begin delete includes, but is
19not limited to,end delete
begin insert meansend insert either of the following:

begin delete

20(1) A combination of failing or not taking the ignition interlock
21device rolling retest three consecutive times.

22(2) An incidence of failing or not taking the ignition interlock
23device rolling retest, when not followed by an incidence of passing
24the ignition interlock rolling retest prior to turning off the vehicle’s
25engine.

30 26(p) 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.

end delete
begin insert

30
(1) Failure to take any random retest.

end insert
begin insert

31
(2) Failure to pass a random retest with a blood alcohol
32concentration not exceeding 0.03 percent, by weight of alcohol,
33in the person’s blood.

end insert
begin insert

34
(p) The department shall adopt regulations specifying the
35intervals between random retests.

end insert
begin insert

36
(q) For purposes of this section, “random retest” means a
37breath test performed by the driver upon a certified ignition
38interlock device at random intervals after the initial engine startup
39breath test and while the vehicle’s motor is running.

end insert
begin insert

P88   1
(r) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.

end insert
4

SEC. 33.  

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

5

23575.  

(a) The court shall require a person convicted of a
6violation of Section 14601.2 to install a functioning, certified
7ignition interlock device on any vehicle that the personbegin delete owns orend delete
8 operates and prohibit the person from operating a motor vehicle
9unless the vehicle is equipped with a functioning, certified ignition
10interlock device. The term of the restriction shall be determined
11by the court for a period not to exceed three years from the date
12of conviction. The court shall notify the Department of Motor
13Vehicles, as specified in subdivision (a) of Section 1803, of the
14terms of the restrictions in accordance with subdivision (a) of
15Section 1804. The Department of Motor Vehicles shall place the
16restriction in the person’s records in the Department of Motor
17Vehicles.

18(b) The court shall include on the abstract of conviction or
19violation submitted to the Department of Motor Vehicles under
20Section 1803 or 1816 the requirement and term for the use of a
21functioning, certified ignition interlock device. The records of the
22department shall reflect mandatory use of the device for the term
23ordered by the court.

24(c) The court shall advise the person that installation of an
25ignition interlock device on a vehicle does not allow the person to
26drive without a valid driver’s license.

27(d) A person whose driving privilege is restricted by the court
28pursuant to this section shall arrange for each vehicle with a
29functioning, certified ignition interlock device to be serviced by
30the installer at least once every 60 days in order for the installer
31to recalibrate and monitor the operation of the device. The installer
32shall notify the court if the device is removed or indicates that the
33person has attempted to remove, bypass, or tamper with the device,
34or if the personbegin delete failsend deletebegin insert has failedend insert to comply with a requirement for
35the maintenance or calibration of the ignition interlock device.
36There is no obligation for the installer to notify the court if the
37person has complied with all of the requirements of this article.

38(e) The court shall monitor the installation and maintenance of
39a functioning, certified ignition interlock device restriction ordered
40pursuant to subdivision (a) or (i). If a person fails to comply with
P89   1the court order, the court shall give notice of the fact to the
2department pursuant to Section 40509.1.

3(f) Nothing in this section permits a person to drive without a
4valid driver’s license.

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

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

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

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

32(k) begin insert(1)end insertbegin insertend insertFor the purposes of this section, “owned” means solely
33owned or owned in conjunction with another person or legal entity.
34
begin delete Forend delete

35begin insert(2)end insertbegin insertend insertbegin insertForend insert purposes of this section, “operates” includes operating
36a vehicle that is not owned by the person subject to this section.

37(l) For the purposes of this section, “bypass” means either of
38the following:

39(1) Failure to take any random retest.

P90   1(2) Failure to pass any random retest with a blood alcohol
2concentration not exceeding 0.03 percent, by weight of alcohol,
3in the person’s blood.

4(m) The department shall adopt regulations specifying the
5intervals between random retests.

6(n) For purposes of this section, “random retest” means a breath
7test performed bybegin insert the driver uponend insert a certified ignition interlock
8device at random intervals after the initial engine startup breath
9test and while the vehicle’s motor is running.

10(o) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
111, 2019.end insert

12(p) This section shall remain in effect only until January 1,begin delete 2025,end delete
13begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
14that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
15that date.

16

SEC. 34.  

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

17

23575.  

(a) (1) In addition to any other law, the court may
18require that a person convicted of a first offense violation of
19Section 23152 or 23153 install a functioning, certified ignition
20interlock device on any vehicle that the personbegin delete owns orend delete operates
21and prohibit that person from operating a motor vehicle unless that
22vehicle is equipped with a functioning, certified ignition interlock
23device. The court shall give heightened consideration to applying
24this sanction to a first offense violator with 0.15 percent or more,
25by weight, of alcohol in his or her blood at arrest, or with two or
26more prior moving traffic violations, or to persons who refused
27 the chemical tests at arrest. If the court orders the ignition interlock
28 device restriction, the term shall be determined by the court for a
29period not to exceed three years from the date of conviction. The
30court shall notify the Department of Motor Vehicles, as specified
31in subdivision (a) of Section 1803, of the terms of the restrictions
32in accordance with subdivision (a) of Section 1804. The
33Department of Motor Vehicles shall place the restriction in the
34person’s records in the Department of Motor Vehicles.

35(2) The court shall require a person convicted of a violation of
36Section 14601.2 to install a functioning, certified ignition interlock
37device on any vehicle that the personbegin delete owns orend delete operates and prohibit
38the person from operating a motor vehicle unless the vehicle is
39equipped with a functioning, certified ignition interlock device.
40The term of the restriction shall be determined by the court for a
P91   1period not to exceed three years from the date of conviction. The
2court shall notify the Department of Motor Vehicles, as specified
3in subdivision (a) of Section 1803, of the terms of the restrictions
4in accordance with subdivision (a) of Section 1804. The
5Department of Motor Vehicles shall place the restriction in the
6person’s records in the Department of Motor Vehicles.

7(b) The court shall include on the abstract of conviction or
8violation submitted to the Department of Motor Vehicles under
9Section 1803 or 1816 the requirement and term for the use of a
10functioning, certified ignition interlock device. The records of the
11department shall reflect mandatory use of the device for the term
12ordered by the court.

13(c) The court shall advise the person that installation of a
14functioning, certified ignition interlock device on a vehicle does
15not allow the person to drive without a valid driver’s license.

16(d) A person whose driving privilege is restricted by the court
17pursuant to this section shall arrange for each vehicle with a
18functioning, certified ignition interlock device to be serviced by
19the installer at least once every 60 days in order for the installer
20to recalibrate and monitor the operation of the device. The installer
21shall notify the court if the device is removed or indicates that the
22person has attempted to remove, bypass, or tamper with the device,
23or if the personbegin delete fails three or more timesend deletebegin insert has failedend insert to comply with
24a requirement for the maintenance or calibration of the ignition
25interlock device. There is no obligation for the installer to notify
26the court if the person has complied with all of the requirements
27of this article.

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

33(f) (1) If a person is convicted of a violation of Section 23152
34or 23153 and the offense occurred within 10 years of one or more
35separate violations of Section 23152 or 23153 that resulted in a
36conviction, or if a person is convicted of a violation of Section
3723103, as specified in Section 23103.5, and is suspended for one
38year under Section 13353.3, the person may apply to the
39Department of Motor Vehicles for a restricted driver’s license
40pursuant to Section 13352 or 13353.3 that prohibits the person
P92   1from operating a motor vehicle unless that vehicle is equipped
2with a functioning, certified ignition interlock device, certified
3pursuant to Section 13386. The restriction shall remain in effect
4for at least the remaining period of the original suspension or
5revocation and until all reinstatement requirements in Section
613352 or 13353.4 are met.

7(2) Pursuant to subdivision (g), the Department of Motor
8Vehicles shall immediately terminate the restriction issued pursuant
9to Section 13352 or 13353.3 and shall immediately suspend or
10revoke the privilege to operate a motor vehicle of a person who
11attempts to remove, bypass, or tamper with the device, who has
12the device removed prior to the termination date of the restriction,
13or whobegin delete fails three or more timesend deletebegin insert has failedend insert to comply with any
14requirement for the maintenance or calibration of the ignition
15interlock device ordered pursuant to Section 13352 or 13353.3.
16The privilege shall remain suspended or revoked for the remaining
17period of the originating suspension or revocation and until all
18reinstatement requirements in Section 13352 or 13353.4 arebegin delete met.end delete
19
begin insert met, exceptend insertbegin insert that if the person provides proof to the satisfaction of
20the department that he or she is in compliance with the restriction
21issued pursuant to this section, the department may, in its
22discretion, restore the privilege to operate a motor vehicle and
23reimpose the remaining term of the restriction.end insert

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

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

39(i) The Department of Motor Vehicles shall include information
40along with the order of suspension or revocation for repeat
P93   1offenders informing them that after a specified period of suspension
2or revocation has been completed, the person may either install a
3functioning, certified ignition interlock device on any vehicle that
4the person owns or operates or remain with a suspended or revoked
5driver’s license.

6(j) Pursuant to this section, an out-of-state resident who
7otherwise would qualify for a functioning, certified ignition
8interlock device restricted license in California shall be prohibited
9from operating a motor vehicle in California unless that vehicle is
10equipped with a functioning, certified ignition interlock device.
11An ignition interlock device is not required to be installed on any
12vehicle owned by the defendant that is not driven in California.

13(k) If a medical problem does not permit a person to breathe
14with sufficient strength to activate the device, that person shall
15only have the suspension option.

16(l) This section does not restrict a court from requiring
17installation of a functioning, certified ignition interlock device and
18prohibiting operation of a motor vehicle unless that vehicle is
19equipped with a functioning, certified ignition interlock device for
20a person to whom subdivision (a) or (b) does not apply. The term
21of the restriction shall be determined by the court for a period not
22to exceed three years from the date of conviction. The court shall
23notify the Department of Motor Vehicles, as specified in
24subdivision (a) of Section 1803, of the terms of the restrictions in
25accordance with subdivision (a) of Section 1804. The Department
26of Motor Vehicles shall place the restriction in the person’s records
27in the Department of Motor Vehicles.

28(m) For the purposes of this section, “vehicle” does not include
29a motorcycle until the state certifies an ignition interlock device
30that can be installed on a motorcycle. Any person subject to an
31ignition interlock device restriction shall not operate a motorcycle
32for the duration of the ignition interlock device restriction period.

33(n) begin insert(1)end insertbegin insertend insertFor the purposes of this section, “owned” means solely
34owned or owned in conjunction with another person or legal entity.
35
begin delete Forend delete

36begin insert(2)end insertbegin insertend insertbegin insertForend insert purposes of this section, “operates” includes operating
37a vehicle that is not owned by the person subject to this section.

38(o) For the purposes of this section, “bypass”begin delete includes, but is
39not limited to,end delete
begin insert meansend insert either of the following:

begin delete

P94   1(1) A combination of failing or not taking the ignition interlock
2device rolling retest three consecutive times.

end delete
begin delete

3(2) An incidence of failing or not taking the ignition interlock
4device rolling retest, when not followed by an incidence of passing
5the ignition interlock rolling retest prior to turning off the vehicle’s
6engine.

end delete
begin insert

7
(1) Failure to take any random retest.

end insert
begin insert

8
(2) Failure to pass a random retest with a blood alcohol
9concentration not exceeding 0.03 percent, by weight of alcohol,
10in the person’s blood.

end insert
begin insert

11
(p) For purposes of this section, “random retest” means a
12breath test performed by the driver upon a certified ignition
13interlock device at random intervals after the initial engine startup
14breath test and while the vehicle’s motor is running.

end insert
begin delete

30 15(p)

end delete

16begin insert(q)end insert This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026.end insert

17

SEC. 35.  

Section 23575.3 is added to the Vehicle Code, to
18read:

19

23575.3.  

(a) In addition to any other requirement imposed by
20law, a court shall notify a person convicted of a violation listed in
21subdivision (h) that he or she is required to install a functioning,
22certified ignition interlock device on any vehicle that the person
23begin delete owns orend delete operates and that he or she is prohibited from operating
24a motor vehicle unless that vehicle is equipped with a functioning,
25certified ignition interlock device in accordance with this section.

26(b) The Department of Motor Vehicles, upon receipt of the
27court’s abstract of conviction for a violation listed in subdivision
28(h), shall inform the convicted person of the requirements of this
29section, including the term for which the person is required to have
30a certified ignition interlock device installed. The records of the
31department shall reflect the mandatory use of the device for the
32term required and the time when the device is required to be
33installed by this code.

34(c) The department shall advise the person that installation of
35a functioning, certified ignition interlock device on a vehicle does
36not allow the person to drive without a valid driver’s license.

37(d) (1) A person who is notified by the department pursuant to
38subdivision (b) shall do all of the following:

39(A) Arrange for each vehiclebegin delete owned orend delete operated by the person
40to be equipped with a functioning, certified ignition interlock
P95   1device by a certified ignition interlock device provider under
2Section 13386.

3(B) Provide to the department proof of installation by submitting
4the “Verification of Installation” form described in paragraph (2)
5of subdivision (g) of Section 13386.

6(C) Pay a fee, determined by the department, that is sufficient
7to cover the costs of administration of this section.

8(2) A person who is notified by the department pursuant to
9subdivision (b), is exempt from the requirements of this subdivision
10until the time he or she purchases or has access to a vehicle if,
11within 30 days of the notification, the person certifies to the
12department all of the following:

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

14(B) The person does not have access to a vehicle at his or her
15residence.

16(C) The person no longer has access to the vehicle he or she
17was driving at the time he or she was arrested for a violation that
18subsequently resulted in a conviction for a violation listed in
19subdivision (h).

20(D) The person acknowledges that he or she is only allowed to
21drive a vehicle that is equipped with a functioning, certified ignition
22interlock device.

23(E) The person acknowledges that he or she is required to have
24a valid driver’s license before he or she can drive.

25(F) The person acknowledges that he or she is subject to the
26requirements of this section when he or she purchases or has access
27to a vehicle.

28(e) In addition to any other restrictions the department places
29on the driver’s license record of the convicted person when the
30person is issued a restricted driver’s license pursuant to Section
3113352 or 13352.4, the department shall place a restriction on the
32driver’s license record of the person that states the driver is
33restricted to driving only vehicles equipped with a functioning,
34certified ignition interlock device for the applicable term.

35(f) (1) A person who is notified by the department pursuant to
36subdivision (b) shall arrange for each vehicle with a functioning,
37certified ignition interlock device to be serviced by the installer at
38least once every 60 days in order for the installer to recalibrate and
39monitor the operation of the device.

P96   1(2) The installer shall notify the department if the device is
2removed or indicates that the person has attempted to remove,
3bypass, or tamper with the device, or if the person fails three or
4more times to comply with any requirement for the maintenance
5or calibration of the ignition interlock device.

6(g) The department shall monitor the installation and
7maintenance of the ignition interlock device installed pursuant to
8subdivision (d).

9(h) A person is required to install a functioning, certified ignition
10interlock device pursuant to this section for the applicable term,
11as follows:

12(1) A person convicted of a violation of subdivision (a), (b),
13(d), or (f) of Section 23152 shall be required tobegin delete install a functioning,
14certified ignition interlock device, as follows:end delete
begin insert do the following, as
15applicable:end insert

16(A) Upon a conviction with no priors,begin delete unless the court finds it
17would not be in the best interests of justice to do so, and enters
18that finding on the record, the person shall install a functioning,
19certified ignition interlock device in the vehicle, as ordered by the
20court, that is owned or operated by that person for a mandatory
21term of six months.end delete
begin insert the court may order the installation of a
22functioning, certified ignition interlock device for a term of six
23months or the person may do either of the following:end insert

begin insert

24
(i) Install a functioning, certified ignition interlock device in
25any vehicle operated by that person for a mandatory term of six
26months. The person shall not operate a vehicle that does not have
27a functioning, certified ignition interlock device installed during
28that six month term.

end insert
begin insert

29
(ii) Drive with a restricted license for a minimum of one year,
30with a minimum of 8 months postconviction. The person may install
31a functioning, certified ignition interlock device at any time during
32the restricted license period and, upon notification of the
33Department of Motor Vehicles, drive with an unrestricted license
34for a mandatory term of six months pursuant to clause (i).

end insert

35(B) Upon a conviction with one prior, the person shall install a
36functioning, certified ignition interlock device in the vehicle, as
37ordered by the court, that isbegin delete owned orend delete operated by that person for
38a mandatory term of 12 months.

39(C) Upon a conviction with two priors, the person shall install
40a functioning, certified ignition interlock device in the vehicle, as
P97   1ordered by the court, that isbegin delete owned orend delete operated by that person for
2a mandatory term of 24 months.

3(D) Upon a conviction with three or more priors, the person
4shall install a functioning, certified ignition interlock device in the
5vehicle, as ordered by the court, that isbegin delete owned orend delete operated by that
6person for a mandatory term of 36 months.

7(2) A person convicted of a violation of subdivision (a), (b),
8(d), or (f) of Section 23153 shall install a functioning, certified
9ignition interlock device, as follows:

10(A) Upon a conviction with no priors, the person shall install a
11functioning, certified ignition interlock device in the vehicle, as
12ordered by the court, that isbegin delete owned orend delete operated by that person for
13a mandatory term of 12 months.

14(B) Upon a conviction with one prior, the person shall install a
15functioning, certified ignition interlock device in the vehicle, as
16ordered by the court, that isbegin delete owned orend delete operated by that person for
17a mandatory term of 24 months.

18(C) Upon a conviction with two priors, the person shall install
19a functioning, certified ignition interlock device in the vehicle, as
20ordered by the court, that isbegin delete owned orend delete operated by that person for
21a mandatory term of 36 months.

22(D) Upon a conviction with three or more priors, the person
23shall install a functioning, certified ignition interlock device in the
24vehicle, as ordered by the court, that isbegin delete owned orend delete operated by that
25person for a mandatory term of 48 months.

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

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

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

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

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

14(A) A person with an income at 100 percent of the federal
15poverty level or below and who provides income verification
16pursuant to paragraph (2) is responsible for 10 percent of the cost
17of the manufacturer’s standard ignition interlock device program
18costs, and any additional costs accrued by the person for
19noncompliance with program requirements.

20(B) A person with an income at 101 to 200 percent of the federal
21poverty level and who provides income verification pursuant to
22paragraph (2) is responsible for 25 percent of the cost of the
23manufacturer’s standard ignition interlock device program costs,
24and any additional costs accrued by the person for noncompliance
25with program requirements.

26(C) A person with an income at 201 to 300 percent of the federal
27poverty level and who provides income verification pursuant to
28paragraph (2) is responsible for 50 percent of the cost of the
29manufacturer’s standard ignition interlock device program costs,
30 and any additional costs accrued by the person for noncompliance
31with program requirements.

32(D) A person who is receiving CalFresh benefits and who
33provides proof of those benefits to the manufacturer or
34manufacturer’s agent or authorized installer is responsible for 50
35percent of the cost of the manufacturer’s standard ignition interlock
36device program costs, and any additional costs accrued by the
37 person for noncompliance with program requirements.

38(E) A person with an income at 301 to 400 percent of the federal
39poverty level and who provides income verification pursuant to
40paragraph (2) is responsible for 90 percent of the cost of the
P99   1manufacturer’s standard ignition interlock device program costs,
2and any additional costs accrued by the person for noncompliance
3with program requirements.

4(F) All other offenders are responsible for 100 percent of the
5cost of the ignition interlock device.

6(G) The manufacturer is responsible for the percentage of costs
7that the offender is not responsible for pursuant to subparagraphs
8(A) through (E), inclusive.

9(2) The ignition interlock device provider shall verify the
10offender’s income to determine the cost of the ignition interlock
11device pursuant to this subdivision by verifying one of the
12following documents from the offender:

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

14(B) The previous three months of weekly or monthly income
15 statements.

16(C) Employment Development Department verification of
17unemployment benefits.

18(l) The Department of Consumer Affairs may impose a civil
19assessment not to exceed one thousand dollars ($1,000) upon a
20manufacturer or manufacturer’s agent certified to provide ignition
21interlock devices who fails to inform an offender subject to this
22chapter of the provisions of subdivision (k), or who fails to comply
23with the provisions of subdivision (k).

24(m) This section does not permit a person to drive without a
25valid driver’s license.

26(n) The requirements of this section are in addition to any other
27requirements of law.

28(o) For the purposes of this section, “vehicle” does not include
29a motorcycle until the state certifies an ignition interlock device
30that can be installed on a motorcycle. A person subject to an
31ignition interlock device restriction shall not operate a motorcycle
32for the duration of the ignition interlock device restriction period.

33(p) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
341, 2019.end insert

35(q) This section shall remain in effect only until January 1,begin delete 2025,end delete
36begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
37that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
38that date.

39

SEC. 36.  

Section 23575.5 is added to the Vehicle Code, to
40read:

P100  1

23575.5.  

(a) On or before March 1,begin delete 2023,end deletebegin insert 2024,end insert the Department
2of Motor Vehicles shall report data to thebegin delete Legislative Analyst’s
3Officeend delete
begin insert Transportation Agencyend insert regarding the implementation and
4efficacy of the program enacted by the act that added this section.

5(b) The data described in subdivision (a) shall, at a minimum,
6include all of the following:

7(1) The number of individuals who were required to have a
8functioning, certified ignition interlock device installed as a result
9of the program who killed or injured anyone in an accident while
10he or she was operating a vehicle under the influence of alcohol.

11(2) The number of individuals who were required to have a
12functioning, certified ignition interlock device installed as a result
13of the program who were convicted of an alcohol-related violation
14of Section 23103, as specified in Section 23103.5, or Section
1523140, 23152, or 23153, or Section 191.5 or subdivision (a) of
16Section 192.5 of the Penal Code during the term in which the
17person was required to have the ignition interlock device installed.

18(3) The number of injuries and deaths resulting from
19alcohol-related motor vehicle accidents betweenbegin delete July 1, 2018,end delete
20begin insert January 1, 2019,end insert and January 1,begin delete 2023,end deletebegin insert 2024,end insert inclusive, and during
21periods of similar duration prior to the implementation of the
22program.

23(4) The number of individuals who have been convicted more
24than one time for driving under the influence of alcohol between
25begin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert and January 1,begin delete 2023,end deletebegin insert 2024,end insert
26 inclusive, and periods of similar duration prior to the
27implementation of the program.

28(5) Any other information requested by thebegin delete Legislative Analyst’s
29Officeend delete
begin insert Transportation Agencyend insert to assess the effectiveness of the
30statewide ignition interlock device requirement in reducing
31recidivism for driving-under-the-influence violations.

begin insert

32
(c) The Transportation Agency may contract with educational
33institutions to obtain and analyze the data required by this section.

end insert
begin delete

37 34(c)

end delete

35begin insert(d)end insert Thebegin delete Legislative Analyst’s Officeend deletebegin insert Transportation Agencyend insert
36 shall assess the program based on the data provided pursuant to
37subdivision (b) and shall report to the Legislature on the outcomes
38of the program no later than January 1,begin delete 2024.end deletebegin insert 2025.end insert

begin delete

3 39(d)

end delete

P101  1begin insert(e)end insert The report described in subdivision (a) shall be submitted
2in compliance with Section 9795 of the Government Code.

begin delete

5 3(e)

end delete

4begin insert(f)end insert (1) This section shall become operative onbegin delete July 1, 2018.end delete
5
begin insert January 1, 2019.end insert

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

SEC. 37.  

Section 23576 of the Vehicle Code is amended to
11read:

12

23576.  

(a) Notwithstanding Sections 23575 and 23700, if a
13person is required to operate a motor vehicle in the course and
14scope of his or her employment and if the vehicle is owned by the
15employer, the person may operate that vehicle without installation
16of a functioning, certified ignition interlock device if the employer
17has been notified by the person that the person’s driving privilege
18has been restricted pursuant to Section 23575 or 23700 and if the
19person has proof of that notification in his or her possession, or if
20the notice, or a facsimile copy thereof, is with the vehicle.

21(b) A motor vehicle owned by a business entity that is all or
22partly owned or controlled by a person otherwise subject to Section
2323575 or 23700, is not a motor vehicle owned by the employer
24subject to the exemption in subdivision (a).

begin delete

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.

end delete
begin insert

29
(c) This section shall remain in effect only until January ,1 2019,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2019, deletes or extends that date.

end insert
32

SEC. 38.  

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

33

23576.  

(a) Notwithstanding Sections 23575, 23575.3, and
3423700, if a person is required to operate a motor vehicle in the
35course and scope of his or her employment and if the vehicle is
36owned by the employer, the person may operate that vehicle
37without installation of a functioning, certified approved ignition
38interlock device if the employer has been notified by the person
39that the person’s driving privilege has been restricted pursuant to
40Section 23575, 23575.3, or 23700 and if the person has proof of
P102  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 onbegin delete July 1, 2018.end deletebegin insert January
81, 2019. end insert

9(d) This section shall remain in effect only until January 1,begin delete 2025,end delete
10begin insert 2026, end insertand as of that date is repealed, unless a later enacted statute,
11that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
12that date.

13

SEC. 39.  

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

14

23576.  

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

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

27(c) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026. end insert

29

SEC. 40.  

Section 23597 of the Vehicle Code is amended to
30read:

31

23597.  

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

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

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

P103  1(3) The person’s blood-alcohol level at the time of the violation.

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

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

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

7(b) Upon receipt of a duly certified abstract of the record of the
8court showing the court has ordered a 10-year revocation of a
9driver’s license pursuant to this section, the department shall revoke
10the person’s driver’s license for 10 years, except as provided in
11subdivision (c).

12(c) (1) Five years from the date of the last conviction of a
13violation of Section 23152 or 23153, a person whose license was
14revoked pursuant to subdivision (a) may apply to the department
15to have his or her privilege to operate a motor vehicle reinstated,
16subject to the condition that the person submits the “Verification
17of Installation” form described in paragraph (2) of subdivision (g)
18of Section 13386 and agrees to maintain a functioning, certified
19ignition interlock device as required under subdivision (g) of
20Section 23575. Notwithstanding Chapter 5 (commencing with
21Section 23700) or subdivision (f) of Section 23575, the ignition
22interlock device shall remain on the person’s motor vehicle for
23 two years following the reinstatement of the person’s driving
24privilege pursuant to this section.

25(2) The department shall reinstate the person’s license pursuant
26to paragraph (1), if the person satisfies all of the following
27conditions:

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

31(B) The person successfully completed a
32driving-under-the-influence program, licensed pursuant to Section
3311836 of the Health and Safety Code, following the date of the
34last conviction of a violation of Section 23152 or 23153.

35(C) The person was not convicted of violating Section 14601,
3614601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
37revocation period.

38(3) The department shall immediately terminate the restriction
39issued pursuant to this section and shall immediately revoke the
40privilege to operate a motor vehicle of a person who attempts to
P104  1remove, bypass, or tamper with the device, who has the device
2removed prior to the termination date of the restriction, or who
3fails three or more times to comply with any requirement for the
4maintenance or calibration of the ignition interlock device. The
5privilege shall remain revoked for the remaining period of the
6original revocation and until all reinstatement requirements are
7met.

begin delete

8(d) This section shall become inoperative on July 1, 2018, and,
9as of January 1, 2019, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2019, deletes or
11extends the dates on which it becomes inoperative and is repealed.

end delete
begin insert

12
(d) This section shall remain in effect only until January 1, 2019,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2019, deletes or extends that date.

end insert
15

SEC. 41.  

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

16

23597.  

(a) Notwithstanding Sections 13202.5, 13203, and
1713352, a court may order a 10-year revocation of the driver’s
18license of a person who has been convicted of three or more
19separate violations of Section 23152 or 23153, the last of which
20is punishable under Section 23546, 23550, 23550.5, or 23566.
21When making this order, the court shall consider all of the
22following:

23(1) The person’s level of remorse for the acts.

24(2) The period of time that has elapsed since the person’s
25previous convictions.

26(3) The person’s blood-alcohol level at the time of the violation.

27(4) The person’s participation in an alcohol treatment program.

28(5) The person’s risk to traffic or public safety.

29(6) The person’s ability to install a functioning, certified ignition
30interlock device in each motor vehicle that he or she owns or
31operates.

32(b) Upon receipt of a duly certified abstract of the record of the
33court showing the court has ordered a 10-year revocation of a
34driver’s license pursuant to this section, the department shall revoke
35the person’s driver’s license for 10 years, except as provided in
36subdivision (c).

37(c) (1) Five years from the date of the last conviction of a
38violation of Section 23152 or 23153, a person whose license was
39revoked pursuant to subdivision (a) may apply to the department
40to have his or her privilege to operate a motor vehicle reinstated,
P105  1subject to the condition that the person submits the “Verification
2of Installation” form described in paragraph (2) of subdivision (g)
3of Section 13386 and agrees to maintain a functioning, certified
4ignition interlock device as required under subdivision (f) of
5Section 23575.3. Notwithstanding Chapter 5 (commencing with
6Section 23700) or Section 23575.3, the ignition interlock device
7shall remain on the person’s motor vehicle for two years following
8the reinstatement of the person’s driving privilege pursuant to this
9section.

10(2) The department shall reinstate the person’s license pursuant
11to paragraph (1), if the person satisfies all of the following
12conditions:

13(A) The person was not convicted of any drug- or alcohol-related
14offenses, under state law, during the driver’s license revocation
15period.

16(B) The person successfully completed a
17driving-under-the-influence program, licensed pursuant to Section
1811836 of the Health and Safety Code, following the date of the
19last conviction of a violation of Section 23152 or 23153 of this
20code.

21(C) The person was not convicted of violating Section 14601,
2214601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
23revocation period.

24(3) The department shall immediately revoke the privilege to
25operate a motor vehicle of a person who attempts to remove,
26bypass, or tamper with the device, who has the device removed
27prior to the termination date of the restriction, or who fails to
28comply with any requirement for the maintenance or calibration
29of the ignition interlock device. The privilege shall remain revoked
30for the remaining period of the original revocation and until all
31reinstatement requirements are met, provided, however, that if the
32person provides proof to the satisfaction of the department that the
33person is in compliance with the restriction issued pursuant to this
34section, the department may, in its discretion, restore the privilege
35to operate a motor vehicle and reimpose the remaining term of the
36restriction.

37(d) This section shall become operative onbegin delete July 1, 2018.end deletebegin insert January
381, 2019. end insert

39(e) This section shall remain in effect only until January 1,begin delete 2025,end delete
40begin insert 2026,end insert and as of that date is repealed, unless a later enacted statute,
P106  1that is enacted before January 1,begin delete 2025,end deletebegin insert 2026,end insert deletes or extends
2that date.

3

SEC. 42.  

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

4

23597.  

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

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

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

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

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

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

17(6) The person’s ability to install a certified ignition interlock
18device in each motor vehicle that he or she owns or operates.

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

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

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

P107  1(A) The person was not convicted of any drug- or alcohol-related
2offenses, under state law, during the driver’s license revocation
3period.

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

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

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

21(d) This section shall become operative January 1,begin delete 2025.end deletebegin insert 2026. end insert

23

SEC. 43.  

Section 23702 of the Vehicle Code is amended to
24read:

begin delete
25

23702.  

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

end delete
30begin insert

begin insert23702.end insert  

end insert
begin insert

This chapter shall remain in effect only until January
311, 2019, and as of that date is repealed, unless a later enacted
32statute, that is enacted before January 1, 2019, deletes or extends
33that date.

end insert
34

SEC. 44.  

No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P108  1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

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