BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1046
          Author:   Hill (D), et al.
          Amended:  8/19/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 3/29/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SENATE FLOOR:  39-0, 5/31/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  79-0, 8/23/16 - See last page for vote

           SUBJECT:   Driving under the influence:  ignition interlock  
                     device


          SOURCE:    Author
          
          DIGEST:    This bill requires a driving under the influence  
          (DUI) offender to install an ignition interlock device (IID) on  
          his or her vehicle for a specified period of time in order to  
          get a restricted license or to reinstate his or her license and  
          to remove the required suspension time before a person can get a  
          restricted license.









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          Assembly Amendments (1) delay the implementation date until  
          January 1, 2019, and add a sunset date of January 1, 2026; (2)  
          provide for civil assessment of up to $1,000 against an ignition  
          interlock provider that fails to follow specified requirements;  
          and (3) require a report from the Department of Motor Vehicle  
          (DMV) due on January 1, 2025 on data collected on IIDs installed  
          under the provisions of this bill.


          ANALYSIS: 


          Existing law:


          1)Provides it is unlawful for any person who is under the  
            influence of any alcoholic beverage or drug, or under the  
            combined influence of any alcoholic beverage and drug, to  
            drive a vehicle.  (Vehicle Code § 23152(a).)  


           2)Provides that it is unlawful for any person, while having 0.08  
            percent or more, by weight, of alcohol in his or her blood to  
            drive a vehicle.  (Vehicle Code § 23152(b).)  


           3)Establishes penalties and sanctions for a person convicted of  
            a DUI. (Vehicle Code §§ 1335 et seq)


          4)Provides that a person convicted of a first-time DUI may apply  
            for a restricted license for driving to and from work and to  
            and from a driver-under-influence program if specified  
            requirements are met, paying all applicable fees, submitting  
            proof of insurance and proof of participation in a program.   
            (Vehicle Code § 13352.4.)


          5)Provides that a second or subsequent DUI offender can get his  
            or her license reinstated earlier if he or she agrees to  
            install an IID along with his or her enrollment in the  








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            required program, proof of insurance and payment of specified  
            fees. (Vehicle Code §§ 13352(a)(3)(B); (a)(4) (B); (a)(5)(C);  
            (a)(6)(B); (a)(7)(B)&(C))


          6)Creates an IID pilot project in Alameda, Los Angeles,  
            Sacramento and Tulare Counties requiring a person convicted of  
            a DUI to install an IID for five months upon a first offense,  
            12 months for a second offense, 24 months for a third offense  
            and for 36 months for a fourth or subsequent offense. (Vehicle  
            Code § 23700)


          This bill:


          1)Extends the existing pilot project until July 1, 2018.


          2)Provides that beginning July 1, 2019, all DUI offenders will  
            be required to install an IID for a specified period of time  
            in order to have their license reinstated.


          3)Removes the time a person must have a suspended license before  
            he or she is able to apply for a restricted license if he or  
            she installs an IID.


          4)Allows a court to order a person convicted of a "wet reckless"  
            to install an IID on his or her car.


          5)Provides that the Bureau of Automotive Repair, within the  
            Department of Consumer Affairs (DCA), shall have oversight  
            over the cost of the installation of an IID.


          6)Provides that an IID manufacturer that is not in compliance  
            with specified requirements is subject to a civil assessment  
            not to exceed $1,000.









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          Comments


          This bill requires any person convicted of a DUI to install an  
          IID on all the cars he or she owns for a specified period of  
          time.  A person convicted of a first offense has a six month  
          suspension and the IID must be installed for six months.  A  
          person with a second offense has a two-year suspension and the  
          IID must be installed for 12 months.  A person with a third  
          offense has a three year suspension and the IID must be  
          installed for 24 months.  A person with a fourth or subsequent  
          offense has a four year suspension and the ID must be installed  
          for 36 months.


          Hard suspension.  Under existing law, a person convicted of a  
          DUI must wait a period of time before they can apply to DMV for  
          a restricted license.  Since 2005, all licensing actions have  
          gone through DMV not the courts.  This bill removes that  
          mandatory suspension and allows a person to immediately get an  
          IID if he or she installs an IID and meets the other  
          requirements.  It may also allow the installation during any  
          time of and any administrative suspension (APS) since it allows  
          the installation without "any suspension."


          According to the latest DMV report on the DUI Management  
          Information System, DUI arrests in 2011 decreased by 8.0%  
          following decreases of 6.1% in 2010 and 2.9% in 2009.   
          (California DMV 2013 Annual Report of the California DUI  
          Management Information System p. iii)


          The report further indicated that the one-year recidivism rates  
          for all first DUI offenders decreased to the lowest level seen  
          in the past 21years. (Id atp. 33)


          The 2013 and prior reports have all indicated a link between the  
          decline in DUIs and the mandatory suspension of a license  
          because a significant decline occurred after a mandatory APS was  








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          indicated:


             The re-offense rates of second offenders remain higher  
             than those of first offenders across all years Previous  
             DUI -MIS reports suggested that, while many factors may  
             be associated with the overall decline in DUI incidents  
             for both first and second offenders, the reduction may  
             largely be attributed to the implementation of APS  
             suspensions in 1990.  An evaluation (Rogers, 1997) of  
             the California APS Law documents recidivism reductions  
             of up to 21.1% for first offenders and 19.5% for repeat  
             offenders, attributable to the law.  (Id 37)


          Reduced fine.  If a person installs an IID during his or her  
          hard suspension as discussed above, this bill provides that the  
          court shall reduce his or her fine by $500.


          Sliding scale.  This bill provides that the Bureau of Automotive  
          Affairs has the authority to verify whether the IID installers  
          are actually following the sliding scale set up. 


          The sliding scale language in this bill describes the provider  
          absorbing portions of "the cost of the ignition interlock  
          device" for those that meet specified income limits.  It does  
          not specify what is included in the cost of the IID.  The IID is  
          one cost but the monitoring costs are additional.  


          This bill says that the cost of the IID can only be raised equal  
          to the Consumer Price Index but does not indicate where that  
          price shall currently start.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Assembly Appropriations Committee:









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           DMV. The department will incur one-time special fund  
            costs in 2017-18 of about $300,000 for staff to  
            promulgate regulations and to revise programs, forms, and  
            procedures, and $700,000 for computing programming.  
            Ongoing costs, starting in 2018-19, will be $2.4 million  
            for headquarters and field office processing of  
            submission of proof of IID installation for DUI offenders  
            seeking a restricted license. This bill authorizes DMV to  
            collect an administrative fee to cover its reasonable  
            costs. Under the existing four-county pilot, the  
            Department charges a $45 fee. In addition, the state may  
            be eligible for up to $1.5 million annually in federal  
            transportation funds that are earmarked for states that  
            mandate IIDs for DUI offenders.


           DCA. Costs will be minor and absorbable for additional  
            enforcement.


           LAO. Costs for the Legislative Analyst's Office (LAO) to  
            provide the evaluation report should be absorbable.  
            Contrary to the most recent amendments, however, the data  
            collection responsibility should rest with another  
            statewide entity.




          SUPPORT:   (Verified8/23/16)


          Insurance Commissioner Dave Jones 
          AAA Northern California, Nevada and Utah
          Advocates for Highway and Auto Safety 
          Alameda District Attorney O'Malley
          Alcohol Justice 
          Association for Los Angeles Deputy Sheriffs
          Association of Deputy District Attorneys
          Association of Orange County Deputy Sheriffs 
          Automobile Club of Southern California








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          California Air Shock Trauma Rescue
          California Ambulance Association
          California Association of Code Enforcement Officers
          California Association of Highway Patrolmen
          California College and University Police Chiefs Association
          California Fraternal Order of Police
          California Medical Association 
          California Narcotic Officers Association
          California Statewide Law Enforcement Association 
          City of El Cajon
          County of Tulare
          Crime Victims United of California
          Emergency Nurses Association 
          John Muir Health serving Contra Costa, Solano, Alameda and Marin
          League of California Cities 
          Long Beach Police Officers Association 
          Los Angeles City Attorney Mike Feuer
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Mothers Against Drunk Driving 
          National Transportation Safety Board 
          Peace Officers Research Association of California 
          Personal Insurance Federation of California 
          Regional Medical Center of San Jose
          Riverside Sheriffs Association
          Sacramento County Deputy Sheriff's Association 
          Safety Council 
          San Diego County 
          San Francisco Chief of Police Greg Suhr 
          San Marcos Prevention Coalition 
          Tulare County Supervisor Ennis 


          OPPOSITION:   (Verified8/23/16)


          California Attorneys for Criminal Justice
          California Public Defenders Association

           ASSEMBLY FLOOR:  79-0, 8/23/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  








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            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Gray

           


          Prepared by:Mary Kennedy / PUB. S. / 
          8/23/16 20:14:28


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