BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1046|
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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.
SB 1046
Page 2
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
SB 1046
Page 3
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.
SB 1046
Page 4
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
SB 1046
Page 5
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:
SB 1046
Page 6
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
SB 1046
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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,
SB 1046
Page 8
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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