BILL NUMBER: AB 762 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 13, 1998
AMENDED IN SENATE AUGUST 5, 1997
AMENDED IN SENATE JULY 23, 1997
AMENDED IN SENATE JULY 9, 1997
AMENDED IN ASSEMBLY MAY 28, 1997
AMENDED IN ASSEMBLY MAY 5, 1997
AMENDED IN ASSEMBLY APRIL 14, 1997
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 26, 1997
An act to add and repeal Section 11837.3.1 of the Health
and Safety Code, to add and repeal Section 1463.24 of the Penal Code,
and to add and repeal Sections 1822.5, 23161.1, 23181.1, 23195.1,
23196.3, and 23196.5 of the Vehicle Code, relating to vehicles.
An act to amend Sections 11837 and 11837.1 of the
Health and Safety Code, to amend Sections 1803, 12813, 13352,
13352.4, 14601.2, 23160, 23161, 23166, 23186, 23203, 23204, 23235,
23246, and 23247 of, to amend the heading of Article 4.5 (commencing
with Section 23246) of Chapter 12 of Division 11 of, to add Section
23249.1 to, to repeal Sections 23167 and 23187 of, and to repeal and
add Sections 13352.5 and 23249 of, the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 762, as amended, Torlakson. Vehicles:
driving-under-the-influence: County of Contra Costa: pilot program
Ignition interlock devices: driver's license
restriction .
(1) Under existing law, if a person is referred to an 18-month or
30-month licensed alcohol and other drug education and counseling
service program, the Department of Motor Vehicles is required to
revoke or suspend the privilege of the person to operate a motor
vehicle if the person has failed to comply with the rules and
policies of the program. The department is required to notify the
person and the court and to inform the person of the opportunity to
be reinstated in the program and to avoid suspension of the driving
privilege in accordance with a specified procedure.
Existing law also provides for termination in the participation in
the described alcohol and drug program of persons who refuse to
consent to a chemical test.
This bill would require the department to suspend, rather than
suspend or revoke, the privilege, would delete the requirement that
the department inform the court, would delete the program
reinstatement and opportunity to avoid the suspension procedure, and
would delete procedures regarding failure to consent to a chemical
testing. The bill would make technical, conforming changes.
(2) Under existing law, a person, who is convicted of driving a
vehicle while under the influence of an alcoholic beverage, any drug,
or both, driving with an excessive blood-alcohol concentration, or
driving when addicted to any drug, (DUI), is required to be punished
by specified imprisonment and fines. The punishment is enhanced if a
person is convicted of a second violation by, among other things,
providing that the court prohibit the person from operating a motor
vehicle unless a functioning, certified ignition interlock device is
installed and that the privilege to operate a motor vehicle is
required to be suspended by the Department of Motor Vehicles for 18
months.
This bill would require that suspension to be for 2 years.
However, the bill would allow the person to apply to the department
after the completion of 12 months of the suspension period for a
restricted license subject to specified conditions, including the
person's continued enrollment and participation in described
treatment programs and if the person agrees to install and maintain a
certified, functioning ignition interlock device. The bill would
require persons who are convicted of driving with a suspended or
revoked license where that suspension or revocation was based on
prior convictions of the DUI offenses described above, to install the
described devices. The bill would make a conforming change with
respect to a person who is granted probation upon a second offense.
(3) Existing law authorizes a court to prohibit any person who is
convicted of a first offense of the DUI offenses described above from
operating a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device. Existing law
imposes administering and monitoring duties upon the courts,
Administrative Offices of the courts, the Judicial Council, and
county probation officers with regard to the ignition interlock
device program. Other duties and responsibilities are imposed upon
the Department of Motor Vehicles.
This bill would substantially recast the ignition interlock device
program by authorizing the court to require the department to
prohibit any person who is first convicted of the above-described DUI
offense from operating a motor vehicle unless the vehicle is
equipped with a functioning certified ignition interlock device. The
bill would require the court to require any person convicted of
driving a vehicle with a suspended or revoked license based on a
prior DUI conviction to install an ignition interlock device for a
period not to exceed 3 years or until the person's driving privilege
is reinstated by the department. The bill would allow a person who
is convicted of a DUI offense when the offense occurred within 7
years of a prior conviction to apply to the department for a
restricted driver's license prohibiting, among other things, the
person from operating a motor vehicle unless that vehicle is equipped
with a functioning ignition interlock device. The bill would apply
these provisions to out-of-state residents who would qualify for an
ignition interlock restricted license in this state. The bill would
require the department and courts to undertake certain duties, as
revised, regarding administering and monitoring the ignition
interlock device program currently undertaken by the courts,
administrative offices of the courts, the Judicial Council, and
probation officers. To the extent that the court would be required
to order and monitor the installation and maintenance of these
devices for specified offenders, including certain additional
offenders, the bill would impose a state-mandated local program.
The bill would require the department to report to the Legislature
on or before January 1, 2002, regarding certain aspects of the
ignition interlock device program.
(4) Existing law requires the department to restrict the driver's
license of any person convicted of violating the DUI provisions
specified above, if (a) a court has certified to the department that
the court has granted probation to the person under conditions that
include participation in a specified drug and alcohol treatment
program, described in (1), (b) the court has restricted the person's
privilege to operate a motor vehicle, and (c) the person gives proof
of financial responsibility, as defined. If a person who has been
granted probation, as specified, fails at any time to participate
successfully in the specified treatment program, the court is
required to revoke or terminate the probation and order the
department to suspend the person's driver's license, as specified.
This bill, instead, would require the department to issue a
restricted driver's license, as specified, if the person (a) submits
proof of enrollment in a specified drug and alcohol treatment
program, as described, (b) submits proof of financial responsibility
as described, and (c) pays all applicable reinstatement or reissue
fees and any restriction fee required by the department. The
restriction would become effective when the department receives all
of the specified documents and fees and would remain effective for a
specified period.
The bill would require the department to suspend, instead of
restrict, the person's driver's license upon receipt of notification
from the treatment program that the person has failed to comply with
the program requirements. The license would remain suspended until
the person presents evidence to the department that the person has
completed the treatment program and proof of financial
responsibility. Failure to pay treatment program fees would not be a
basis for suspension of the driving privilege or withholding
issuance of a completion certificate.
(5) Existing law requires the department to suspend for one year
and, thereafter, restrict for an additional 2 years the driver's
license of a person convicted of violating a specified provision
prohibiting driving under the influence and causing bodily injury to
another person, if the court has granted probation under conditions
similar to those specified above and the person gives proof of
financial responsibility, as specified.
This bill, instead, would require the department to revoke the
person's driver's license as one of the conditions of probation.
(6) Existing law does not provide a specific procedure and
authorization with regard to the removal of an ignition interlock
device from a vehicle that has been impounded or repossessed.
This bill would provide that procedure and authorization by
authorizing the manufacturer or installer of an ignition interlock
device to remove the device from a vehicle that has been impounded or
repossessed for any reason during the normal business hours.
(7) This bill would repeal the ignition interlock device program
as of January 1, 2004, unless a later enacted statute deletes or
extends that date.
(8) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(9) This bill would provide that its provisions shall become
operative on July 1, 2000.
(1) Existing law requires that a person who is convicted of
driving a vehicle while under the influence of an alcoholic beverage,
any drug, or both, driving with an excessive blood-alcohol
concentration, or driving when addicted to any drug (DUI) be punished
by specified terms of imprisonment, fines, and other sanctions.
Existing law provides procedures for persons to receive restricted
driver's licenses during the term of a suspended or revoked license
under certain conditions, including, among other things, requiring
attendance at, and completion of, treatment programs.
This bill would establish, until January 1, 2001, a pilot program
in the County of Contra Costa, requiring a court to order any person
punished, or granted probation, for a first violation of the DUI
provisions to enroll in, participate in, and complete a 3-month,
6-month, or 9-month alcohol and other drug education and counseling
program, as specified.
The bill would require that the 3-month program include at least
30 hours of education and counseling, that the 6-month program
include 45 hours of those services, and that the 9-month program
include 60 hours of those services, except as specified. Because the
bill would thereby require a higher level of service from certain
local governmental entities, it would impose a state-mandated local
program.
The bill would authorize the court, under the pilot program, to
require a person ordered to attend an alcohol and other drug
education and counseling program as a condition of probation who has
been convicted of a previous alcohol or drug-related offense within 7
years prior to the current date of conviction, except as specified,
to enroll in, participate in, and complete, at a minimum, the 9-month
program. The bill would authorize the court to require the person
to enroll in, participate in, and complete a 12-month program if the
person has been ordered to attend the program as a condition of
probation and the court has enhanced the person's punishment under a
specified provision relating to second or subsequent convictions of
the DUI provisions.
(2) Existing law authorizes a court to order the vehicle of a
person convicted of a violation of the DUI provisions to be impounded
at the owner's expense. If the offense occurred within 5 years of a
prior DUI conviction, the court is authorized to order the vehicle
to be impounded for not less than one nor more than 30 days. For an
offense that occurred within 5 years of 2 or more prior DUI
convictions, the authorized period for impoundment is not less than
one, nor more than 90, days.
This bill would require the minimum period for impoundment under
the pilot program to be 15 days.
(3) Existing law authorizes counties to develop, implement,
operate, and administer alcohol and drug assessment programs, and
allows judicial districts in those counties to elect not to
participate in those programs. These provisions are to be repealed
on January 1, 2000.
This bill would, on and after January 1, 1999, require an alcohol
and other drug problem assessment report to be made on each person
who is punished, or is granted probation, for a first violation of
the DUI provisions and participates in an alcohol and other drug
education and counseling program under the pilot program, as
specified. Because the bill would thereby create additional duties
for local governmental entities, it would impose a state-mandated
local program.
The bill would require, under the pilot program, that the State
Department of Alcohol and Drug Programs, not later than September 30,
1998, establish minimum specifications for alcohol and other drug
problem assessment tests.
(4) Existing law requires any person convicted of a violation of
the DUI provisions to pay an alcohol abuse education and prevention
penalty assessment of $50 in addition to any other fine, assessment,
or imprisonment. The funds from the penalty assessment are required
to be deposited by the county treasurer in a special county alcohol
abuse education and prevention fund for allocation by the county
alcohol program administrator for the county's alcohol abuse
education and prevention program.
This bill would require under the pilot program, that any person
convicted of a violation of the DUI provisions pay an alcohol and
other drug education and counseling assessment of $150 in addition to
any other fine, assessment, or imprisonment, except as specified.
The funds from the assessment would be required to be deposited by
the county treasurer in a special county alcohol treatment and
counseling fund for allocation by the board of supervisors to fund
specified county efforts to ameliorate alcoholism and drug
dependency.
(5) The bill would require the Department of Motor Vehicles to
monitor the recidivism rate of persons ordered to complete alcohol
and other drug education and counseling programs under specified
provisions of the bill to evaluate the effectiveness of the pilot
program. The department would be required to report its findings to
the Legislature not later than January 1, 2002.
(6) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11837.3.1 is added to the Health
SECTION 1. This act shall be known as, and may be cited as, the
Bryan Fabian Prevention of Drunk Driving Act.
SEC. 2. Section 11837 of the Health and Safety Code is amended to
read:
11837. (a) Pursuant to the provisions of law relating to
suspension of a person's privilege to operate a motor vehicle upon
conviction for driving while under the influence of any alcoholic
beverage or drug, or under the combined influence of any alcoholic
beverage and any drug, as set forth in paragraph (3) or (4)
of subdivision (a) of Section 13352 of the Vehicle Code,
the Department of Motor Vehicles shall restrict the driving privilege
pursuant to Section 13352.5 of the Vehicle Code, if the court has
notified the department pursuant to Section 13352.5
13352 of the Vehicle Code that the person
convicted of that offense has consented to participate for at least
18 months in a program designed to offer alcohol and other drug
education and counseling services that is licensed pursuant to this
chapter.
(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors and
Navigation Code, in a licensed alcohol and other drug education and
counseling services program pursuant to Section 23161 of the Vehicle
Code, or, pursuant to Section 23166, 23171, 23176, 23181, 23186, or
23191 of the Vehicle Code, in a licensed 18-month or 30-month
program, the court may consider any relevant information about the
person made available pursuant to a presentence investigation, that
is permitted but not required under Section 23205 of the Vehicle
Code, or other screening procedure. That information shall not be
furnished, however, by any person who also provides services in a
privately operated, licensed program or who has any direct interest
in a privately operated, licensed program. In addition, the court
shall obtain from the Department of Motor Vehicles a copy of the
person's driving record to determine whether the person is eligible
to participate in a licensed 18-month or 30-month program pursuant to
this chapter. When preparing a presentence report for the court,
the probation department may consider the suitability of placing the
defendant in a treatment program that includes the administration of
nonscheduled , nonaddicting medications to ameliorate an
alcohol or controlled substance problem. If the probation department
recommends that this type of program is a suitable option for the
defendant, the defendant who would like the court to consider this
option shall obtain from his or her physician a prescription for the
medication, and a finding that the treatment is medically suitable
for the defendant, prior to consideration of this alternative by the
court.
(c) The court may, as a condition of probation pursuant to Section
23161 or 23181 of the Vehicle Code, refer a first offender to a
licensed program to attend all of the education, group counseling,
and interview sessions described in this chapter if ordered to
participate in six, nine, or 12 months of program activities.
Notwithstanding Section 13352.5 of the Vehicle Code, if a first
offender is referred to a licensed program pursuant to Section 23161
or 23181 of the Vehicle Code, that person may participate in a
program if convicted of another offense punishable under Section
23165 or 23185 of the Vehicle Code.
(d) The court may, subject to Section 11837.2, and as a condition
of probation, refer a person to a licensed program, even though the
person's privilege to operate a motor vehicle is restricted,
suspended, or revoked. An 18-month program described in Section
23166 or 23186 of the Vehicle Code or a 30-month program described in
Section 23171, 23176, or 23191 of the Vehicle Code may include
treatment of family members and significant other persons related to
the convicted person with the consent of those family members and
others as described in this chapter, if there is no increase in the
costs of the program to the convicted person.
SEC. 3. Section 11837.1 of the Health and Safety Code is amended
to read:
11837.1. (a) In utilizing any program defined
described in subdivision (e) of Section
11837, the court may require periodic reports concerning the
performance of each person referred to and participating in a
program. The program shall provide the court, the Department of
Motor Vehicles, and the person participating in a program ,
with an immediate report of any failure of the person to
comply with the program's rules and policies.
(b) (1) If, at any time after entry into or
while participating in a program, a participant who is referred to an
18-month program described in Section 23166 or 23186
of the Vehicle Code or a 30-month program described in
Section 23171, 23176, or 23191 of the Vehicle Code, fails to comply
with the rules and policies of the program, and that fact is
reported, the Department of Motor Vehicles shall revoke or
suspend the privilege of that person to operate a motor
vehicle for the period prescribed by law in accordance with Section
13352.5 of the Vehicle Code, except as otherwise provided in this
section. The Department of Motor Vehicles shall notify the person
and the court of its intended
action and shall inform the person of the opportunity to be
reinstated in the program and to avoid suspension of the driving
privilege .
(2) Notwithstanding paragraph (1), the Department of Motor
Vehicles shall not suspend the driving privilege pursuant to
paragraph (1) if the court, upon the petition of the person,
determines that the person should be reinstated in the 18-month or
30-month program. The determination by the court shall be made
within 45 days of the notice from the department of the intended
action or the additional time, not to exceed an additional 45 days,
for the determination as is required, ordered, and transmitted to the
Department of Motor Vehicles by the court, which additional time is
not caused by any action or failure to act by the person. Upon
timely presentation by the person to the Department of Motor Vehicles
of evidence satisfactory to the Department of Motor Vehicles that
the court of jurisdiction has consented to the person's reinstatement
in the program and that the person is currently participating in the
program, the Department of Motor Vehicles shall continue in effect
the restriction of the driving privilege prescribed by Section
13352.5 of the Vehicle Code. However, if the person has previously
been reinstated in the program on one or more prior occasions, the
department shall suspend or revoke the driving privilege for the time
prescribed in paragraph (3) or (4) of subdivision (a) of Section
13352 of the Vehicle Code. If the court fails to grant the person's
petition for reinstatement in the program, the court shall suspend
the person's driving privilege until the time the person's driving
privilege is suspended or revoked by the Department of Motor Vehicles
pursuant to subdivision (d) of Section 13352.5 of the Vehicle Code.
(c) If, at any time after referral to or while participating in a
program, a participant who is referred to an alcohol or drug
education and counseling program pursuant to Section 23161 or 23181
of the Vehicle Code, to an 18-month program pursuant to Section 23166
or 23186 of the Vehicle Code, or to a 30-month program pursuant to
Section 23171, 23176, or 23191 of the Vehicle Code, refuses, for any
reason, to consent to a chemical test that he or she is required to
submit to pursuant to Section 23157 of the Vehicle Code, his or her
participation in the program shall be terminated and, the Department
of Motor Vehicles shall immediately suspend or revoke his or her
privilege to operate a motor vehicle for the period prescribed in
Section 13352 of the Vehicle Code, according to the offense for which
he or she was convicted immediately prior to referral to the
program. The period of suspension or revocation shall be in addition
to the period of suspension imposed by the Department of Motor
Vehicles pursuant to Section 13353 of the Vehicle Code.
(d)
(c) If the department withdraws the license of a program,
the department shall immediately notify the Department of Motor
Vehicles of those persons who do not commence participation in a
licensed program within 21 days from the date of the withdrawal of
the license of the program in which the persons were previously
participating. The Department of Motor Vehicles shall suspend or
revoke, for the period prescribed by law, the privilege to operate a
motor vehicle of each of those persons referred to an 18-month
program pursuant to Section 23166 or 23186 of the Vehicle Code or to
a 30-month program pursuant to Section 23171, 23176, or 23191 of the
Vehicle Code.
SEC. 4. Section 1803 of the Vehicle Code is amended to read:
1803. (a) Every clerk of a court in which a person was convicted
of any violation of this code, was convicted of any violation of
subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of
the Harbors and Navigation Code pertaining to a mechanically
propelled vessel but not to manipulating any water skis, an
aquaplane, or similar device, was convicted of any violation of
Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation
Code, or any violation of Section 191.5 of the Penal Code when the
conviction resulted from the operation of a vessel, was convicted of
any offense involving use or possession of controlled substances
under Division 10 (commencing with Section 11000) of the Health and
Safety Code, was convicted of any felony offense when a commercial
motor vehicle, as defined in subdivision (b) of Section 15210, was
involved in or incidental to the commission of the offense, or was
convicted of any violation of any other statute relating to the safe
operation of vehicles, shall prepare within 10 days after conviction
and immediately forward to the department at its office at Sacramento
an abstract of the record of the court covering the case in which
the person was so convicted. If sentencing is not pronounced in
conjunction with the conviction, the abstract shall be forwarded to
the department within 10 days after sentencing and the abstract shall
be certified by the person so required to prepare it to be true and
correct.
For the purposes of this section, a forfeiture of bail shall be
equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle.
(7) Division 16.5 (commencing with Section 38000).
(8) Sections 23221, 23223, 23225, and 23226.
(c) If the court impounds a license , or orders a
person to limit his or her driving pursuant to paragraph (2) of
subdivision (a) of Section 23161, subdivision (b) of Section 23166,
subdivision (b) of Section 23186, or subdivision (c)
(d) of Section 40508, the court shall notify the
department concerning the impoundment or limitation on an abstract
prepared pursuant to subdivision (a) of this section or on a separate
abstract, which shall be prepared within 10 days after the
impoundment or limitation was ordered and immediately forwarded to
the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within 10 days of an order terminating or revoking probation
under Section 23167, 23187, or 23207, the clerk of
the court in which the order terminating or revoking probation was
entered, shall prepare and immediately forward to the department at
its office in Sacramento an abstract of the record of the court order
terminating or revoking probation and any other order of the court
to the department required by law.
SEC. 5. Section 12813 of the Vehicle Code is amended to read:
12813. (a) The department may, upon issuing a driver's license or
after issuance whenever good cause appears, impose restrictions
suitable to the licensee's driving ability with respect to the type
of, or special mechanical control devices required on, a motor
vehicle which the licensee may operate or impose other restrictions
applicable to the licensee that the department may determine to be
appropriate to assure the safe operation of a motor vehicle by the
licensee.
(b) The department may issue either a special restricted license
or may set forth the restrictions upon the usual license form.
(c) The authority of the department to issue restricted licenses
under this section is subject to Sections 12812 , 13352,
and 13352.5.
SEC. 6. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of any person to operate a motor vehicle upon receipt of a
duly certified abstract of the record of any court showing that the
person has been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon receipt of a report of a
judge of the juvenile court, a juvenile traffic hearing officer, or a
referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If any offense specified
in this section occurs in a vehicle defined in Section 15210,
the suspension or revocation specified below shall apply to the
noncommercial driving privilege. The commercial driving privilege
shall be disqualified as specified in Section 15300. For the
purposes of this section, suspension or revocation shall be as
follows:
(1) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23160, the privilege shall be suspended for
a period of six months if the court orders the department to
suspend the privilege, or if the court does not grant probation. If
the person gives proof of ability to respond in damages as defined
in Section 16430, the department shall issue the restricted license
upon receipt of an abstract of record from the court pursuant to
Section 1803 certifying that the court has granted probation to the
person on conditions which include the condition specified in
subdivision (b) of Section 23161 . The privilege shall not
be reinstated until the person gives proof of ability to respond in
damages and gives proof satisfactory to the department of successful
completion of a program described in subdivision (b) of
Section 23161. The department shall issue a restricted license
upon receipt of an abstract of record from the court certifying the
court has granted probation to the person based on the conditions
specified in paragraph (2) of subdivision (a) of, and subdivision (b)
of, Section 23161.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23180, the privilege shall be suspended for
a period of one year. The privilege shall not be reinstated until
the person gives proof of ability to respond in damages and gives
proof satisfactory to the department of successful completion of a
program described in Section 23161 23181
.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23165, the privilege shall be suspended for 18 months
two years . The privilege shall not be
reinstated until the person gives proof of ability to
respond in damages and gives proof satisfactory to the department of
successful completion of a program described in Section 23166.
(4) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23185, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until evidence satisfactory to
the department establishes that no grounds exist which would
authorize the refusal to issue a license and until the person gives
proof of ability to respond in damages, and until the person gives
proof satisfactory to the department of successful completion of a
program described in Section 23166.
(5) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23170, the privilege shall be revoked for a
period of three years. The privilege shall not be reinstated until
the person files proof of ability to respond in damages and
gives proof satisfactory to the department of successful completion,
subsequent to the most recent underlying conviction, of one
of the following programs: an a program described in
Section 23166. The department shall advise the person that after
completion of 12 months of the suspension period, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
(A) The person has satisfactorily provided, subject to the current
underlying conviction, either of the following:
(i) Proof of enrollment in a licensed 18-month program
or pursuant to Section 11836 of the Health
and Safety Code.
(ii) Proof of enrollment in a licensed 30-month program , if
available in the county of the person's residence or employment,
a 30-month program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5
pursuant to Section 11836 of the Health and Safety Code
, or a program specified in Section 8001 of the Penal Code.
The court .
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 23235.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23246.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23246.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23185, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until evidence satisfactory to
the department establishes that no grounds exist that would authorize
the refusal to issue a license, the person gives proof of ability to
respond in damages, and the person gives proof satisfactory to the
department of successful completion, subsequent to the most recent
underlying conviction, of a program described in Section 23186. The
department shall advise the person at the time of
sentencing that completion of one of the programs authorized by this
paragraph is required in order to become eligible for a California
driver's license. The court shall also advise the person
that after the completion of 24 18
months of the revocation period, the person may apply to the
court for an order granting department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subject to the
current underlying conviction, either of the following:
(i) A licensed 18-month program pursuant to Section 11836 of the
Health and Safety Code.
(ii) The initial 18 months of a licensed 30-month program, if
available in the county of the person's residence or employment,
pursuant to Section 11836 of the Health and Safety Code, and the
person agrees, as a condition of the restriction, to continue
satisfactory participation in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 23235.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23246.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23246.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23170, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
ability to respond in damages and gives proof satisfactory to the
department of successful completion, subsequent to the most recent
underlying conviction, of one of the following programs: an 18-month
program or, if available in the county of the person's residence or
employment, a 30-month program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code, or a program specified in Section 8001 of the
Penal Code. The court shall advise the person at the time of
sentencing that completion of one of the programs authorized by this
paragraph is required in order to become eligible for a California
driver's license. The department shall advise the person that after
completion of 18 months of the revocation period, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
(A) The person has satisfactorily completed, subject to the
current underlying conviction, either of the following:
(i) A licensed 18-month program pursuant to Section 11836 of the
Health and Safety Code.
(ii) The initial 18 months of a licensed 30-month program, if
available in the county of the person's residence or employment,
pursuant to Section 11836 of the Health and Safety Code.
(B) The
The person agrees, as a condition of the restriction, to
continue satisfactory participation in the 30-month program .
, if applicable, and to have installed and maintained,
as described in Section 23246, an ignition interlock device. The
court shall require proof of installation of the device before
issuing an order granting a restricted license. Once the order
granting a restricted license is issued, all maintenance requirements
in Section 23246 apply and the driver becomes subject to the
prohibitions and penalties provided in Section 23247.
(C) The person provides proof of responsibility to respond in
damages.
(D) The person has not applied for and received an order in
conjunction with the current underlying conviction or a prior
conviction for violation of Section 23103, 23152, or 23153, if the
prior conviction was within the previous seven years.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 23235.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23246.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) Any individual convicted of a violation of Section 23152
punishable under Section 23170 may also, at any time after
sentencing, petition the court for referral to an 18-month program
or, if available in the county of the person's residence or
employment, a 30-month program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code. Unless good cause is shown, the court shall
order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23246.
(6) Upon Except as provided in this
paragraph, upon a conviction or finding of a violation of
Section 23153 punishable under Section 23190, the privilege shall be
revoked for a period of five years. The privilege shall not be
reinstated until evidence satisfactory to the department
establishes that no grounds exist
which that would authorize the refusal
to issue a license and until ,
and the person gives proof of ability to respond in damages and
gives proof satisfactory to the department of
successful completion, subsequent to the most recent underlying
conviction, of one of the following programs: a 30-month program, if
available in the county of the person's residence or employment or,
if not available, an 18-month program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code, or a program specified in Section 8001 of the
Penal Code. The court shall advise the person at the time of
sentencing that completion of one of the programs authorized by this
paragraph is required in order to become eligible for a California
driver's license. The court department
shall also advise the person that after the
completion of 24 30 months of the
revocation period, the person may apply to the court for an
order granting department for a restricted
driver's license, subject to the following conditions:
(A) (i) The person has satisfactorily
completed, subject to the current underlying conviction, the
18-month program or the either of the following:
(i) The initial 18 months of a licensed 30-month program,
as applicable if available in the county of
the person's residence or employment , pursuant to Section
11836 of the Health and Safety Code.
(ii) The
The person agrees, as a condition of the restriction, to
continue satisfactory participation in the 30-month program
, if applicable, and to have installed and maintained, as described
in Section 23246, an .
(ii) A licensed 18-month program pursuant to Section 11836 of the
Health and Safety Code, if a 30-month program is unavailable in the
person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 23235.
(C) The person agrees to maintain the ignition interlock
device . The court shall require proof of installation of
the device before issuing an order granting a restricted license.
Once the order granting a restricted license is issued, all
maintenance requirements in Section 23246 apply and the driver
becomes subject to the prohibitions and penalties provided in Section
23247 as required under subdivision (g) of Section
23246 .
(iii)
(D) The person provides proof of financial
responsibility to respond in damages , as
defined in Section 16430 .
(iv) The person has not applied for and received an order in
conjunction with the current underlying conviction or a prior
conviction for a violation of Section 23103, 23152, or 23153, if the
prior conviction was within the previous seven years.
(B)
(E) Any individual convicted of a violation of Section 23153
punishable under Section 23190 may also, at any time after
sentencing, petition the court for referral to an 18-month program
or, if available in the county of the person's residence or
employment, a 30-month program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code. Unless good cause is shown, the court shall
order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23246.
(7) Upon Except as provided in this
paragraph, upon a conviction or finding of a violation of
Section 23152 punishable under Section 23175 or 23175.5, the
privilege shall be revoked for a period of four years. The privilege
shall not be reinstated until evidence satisfactory to the department
establishes that no grounds exist which that
would authorize the refusal to issue a license ,
and until the person gives proof of ability to
respond in damages and gives proof satisfactory to
the department of successful completion, subsequent to the most
recent underlying conviction, of one of the following programs: an
18-month program or, if available in the county of the person's
residence or employment, a 30-month program licensed pursuant to
Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5
of the Health and Safety Code, or a program specified in Section 8001
of the Penal Code. The court shall advise the person at the time of
sentencing that completion of one of the programs authorized by this
paragraph is required in order to become eligible for a California
driver's license. The court department
shall also advise the person that after the
completion of 24 months of the revocation period, the person may
apply to the court for an order granting
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subject to the
current underlying conviction, the initial 18 months of a
licensed 30-month either of the following:
(i) A licensed 18-month program pursuant to Section 11836 of
the Health and Safety Code.
(B)
(ii) The initial 18 months of a licensed 30-month program, if
available in the county of the person's residence or employment,
pursuant to Section 11836 of the Health and Safety Code. The
person agrees, as a condition of the restriction, to continue
satisfactory participation in the 30-month program , if
applicable, and to have installed and maintained, as described in
Section 23246, an ignition interlock device. The court shall require
proof of installation of the device before issuing an order granting
a restricted license. Once the order granting a restricted license
is issued, all maintenance requirements in Section 23246 apply and
the driver becomes subject to the prohibitions and penalties provided
in Section 23247 .
(C) The person provides proof of responsibility to respond in
damages.
(D) The person has not applied for and received an order in
conjunction with the current underlying conviction or a prior
conviction for violation of Section 23103, 23152, or 23153, if the
prior conviction was within the previous seven years.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 23235.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23246.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) Any individual convicted of a violation of Section 23152
punishable under Section 23175 may also, at any time after
sentencing, petition the court for referral to an 18-month program
or, if available in the county of the person's residence or
employment, a 30-month program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code. Unless good cause is shown, the court shall
order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23246.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (e) of that section,
the privilege shall be suspended for a period of 90 days to six
months, if and as ordered by the court.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (f) of that section,
the privilege shall be suspended for a period of six months, if the
court orders the department to suspend the privilege. The privilege
shall not be reinstated until the person gives proof of ability to
respond in damages.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile traffic hearing officer, or the referee of a juvenile court
of a commission of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, as specified in subdivision (a) of
this section, is a conviction.
(c) Each judge of a juvenile court, juvenile traffic hearing
officer, or referee of a juvenile court shall immediately report the
findings specified in subdivision (a) to the department.
(d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada which
that , if committed in this state, would be a violation of
Section 23152, is a conviction of Section 23152 for purposes of this
section, and a conviction of an offense which
that , if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) Whenever the driving privilege is restricted, suspended, or
revoked pursuant to this section, the department shall not issue a
restricted driver's license or reinstate the driving privilege unless
the person gives proof of ability to respond in damages and
maintains that proof for three years. If, at any time during that
three-year period, a person who is required to maintain that proof
fails to maintain that proof, the department shall suspend that
person's driving privilege until the proof of ability to respond in
damages is again given to the department.
SEC. 7. Section 13352.4 of the Vehicle Code is amended to read:
13352.4. (a) (1) The department shall require
a person upon whom the court has imposed the condition of probation
required by subdivision (b) of Section 23161 to submit proof of the
satisfactory completion of a program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code or of a program defined in Section 8001 of the
Penal Code, within a time period set by the department, beginning
from the date of a conviction or a finding by a court of a violation
of Section 23152.
(2) The department shall require a person upon whom the court has
imposed the condition of probation required by subdivision (b) of
Section 23161 to submit proof of the satisfactory completion of the
Navy Alcohol Drug Safety Action Program, within a time period set by
the department, beginning from the date of a conviction by a court or
a finding by a court of a violation of Section 23152.
(b) The department shall suspend the privilege to drive of any
person who is not in compliance with subdivision (a).
(c) The department may suspend the privilege to drive of any
person for failure to file proof of financial responsibility when the
person has been ordered by the court to do so. The suspension shall
remain in effect until adequate proof of financial responsibility is
filed with the department by the person.
(d) The department shall not restore the privilege to
operate a motor vehicle after a suspension pursuant to subdivision
(b) until the department receives proof of the completion of a
program pursuant to subdivision (a) that the department finds
satisfactory.
(d)
(e) This section shall become operative on January 1, 1995.
SEC. 8. Section 13352.5 of the Vehicle Code is repealed.
13352.5. (a) Unless ordered to do so by the court upon a finding
that the terms and conditions of probation were violated, the
department shall not suspend, pursuant to paragraph (3) of
subdivision (a) of Section 13352, but shall restrict, the privilege
of any person to operate a motor vehicle upon a conviction or finding
that the person violated Section 23152. This requirement shall
apply only if the court has certified to the department that the
court has granted probation to the person under conditions that
include those specified in subdivision (b) of Section 23166, the
court has restricted the privilege to operate a motor vehicle as
provided in that subdivision, and the person gives proof of financial
responsibility, as defined in Section 16430.
(b) Unless ordered to do so by the court upon a finding that the
terms and conditions of probation were violated, the department shall
not revoke, pursuant to paragraph (4) of subdivision (a) of Section
13352, but shall suspend for one year and, thereafter, restrict for
two additional years, the privilege of any person to operate a motor
vehicle upon a conviction or finding that the person violated Section
23153. This requirement shall apply only if the court has certified
to the department that the court has granted probation to the person
under conditions that include those specified in subdivision (b) of
Section 23186, the court has ordered the department to suspend the
privilege to operate a motor vehicle as provided in that subdivision,
and the person gives proof of financial responsibility.
(c) Subdivisions (a) and (b) do not apply to a person who has been
referred or rereferred into a program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code within four years after the person ceases his
or her prior participation in a program. The four-year period shall
commence either on the date the person successfully completes the
program or on the date on which the person's driving privilege was
suspended or revoked by the department for later. The eligibility of
a person convicted of a violation of Section 23152 later. The
eligibility of a person convicted of a violation of Section 23152 in
the program again for purposes of this section, shall be determined
on the basis of the date on which the person is alleged to have
committed that offense.
(d) The restriction of the driving privilege under subdivision (a)
shall become effective 30 days from the date on which the person
consented to participate in the program specified in subdivision (a),
excluding any time of imprisonment ordered by the court. This
requirement applies only if the person presents evidence satisfactory
to the department that he or she is participating in the program
specified in subdivision (b) of Section 23166, gives proof of
financial responsibility, and pays fees to the department of fifteen
dollars ($15) upon application for the restricted license and twenty
dollars ($20) upon completion of the treatment program or upon
application for an unrestricted license, whichever is sooner. If the
person fails to apply for a restricted license, fails to give proof
of financial responsibility, or if the person fails to show evidence
of participation within 30 days, excluding the time of imprisonment
ordered by the court, the department shall suspend the driving
privilege of the person for the time prescribed in paragraph (3) of
subdivision (a) of Section 13352.
(e) The restriction of the driving privilege under subdivision (b)
shall become effective 30 days from the end of the period of
suspension if the person presents evidence satisfactory to the
department that he or she is participating in the program specified
in subdivision (b) of Section 23186, gives proof of financial
responsibility, and pays fees to the department of fifteen dollars
($15) upon application for the restricted license and twenty dollars
($20) upon completion of the treatment program or upon application
for an unrestricted license, whichever is sooner. If the person
fails to apply for a restricted license, fails to give proof of
financial responsibility, or if the person fails to show evidence of
participation within 30 days from the end of the period of
suspension, excluding any time of imprisonment ordered by the court
to be served after the end of the period of suspension, the
department shall revoke the driving privilege of the person for the
time prescribed in paragraph (4) of subdivision (a) of Section 13352.
(f) The driving privilege restricted under subdivision (a) or (b)
shall be limited to the hours for driving to and from the place of
employment and during the course of employment, and driving to and
from activities required in an alcohol treatment program specified in
subdivision (b) of Section 23166 or subdivision (b) of Section
23186. The department may set forth the times and days of restricted
operation established by the court either on a special restricted
license or upon the usual license form. Whenever the driving
privilege is restricted under subdivision (a) or (b), proof of
financial responsibility shall be maintained for three years. If the
person maintains proof of financial responsibility, the restriction
shall continue in full force and effect until the person presents
evidence satisfactory to the department that the person has completed
the alcohol treatment program. The length of the restriction for a
person subject to subdivision (a) shall not be less than the total
time of restriction specified in subdivision (b) of Section 23166.
The total time of suspension and restriction for a person subject to
subdivision (b) shall not be less than the applicable period of
revocation under paragraph (4) of subdivision (a) of Section 13352.
(g) Except as provided in this subdivision, the department shall
suspend or revoke the driving privilege for the time prescribed in
paragraph (3) or (4) of subdivision (a) of Section 13352, 60 days
from the date that the department notifies the person and the court
of the intended action pursuant to subdivision (a) of Section 11837.1
of the Health and Safety Code, or from the date ending the
additional time ordered by the court under this subdivision,
whichever is later. If the person presents evidence satisfactory to
the department that the court of jurisdiction has consented to the
person's reinstatement in the program and the person gives proof of
financial responsibility, the department shall continue in effect the
restriction granted under subdivision (c). However, if the person
previously has been reinstated in the program on one or more
occasions, the department shall suspend or revoke the driving
privilege for the time prescribed in paragraph (3) or (4) of
subdivision (a) of Section 13352. The evidence shall be presented
within 45 days of the notice from the department of the intended
action or the additional time, not to exceed an additional 45 days,
for the determination, as is required, ordered, and transmitted to
the department by the court, which additional time is not caused by
any action or failure to act by the person.
(h) All abstracts of record showing a conviction that are
forwarded to the department pursuant to Section 1803 shall state
whether the court has granted probation to the person under
conditions that include those specified in subdivision (b) of Section
23166 or subdivision (b) of Section 23186, and that state the date
on which the person consented to participate in the program.
(i) The department, in cooperation with the State Department of
Alcohol and Drug Programs, shall adopt regulations as it deems
necessary to implement this section.
(j) This section does not apply to persons whose offense occurred
in a vehicle requiring a driver with a class 1, class 2, class A, or
class B driver's license, or with an endorsement specified in Section
15278.
SEC. 9. Section 13352.5 is added to the Vehicle Code, to read:
13352.5. (a) The department shall issue a restricted driver's
license to a person granted probation under the conditions described
in subdivision (b) of Section 23166 instead of suspending that person'
s license, if the person meets all of the following requirements:
(1) Submits proof of enrollment in a drug and alcohol treatment
program described in paragraph (4) of subdivision (b) of Section
23166.
(2) Submits proof of financial responsibility, as described in
Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain effective for the
period required under Section 23166.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the place of employment,
driving during the course of employment, and driving to and from
activities required in the treatment program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until proof
pursuant to Section 16484 is received by the department.
(e) The restriction imposed under this section may be removed when
the person presents evidence satisfactory to the department that the
person has completed the drug and alcohol treatment program.
(f) The department shall suspend the privilege to drive under
paragraph (3) of subdivision (a) of Section 13352 upon receipt of
notification from the treatment program that the person has failed to
comply with the program requirements, and the driving privilege
shall remain suspended until the person presents evidence that the
person has completed the program and proof of financial
responsibility to the department as described in Section 16430.
(g) Notwithstanding subdivision (f), failure to pay treatment
program fees shall not be a basis for suspension of the driving
privilege or withholding issuance of a completion certificate.
SEC. 10. Section 14601.2 of the Vehicle Code is amended to read:
14601.2. (a) No person shall drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 ,
if the person so driving has knowledge of the suspension or
revocation.
(b) Except in full compliance with the restriction, no person
shall drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Article 2 (commencing with
Section 23152) of Chapter 12 of Division 11, if the person so driving
has knowledge of the restriction.
(c) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. Knowledge of
restriction of the driving privilege shall be presumed if notice has
been given by the court to the person. The presumption established
by this subdivision is a presumption affecting the burden of proof.
(d) Any person convicted of a violation of this section shall be
punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23170 or
subdivision (b) of Section 23175, in which case the person
shall , in addition, shall be sentenced as
provided in paragraph (3) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense
which that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5, by
imprisonment in the county jail for not less than 30 days or more
than one year and by a fine of not less than five hundred dollars
($500) or more than two thousand dollars ($2,000), unless the person
has been designated an habitual traffic offender under subdivision
(b) of Section 23170 or subdivision (b) of Section 23175, in which
case the person shall , in addition, shall
be sentenced as provided in paragraph (3) of subdivision (e) of
Section 14601.3.
(e) If any person is convicted of a first offense under this
section and is granted probation, the court shall impose as a
condition of probation that the person be confined in the county jail
for at least 10 days.
(f) If the offense
occurred within five years of a prior offense which
that resulted in a conviction of a violation of
this section or Section 14601, 14601.1, or 14601.5 and is granted
probation, the court shall impose as a condition of probation that
the person be confined in the county jail for at least 30 days.
(g) If any person is convicted of a second or subsequent offense
which that results in a conviction of
this section within seven years, but over five years, of a prior
offense which that resulted in a
conviction of a violation of this section or Section 14601, 14601.1,
or 14601.5 and is granted probation, the court shall impose as a
condition of probation that the person be confined in the county jail
for at least 10 days.
(h) Pursuant to Section 23246, the court shall require any
person convicted of this section to install a certified ignition
interlock device on any vehicle the person owns or operates.
(i) Nothing in this section prohibits a person who is
participating in, or has completed, an alcohol or drug rehabilitation
program from driving a motor vehicle, which is owned or utilized by
the person's employer, during the course of employment on private
property which is owned or utilized by the employer, except an
offstreet parking facility as defined in subdivision (d)
(c) of Section 12500.
SEC. 11. Section 23160 of the Vehicle Code is amended to read:
23160. (a) If any person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the
county jail for not less than 96 hours, at least 48 hours of which
shall be continuous, nor more than six months and by a fine of not
less than three hundred ninety dollars ($390) nor more than one
thousand dollars ($1,000).
(b) The court shall order that any person punished under
subdivision (a), who is to be punished by imprisonment in the county
jail, be imprisoned on days other than days of regular employment of
the person, as determined by the court. If the court determines that
48 hours of continuous imprisonment of this section or Section
14601, 14601.1, or 14601.5 and is granted person to serve the
imprisonment whenever the person is normally scheduled for time off
from work. The court may make this determination based upon a
representation from the defendant's attorney or upon an affidavit or
testimony from the defendant.
(c) Except as provided in Section 23161, the court shall
order the Department of Motor Vehicles to suspend the privilege to
operate a motor vehicle of a person punished under this section for
six months pursuant to paragraph (1) of subdivision (a) of Section
13352 paragraph (2) of subdivision (a) of Section
23161, the person's privilege to operate a motor vehicle shall be
suspended by the Department of Motor Vehicles pursuant to paragraph
(1) of subdivision (a) of Section 13352 .
SEC. 12. Section 23161 of the Vehicle Code is amended to read:
23161. (a) Except as provided in subdivision (e)
(d) , if the court grants probation to any
person punished under Section 23160, in addition to the provisions of
Section 23206 and any other terms and conditions imposed by the
court, the court shall impose as a condition of probation that the
person be subject to one of the following:
(1) Be confined in the county jail for at least 48 hours but not
more than six months, and pay a fine of at least three hundred ninety
dollars ($390) but not more than one thousand dollars ($1,000).
The court may order the Department of Motor Vehicles to
suspend the privilege to operate a motor vehicle pursuant to
paragraph (1) of subdivision (a) of Section 13352 when this condition
of probation is imposed. Except as provided in
paragraph (2), the person's privilege to operate a motor vehicle
shall be suspended by the Department of Motor Vehicles pursuant to
paragraph (1) of subdivision (a) of Section 13352.
(2) Pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000), and, if the person
gives proof of financial responsibility, as defined in Section 16430,
to the Department of Motor Vehicles, have the privilege to operate a
motor vehicle restricted for 90 days to necessary travel to and from
that person's place of employment and to and from participation in a
program described in subdivision (b). If driving a motor vehicle is
necessary to perform the duties of the person's employment, the
restriction also shall allow the person to drive to locations within
the person's scope of employment. Whenever the driving privilege is
restricted pursuant to this paragraph, the person shall maintain
proof of financial responsibility for three years.
(3) If the court elects to order a 90-day restriction as provided
for in paragraph (2), the court shall order that the restriction
commence on the date of the reinstatement by the Department of Motor
Vehicles of the person's privilege to operate a motor vehicle. If a
suspension was imposed pursuant to Section 13353.2, the person shall
be advised by the court of all of the following matters:
(A) The person's restricted driver's license does not allow the
person to operate a motor vehicle unless and until the suspension
under Section 13353.2 has either been served to completion or set
aside, and his or her license has been reinstated.
(B) The restriction of the driver's license ordered by the court
shall commence upon the reinstatement of the privilege to operate a
motor vehicle.
(b) Except as provided in subdivision (c), in any county where the
board of supervisors has approved, and the State Department of
Alcohol and Drug Programs has licensed, a program or programs
described in Section 11837.3 of the Health and Safety Code, the court
shall also impose as a condition of probation that the driver shall
enroll and participate in, and successfully complete, an alcohol and
other drug education and counseling program, licensed pursuant to
Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5
of the Health and Safety Code, in the driver's county of residence or
employment, as designated by the court.
(c) For persons who are active duty personnel in the
United States Navy or Marine Corps, the court, unless the defendant
requests otherwise, shall impose as a condition of probation that the
driver participate in, and successfully complete, the Navy Alcohol
Drug Safety Action Program rather than a program described in Section
11837.3 of the Health and Safety Code.
(d) (1) The court shall revoke the person's
probation pursuant to Section 23207, except for good cause shown, for
the failure to enroll in, participate in, or complete a program
specified in subdivision (b) or (c) .
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs. That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (1) (A)
failure to enroll in, or failure to successfully complete, the
program, or (2) (B) successful
completion of the program as ordered.
(e)
(d) Notwithstanding subdivision (a), if the offense occurred
in a vehicle requiring a driver with a class A or class B driver's
license or with an endorsement specified in Section 15278, the court
shall upon conviction order the department to suspend the driver's
privilege pursuant to paragraph (1) of subdivision (a) of Section
13352.
SEC. 13. Section 23166 of the Vehicle Code is amended to read:
23166. If the court grants probation to any person punished under
Section 23165, in addition to the provisions of Section 23206 and
any other terms and conditions imposed by the court, the court shall
impose as conditions of probation that the person be subject to
either subdivision (a) or (b), as follows:
(a) Be confined in the county jail for at least 10 days but not
more than one year, and pay a fine of at least three hundred ninety
dollars ($390) but not more than one thousand dollars ($1,000). The
person's privilege to operate a motor vehicle shall be suspended by
the Department of Motor Vehicles pursuant to paragraph (3) of
subdivision (a) of Section 13352.
(b) All of the following:
(1) Be confined in the county jail for at least 48 hours but not
more than one year.
(2) Pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000).
(3) If the person gives proof of financial
responsibility, as defined in Section 16430, to the Department of
Motor Vehicles, have Have the privilege to
operate a motor vehicle be restricted by the Department of Motor
Vehicles pursuant to Section 13352.5, for the duration of
the treatment program prescribed in paragraph (4), to necessary
travel to and from that person's place of employment and to and from
the applicable treatment program described in paragraph (4). If
driving a motor vehicle is necessary to perform the duties of the
person's employment, the restriction also shall allow the person to
drive in that person's scope of employment.
Except as is specified in subparagraph (B) of paragraph (4), if
the person gives proof of financial responsibility to the Department
of Motor Vehicles, the Department of Motor Vehicles shall not suspend
the person's privilege to operate a motor vehicle under Section
13352, as provided in Section 13352.5, unless the offense
occurred in a vehicle requiring a driver with a class A or class B
driver's license or with an endorsement prescribed in Section 15278.
(4) Either of the following:
(A) Enroll and participate, for at least 18 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a program licensed pursuant to Chapter 9 (commencing
with Section 11836) of Part 2 of Division 10.5 of the Health and
Safety Code, as designated by the court. The person shall complete
the entire program subsequent to, and shall not be given any credit
for any program activities completed prior to, the date of the
current violation. The program shall provide for persons who cannot
afford the program fee pursuant to paragraph (2) of subdivision (b)
of Section 11837.4 of the Health and Safety Code in order to enable
those persons to participate.
(B) Enroll and participate, for at least 30 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a program licensed pursuant to Chapter 9 (commencing
with Section 11836) of Part 2 of Division 10.5 of the Health and
Safety Code. The person shall complete the entire program subsequent
to, and shall not be given any credit for any program activities
completed prior to, the date of the current violation. A
person ordered to treatment pursuant to this subparagraph shall apply
to the court or to a board of review, as designated by the court, at
the conclusion of the program to obtain the court's order of
satisfaction. Only upon the granting of that order of satisfaction
by the court may the program issue its certificate of successful
completion and report the completion to the Department of Motor
Vehicles. A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this subparagraph is
a basis for reducing any other probation requirement or for avoiding
the mandatory license revocation provisions of paragraph (5) of
subdivision (a) of Section 13352.
SEC. 14. Section 23167 of the Vehicle Code is repealed.
23167. Notwithstanding the provisions of Section 23207, if any
person has been granted probation under the conditions of subdivision
(b) of Section 23166 and fails at any time to participate
successfully in the treatment program described in paragraph (4) of
that subdivision, the court shall revoke or terminate the probation,
and the court may revoke or terminate the probation if the person
failed to comply with any other term or condition of probation, and
the court shall proceed under either of the following provisions:
(a) Revoke suspension of sentence and proceed as provided in
subdivision (c) of Section 1203.2 of the Penal Code and order the
Department of Motor Vehicles to suspend the person's privilege to
operate a motor vehicle pursuant to paragraph (3) of subdivision (a)
of Section 13352 from the date of the order revoking or terminating
probation.
(b) Grant a new term of probation on the condition that the person
be confined in the county jail for at least 30 days and order the
Department of Motor Vehicles to suspend the person's privilege to
operate a motor vehicle pursuant to paragraph (3) of subdivision (a)
of Section 13352 from the date of the new grant of probation.
SEC. 15. Section 23186 of the Vehicle Code is amended to read:
23186. If the court grants probation to any person punished under
Section 23185, in addition to the provisions of Section 23206 and
any other terms and conditions imposed by the court, the court shall
impose as conditions of probation that the person be subject to the
provisions of either subdivision (a) or (b), as follows:
(a) Be confined in the county jail for at least 120 days and pay a
fine of at least three hundred ninety dollars ($390), but not more
than five thousand dollars ($5,000). The person's privilege to
operate a motor vehicle shall be revoked by the Department of Motor
Vehicles pursuant to paragraph (4) of subdivision (a) of Section
13352.
(b) All of the following:
(1) Be confined in the county jail for at least 30 days, but not
more than one year.
(2) Pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000).
(3) Pursuant to Section 13352.5, have Have
the privilege to operate a motor vehicle be suspended
for one year revoked by the Department of Motor
Vehicles and, after that one-year period, if the person
gives proof of financial responsibility, as defined in Section 16430
to the Department of Motor Vehicles, have the privilege restricted by
the Department of Motor Vehicles for two additional years to
necessary travel to and from that person's place of employment, and
to and from the treatment program described in paragraph (4). If
driving a motor vehicle is necessary to perform the duties of the
person's employment, the restriction also shall allow the person to
drive in that person's scope of employment. The Department of Motor
Vehicles shall not revoke the person's privilege to operate a motor
vehicle under Section 13352, as provided in Section 13352.5, unless
the offense occurred in a vehicle requiring a driver with a class A
or class B driver's license, or with an endorsement specified in
Section 15278 under paragraph (4) of subdivision (a)
of Section 13352 .
(4) Either of the following:
(A) Enroll in and participate, for at least 18
months subsequent to the date of the underlying violation and in a
manner satisfactory to the court, in a program licensed pursuant to
Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5
of the Health and Safety Code, if available in the county of the
person's residence or employment, as designated by the court. The
person shall complete the entire program subsequent to, and shall not
be given any credit for program activities completed prior to, the
date of the current violation. The program shall provide for persons
who cannot afford the program fee pursuant to paragraph (2) of
subdivision (b) of Section 11837.4 of the Health and Safety Code in
order to enable those persons to participate.
(B) Enroll in and participate, for at least 30
months subsequent to the date of the underlying violation and in a
manner satisfactory to the court, in a program licensed pursuant to
Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5
of the Health and Safety Code, if available in the county of the
person's residence or employment. The person shall complete the
entire program subsequent to, and shall not be given any credit for
program activities completed prior to, the date of the current
violation. A person ordered to treatment pursuant to this
subparagraph shall apply to the court or to a board of review, as
designated by the court, at the conclusion of the program to obtain
the court's order of satisfaction. Only upon the granting of that
order of satisfaction by the court may the program issue its
certificate of completion and report the completion to the Department
of Motor Vehicles. A failure to obtain an order of satisfaction at
the conclusion of the program is a violation of probation. In order
to enable all required persons to participate, each person shall pay
the program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this subparagraph is
a basis for reducing any other probation requirement or for avoiding
the mandatory license revocation provisions of paragraph (5) of
subdivision (a) of Section 13352.
SEC. 16. Section 23187 of the Vehicle Code is repealed.
23187. Notwithstanding the provisions of Section 23207, if any
person has been granted probation under the conditions of subdivision
(b) of Section 23186 and fails at any time to participate
successfully in the treatment program described in paragraph (4) of
that subdivision, the court shall revoke or terminate the probation,
and the court may revoke or terminate the probation if the person
failed to comply with any other term or condition of probation, and
the court shall proceed under either of the following provisions:
(a) Revoke suspension of sentence and proceed as provided in
subdivision (c) of Section 1203.2 of the Penal Code and order the
Department of Motor Vehicles to revoke the person's privilege to
operate a motor vehicle pursuant to paragraph (4) of subdivision (a)
of Section 13352 from the date of the order revoking or terminating
probation.
(b) Grant a new term of probation on the condition that the person
be confined in the county jail for at least 90 days and order the
Department of Motor Vehicles to suspend the person's privilege to
operate a motor vehicle pursuant to paragraph (4) of subdivision (a)
of Section 13352 from the date of the new grant of probation.
SEC. 17. Section 23203 of the Vehicle Code is amended to read:
23203. (a) If a person's privilege to operate a motor
vehicle is restricted by a court pursuant to this article, the court
shall clearly mark the restriction and the dates of the restriction
on each of that person's operator's licenses and promptly notify the
Department of Motor Vehicles of the terms of the restriction in a
manner prescribed by the department. The department shall place that
restriction on the person's records in the department and enter the
restriction on any license subsequently issued by the department to
that person during the period of the restriction.
(b) If the court removes a restriction before the end of the
previously specified term, the court shall so mark the person's
operator's license in a manner prescribed by the department and
promptly notify the department of the removal of the restriction.
(c) If a person is placed on probation pursuant to this
article, the court shall promptly notify the Department of Motor
Vehicles of the probation and probationary term and conditions in a
manner prescribed by the department. The department shall place the
fact of probation and the probationary term and conditions on the
person's records in the department.
SEC. 18. Section 23204 of the Vehicle Code is amended to read:
23204. If a person's privilege to operate a motor vehicle is
required or ordered to be suspended or revoked by the Department of
Motor Vehicles pursuant to other provisions of this code upon the
conviction of an offense of this article, that person shall surrender
each and every operator's license of that person to the court upon
conviction. At the time of sentencing, if the court grants
probation on terms which permit the person to retain his or her
driving privilege, the court may return the person's operator's
license to that person. The court shall transmit the
license or licenses required to be suspended or revoked to the
Department of Motor Vehicles pursuant to Section 13550, and the court
shall notify the department.
This section does not apply to an administrative proceeding by the
Department of Motor Vehicles to suspend or revoke the driving
privilege of any person pursuant to other provisions of law.
SEC. 19. Section 23235 of the Vehicle Code is amended to read:
23235. (a) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by this
article and publish a list of approved devices.
(b) The Department of Motor Vehicles shall utilize information
from an independent laboratory to certify ignition interlock devices
on or off the premises of the manufacturer or manufacturer's agent,
in accordance with the guidelines. The cost of certification shall
be borne by the manufacturers of interlock ignition devices. If the
certification of a device is suspended or revoked, the manufacturer
of the device shall be responsible for, and shall bear the cost of,
the removal of the device and the replacement of a certified device
of the manufacturer or another manufacturer.
(c) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
(d) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (c) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department. The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the Department of Motor
Vehicles in carrying out this section.
(e) The Administrative Office of the Courts
Department of Motor Vehicles shall ensure that standard
forms and procedures are developed for documenting decisions and
compliance and communicating results to relevant agencies. These
forms shall include all of the following:
(1) An " Order Option to Install," to
be issued to the probationer at the time of sentencing
sent by the Department of Motor Vehicles to repeat
offenders along with the mandatory order of suspension or revocation
. This shall include the conditions of the sentence
and alternatives available for early license
reinstatement with the installation of an ignition interlock device
and shall be accompanied by a toll-free telephone number for
each manufacturer of a certified ignition interlock device.
Information regarding approved installation locations shall be
provided to drivers by manufacturers with ignition interlock devices
that have been certified in accordance with this section.
Copies of the "Order to Install" shall be provided for the court, the
probationer, and the probation department, or other monitoring
agency.
(2) A "Verification of Installation" form to be returned to the
court by the probationer within a specified time period
Department of Motor Vehicles by the reinstating
offender upon application for reinstatement . Copies shall be
provided for the court, the probationer, the
manufacturer or the manufacturer's agent , and
the probation department or other monitoring agency .
(3) Verification of calibration, and compliance, forms
A "Notice of Noncompliance" form and procedures
to ensure continued use of the interlock device during the
probation restriction period and to ensure
compliance with maintenance requirements. The maintenance period
shall be standardized at 60 days to maximize monitoring checks for
equipment tampering.
(f) Every manufacturer and manufacturer's agent certified by the
Department of Motor Vehicles to provide ignition interlock devices
shall adopt fee schedules that provide for the payment of the costs
of the device by applicants in amounts commensurate with their
ability to pay.
SEC. 20. The heading of Article 4.5 (commencing with Section
23246) of Chapter 12 of Division 11 of the Vehicle Code is amended to
read:
Article 4.5. Mandatory Installation of
Ignition Interlock Devices
SEC. 21. Section 23246 of the Vehicle Code is amended to read:
23246. (a) In addition to any other provisions of law, the court
may require that the Department of Motor Vehicles prohibit
any person who is convicted of a first offense violation of Section
23152 or Section 23153 from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device as provided in this article. The court shall give
heightened consideration to applying this sanction to first offense
violators with 0.20 percent or more, by weight, of alcohol in his or
her blood at arrest, or with two or more prior moving traffic
violations, or of persons who refused the chemical tests at arrest.
If the court orders the ignition interlock restriction, the term
shall be determined by the court for a period not to exceed three
years.
(b) The court shall require any person who is convicted of a
violation of Section 14601.2 to install an ignition interlock device
on any vehicle that the person owns or operates for a period not to
exceed three years or until the person's driving privilege is
reinstated by the Department of Motor Vehicles.
(c) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement for the use of a certified ignition
interlock device. The records of the department shall reflect
mandatory use of the device for the term ordered by the court.
(d) The court shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(e) The court shall monitor the installation and maintenance of
any ignition interlock device restriction ordered pursuant to
subdivision (a) or (b). If any person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352
(1) Notwithstanding any other provision of law , if any
person is convicted of a violation of Section 23152 or 23153, and the
offense occurred within seven years of a one
or more separate violation violations
of Section 23152 or 23153 which that
resulted in a conviction, the court shall, subject to
this article, prohibit person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from
operating a motor vehicle unless that vehicle is equipped with a
functioning ignition interlock device, certified pursuant to Section
23235 , unless the court finds that to do so would not be in
the interest of justice, as prescribed by the rules adopted pursuant
to subdivision (c), and enters the grounds for its finding on the
record . The restriction shall remain in effect for
at least the remaining period of the original suspension or
revocation and until all reinstatement requirements in Section 13352
are met.
(2) Nothing in this section permits a person to drive
without a valid driver's license. The court shall advise the person
that installation of an Pursuant to subdivision (g),
the Department of Motor Vehicles shall immediately suspend the
privilege to operate a motor vehicle of any person who attempts to
bypass or tamper with the device, or who fails three or more times to
comply with any requirement for the maintenance or calibration of
the ignition interlock device on a vehicle does not
allow the person to drive without a valid driver's license
ordered pursuant to Section 13352. The privilege shall remain
suspended for the remaining period of the originating suspense or
revocation and until all reinstatement requirements in Section 13352
are met .
(b) The court shall order the installation of
(g) Any person whose driving privilege is restricted by the court
pursuant to this section or by the Department of Motor Vehicles
pursuant to Section 13352 shall arrange for each vehicle with
an ignition interlock device on any vehicle that a person
subject to subdivision (a) owns or operates. The court shall
determine which owned or operated vehicles shall be subject to the
installation order and may order that the person shall not operate a
vehicle that is owned by the person, thereby permitting the court to
exempt that vehicle from the installation order. The court shall
order the device to remain installed on the vehicle for a period of
one to three years following the restoration of the person's driving
privileges. The court shall make a determination as to whether the
person has the ability to pay for the ignition interlock device and,
if the person claims inability to pay for the installation, the court
shall determine the person's ability to pay in accordance with
subdivision (b) of Section 1203.1b of the Penal Code. If the court
determines that the person is unable to pay, the court may order a
payment plan. The plan may defer payment over a period that exceeds
the period of the court's ignition interlock device installation
order. The person shall pay the manufacturer to be
serviced by the installer at least once every 60 days in order for
the installer to recalibrate the device and monitor the operation of
the device. The installer shall notify the Department of Motor
Vehicles or the court, as appropriate, if the device indicates that
the person has attempted to bypass or tamper with the device, or if
the person fails three or more times to comply with any requirement
for the maintenance or calibration of the ignition interlock
device , or the manufacturer's agent, directly for the cost
of the device and its installation, in accordance with any payment
schedule ordered by the court. If the court determines that there is
no feasible way for the person to pay for the device, or if the
manufacturer declines the person's application for a payment plan, or
if the court exempts the person in the interest of justice in
accordance with subdivision (a), the court shall not order an
ignition interlock device installed, but may order the defendant to
perform an appropriate amount of community service .
There is no obligation on the part of the installer to notify the
department or the court if the person has complied with all of the
requirements of this article.
(c) The Judicial Council shall adopt rules for exemptions granted
pursuant to paragraph (1) of subdivision (a) on or before January 1,
1995. Those rules shall further the goal of installing an ignition
interlock device in as many cases as possible. The Judicial Council
shall authorize exemptions under all of the following circumstances:
(1) The defendant is an out-of-state resident.
(2) The defendant's residence is located 50 miles or more from, or
it is necessary for the defendant to drive at least two hours to
arrive at, the nearest ignition interlock installation or service
facility.
(3) If the defendant is the sole proprietor of a business which
requires two or more vehicles to be registered in his or her name and
the court determines that a single vehicle is the defendant's
primary vehicle, the court may order the installation of the ignition
interlock device on that one vehicle only.
(4) The defendant's prior driving conviction occurred six years
and nine months or more prior to the date of the offense for which he
or she is being sentenced and the defendant shows proof to the court
of enrollment in an alcohol rehabilitation program.
(5) The defendant provides proof to the court that the vehicle,
which is registered in the defendant's name, is inoperable and the
defendant is unable to comply with the requirements relating to the
transfer of title of the vehicle.
(d) The court shall require the person to provide proof of
installation to the court or the probation officer within 30 days of
the conviction, or within 30 days of the person's release from county
jail, state prison, or a locked residential treatment program, on a
form prescribed pursuant to Section 23235. If the driving privilege
of the person is not also suspended or revoked, the court shall
require the person to surrender his or her driver's license to the
court until that proof is submitted and verified by the court or
probation officer. If the person fails to provide proof of
installation within that period, absent a finding by the court of
good cause for that failure which is entered in the court record, the
court shall notify the Department of Motor Vehicles, which shall
revoke the person's driving privilege for a period of one year. The
period of revocation for failure to provide proof of installation
shall be added to any previously ordered suspension or revocation.
(e) A person whose driving privilege is restored prior to the end
of the period ordered in subdivision (b), may petition the court to
review whether it is necessary to continue the ignition interlock
order.
(f) A person whose driving privilege is restricted pursuant to
this section shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate the device and
monitor the operation of the device. The installer shall notify the
court or probation officer if the person fails to return for
recalibration or if the device indicates that the person has
attempted to bypass or tamper with the device or has attempted to
start the vehicle while intoxicated. Unless so ordered by the court,
there shall be no obligation on the part of the installer to notify
the court or probation officer if the person has complied with all of
the requirements of this article.
(g) The court shall immediately suspend the privilege to operate a
motor vehicle of, and issue a bench warrant for, any person who
fails to comply with any notice from the court or probation officer
to comply with the installation period ordered pursuant to
subdivision (b) or with the reporting requirement of subdivision (f),
or who three or more times fails to comply with any requirement for
the maintenance or calibration of the ignition interlock device.
(h) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement for, and the period of, the use of a
certified ignition interlock device under this section. The records
of the Department of Motor Vehicles shall reflect mandatory use of
the device.
(i) If a person has a medical problem that does not permit the
person to breathe
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the
person owns or operates or remain with a suspended or revoked driver'
s license.
(j) Pursuant to subdivision (a), out-of-state residents who
otherwise would qualify for an ignition interlock restricted license
in California shall be prohibited from operating a motor vehicle in
California unless that vehicle is equipped with a functioning
ignition interlock device. No ignition interlock device is required
to be installed on any vehicle owned by the defendant that is not
driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the
device, and provides the court with a physician's report that
documents this condition to the satisfaction of the court, the court
shall not order an ignition interlock device installed but may order
the defendant to perform an appropriate amount of community service.
The court may delay the installation of the device if the physician'
s report indicates that the person's condition may improve
sufficiently to permit use of the device. The court shall enter on
the record that it has granted a permanent or temporary medical
exception as documented by a physician and surgeon's report
then that person shall only have the suspension option .
(j) The owner of a vehicle that has an ignition interlock device
installed shall notify the court of a pending sale of the vehicle
prior to transfer of the vehicle to the new owner. The court shall
determine whether there is a replacement vehicle and shall order
installation of the ignition interlock device in the replacement
vehicle for the duration of the sentence. If the court determines
that there is no replacement vehicle, the court may suspend the
restriction or order the person to perform an appropriate amount of
community service. The Department of Motor Vehicles shall
crossmatch, on a weekly basis, driver's license records of persons
who have violated either Section 23152 or 23153 with records of those
persons applying for a change of ownership or transfer of title and
report any matched records to the appropriate court.
(k)
(l) This article does not restrict a court from requiring
installation of an ignition interlock device for any persons to whom
subdivision (a) does not apply.
(l)
(m) For purposes of this section, "vehicle" does not include
a motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. However, a court shall order
a person subject to this section not to operate a motorcycle for the
duration of the ignition interlock order
restriction period .
(m)
(n) For purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating vehicles that
are not owned by the person subject to this section.
SEC. 22. Section 23247 of the Vehicle Code is amended to read:
23247. (a) It is unlawful for a person to knowingly rent, lease,
or lend a motor vehicle to another person known to have had his or
her driving privilege restricted as provided in Section 13352 or
23246, unless the vehicle is equipped with a functioning,
certified ignition interlock device. Any person, whose driving
privilege is restricted pursuant to Section 13352 or 23246
shall notify any other person who rents, leases, or loans a motor
vehicle to him or her of the driving restriction imposed under that
section.
(b) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352 or 23246 to request
or solicit any other person to blow into an ignition interlock device
or to start a motor vehicle equipped with the device for the purpose
of providing the person so restricted with an operable motor
vehicle.
(c) It is unlawful to blow into an ignition interlock device or to
start a motor vehicle equipped with the device for the purpose of
providing an operable motor vehicle to a person whose driving
privilege is restricted pursuant to Section 13352 or
23246.
(d) It is unlawful to tamper with, or circumvent the operation of,
an ignition interlock device.
(e) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352 or 23246 to operate
any vehicle not equipped with a functioning ignition interlock device
or any vehicle that a court orders him or her not to
operate .
(f) Any person convicted of a violation of this section shall be
punished by imprisonment in the county jail for not more than six
months or by a fine of not more than five thousand dollars ($5,000),
or by both that fine and imprisonment.
(g) If any person who is restricted pursuant to Section 13352
or 23246 violates this section
subdivision (e) , the court shall notify the Department of
Motor Vehicles, which shall revoke the person's driving privilege for
one year from the date the court finds that the person violated this
section.
Immediately upon revocation, the order for installation imposed in
accordance with subdivision (b) of Section 23246 shall be deemed
extended for a period equal to the period of revocation and until the
person has petitioned the court for review of a continued
restriction, pursuant to subdivision (d) of Section 23246.
(h) If any person who is restricted pursuant to Section 23246
violates subdivision (e), by operating a vehicle that the court has
ordered him or her not to operate, the court shall order the
installation of an ignition interlock device on the vehicle that the
person used in violating subdivision (e). The order shall be
consistent with the provisions of Section 23246.
(i) It is an affirmative defense to a criminal prosecution, with
the exception of a prosecution for violation of Section 12500, 12951,
14601, 14601.1, 14601.2, 14601.3, or 14601.4, or a probation
violation under this article if the defendant or violator can show
either of the following circumstances:
(1) If he or she had his or her valid driving privilege restricted
pursuant to Section 23246 and leased, rented, or borrowed a vehicle
for an emergency use when no other feasible alternative was
available, or for a bona fide business purpose when he or she was
away from his or her regular place of business.
(2) If he or she rented, leased, or loaned a vehicle to another
person, whose valid driving privilege was restricted pursuant to
Section 23246, for an emergency use when no other feasible
alternative was available, or for a bona fide business purpose when
the person subject to the restriction was away from his or her
regular place of business.
(j) Nothing in this section permits a person to drive without a
valid driver's license. The court shall advise the person that
installation of an ignition interlock device on a vehicle does not
allow the person to drive without a valid driver's license.
(h) Notwithstanding any other provision of law, if a vehicle in
which an ignition interlock device has been installed is impounded or
repossessed for any reason, the manufacturer or installer of the
device shall have the right to remove the device from the vehicle
during normal business hours. No charge shall be imposed for the
removal of the device nor shall the manufacturer or installer be
liable for any removal, towing, impoundment, storage, release, or
administrative costs or penalties associated with the impoundment or
repossession. Upon request, the person seeking to remove the device
shall present documentation to justify removal of the device from the
vehicle. Any damage to the vehicle resulting from the removal of
the device is the responsibility of the person removing it.
SEC. 23. Section 23249 of the Vehicle Code is repealed.
23249. This article shall become operative on July 1, 1993.
SEC. 24. Section 23249 is added to the Vehicle Code, to read:
23249. The Department of Motor Vehicles shall undertake a study
and report the findings of that study to the Legislature on or before
January 1, 2002, on all of the following matters:
(a) The effectiveness of this article in providing a reduction in
the recidivism rate of persons convicted of violations of Section
23152 or 23153, and the reduction in vehicle accidents attributed to
the implementation of this article, as revised by the act that added
this section.
(b) The overall effectiveness of ignition interlock devices in
providing a reduction in the recidivism rate of persons convicted of
violations of Section 23152 or 23153, and the reduction in vehicle
accidents attributable to the use of those devices.
SEC. 25. Section 23249.1 is added to the Vehicle Code, to read:
23249.1. This article shall remain in effect only until January
1, 2004, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2004, deletes or extends
that date.
SEC. 26. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 27. This act shall become operative on July 1, 2000.
_____________________________________ All matter omitted in this
version of the bill appears in the bill as amended in the
Senate/ August 5, 1997 (JR 11)
____________________________________