BILL NUMBER: SB 24 CHAPTERED
BILL TEXT
CHAPTER 22
FILED WITH SECRETARY OF STATE MAY 26, 1999
APPROVED BY GOVERNOR MAY 26, 1999
PASSED THE SENATE MAY 10, 1999
PASSED THE ASSEMBLY APRIL 29, 1999
AMENDED IN ASSEMBLY APRIL 12, 1999
AMENDED IN ASSEMBLY APRIL 5, 1999
AMENDED IN SENATE FEBRUARY 8, 1999
INTRODUCED BY Committee on Public Safety (Senators Vasconcellos
(chair), Burton, Johnston, McPherson, Polanco, and Rainey)
DECEMBER 7, 1998
An act to amend Sections 11837 and 11837.1 of the Health and
Safety Code, to amend Section 1861.025 of the Insurance Code, to
amend Section 193.7 of the Penal Code, and to amend Sections 1661,
1803, 1803.4, 9553, 12802.5, 13106, 13350, 13350.5, 13352, 13352.4,
13352.5, 13353.2, 14601.2, 14601.3, 21200.5, 22651, 23247, 23546,
23550, 23550.5, 23552, 23566, 23568, 23572, 23577, 23600, 23602,
23640, 23650, 23655, and 23665 of, to repeal Sections 23198, 23522,
23524, and 23590 of, to amend and renumber Sections 23157, 23160,
23161, 23166, 23186, 23203, 23204, 23235, 23246, 23249.52, 23249.53,
23249.54, and 23249.55 of, to add and repeal Section 23198 of, to
repeal and add Section 23596 of, and to repeal the heading of Article
4.5 (commencing with Section 23246) of Chapter 12 of Division 11 of,
the Vehicle Code, relating to vehicles, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 24, Committee on Public Safety. Vehicles.
(1) Existing law makes it a crime to drive a vehicle while under
the influence of alcohol, any drug, or a combination of alcohol and
any drug. Existing law also makes it a crime to drive a vehicle with
a blood-alcohol content equal to or greater than a specified
percentage or to drive a vehicle when addicted to the use of any drug
(DUI offenses). Under the provisions of Chapter 118 of the Statutes
of 1998 (SB 1186), operative on July 1, 1999, these DUI provisions
will be reorganized, without substantive change. Other chapters of
the Statutes of 1998 made various changes to certain of the same DUI
statutes affected by the reorganized provisions.
This bill would correct certain cross-references and would provide
clarifying cross-references and renumbering to these reorganized
provisions. The bill would also make technical and conforming
changes to certain of the DUI provisions affected by other chapters
of the Statutes of 1998. The bill would delete certain duplicative
provisions. These technical and clarifying changes and the changes
described in (4) would become operative on July 1, 1999, the
operative date of the reorganized provisions.
(2) Existing provisions of the Insurance Code provide that a
person is qualified to purchase a Good Driver Discount policy if the
driver, among other things, during the previous 7 years has not been
convicted of specified violations of the Vehicle Code and the Penal
Code.
This bill would add to those violations specified former sections
of the Vehicle Code.
(3) Existing law requires the Department of Motor Vehicles to
notify the registered owner of each vehicle of the date that the
registration renewal fee of the vehicle is due, as specified.
Existing law also provides for the removal and impoundment of a
vehicle with a vehicle registration expiration in excess of 6 months.
This bill would require the department when providing the
registered owner with any final notice of delinquent registration to
include a warning that failure to properly register the vehicle may
result in the vehicle's removal and impoundment.
(4) Existing law authorizes peace officers and certain regularly
employed and salaried employees engaged in traffic control matters of
local agencies to remove vehicles under specified circumstances,
including vehicles found in certain public places with a registration
expiration date in excess of 6 months, before the date it is found.
However, as to occupied vehicles with a registration expiration date
in excess of 6 months, only a peace officer may remove the vehicle.
This bill would revise these provisions to also authorize the
removal of a vehicle that is operated in certain places with a
registration expiration date in excess of 6 months.
(5) Existing law authorizes the Department of Motor Vehicles to
issue restricted drivers' licenses to persons following their
convictions of DUI offenses if those persons comply with specified
conditions including enrollment and participation in, and completion
of licensed alcohol and other drug education and counseling services
programs, or the installation and maintenance of ignition interlock
devices, or both.
This bill would require the department to terminate the
restrictions and to suspend or revoke, as specified, the person's
privilege to operate a motor vehicle upon notification from the
program that the person has failed to comply with the program's
requirements. The bill would make conforming changes.
The bill would also require the department to suspend a person's
driving privilege for one year if the person is subject to the above
ignition interlock device restriction and is convicted of operating a
vehicle without a functioning ignition interlock device. The bill
would make conforming changes.
The bill would require each person who is subject to an ignition
interlock device restriction to have serviced, at least every 60
days, the device, as specified. The bill would require the installer
who services these devices to notify the court if the device
indicates that the person has attempted to remove, bypass, or tamper
with the device, or if the person fails 3 or more times to comply
with any requirement for the maintenance or calibration of the
device. Because, under existing law, a violation of these provisions
is a crime, this bill would impose a state-mandated local program by
creating a new crime.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(7) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11837 of the Health and Safety Code, as amended
by Section 2.5 of Chapter 756 of the Statutes of 1998, 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) 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 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 23538 of the Vehicle
Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or
23568 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 23655 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) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first offender
whose concentration of alcohol in his or her blood was less than 0.20
percent, by weight, to participate for at least three months or
longer, as ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(2) Notwithstanding any other provision of law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person's blood was 0.20 percent or
more, by weight, or the person refused to take a chemical test, the
court shall order the person to participate, for at least six months
or longer, as ordered by the court, in a licensed program that
consists of at least 45 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(d) (1) The State Department of Alcohol and Drug Programs shall
specify in regulations the activities required to be provided in the
treatment of participants receiving six months of licensed program
services under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the Vehicle
Code.
(e) 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
23542 or 23562 of the Vehicle Code or a 30-month program described in
Section 23548, 23552, or 23568 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.
(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate in
the abstract of the record of the court that is forwarded to the
department.
SEC. 2. Section 11837.1 of the Health and Safety Code, as amended
by Section 3 of Chapter 756 of the Statutes of 1998, is amended to
read:
11837.1. (a) In utilizing any program described in 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) 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 23542 of the Vehicle Code or a 30-month program
described in Section 23548, 23552, or 23568 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 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 of its action.
(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 23542 or 23562 of the Vehicle Code or to a 30-month program
pursuant to Section 23548, 23552, or 23568 of the Vehicle Code.
SEC. 2.5. Section 1861.025 of the Insurance Code is amended to
read:
1861.025. A person is qualified to purchase a Good Driver
Discount policy if he or she meets all of the following criteria:
(a) He or she has been licensed to drive a motor vehicle for the
previous three years.
(b) During the previous three years, he or she has not done any of
the following:
(1) Had more than one violation point count determined as provided
by subdivision (a), (b), (c), (d), (e), (g), or (h) of Section 12810
of the Vehicle Code, but subject to the following modifications:
For the purposes of this section, the driver of a motor vehicle
involved in an accident for which he or she was principally at fault
that resulted only in damage to property shall receive one violation
point count, in addition to any other violation points which may be
imposed for this accident.
If, under Section 488 or 488.5, an insurer is prohibited from
increasing the premium on a policy on account of a violation, that
violation shall not be included in determining the point count of the
person.
If a violation is required to be reported under Section 1816 of
the Vehicle Code, or under Section 784 of the Welfare and
Institutions Code, or any other provision requiring the reporting of
a violation by a minor, the violation shall be included for the
purposes of this section in determining the point count in the same
manner as is applicable to adult violations.
(2) Had more than one dismissal pursuant to Section 1803.5 of the
Vehicle Code that was not made confidential pursuant to Section
1808.7 of the Vehicle Code, in the 36-month period for violations
that would have resulted in the imposition of more than one violation
point count under paragraph (1) if the complaint had not been
dismissed.
(3) Was the driver of a motor vehicle involved in an accident that
resulted in bodily injury or in the death of any person and was
principally at fault. The commissioner shall adopt regulations
setting guidelines to be used by insurers for the their determination
of fault for the purposes of this paragraph and paragraph (1).
(c) During the previous seven years, he or she has not been
convicted of a violation of Section 23140, 23152, or 23153 of the
Vehicle Code, a felony violation of Section 23550 or 23566, or former
Section 23175 or, as those sections read on January 1, 1999, of the
Vehicle Code, or a violation of Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code.
(d) Any person who claims that he or she meets the criteria of
subdivisions (a), (b), and (c) based entirely or partially on a
driver's license and driving experience acquired anywhere other than
in the United States or Canada is rebuttably presumed to be qualified
to purchase a Good Driver Discount policy if he or she has been
licensed to drive in the United States or Canada for at least the
previous 18 months and meets the criteria of subdivisions (a), (b),
and (c) for that period.
SEC. 3. Section 193.7 of the Penal Code is amended to read:
193.7. Any person convicted of a violation of paragraph (3) of
subdivision (c) of Section 192 which occurred within seven years of
two or more separate violations of Section 23103, as specified in
Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code,
or any combination thereof, which resulted in convictions, shall be
designated as an habitual traffic offender subject to paragraph (3)
of subdivision (e) of Section 14601.3 of the Vehicle Code, for a
period of three years, subsequent to the conviction. The person
shall be advised of this designation pursuant to subdivision (b) of
Section 13350 of the Vehicle Code.
SEC. 4. Section 1661 of the Vehicle Code is amended to read:
1661. (a) The department shall notify the registered owner of
each vehicle of the date that the registration renewal fee of the
vehicle is due, at least 60 days prior to that due date.
(b) The department shall include in any final notice of delinquent
registration provided to the registered owner of a vehicle whose
registration has not been properly renewed as required under this
code, information relating to the potential removal and impoundment
of that vehicle under subdivision (o) of Section 22651.
SEC. 5. Section 1803 of the Vehicle Code, as amended by Section 4
of Chapter 756 of the Statutes of 1998, 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 23538, subdivision (b) of Section 23542, subdivision (b) of
Section 23562, or subdivision (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 23602, 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. 6. Section 1803.4 of the Vehicle Code is amended to read:
1803.4. Any record regarding the providing of information
pursuant to Section 13106, or record of persons personally given
notice by the department or a court, by a peace officer pursuant to
Section 13382 or 13388, or otherwise pursuant to this code regarding
the suspension or revocation of a person's privilege to operate a
motor vehicle shall, upon request, be provided as follows:
(a) Immediately to any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
acting within the scope of his or her duties.
(b) Clearly stated on the record provided to any court of this
state.
SEC. 6.2. Section 9553 of the Vehicle Code is amended to read:
9553. (a) A penalty shall be added upon any application for
renewal of registration or any application for renewal of special
license plates made after midnight of the expiration date of the
registration or special plates, except as provided in Section 4604 or
9706, or in subdivision (b).
(b) Except as provided in subdivision (c), when renewal fee
penalties have not accrued with respect to a vehicle and the vehicle
is transferred, the transferee has 20 days from the date of the
transfer to pay the registration fees which become due without
payment of any penalties that otherwise would be required under
subdivision (a) or to file a certification pursuant to subdivision
(a) of Section 4604 if the vehicle will not be operated, moved, or
left standing upon any highway during the subsequent registration
year without first making application for registration of the
vehicle, including full payment of all fees.
(c) (1) A dealer or lessor-retailer submitting an application for
registration or transfer of a used vehicle shall have 30 days from
the date of sale to submit the fees, without the penalty that
otherwise would be required under subdivision (a).
(2) This subdivision does not apply to penalties due or accrued
prior to the date of sale by the dealer or lessor-retailer.
(d) If the fee specified in Sections 9255 and 9257 is not paid
within 20 days after it becomes delinquent, a penalty shall be added
thereto.
(e) In addition to the imposition of monetary fines or fees as
specified in this section, delinquent registration may result in
impoundment of the vehicle pursuant to Section 22651.
SEC. 7. Section 12802.5 of the Vehicle Code is amended to read:
12802.5. Before issuing a driver's license or permit to any
person under 21 years of age, both of the following shall occur:
(a) The department shall inform the applicant of the following:
(1) It is unlawful to drive with a blood-alcohol concentration of
0.01 percent or greater, as measured by a preliminary alcohol
screening test or other chemical test.
(2) The penalty for so driving is a one-year suspension of the
driving privilege.
(3) A refusal to take, or a failure to complete, a preliminary
alcohol screening test or other chemical test for the purpose of
determining the level of alcohol pursuant to Section 13388 shall
result in a one-year suspension of the driving privilege.
(4) The fee for reissuance of a driver's license after suspension
for a violation of Section 23136 is one hundred dollars ($100). This
fee is in addition to any other fees that may be imposed by the
department in connection with reissuance of a driver's license.
(b) The applicant shall sign a statement that acknowledges that he
or she has been notified of the information specified in subdivision
(a).
SEC. 8. Section 13106 of the Vehicle Code is amended to read:
13106. (a) When the privilege of a person to operate a motor
vehicle is suspended or revoked, the department shall notify the
person by certified mail, return receipt requested, of the action
taken and of the effective date thereof, except for those persons
personally given notice by the department or a court, by a peace
officer pursuant to Section 13388 or 13382, or otherwise pursuant to
this code. It shall be conclusively presumed that a person has
knowledge of the suspension or revocation if notice has been sent by
certified mail by the department pursuant to this section to the most
recent address reported to the department pursuant to Section 14600,
and the return receipt has been signed and returned to the
department. It is the responsibility of every holder of a driver's
license to report changes of address to the department pursuant to
Section 14600.
(b) The department may utilize alternative methods for determining
the whereabouts of a driver, whose driving privilege has been
suspended or revoked under this code, for the purpose of providing
the driver with notice of suspension or revocation. Alternative
methods may include, but are not limited to, cooperating with other
state agencies that maintain more current address information than
the department's driver's license files.
(c) At the time of license reinstatement, the department shall
recover, through fees authorized pursuant to Section 14906, an amount
equal to its total costs of providing notices pursuant to this
section.
SEC. 9. Section 13350 of the Vehicle Code is amended to read:
13350. (a) The department immediately shall revoke the privilege
of any person to drive a motor vehicle upon receipt of a duly
certified abstract of the record of any court showing that the person
has been convicted of any of the following crimes or offenses:
(1) Failure of the driver of a vehicle involved in an accident
resulting in injury or death to any person to stop or otherwise
comply with Section 20001.
(2) Any felony in the commission of which a motor vehicle is used,
except as provided in Section 13351, 13352, or 13357.
(3) Reckless driving causing bodily injury.
(b) If a person is convicted of a violation of Section 23152
punishable under Section 23546, 23550, or 23550.5, or a violation of
Section 23153 punishable under Section 23566, including a violation
of paragraph (3) of subdivision (c) of Section 192 of the Penal Code
as provided in Section 193.7 of that code, the court shall, at the
time of surrender of the driver's license or temporary permit,
require the defendant to sign an affidavit in a form provided by the
department acknowledging his or her understanding of the revocation
required by paragraph (5), (6), or (7) of subdivision (a) of Section
13352, and an acknowledgment of his or her designation as an habitual
traffic offender. A copy of this affidavit shall be transmitted,
with the license or temporary permit, to the department within the
prescribed 10 days.
(c) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of one year after the date of
revocation and until the person whose privilege was revoked gives
proof of financial responsibility as defined in Section 16430.
SEC. 10. Section 13350.5 of the Vehicle Code is amended to read:
13350.5. Notwithstanding Section 13350, for the purposes of this
article, conviction of a violation of paragraph (3) of subdivision
(c) of Section 192 of the Penal Code is a conviction of a violation
of Section 23153.
SEC. 11. 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 Sections 15300 to 15302, inclusive.
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 23536, the privilege shall be suspended for
a period of six months. 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 23538. 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
23538.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, 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 23556.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for 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 23542. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. No credit shall be given to any program
activities completed prior to the date of the current violation. 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, subsequent to the
current underlying conviction, either of the following:
(i) Proof of enrollment in a licensed 18-month program 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,
pursuant to Section 11836 of the Health and Safety Code.
(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 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees 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 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, 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 of a program described in Section 23562. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. No credit shall be given to any program
activities completed prior to the date of the current violation. The
department shall advise the person that after the 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, subsequent 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 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(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 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, 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 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
Section 11836 of the Health and Safety Code, or a program specified
in Section 8001 of the Penal Code. For the purposes of this
paragraph, enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation. No
credit shall be given to any program activities completed prior to
the date of the current violation. 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, subsequent 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.
The person agrees, as a condition of the restriction, to continue
satisfactory participation in the 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(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 23546 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 Section 11836 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 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23566, 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 that would authorize
the refusal to issue a license, and the person gives proof of
ability to respond in damages and proof satisfactory to the
department of successful completion 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 Section 11836 of the Health and Safety Code, or
a program specified in Section 8001 of the Penal Code. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. No credit shall be given to any program
activities completed prior to the date of the current violation. The
department shall advise the person that after the completion of 30
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, subsequent to the
current underlying conviction, either of the following:
(i) 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.
(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 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) Any individual convicted of a violation of Section 23153
punishable under Section 23566 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 Section 11836 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 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, 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 that
would authorize the refusal to issue a license, and the person gives
proof of ability to respond in damages and proof satisfactory to the
department of successful completion 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 Section 11836 of the Health and Safety Code, or a program
specified in Section 8001 of the Penal Code. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. No credit shall be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after the completion of 24 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, subsequent 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. The person
agrees, as a condition of the restriction, to continue satisfactory
participation in the 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(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 23550 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 Section 11836 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 23575.
(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 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 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) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege to operate a
motor vehicle upon receipt of notification from the program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the originating suspension or revocation and
until all reinstatement requirements described in this section are
met.
SEC. 12. Section 13352.4 of the Vehicle Code, as amended by
Chapter 756 of the Statutes of 1998, is amended to read:
13352.4. (a) The department shall require a person upon whom the
court has imposed the condition of probation required by subdivision
(b) of Section 23538 to submit proof of the satisfactory completion
of a program licensed pursuant to Section 11836 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.
(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.
SEC. 13. Section 13352.5 of the Vehicle Code, as added by Section
7 of Chapter 756 of the Statutes of 1998, is amended 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 23542 instead of suspending that person'
s license, if the person meets all of the following requirements:
(1) Submits proof of enrollment in, or completion of, a drug and
alcohol treatment program described in paragraph (4) of subdivision
(b) of Section 23542.
(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 in effect for the
duration of the treatment program described in paragraph (4) of
subdivision (b) of Section 23542.
(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. For
the purposes of this section, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. No credit shall be given to any program
activities completed prior to the date of the current violation.
(f) The department shall immediately terminate the restriction
imposed pursuant to this section and 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.
(g) Twelve months after the date of conviction, the offender may
apply to the department for a restricted driver's license, subject to
the conditions specified in paragraph (3) of subdivision (a) of
Section 13352. Whenever proof of financial responsibility has
already been provided in compliance with restrictions described in
this section, and the offender subsequently receives an ignition
interlock device restriction described in paragraph (3) of
subdivision (a) of Section 13352, the proof of financial
responsibility period shall not be extended beyond the previously
established term.
SEC. 14. Section 13353.2 of the Vehicle Code, as amended by
Section 3.12 of Chapter 118 of the Statutes of 1998, is amended to
read:
13353.2. (a) The department shall immediately suspend the
privilege of any person to operate a motor vehicle for any one of the
following reasons:
(1) The person was driving a motor vehicle when the person had
0.08 percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test, or other chemical test.
(b) The notice of the order of suspension under this section shall
be served on the person by a peace officer pursuant to Section 13388
or 13382. The notice of the order of suspension shall be on a form
provided by the department. If the notice of the order of suspension
has not been served upon the person by the peace officer pursuant to
Section 13388 or 13382, upon the receipt of the report of a peace
officer submitted pursuant to Section 13380, the department shall
mail written notice of the order of the suspension to the person at
the last known address shown on the department's records and, if the
address of the person provided by the peace officer's report differs
from the address of record, to that address.
(c) The notice of the order of suspension shall clearly specify
the reason and statutory grounds for the suspension, the effective
date of the suspension, the right of the person to request an
administrative hearing, the procedure for requesting an
administrative hearing, and the date by which a request for an
administrative hearing shall be made in order to receive a
determination prior to the effective date of the suspension.
(d) The department shall make a determination of the facts in
subdivision (a) on the basis of the report of a peace officer
submitted pursuant to Section 13380. The determination of the facts,
after administrative review pursuant to Section 13557, by the
department is final, unless an administrative hearing is held
pursuant to Section 13558 and any judicial review of the
administrative determination after the hearing pursuant to Section
13559 is final.
(e) The determination of the facts in subdivision (a) is a civil
matter which is independent of the determination of the person's
guilt or innocence, shall have no collateral estoppel effect on a
subsequent criminal prosecution, and shall not preclude the
litigation of the same or similar facts in the criminal proceeding.
If a person is acquitted of criminal charges relating to a
determination of facts under subdivision (a), or if the person's
driver's license was suspended pursuant to Section 13388 and the
department finds no basis for a suspension pursuant to that section,
the department shall immediately reinstate the person's privilege to
operate a motor vehicle if the department has suspended it
administratively pursuant to subdivision (a), and the department
shall return or reissue for the remaining term any driver's license
which has been taken from the person pursuant to Section 13382 or
otherwise. Notwithstanding subdivision (b) of Section 13558, if
criminal charges under Section 23140, 23152, or 23153 are not filed
by the district attorney because of a lack of evidence, or if those
charges are filed but are subsequently dismissed by the court because
of an insufficiency of evidence, the person has a renewed right to
request an administrative hearing before the department. The request
for a hearing shall be made within one year from the date of arrest.
(f) The department shall furnish a form that requires a detailed
explanation specifying which evidence was defective or lacking and
detailing why that evidence was defective or lacking. The form shall
be made available to the person to provide to the district attorney.
The department shall hold an administrative hearing, and the
hearing officer shall consider the reasons for the failure to
prosecute given by the district attorney on the form provided by the
department. If applicable, the hearing officer shall consider the
reasons stated on the record by a judge who dismisses the charges.
No fee shall be imposed pursuant to Section 14905 for the return or
reissuing of a driver's license pursuant to this subdivision. The
disposition of a suspension action under this section does not affect
any action to suspend or revoke the person's privilege to operate a
motor vehicle under any other provision of this code, including, but
not limited to, Section 13352 or 13353, or Chapter 3 (commencing with
Section 13800).
SEC. 15. Section 14601.2 of the Vehicle Code, as amended by
Section 10 of Chapter 756 of the Statutes of 1998, 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, 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 23546, subdivision
(b) of Section 23550, or subdivision (b) of Section 23550.5, in which
case the person, 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
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 23546 or
subdivision (b) of Section 23550, in which case the person, 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
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
that results in a conviction of this section within seven years, but
over five years, of a prior offense 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 23575, the court shall require any person
convicted of a violation 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 that is owned or utilized by
the person's employer, during the course of employment on private
property that is owned or utilized by the employer, except an
offstreet parking facility as defined in subdivision (c) of Section
12500.
SEC. 16. Section 14601.3 of the Vehicle Code is amended to read:
14601.3. (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation. A person who violates this subdivision is designated an
habitual traffic offender.
For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
(3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
(b) 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. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being
designated an habitual traffic offender, may execute and transmit by
mail a notice of that designation to the office of the district
attorney having jurisdiction over the location of the person's last
known address as contained in the department's records.
(d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
(2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23546, subdivision (b) of Section 23550, or subdivision (b) of
Section 23550.5, who is convicted of violating Section 14601.2 shall
be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, subdivision (b) of Section 23550.5,
or subdivision (d) of Section 23566 who is convicted of a violation
of Section 14601.2 shall be punished by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
The penalty in this paragraph shall be consecutive to that imposed
for the violation of any other law.
SEC. 17. Section 21200.5 of the Vehicle Code is amended to read:
21200.5. Notwithstanding Section 21200, it is unlawful for any
person to ride a bicycle upon a highway while under the influence of
an alcoholic beverage or any drug, or under the combined influence of
an alcoholic beverage and any drug. Any person arrested for a
violation of this section may request to have a chemical test made of
the person's blood, breath, or urine for the purpose of determining
the alcoholic or drug content of that person's blood pursuant to
Section 23612, and, if so requested, the arresting officer shall have
the test performed. A conviction of a violation of this section
shall be punished by a fine of not more than two hundred fifty
dollars ($250). Violations of this section are subject to Section
13202.5.
SEC. 17.5. Section 22651 of the Vehicle Code, as amended by
Section 11.5 of Chapter 118 of the Statutes of 1998, is amended to
read:
22651. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under any of the following
circumstances:
(a) When any vehicle is left unattended upon any bridge, viaduct,
or causeway or in any tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When any vehicle is parked or left standing upon a highway in
a position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When any vehicle is found upon a highway or any public lands
and a report has previously been made that the vehicle has been
stolen or a complaint has been filed and a warrant thereon issued
charging that the vehicle has been embezzled.
(d) When any vehicle is illegally parked so as to block the
entrance to a private driveway and it is impractical to move the
vehicle from in front of the driveway to another point on the
highway.
(e) When any vehicle is illegally parked so as to prevent access
by firefighting equipment to a fire hydrant and it is impracticable
to move the vehicle from in front of the fire hydrant to another
point on the highway.
(f) When any vehicle, except any highway maintenance or
construction equipment, is stopped, parked, or left standing for more
than four hours upon the right-of-way of any freeway which has full
control of access and no crossings at grade and the driver, if
present, cannot move the vehicle under its own power.
(g) When the person or persons in charge of a vehicle upon a
highway or any public lands are, by reason of physical injuries or
illness, incapacitated to an extent so as to be unable to provide for
its custody or removal.
(h) (1) When an officer arrests any person driving or in control
of a vehicle for an alleged offense and the officer is, by this code
or other law, required or permitted to take, and does take, the
person into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388.
(i) (1) When any vehicle, other than a rented vehicle, is found
upon a highway or any public lands, or is removed pursuant to this
code, and it is known that the vehicle has been issued five or more
notices of parking violations to which the owner or person in control
of the vehicle has not responded within 21 calendar days of notice
of citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violation or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which no certificate has been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and any other vehicle registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for any local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt thereof, full amount
of the parking penalties for all notices of parking violations
issued for the vehicle and for any local administrative charges
imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for any
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When any vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When any vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When any vehicle is illegally parked on a highway in violation
of any local ordinance forbidding standing or parking and the use of
a highway, or a portion thereof, is necessary for the cleaning,
repair, or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by local authorities pursuant to the ordinance.
(m) Wherever the use of the highway, or any portion thereof, is
authorized by local authorities for a purpose other than the normal
flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of any vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by local authorities pursuant to the
ordinance.
(n) Whenever any vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. No vehicle may be removed
unless signs are posted giving notice of the removal.
(o) (1) When any vehicle is found or operated upon a highway, any
public lands, or an offstreet parking facility with a registration
expiration date in excess of six months before the date it is found
or operated on the highway, public lands, or the offstreet parking
facility. However, whenever the vehicle is occupied, only a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, may remove the vehicle. For the
purposes of this subdivision, the vehicle shall be released to the
owner or person in control of the vehicle only after the owner or
person furnishes the storing law enforcement agency with proof of
current registration and a currently valid driver's license to
operate the vehicle.
(2) As used in this subdivision, "offstreet parking facility"
means any offstreet facility held open for use by the public for
parking vehicles and includes any publicly owned facilities for
offstreet parking, and privately owned facilities for offstreet
parking where no fee is charged for the privilege to park and which
are held open for the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle has not been
impounded pursuant to Section 22655.5. Any vehicle so removed from
the highway or any public lands, or from private property after
having been on a highway or public lands, shall not be released to
the registered owner or his or her agent, except upon presentation of
the registered owner's or his or her agent's currently valid driver'
s license to operate the vehicle and proof of current vehicle
registration, or upon order of a court.
(q) Whenever any vehicle is parked for more than 24 hours on a
portion of highway which is located within the boundaries of a common
interest development, as defined in subdivision (c) of Section 1351
of the Civil Code, and signs, as required by Section 22658.2, have
been posted on that portion of highway providing notice to drivers
that vehicles parked thereon for more than 24 hours will be removed
at the owner's expense, pursuant to a resolution or ordinance adopted
by the local authority.
(r) When any vehicle is illegally parked and blocks the movement
of a legally parked vehicle.
(s) (1) When any vehicle, except highway maintenance or
construction equipment, an authorized emergency vehicle, or a vehicle
which is properly permitted or otherwise authorized by the
Department of Transportation, is stopped, parked, or left standing
for more than eight hours within a roadside rest area or viewpoint.
(2) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
SEC. 18. Section 23198 of the Vehicle Code is repealed.
SEC. 18.1. Section 23198 is added to the Vehicle Code, to read:
23198. (a) (1) Upon its own motion or upon motion of the
prosecutor in a criminal action for a violation of any of the
following offenses, the court with jurisdiction over the offense,
notwithstanding Section 86 of the Code of Civil Procedure and any
other provision of law otherwise prescribing the jurisdiction of the
court based upon the value of the property involved, may declare the
motor vehicle driven by the defendant to be a nuisance if the
defendant is the registered owner of the vehicle:
(A) A violation of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code.
(B) A violation of Section 23152 which occurred within seven years
of two or more separate offenses of Section 191.5 of, or paragraph
(3) of subdivision (c) of Section 192 of, the Penal Code, or Section
23152 or 23153, or any combination thereof, which resulted in
convictions.
(C) A violation of Section 23153 which occurred within seven years
of one or more separate offenses of Section 191.5 of, or paragraph
(3) of subdivision (c) of Section 192 of, the Penal Code, or Section
23152 or 23153, which resulted in convictions.
(2) The court or the prosecutor shall give notice of the motion to
the defendant, and the court shall hold a hearing before a motor
vehicle may be declared a nuisance under this section.
(b) Except as provided in subdivision (g), upon the conviction of
the defendant and at the time of pronouncement of sentence, the court
with jurisdiction over the offense shall order any vehicle declared
to be a nuisance pursuant to subdivision (a) to be sold. Any vehicle
ordered to be sold pursuant to this subdivision shall be surrendered
to the sheriff of the county or the chief of police of the city in
which the violation occurred. The officer to whom the vehicle is
surrendered shall promptly ascertain from the department the names
and addresses of all legal and registered owners of the vehicle and,
within five days of receiving that information, shall send by
certified mail a notice to all legal and registered owners of the
vehicle other than the defendant, at the addresses obtained from the
department, informing them that the vehicle has been declared a
nuisance and will be sold or otherwise disposed of pursuant to this
section and of the approximate date and location of the sale or other
disposition. The notice shall also inform any legal owner of its
right to conduct the sale pursuant to subdivision (c).
(c) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed finance institution
legally operating in this state, or the agent of that legal owner,
may take possession and conduct the sale of the vehicle declared to
be a nuisance if it notifies the officer to whom the vehicle is
surrendered of its intent to conduct the sale within 15 days of the
mailing of the notice pursuant to subdivision (b). Sale of the
vehicle pursuant to this subdivision may be conducted at the time, in
the manner, and on the notice usually given for the sale of
repossessed or surrendered vehicles. The proceeds of any sale
conducted by the legal owner shall be disposed of as provided in
subdivision (e). A notice pursuant to this subdivision may be
presented in person, by certified mail, by facsimile transmission, or
by electronic mail. The agent of a legal owner acting pursuant to
this subdivision shall be licensed, or exempt from licensure,
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code.
(d) If the legal owner or the agent of the legal owner does not
notify the officer to whom the vehicle is surrendered of its intent
to conduct the sale as provided in subdivision (c), the officer shall
offer the vehicle for sale at public auction within 60 days of
receiving the vehicle. At least 10 days but not more than 20 days
prior to the sale, not counting the day of the sale, the officer
shall give notice of the sale by advertising once in a newspaper of
general circulation published in the city or county, as the case may
be, in which the vehicle is located, which notice shall contain a
description of the make, year, model, identification number, and
license number of the vehicle and the date, time, and location of the
sale. For motorcycles, the engine number shall also be included.
If there is no newspaper of general circulation published in the
county, notice shall be given by posting a notice of sale containing
the information required by this subdivision in three of the most
public places in the city or county in which the vehicle is located,
and at the place where the vehicle is to be sold, for 10 consecutive
days prior to and including the day of the sale.
(e) The proceeds of a sale conducted pursuant to this section
shall be disposed of in the following priority:
(1) To satisfy the costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of the sale,
including accrued interest or finance charges and delinquency
charges.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle to satisfy any indebtedness so secured if written
notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall reasonably furnish reasonable proof
of its interest and, unless it does so on request, is not entitled to
distribution pursuant to this paragraph.
(4) To any other person who can establish an interest in the
vehicle, including a community property interest, to the extent of
his or her provable interest.
(5) If the vehicle was forfeited as a result of a felony violation
of Section 191.5 of the Penal Code, or of Section 23153 that
resulted in serious bodily injury to any person other than the
defendant, the balance, if any, to the city or county in which the
violation occurred, to be deposited in its general fund.
(6) Except as provided in paragraph (5), the balance, if any, to
the city or county in which the violation occurred, to be expended
for community-based adolescent substance abuse treatment services.
The person conducting the sale shall disburse the proceeds of the
sale as provided in this subdivision, and provide a written
accounting regarding the disposition to all persons entitled to or
claiming a share of the proceeds, within 15 days after the sale is
conducted.
(f) If the vehicle to be sold under this section is not of the
type that can readily be sold to the public generally, the vehicle
shall be destroyed or donated to an eleemosynary institution.
(g) No vehicle shall be sold pursuant to this section in either of
the following circumstances:
(1) The vehicle is stolen, unless the identity of the legal and
registered owners of the vehicle cannot be reasonably ascertained.
(2) The vehicle is owned by another, or there is a community
property interest in the vehicle owned by a person other than the
defendant and the vehicle is the only vehicle available to the
defendant's immediate family that may be operated on the highway with
a class 3 or class 4 driver's license.
(h) The Legislature finds and declares it to be the public policy
of this state that no policy of insurance shall afford benefits that
would alleviate the financial detriment suffered by any person as a
direct or indirect result of a confiscation of a vehicle pursuant to
this section.
(i) This section shall remain in effect only until July 1, 1999,
and as of that date is repealed.
SEC. 18.4. Section 23157 of the Vehicle Code is amended and
renumbered to read:
23612. (a) (1) (A) Any person who drives a motor vehicle is
deemed to have given his or her consent to chemical testing of his or
her blood or breath for the purpose of determining the alcoholic
content of his or her blood, if lawfully arrested for any offense
allegedly committed in violation of Section 23140, 23152, or 23153.
If a blood or breath test, or both, are unavailable, then paragraph
(2) of subdivision (d) applies.
(B) Any person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for any offense allegedly committed in violation
of Section 23140, 23152, or 23153.
(C) The testing shall be incidental to a lawful arrest and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153.
(D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
seven years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code which resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense which occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the
refusal occurs within seven years of two or more separate violations
of Section 23103 as specified in Section 23103.5, or of Section
23140, 23152, or 23153, or of Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, or any combination
thereof, which resulted in convictions, or if the person's privilege
to operate a motor vehicle has been suspended or revoked two or more
times pursuant to Section 13353, 13353.1, or 13353.2 for offenses
which occurred on separate occasions, or if there is any combination
of those convictions or administrative suspensions or revocations.
(2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice. If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test. If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
(B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
(C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug and if the officer has a clear indication that
a blood or urine test will reveal evidence of the person being under
the influence. The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine. If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
(3) If the person is lawfully arrested for an offense
allegedly committed in violation of Section 23140, 23152, or 23153,
and, because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests which are available at the facility to which that person
has been transported. In that case, the officer shall advise the
person of those tests which are available at the medical facility and
that the person's choice is limited to those tests which are
available.
(4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.
(5) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle. Any person who is dead is deemed not to have withdrawn his
or her consent and a test or tests may be administered at the
direction of a peace officer.
(b) Any person who is afflicted with hemophilia is exempt from the
blood test required by this section.
(c) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test required by this section.
(d) (1) A person lawfully arrested for any offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
(2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood. If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
(e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person. The notice shall be on a form provided by the
department.
(f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of any driver's
license issued by this state which is held by the person. The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
(g) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 23158.2, to the department. If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory. The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.
(h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
(i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
The person's obligation to submit to a blood, breath, or urine
test, as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test. The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.
SEC. 19. Section 23160 of the Vehicle Code, as amended by Section
11 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
23536. (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 would interfere with the person'
s work schedule, the court shall allow the 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 paragraph (2) of subdivision (a) of
Section 23538, 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. 20. Section 23161 of the Vehicle Code, as amended by Section
12 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
23538. (a) Except as provided in subdivision (d), if the court
grants probation to any person punished under Section 23536, in
addition to the provisions of Section 23600 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).
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 and advise the person of
the following matters:
(A) If the person's privilege to operate a motor vehicle is
suspended under Section 13353.2, the court-ordered restriction does
not allow the person to operate a motor vehicle unless the suspension
under Section 13353.2 has either been served to completion or set
aside, and his or her license has been reinstated. The restriction
of the driver's license described in paragraph (2) shall commence
upon the reinstatement of the privilege to operate a motor vehicle.
(B) If a suspension was not imposed pursuant to Section 13353.2,
the person shall be advised by the court that the person's driving
privilege may be suspended by the department pursuant to subdivision
(c) of Section 13352.4 until proof of financial responsibility is
provided.
(b) 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 Section 11836 of the Health and Safety Code, in
the driver's county of residence or employment, as designated by the
court.
(1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
(2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least six months or
longer, as ordered by the court, in a licensed program that consists
of at least 45 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(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 (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
(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. 21. Section 23166 of the Vehicle Code, as amended by Section
13.5 of Chapter 756 of the Statutes of 1998, is amended and
renumbered to read:
23542. If the court grants probation to any person punished under
Section 23540, in addition to the provisions of Section 23600 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 96 hours, but not
more than one year. A sentence of 96 hours of confinement shall be
served in two increments consisting of a continuous 48 hours each.
The two 48-hour increments may be served nonconsecutively.
(2) Pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000).
(3) Have the privilege to operate a motor vehicle be restricted by
the Department of Motor Vehicles pursuant to Section 13352.5. Until
all conditions prescribed in this section are met, the person's
driving privilege is suspended pursuant to paragraph (3) of
subdivision (a) of Section 13352. This paragraph does not apply if
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 Section 11836 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 Section 11836 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.
SEC. 22. Section 23186 of the Vehicle Code, as amended by Section
15 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
23562 If the court grants probation to any person punished under
Section 23560, in addition to the provisions of Section 23600 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 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) Have the privilege to operate a motor vehicle revoked by the
Department of Motor Vehicles under paragraph (4) of subdivision (a)
of Section 13352.
(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 Section 11836 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 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 Section 11836 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.
SEC. 23. Section 23203 of the Vehicle Code, as amended by Section
17 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
23662. If a person is placed on probation, 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. 24. Section 23204 of the Vehicle Code, as amended by Section
19 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
23660. 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 described in Article 2 (commencing with
Section 23152) of Chapter 12 of Division 11, that person shall
surrender each and every operator's license of that person to the
court upon conviction. 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. 25. Section 23235 of the Vehicle Code, as amended by Section
19 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
13386. (a) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
(b) The department 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 ignition interlock 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 in carrying
out this section.
(e) The department 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 "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation. This shall include the 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.
(2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement. Copies shall be provided for the manufacturer or the
manufacturer's agent.
(3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the 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 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 the applicant's ability to
pay.
SEC. 26. The heading of Article 4.5 (commencing with Section
23246) of Chapter 12 of Division 11 of the Vehicle Code is repealed.
SEC. 27. Section 23246 of the Vehicle Code, as amended by Section
21 of Chapter 756 of the Statutes of 1998, is amended and renumbered
to read:
23575. (a) (1) 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.
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
device restriction, the term shall be determined by the court for a
period not to exceed three years.
(2) 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.
(b) 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 and term 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.
(c) 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.
(d) Any person whose driving privilege is restricted by the court
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 and
monitor the operation of the device. The installer shall notify the
court if the device indicates that the person has attempted to
remove, 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. There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of
any ignition interlock device restriction ordered pursuant to
subdivision (a) or (l). 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, if any person is convicted of a
violation of Section 23152 or 23153, and the offense occurred within
seven years of one or more separate violations of Section 23152 or
23153 that resulted in a conviction, the 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 13386. 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) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 and shall immediately suspend or revoke the privilege
to operate a motor vehicle of any person who attempts to remove,
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 ordered pursuant to Section 13352. The
privilege shall remain suspended or revoked for the remaining period
of the originating suspension or revocation and until all
reinstatement requirements in Section 13352 are met.
(g) Any person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 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 Department of Motor Vehicles if the
device indicates that the person has attempted to remove, 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. 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 section.
(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 this section, out-of-state residents who otherwise
would qualify for an ignition interlock device 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,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device for any persons to whom
subdivision (a) or (b) does not apply.
(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. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(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. 28. Section 23247 of the Vehicle Code, as amended by Section
22 of Chapter 756 of the Statutes of 1998, 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
23575, unless the vehicle is equipped with a functioning, certified
ignition interlock device. Any person, whose driving privilege is
restricted pursuant to Section 13352 or 23575 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 23575 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 23575.
(d) It is unlawful to remove, bypass, or tamper with, an ignition
interlock device.
(e) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352 or 23575 to operate any vehicle
not equipped with a functioning ignition interlock device.
(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) (1) If any person whose driving privilege is restricted
pursuant to Section 13352 is convicted of a violation of subdivision
(e), the court shall notify the Department of Motor Vehicles, which
shall immediately terminate the restriction and shall suspend or
revoke the person's driving privilege for the remaining period of the
originating suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(2) If any person who is restricted pursuant to subdivision (a) or
(l) of Section 23575 is convicted of a violation of subdivision (e),
the department shall suspend the person's driving privilege for one
year from the date of the conviction.
(h) Notwithstanding any other provision of law, if a vehicle in
which an ignition interlock device has been installed is impounded,
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. 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. 29. Section 23249.52 of the Vehicle Code is amended and
renumbered to read:
23646. (a) Each county shall develop, implement, operate, and
administer an alcohol and drug problem assessment program pursuant to
this article for each person described in subdivision (b). The
alcohol and drug problem assessment program may include a referral
and client tracking component.
(b) (1) The court shall order a person to participate in an
alcohol and drug problem assessment program pursuant to this section
and Sections 23647 to 23649, inclusive, and the related regulations
of the State Department of Alcohol and Drug Programs, if the person
was convicted of a violation of Section 23152 or 23153 that occurred
within seven years of a separate violation of Section 23152 or 23153
and resulted in a conviction, the person was required to attend a
licensed program pursuant to a court order, and the person has once
failed to comply with the rules and policies of the licensed program,
other than a rule relating to the payment of fees, in accordance
with the rules and regulations of the state department.
(2) A court may order any person convicted of a violation of
Section 23152 or 23153 to attend an alcohol and drug problem
assessment program pursuant to this article.
(c) The State Department of Alcohol and Drug Programs shall
establish minimum specifications for alcohol and other drug problem
assessments and reports not later than September 30, 1999.
SEC. 30. Section 23249.53 of the Vehicle Code is amended and
renumbered to read:
23647. (a) Any person convicted of a violation of Section 23152
or 23153 who is required to participate in a county alcohol and drug
problem assessment program shall participate in that program.
(b) Any person convicted of a violation of Section 23103, as
specified in Section 23103.5, in a judicial district that
participates in a county alcohol and drug problem assessment program
pursuant to this article, may be ordered to participate in the
program.
SEC. 31. Section 23249.54 of the Vehicle Code, as amended by
Section 6 of Chapter 656 of the Statutes of 1998, is amended and
renumbered to read:
23648. (a) An alcohol and drug problem assessment report shall be
made on each person who participates in the program. The report may
be used to determine the appropriate sentence for any person
convicted of a violation of Section 23103, as specified in Section
23103.5, or Section 23152, or 23153.
(b) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 32. Section 23249.54 of the Vehicle Code, as added by Section
7 of Chapter 656 of the Statutes of 1998, is amended and renumbered
to read:
23648. (a) Each county shall prepare, or contract to be prepared,
an alcohol and drug problem assessment report on each person
described in subdivision (b) of Section 23646.
(b) The assessment report shall include, if applicable, a
recommendation for any additional treatment and the duration of the
treatment. The treatment shall be in addition to the education and
counseling program required under Section 11837 of the Health and
Safety Code. The assessment report shall be submitted to the court
not more than 14 days after the date the assessment was conducted.
(c) Within 30 days of the receipt of the report, the court shall
order the person to complete the recommendations set forth in the
report in satisfaction of, and consistent with, the terms and
conditions of probation. If the court elects not to order the
completion of the recommended plan, the court shall specify on the
record its reason for not adopting these recommendations.
(d) This section shall become operative on January 1, 2000.
SEC. 33. Section 23249.55 of the Vehicle Code is amended and
renumbered to read:
23649. (a) Notwithstanding any other provision of law, in
addition to any other fine or penalty assessment, there shall be
levied an assessment of not more than one hundred dollars ($100) upon
every fine, penalty, or forfeiture imposed and collected by the
courts for a violation of Section 23152 or 23153 in any judicial
district that participates in a county alcohol and drug problem
assessment program. An assessment of not more than one hundred
dollars ($100) shall be imposed and collected by the courts from each
person convicted of a violation of Section 23103, as specified in
Section 23103.5, who is ordered to participate in a county alcohol
and drug problem assessment program pursuant to Section 23647.
(b) The court shall determine if the defendant has the ability to
pay the assessment. If the court determines that the defendant has
the ability to pay the assessment then the court may set the amount
to be reimbursed and order the defendant to pay that sum to the
county in the manner that the court determines is reasonable and
compatible with the defendant's financial ability. In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
restitution.
(c) Notwithstanding Section 1463 or 1464 of the Penal Code or any
other provision of law, all moneys collected pursuant to this section
shall be deposited in a special account in the county treasury and
shall be used exclusively to pay for the costs of developing,
implementing, operating, maintaining, and evaluating alcohol and drug
problem assessment programs.
(d) On January 15 of each year, the treasurer of each county that
administers an alcohol and drug problem assessment program shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys to
the general fund of the county.
(e) Any moneys remaining in the special account, if and when the
alcohol and drug problem assessment program is terminated, shall be
transferred to the general fund of the county.
(f) The county treasurer shall annually transfer an amount of
money equal to the county's administrative cost incurred pursuant to
this section, as he or she shall determine, from the special account
to the general fund of the county.
SEC. 34. Section 23546 of the Vehicle Code is amended to read:
23546. (a) If any person is convicted of a violation of Section
23152 and the offense occurred within seven years of two separate
violations of Section 23103, as specified in Section 23103.5, which
occurred on or after January 1, 1982, 23152, or 23153, or any
combination thereof, which resulted in convictions, that person shall
be punished by imprisonment in the county jail for not less than 120
days nor more than one year and by a fine of not less than three
hundred ninety dollars ($390) nor more than one thousand dollars
($1,000). The person's privilege to operate a motor vehicle shall be
revoked as required in paragraph (5) of subdivision (a) of Section
13352. The court shall require the person to surrender his or her
driver's license to the court in accordance with Section 13550.
(b) Any person convicted of a violation of Section 23152
punishable under this section shall be designated as an habitual
traffic offender for a period of three years, subsequent to the
conviction. The person shall be advised of this designation pursuant
to subdivision (b) of Section 13350.
SEC. 34.2. Section 23550 of the Vehicle Code is amended to read:
23550. (a) If any person is convicted of a violation of Section
23152 and the offense occurred within seven years of three or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination thereof, which
resulted in convictions, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 180 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than one thousand
dollars ($1,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (7) of subdivision (a) of Section 13352.
(b) Any person convicted of a violation of Section 23152
punishable under this section shall be designated as an habitual
traffic offender for a period of three years, subsequent to the
conviction. The person shall be advised of this designation pursuant
to subdivision (b) of Section 13350.
SEC. 34.6. Section 23550.5 of the Vehicle Code is amended to read:
23550.5. (a) A person is guilty of a public offense, punishable
by imprisonment in the state prison or in a county jail for not more
than one year and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000) if that
person is convicted of a violation of Section 23152 or 23153, and the
offense occurred within 10 years of any of the following:
(1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both.
(2) A prior violation of Section 23153 that was punished as a
felony.
(3) A prior violation that was punished as a felony under Section
191.5 of, or paragraph (1) or (3) of subdivision (c) of Section 192
of, the Penal Code. The person's privilege to operate a motor
vehicle shall be revoked by the Department of Motor Vehicles under
paragraph (7) of subdivision (a) of Section 13352.
(b) Any person convicted of a violation of Section 23152 that is
punishable under this section shall be designated an habitual traffic
offender for a period of three years, subsequent to the conviction.
The person shall be advised of this designation under subdivision
(b) of Section 13350.
SEC. 35. Section 23522 of the Vehicle Code is repealed.
SEC. 35.2. Section 23524 of the Vehicle Code is repealed.
SEC. 35.7. Section 23552 of the Vehicle Code is amended to read:
23552. (a) If the court grants probation to any person punished
under Section 23550, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in a county jail for at least 180 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 revoked by the Department of Motor
Vehicles pursuant to paragraph (7) of subdivision (a) of Section
13352.
(b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction 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. In lieu of the minimum term of imprisonment
in subdivision (a), the court shall impose as a condition of
probation under this subdivision that the person be confined in the
county jail for at least 30 days but not more than one year. The
court shall not order the treatment prescribed by this subdivision
unless the person makes a specific request and shows good cause for
the order, whether or not the person has previously completed a
treatment program pursuant to paragraph (4) of subdivision (b) of
Section 23542 or paragraph (4) of subdivision (b) of Section 23562.
A person ordered to treatment pursuant to this subdivision 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 subdivision is
a basis for reducing any other probation requirement in this section
or Section 23600 or for avoiding the mandatory license revocation
provisions of paragraph (7) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23550 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in, and complete, a program under
subdivision (b), the court shall impose as a condition of probation
that the person, subsequent to the date of the current violation,
enroll in and participate, for at least 18 months 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 program activities completed prior to, the date of the
current violation. Any person who has previously completed a
12-month or 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 shall not be eligible for referral pursuant to
this subdivision unless a 30-month licensed program is not available
for referral in the county of the person's residence or employment.
No condition of probation required pursuant to this subdivision is a
basis for reducing any other probation requirement in this section
or Section 23600 or for avoiding the mandatory license revocation
provisions of paragraph (7) of subdivision (a) of Section 13352.
SEC. 36. Section 23566 of the Vehicle Code is amended to read:
23566. (a) If any person is convicted of a violation of Section
23153 and the offense occurred within seven years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, which resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor 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
(6) of subdivision (a) of Section 13352.
(b) If any person is convicted of a violation of Section 23153,
and the act or neglect proximately causes great bodily injury, as
defined in Section 12022.7 of the Penal Code, to any person other
than the driver, and the offense occurred within seven years of two
or more separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, which resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor 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
(6) of subdivision (a) of Section 13352.
(c) If any person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within seven years
of four or more separate violations of Section 23103, as specified
in Section 23103.5, or Section 23152 or 23153, or any combination of
these violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
(d) Any person convicted of Section 23153 punishable under this
section shall be designated as an habitual traffic offender for a
period of three years, subsequent to the conviction. The person
shall be advised of this designation pursuant to subdivision (b) of
Section 13350.
(e) Any person confined in state prison under this section shall
be ordered by the court to participate in an alcohol or drug program,
or both, that is available at the prison during the person's
confinement. Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(6) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Chapter 9 (commencing with Section 11836)
of Part 2 of Division 10.5 of the Health and Safety Code, or is a
program specified in Section 8001 of the Penal Code.
SEC. 37. Section 23568 of the Vehicle Code is amended to read:
23568. (a) If the court grants probation to any person punished
under Section 23566, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least one year, that the person pay a fine
of at least three hundred ninety dollars ($390) but not more than
five thousand dollars ($5,000), and that the person make restitution
or reparation pursuant to Section 1203.1 of the Penal Code. The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (6) of
subdivision (a) of Section 13352.
(b) In addition to Section 23600 and subdivision (a), if the court
grants probation to any person punished under Section 23566, the
court shall impose as a condition of probation that the person enroll
in and complete, subsequent to the date of the underlying violation
and in a manner satisfactory to the court, 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, 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. In lieu of the minimum term of imprisonment in
subdivision (a), the court shall impose as a minimum condition of
probation under this subdivision that the person be confined in the
county jail for at least 30 days but not more than one year. Except
as provided in this subdivision, if the court grants probation under
this section, the court shall order the treatment prescribed by this
subdivision, whether or not the person has previously completed a
treatment program pursuant to paragraph (4) of subdivision (b) of
Section 23542 or paragraph (4) of subdivision (b) of Section 23562.
A person ordered to treatment pursuant to this subdivision 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 subdivision is
a basis for reducing any other probation requirement in this section
or Section 23600 or for avoiding the mandatory license revocation
provisions of paragraph (6) of subdivision (a) of Section 13352.
SEC. 38. Section 23572 of the Vehicle Code is amended to read:
23572. (a) If any person is convicted of a violation of Section
23152 and a minor under 14 years of age was a passenger in the
vehicle at the time of the offense, the court shall impose the
following penalties in addition to any other penalty prescribed:
(1) If the person is convicted of a violation of Section 23152
punishable under Section 23536, the punishment shall be enhanced by
an imprisonment of 48 continuous hours in the county jail, whether or
not probation is granted, no part of which shall be stayed.
(2) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be enhanced by
an imprisonment of 10 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(3) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be enhanced by
an imprisonment of 30 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(4) If a person is convicted of a violation of Section 23152 which
is punished as a misdemeanor under Section 23550, the punishment
shall be enhanced by an imprisonment of 90 days in the
county jail, whether or not probation is
granted, no part of which may be stayed.
(b) The driving of a vehicle in which a minor under 14 years of
age was a passenger shall be pled and proven.
(c) No punishment enhancement shall be imposed pursuant to this
section if the person is also convicted of a violation of Section
273a of the Penal Code arising out of the same facts and incident.
SEC. 39. Section 23577 of the Vehicle Code is amended to read:
23577. (a) If any person is convicted of a violation of Section
23152 or 23153, and at the time of the arrest leading to that
conviction that person willfully refused a peace officer's request to
submit to, or willfully failed to complete, the chemical test or
tests pursuant to Section 23612, the court shall impose the following
penalties:
(1) If the person is convicted of a first violation of Section
23152, notwithstanding any other provision of subdivision (a) of
Section 23538, the terms and conditions of probation shall include
the conditions in paragraph (1) of subdivision (a) of Section 23538.
(2) If the person is convicted of a first violation of Section
23153, the punishment shall be enhanced by an imprisonment of 48
continuous hours in the county jail, whether or not probation is
granted and no part of which may be stayed, unless the person is
sentenced to, and incarcerated in, the state prison and the execution
of that sentence is not stayed.
(3) If the person is convicted of a second violation of Section
23152, punishable under Section 23540, or a second violation of
Section 23153, punishable under Section 23560, the punishment shall
be enhanced by an imprisonment of 96 hours in the county jail,
whether or not probation is granted and no part of which may be
stayed, unless the person is sentenced to, and incarcerated in, the
state prison and execution of that sentence is not stayed.
(4) If the person is convicted of a third violation of Section
23152, punishable under Section 23546, the punishment shall be
enhanced by an imprisonment of 10 days in the county jail, whether or
not probation is granted and no part of which may be stayed.
(5) If the person is convicted of a fourth or subsequent violation
of Section 23152, punishable under Section 23550 or 23550.5, the
punishment shall be enhanced by imprisonment of 18 days in the county
jail, whether or not probation is granted and no part of which may
be stayed.
(b) The willful refusal or failure to complete the chemical test
required pursuant to Section 23612 shall be pled and proven.
SEC. 40. Section 23590 of the Vehicle Code is repealed.
SEC. 40.2. Section 23596 of the Vehicle Code is repealed.
SEC. 40.4. Section 23596 is added to the Vehicle Code, to read:
23596. (a) (1) Upon its own motion or upon motion of the
prosecutor in a criminal action for a violation of any of the
following offenses, the court with jurisdiction over the offense,
notwithstanding Section 86 of the Code of Civil Procedure and any
other provision of law otherwise prescribing the jurisdiction of the
court based upon the value of the property involved, may declare the
motor vehicle driven by the defendant to be a nuisance if the
defendant is the registered owner of the vehicle:
(A) A violation of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code.
(B) A violation of Section 23152 which occurred within seven years
of two or more separate offenses of Section 191.5 of, or paragraph
(3) of subdivision (c) of Section 192 of, the Penal Code, or Section
23152 or 23153, or any combination thereof, which resulted in
convictions.
(C) A violation of Section 23153 which occurred within seven years
of one or more separate offenses of Section 191.5 of, or paragraph
(3) of subdivision (c) of Section 192 of, the Penal Code, or Section
23152 or 23153, which resulted in convictions.
(2) The court or the prosecutor shall give notice of the motion to
the defendant, and the court shall hold a hearing before a motor
vehicle may be declared a nuisance under this section.
(b) Except as provided in subdivision (g), upon the conviction of
the defendant and at the time of pronouncement of sentence, the court
with jurisdiction over the offense shall order any vehicle declared
to be a nuisance pursuant to subdivision (a) to be sold. Any vehicle
ordered to be sold pursuant to this subdivision shall be surrendered
to the sheriff of the county or the chief of police of the city in
which the violation occurred. The officer to whom the vehicle is
surrendered shall promptly ascertain from the department the names
and addresses of all legal and registered owners of the vehicle and,
within five days of receiving that information, shall send by
certified mail a notice to all legal and registered owners of the
vehicle other than the defendant, at the addresses obtained from the
department, informing them that the vehicle has been declared a
nuisance and will be sold or otherwise disposed of pursuant to this
section and of the approximate date and location of the sale or other
disposition. The notice shall also inform any legal owner of its
right to conduct the sale pursuant to subdivision (c).
(c) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed finance institution
legally operating in this state, or the agent of that legal owner,
may take possession and conduct the sale of the vehicle declared to
be a nuisance if it notifies the officer to whom the vehicle is
surrendered of its intent to conduct the sale within 15 days of the
mailing of the notice pursuant to subdivision (b). Sale of the
vehicle pursuant to this subdivision may be conducted at the time, in
the manner, and on the notice usually given for the sale of
repossessed or surrendered vehicles. The proceeds of any sale
conducted by the legal owner shall be disposed of as provided in
subdivision (e). A notice pursuant to this subdivision may be
presented in person, by certified mail, by facsimile transmission, or
by electronic mail. The agent of a legal owner acting pursuant to
this subdivision shall be licensed, or exempt from licensure,
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code.
(d) If the legal owner or the agent of the legal owner does not
notify the officer to whom the vehicle is surrendered of its intent
to conduct the sale as provided in subdivision (c), the officer shall
offer the vehicle for sale at public auction within 60 days of
receiving the vehicle. At least 10 days but not more than 20 days
prior to the sale, not counting the day of the sale, the officer
shall give notice of the sale by advertising once in a newspaper of
general circulation published in the city or county, as the case may
be, in which the vehicle is located, which notice shall contain a
description of the make, year, model, identification number, and
license number of the vehicle and the date, time, and location of the
sale. For motorcycles, the engine number shall also be included.
If there is no newspaper of general circulation published in the
county, notice shall be given by posting a notice of sale containing
the information required by this subdivision in three of the most
public places in the city or county in which the vehicle is located,
and at the place where the vehicle is to be sold, for 10 consecutive
days prior to and including the day of the sale.
(e) The proceeds of a sale conducted pursuant to this section
shall be disposed of in the following priority:
(1) To satisfy the costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of the sale,
including accrued interest or finance charges and delinquency
charges.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle to satisfy any indebtedness so secured if written
notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall reasonably furnish reasonable proof
of its interest and, unless it does so on request, is not entitled to
distribution pursuant to this paragraph.
(4) To any other person who can establish an interest in the
vehicle, including a community property interest, to the extent of
his or her provable interest.
(5) If the vehicle was forfeited as a result of a felony violation
of Section 191.5 of the Penal Code, or of Section 23153 that
resulted in serious bodily injury to any person other than the
defendant, the balance, if any, to the city or county in which the
violation occurred, to be deposited in its general fund.
(6) Except as provided in paragraph (5), the balance, if any, to
the city or county in which the violation occurred, to be expended
for community-based adolescent substance abuse treatment services.
The person conducting the sale shall disburse the proceeds of the
sale as provided in this subdivision, and provide a written
accounting regarding the disposition to all persons entitled to or
claiming a share of the proceeds, within 15 days after the sale is
conducted.
(f) If the vehicle to be sold under this section is not of the
type that can readily be sold to the public generally, the vehicle
shall be destroyed or donated to an eleemosynary institution.
(g) No vehicle shall be sold pursuant to this section in either of
the following circumstances:
(1) The vehicle is stolen, unless the identity of the legal and
registered owners of the vehicle cannot be reasonably ascertained.
(2) The vehicle is owned by another, or there is a community
property interest in the vehicle owned by a person other than the
defendant and the vehicle is the only vehicle available to the
defendant's immediate family that may be operated on the highway with
a class 3 or class 4 driver's license.
(h) The Legislature finds and declares it to be the public policy
of this state that no policy of insurance shall afford benefits that
would alleviate the financial detriment suffered by any person as a
direct or indirect result of a confiscation of a vehicle pursuant to
this section.
SEC. 40.6. Section 23600 of the Vehicle Code is amended to read:
23600. (a) If any person is convicted of a violation of Section
23152 or 23153, the court shall not stay or suspend pronouncement of
sentencing, and shall pronounce sentence in conjunction with the
conviction in a reasonable time, including time for receipt of any
presentence investigation report ordered pursuant to Section 23655.
(b) If any person is convicted of a violation of Section 23152 or
23153 and is granted probation, the terms and conditions of probation
shall include, but not be limited to, the following:
(1) Notwithstanding Section 1203a of the Penal Code, a period of
probation not less than three nor more than five years; provided,
however, that if the maximum sentence provided for the offense may
exceed five years in the state prison, the period during which the
sentence may be suspended and terms of probation enforced may be for
a longer period than three years but may not exceed the maximum time
for which sentence of imprisonment may be pronounced.
(2) A requirement that the person shall not drive a vehicle with
any measurable amount of alcohol in his or her blood.
(3) A requirement that the person, if arrested for a violation of
Section 23152 or 23153, shall not refuse to submit to a chemical test
of his or her blood, breath, or urine, pursuant to Section 23612,
for the purpose of determining the alcoholic content of his or her
blood.
(4) A requirement that the person shall not commit any criminal
offense.
(c) The court shall not absolve a person who is convicted of a
violation of Section 23152 or 23153 from the obligation of spending
the minimum time in confinement, if any, or of paying the minimum
fine imposed by law.
(d) In addition to any other provision of law, if any person
violates paragraph (2) or (3) of subdivision (b) and the person had a
blood alcohol concentration of over 0.04 percent as determined by a
chemical test, the court shall revoke or terminate the person's
probation as provided by Section 23602, regardless of any other
proceeding, and shall only grant a new term of probation of not more
than five years on the added condition that the person be confined in
the county jail for not less than 48 hours for each of these
violations of probation, except in unusual cases where the interests
of justice would best be served if this additional condition were not
imposed.
SEC. 41. Section 23602 of the Vehicle Code is amended to read:
23602. Except as otherwise expressly provided in this code, if a
person has been convicted of a violation of Section 23152 or 23153
and the court has suspended execution of the sentence for that
conviction and has granted probation, and during the time of that
probation, the person is found by the court to have violated a
required term or condition of that probation, the court shall revoke
the suspension of sentence, revoke or terminate probation, and shall
proceed in the manner provided in subdivision (c) of Section 1203.2
of the Penal Code.
SEC. 42. Section 23640 of the Vehicle Code is amended to read:
23640. (a) In any case in which a person is charged with a
violation of Section 23152 or 23153, prior to acquittal or
conviction, the court shall neither suspend nor stay the proceedings
for the purpose of allowing the accused person to attend or
participate, nor shall the court consider dismissal of or entertain a
motion to dismiss the proceedings because the accused person attends
or participates during that suspension, in any one or more
education, training, or treatment programs, including, but not
limited to, a driver improvement program, a treatment program for
persons who are habitual users of alcohol or other alcoholism
program, a program designed to offer alcohol services to problem
drinkers, an alcohol or drug education program, or a treatment
program for persons who are habitual users of drugs or other
drug-related program.
(b) This section shall not apply to any attendance or
participation in any education, training, or treatment programs after
conviction and sentencing, including attendance or participation in
any of those programs as a condition of probation granted after
conviction when permitted.
SEC. 43. Section 23650 of the Vehicle Code is amended to read:
23650. The Office of Traffic Safety shall adopt rules and
guidelines to implement Sections 23646 to 23649, inclusive.
SEC. 44. Section 23655 of the Vehicle Code is amended to read:
23655. (a) Upon any conviction of a violation of Section 23152 or
23153, any judge of the court may order a presentence investigation
to determine whether a person convicted of the violation would
benefit from one or more education, training, or treatment programs,
and the court may order suitable education, training, or treatment
for the person, in addition to imposing any penalties required by
this code.
(b) In determining whether to require, as a condition of
probation, the participation in a program pursuant to subdivision (b)
of Section 23538, subdivision (b) of Section 23542, subdivision (b)
of Section 23548, subdivision (b) of Section 23552, subdivision (b)
of Section 23556, subdivision (b) of Section 23562, or subdivision
(b) of Section 23568, the court may consider any relevant information
about the person made available pursuant to a presentence
investigation, which is permitted but not required by subdivision
(a), or other screening procedure. That information shall not be
furnished to the court by any person who also provides services in a
privately operated, approved program or who has any direct interest
in a privately operated, approved 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 an approved program.
(c) The Judicial Council shall adopt a standard form for use by
all courts, defendants, and alcohol or drug education programs in
certifying to the court that the person has achieved both of the
following:
(1) Enrolled within the specified time period.
(2) Successfully completed any program required by Section 23538
or 23556.
SEC. 45. Section 23665 of the Vehicle Code is amended to read:
23665. If any person is convicted of a violation of Section
20001, or of Section 23152 or 23153 and is sentenced to one year in a
county jail or more than one year in the state prison under Section
23540, 23542, 23546, 23548, 23550, 23552, 23554, 23556, 23558, 23560,
23562, 23566, or 23568, the court may postpone the revocation or
suspension of the person's driving privilege until the term of
imprisonment is served.
SEC. 46. Except for Sections 4, 6, 17, 18, 18.1, and 40.2 of this
act, which sections shall become operative on the effective date of
this act, this act shall become operative on July 1, 1999.
SEC. 47. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
SEC. 48. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide, at the earliest possible time, for the
orderly implementation of Chapter 118 of the Statutes of 1998,
providing for the reorganization of the statutes governing driving
while under the influence, for the orderly implementation of Chapters
582, 656, 661, and 756 of the Statutes of 1998, relating to those
statutes, and to enact related and conforming provisions, it is
necessary that this act take effect immediately.