SENATE BILL No. 177
Introduced by Senator Migden
(Principal coauthor: Assembly Member Spitzer)
(Coauthors: Senators Maldonado and Scott)
(Coauthor: Assembly Member Lieu Coauthors: Assembly Members
Adams, Benoit, Blakeslee, Cook, DeSaulnier, DeVore, Duvall,
Emmerson, Gaines, Galgiani, Horton, Jeffries, La Malfa, Lieu, Maze,
Nakanishi, Parra, Plescia, Sharon Runner, Strickland, and Villines)
February 5, 2007
An act to amend Sections 13352, 14602.6, and 23575 of 13350,
13352, 13352.4, 13352.5, 13353.3, 13353.5, 13353.7, 23247, 23502,
23536, 23538, 23546, 23548, 23550.5, 23575, and 23576 of, to amend,
renumber, and add Section 13352.6 of, to add Sections 13352.7,
13352.8, 13352.81, 13352.82, 13352.85, 13353.71, 13353.72, 13353.73,
and 23575.5 to, and to repeal Section 13352.1 of, the Vehicle Code,
relating to vehicles.
legislative counsel’s digest
SB 177, as amended, Migden. Driver’s license: DUI: ignition
interlock.
(1) Existing law requires a person’s privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if the
person has been convicted of violating specified provisions prohibiting
driving a motor vehicle while under the influence of an alcoholic
beverage or drug or the combined influence of an alcoholic beverage
or drug, or with 0.08% or more, by weight, of alcohol in his or her
blood or who is addicted to the use of any drug. The time for which the
privilege is suspended depends on specified circumstances, including
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prior convictions of driving under the influence offenses within a
specified time period. Existing law authorizes a person whose privilege
is suspended or revoked in that manner to receive a restricted driver’s
license if specified requirements are met, including, in some instances,
the installation of an ignition interlock device on the person’s vehicle.
This bill would revise and recast those suspension, revocation, and
restriction provisions, including, but not limited to, by increasing the
periods of suspensions or revocations and imposing ignition interlock
device requirements on a person whose license is suspended or revoked
or applies for and receives a restricted driver’s license.
(2) Existing law requires the Department of Motor Vehicles to
immediately administratively suspend the privilege of a person to
operate a motor vehicle if the person was driving a motor vehicle when
he or she had 0.08% or more, by weight, of alcohol in his or her blood.
Existing law specifies the period of that suspension depending on
specified circumstances, including prior convictions of related offenses
within a specified time period. Existing law authorizes a person whose
privilege was suspended in that manner to receive a restricted driver’s
license if specified requirements are met.
The bill would revise and recast those provisions, including by
authorizing restricted licenses in additional circumstances and imposing
additional requirements with respect to ignition interlock devices on
those restricted licenses.
(3) The bill would establish the Ignition Interlock Device Assistance
Fund in the State Treasury. The money in the fund would be available,
upon appropriation, to fund the installation of ignition interlock devices.
The bill would require a person who is convicted of specified driving
under the influence offenses to pay a fee of $100 to be deposited in the
fund.
The bill would require the Director of Motor Vehicles to establish
standards and criteria for implementing and maintaining an ignition
interlock device assistance program.
(4) The bill would make numerous technical and conforming changes.
(5) Because it is a crime to operate a vehicle that is not equipped
with a functioning, certified interlock device by a person whose driving
privilege is so restricted, the bill would impose a state-mandated local
program, by expanding the scope of that crime.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
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Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
(1) Existing law authorizes a court to require a person convicted of
a first offense violation of specified provisions prohibiting driving a
motor vehicle while under the influence of alcohol or any drug or a
combination of alcohol and any drug (DUI) to install a certified ignition
interlock device on any vehicle that the person owns or operates and to
prohibit that person from operating a motor vehicle unless it is so
equipped.
This bill would require the court to require that a person convicted
of a DUI offense to install a certified ignition interlock device on each
vehicle that the person owns or operates and to prohibit that person
from operating a motor vehicle unless that vehicle is so equipped.
Because it is a crime to operate a vehicle that is not equipped with a
functioning, certified interlock device by a person whose driving
privilege is so restricted, this bill would impose a state-mandated local
program by expanding the scope of that crime.
(2) Existing law allows a peace officer in conjunction with an
immediate arrest to cause the removal and seizure of a motor vehicle
when a person is driving a motor vehicle while his or her driving
privilege is suspended or revoked, when driving a vehicle while his or
her driving privilege is restricted to the operation of a motor vehicle
that is equipped with a functioning ignition interlock device and the
vehicle is not so equipped, and when driving without ever having been
issued a driver’s license.
This bill would specify that for the purposes of the removal and
seizure of a motor vehicle, an immediate arrest includes the issuance
of a notice to appear.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
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SECTION 1. Section 13350 of the Vehicle Code is amended to
read:
13350. (a) The department immediately shall revoke the
privilege of any a person to drive a motor vehicle upon receipt of
a duly certified abstract of the record of any a 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 a person to stop or otherwise
comply with Section 20001.
(2) Any A 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 23550.5 or 23566,
including a violation of paragraph (3) of subdivision (c) (b) of
Section 192 191.5 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 or suspension required by
paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and
an acknowledgment of his or her designation as a 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. 2. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or
revoke the privilege of a person to operate a motor vehicle upon
the receipt of an abstract of the record of a court showing that the
person has been convicted of a violation of Section 23152 or 23153
or subdivision (a) of Section 23109, or upon the receipt of a report
of a judge of the juvenile court, a juvenile traffic hearing officer,
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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 an 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) Except as required under Section 13352.1 or Section
13352.4, 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 one year.
The privilege may shall not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code described in subdivision (b)
of Section 23538. If the court, as authorized under paragraph (3)
of subdivision (b) of Section 23646, elects to order a person to
enroll, participate, and complete either program described in
paragraph (4) of subdivision (b) of Section 23542, the department
shall require that program in lieu of the program described in
subdivision (b) of Section 23538. For the purposes of this
paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may shall not be given to any for program
activities completed prior to the date of the current violation.
(2) Upon Except as required under Section 13352.8, 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 two years. The privilege may shall not be reinstated
until the person gives proof of financial responsibility and gives
proof satisfactory to the department of successful completion of
a driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision
(b) of Section 23556. If the court, as authorized under paragraph
(3) of subdivision (b) of Section 23646, elects to order a person
to enroll, participate, and complete either program described in
paragraph (4) of subdivision (b) of Section 23542, the department
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shall require that program in lieu of the program described in
Section 23556. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit may shall
not be given to any for program activities completed prior to the
date of the current violation.
(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 three years. The
privilege may shall not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision
(b) of 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. Credit shall
not be given to any for 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, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, 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
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) Proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment.
(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.
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(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 required under Section
13352.81, upon a conviction or finding of a violation of Section
23153 punishable under Section 23560, the privilege shall be
revoked suspended for a period of three four years. The privilege
may shall not be reinstated until the person gives proof of financial
responsibility, and the person gives proof satisfactory to the
department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision
(b) of 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. Credit shall
not be given to any for program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, 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
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment, 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.
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(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 required under Section
13352.6, upon a conviction or finding of a violation of Section
23152 punishable under Section 23546, the privilege shall be
revoked suspended for a period of three five years. The privilege
may shall not be reinstated until the person files proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of one of the following programs: an
18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person’s residence or employment, a 30-month
driving-under-the-influence 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. Credit shall
not be given to any for 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 revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, 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
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment, and the person agrees, as
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a condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence 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) An 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
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence 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 required under Section
13352.82, upon a conviction or finding of a violation of Section
23153 punishable under Section 23550.5 or 23566, the privilege
shall be revoked suspended for a period of five seven years. The
privilege may shall not be reinstated until the person gives proof
of financial responsibility and proof satisfactory to the department
of successful completion of one of the following programs: an
18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person’s residence or employment, a 30-month
driving-under-the-influence 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. Credit shall
not be given to any for program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
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which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, 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
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment, and the person agrees, as
a condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed 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) An 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
driving-under-the-influence program or, if available in the county
of the person’s residence or employment, a 30-month
driving-under-the-influence 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 required under Section
13352.7, upon a conviction or finding of a violation of Section
23152 punishable under Section 23550 or 23550.5, or Section
23153 punishable under Section 23550.5, the privilege shall be
revoked for a period of four years life. The privilege may shall not
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be reinstated pursuant to Section 13352.7 until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following
programs: an 18-month driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
or, if available in the county of the person’s residence or
employment, a 30-month driving-under-the-influence 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. Credit shall not be given to any for
program activities completed prior to the date of the current
violation. The department shall advise the person that after the
completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision
(c) of Section 13353.3, 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
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person’s residence or employment, and the person agrees, as
a condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence 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) An 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
driving-under-the-influence program or, if available in the county
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of the person’s residence or employment, a 30-month
driving-under-the-influence 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 that is punishable under subdivision (e) of
that section, the privilege shall be suspended for a period of 90
days to six months, if ordered by the court. The privilege may shall
not be reinstated until the person gives proof of financial
responsibility, as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision
(a) of Section 23109 that is punishable under subdivision (f) of
that section, the privilege shall be suspended for a period of six
months, if ordered by the court. The privilege may shall not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the juvenile
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) A judge of a juvenile court, juvenile 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 a 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 the 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 the 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.
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(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 upon receipt
of notification from the driving-under-the-influence 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 original suspension or revocation
imposed under this section and until all reinstatement requirements
described in this section are met.
(f)
(e) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements
approved pursuant to program licensure, as evidenced by a
certificate of completion issued, under penalty of perjury, by the
licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the
person has completed a program specified in Section 8001 of the
Penal Code.
(g)
(f) The holder of a commercial driver’s license who was
operating a commercial motor vehicle, as defined in Section 15210,
at the time of a violation that resulted in a suspension or revocation
of the person’s noncommercial driving privilege under this section
is not eligible for the restricted driver’s license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a) by Section
13352.5, 13352.6, 13352.7, 13352.81, or 13352.82.
SEC. 3. Section 13352.1 of the Vehicle Code is repealed.
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except required under Section 13352.4, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23536, if the court refers the person to a program pursuant to
paragraph (2) of subdivision (b) of Section 23538, the privilege
shall be suspended for ten months.
(b) The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
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11836 of the Health and Safety Code described in subdivision (b)
of Section 23538. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit may not be
given to any program activities completed prior to the date of the
current violation.
SEC. 4. Section 13352.4 of the Vehicle Code is amended to
read:
13352.4. (a) Except as provided in subdivision (h) (f), the
department shall issue a restricted driver’s license to a person
whose driver’s license was suspended under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, if the person
meets all of the following requirements:
(1) Submits proof satisfactory to the department of enrollment
in, or completion of, a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code,
as described in subdivision (b) of Section 23538.
(2) Submits the “Verification of Installation” of an ignition
interlock device form described in Section 13386 for his or her
vehicle.
(2)
(3) Submits proof of financial responsibility, as defined in
Section 16430.
(3)
(4) 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 until the
final day of the original suspension imposed under paragraph (1)
of subdivision (a) of Section 13352 or Section 13352.1, or until
the date all reinstatement requirements described in Section 13352
or Section 13352.1 have been met, whichever date is later, and
may include credit for any a suspension period served under
subdivision (c) of Section 13353.3 or a restriction period served
under Section 13353.7.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person’s place of
employment, driving during the course of employment, and driving
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to and from activities required in the driving-under-the-influence
program.
(d)
(c) 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 the
proof required under Section 16484 is received by the department.
(e)
(d) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the
date of the current violation. Credit may shall not be given to a
program activity completed prior to the date of the current
violation.
(f)
(e) (1) The department shall terminate the restriction issued
under this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section
13352 or Section 13352.1 immediately upon receipt of notification
from the driving-under-the-influence program that the of either of
the following:
(A) The person has failed to comply with the
driving-under-the-influence program requirements. The
(B) The person attempted to remove, bypass, or tamper with,
or failed to maintain the ignition interlock device, or operates a
motor vehicle without a properly installed ignition interlock device,
while the restriction of the driving privilege is in effect as described
in subdivision (b).
(2) The privilege shall remain suspended until the final day of
the original suspension imposed under paragraph (1) of subdivision
(a) of Section 13352 or Section 13352.1, or until the date all
reinstatement requirements described in Section 13352 or Section
13352.1 have been met, whichever date is later.
(g) The holder of a commercial driver’s license who was
operating a commercial motor vehicle, as defined in Section 15210,
at the time of a violation that resulted in a suspension or revocation
of the person’s noncommercial driving privilege under paragraph
(1) of subdivision (a) of Section 13352 or Section 13352.1 is not
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eligible for the restricted driver’s license authorized under this
section.
(h)
(f) If, upon conviction, the court has made the determination,
as authorized under subdivision (d) of Section 23536 or paragraph
(3) of subdivision (a) of Section 23538, to disallow the issuance
of a restricted driver’s license, the department may shall not issue
a restricted driver’s license under this section.
(g) 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. A person subject to this section
shall not operate a motorcycle for the duration of the period in
which he or she is required to have an ignition interlock device.
SEC. 5. Section 13352.5 of the Vehicle Code is amended to
read:
13352.5. (a) The Except as provided in subdivision (f), the
department shall issue a restricted driver’s license to a person
whose driver’s license was suspended under paragraph (3) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23542 has been received
in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an
ignition interlock device form described in Section 13386 for his
or her vehicle.
(2)
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(3)
(4) The person completes not less than 12 months of the
suspension period imposed under paragraph (3) of subdivision (a)
of Section 13352. The 12 months may include credit for any a
suspension period served under subdivision (c) of Section 13353.3.
(4)
(5) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
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(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 until the
final day of the original suspension imposed under paragraph (3)
of subdivision (a) of Section 13352, or until the date all
reinstatement requirements described in Section 13352 have been
met, whichever date is later, and may include credit for a
suspension period served under subdivision (c) of Section 13353.3
or a restriction period served under Section 13353.71.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person’s place of
employment, driving during the course of employment, and driving
to and from activities required in the driving-under-the-influence
program.
(d)
(c) 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 the
proof required under Section 16484 is received by the department.
(e)
(d) 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 may Credit shall not be
given to any for program activities completed prior to the date of
the current violation.
(f)
(e) (1) The department shall terminate the restriction imposed
pursuant to issued under this section and shall suspend the privilege
to drive under operate a motor vehicle pursuant to paragraph (3)
of subdivision (a) of Section 13352 immediately upon receipt of
notification from the driving-under-the-influence program that the
of either of the following:
(A) The person has failed to comply with the
driving-under-the-influence program requirements.
(B) The person attempted to remove, bypass, or tamper with,
or failed to maintain the ignition interlock device, or operates a
motor vehicle without a properly installed ignition interlock device,
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while the restriction of the driving privilege is in effect as described
in subdivision (b).
(g)
(f) If, upon conviction, the court has made the determination,
as authorized under subdivision (b) of Section 23540 or subdivision
(d) of Section 23542, to disallow the issuance of a restricted
driver’s license, the department may shall not issue a restricted
driver’s license under this section.
(h) Any person restricted pursuant to this section 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 and a restriction fee has been paid 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 and no additional restriction
fee shall be required.
(i) This section applies to a person who meets all of the
following conditions:
(1) Has been convicted of a violation of Section 23152 that
occurred on or before July 1, 1999, and is punishable under Section
23540, or former Section 23165.
(2) Was granted probation for the conviction subject to
conditions imposed under subdivision (b) of Section 23542, or
under subdivision (b) of former Section 23166.
(3) Is no longer subject to the probation described in paragraph
(2).
(4) Has not completed the licensed driving-under-the-influence
program under paragraph (3) of subdivision (a) of Section 13352
for reinstatement of the driving privilege.
(5) Has no violations in his or her driving record that would
preclude issuance of a restricted driver’s license.
(j) This section shall become operative on September 20, 2005.
(g) 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. A person subject to this section
shall not operate a motorcycle for the duration of the period in
which he or she is required to have an ignition interlock device.
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SEC. 6. Section 13352.6 of the Vehicle Code is amended and
renumbered to read:
13352.6.
13352.9. (a) The department shall immediately suspend the
driving privilege of any a person who is 18 years of age or older
and is convicted of a violation of Section 23140, upon the receipt
of a duly certified abstract of the record of any a court showing
that conviction. The privilege may shall not be reinstated until the
person provides the department with proof of financial
responsibility and until proof satisfactory to the department, of
successful completion of a driving-under-the-influence program
licensed under Section 11836 of the Health and Safety Code has
been received in the department’s headquarters. That attendance
shall be as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) (a) of Section 192 192.5 of, the Penal Code, the
person shall complete, at a minimum, the education component of
that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph
(1), the person shall complete, at a minimum, the program
described in paragraph (1) of subdivision (c) of Section 11837 of
the Health and Safety Code.
(b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of
the current violation. Credit for enrollment, participation, or
completion may shall not be given for any program activities
completed prior to the date of the current violation.
SEC. 7. Section 13352.6 is added to the Vehicle Code, to read:
13352.6. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver’s license to a person
whose driver’s license was suspended under paragraph (5) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as
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described in subdivision (b) or (c) of Section 23548, has been
received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an
ignition interlock device form described in Section 13386 for his
or her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 18 months of the
suspension period imposed under paragraph (5) of subdivision
(a) of Section 13352. The 18 months may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
(5) The person 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 until the
final day of the original suspension imposed under paragraph (5)
of subdivision (a) of Section 13352, or until the date all
reinstatement requirements described in paragraph (5) of
subdivision (a) of Section 13352 have been met, whichever date
is later, and may include credit for a suspension period served
under subdivision (c) of Section 13353.3 or a restriction period
served under Section 13353.72.
(c) 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 the
proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to
the date of the current violation. Credit shall not be given for
program activities completed prior to the date of the current
violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (5) of subdivision (a) of Section
13352 immediately upon receipt of notification of either of the
following:
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(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, while
the restriction of the driving privilege is in effect as described in
subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver’s license because,
considering the circumstances taken as a whole, the court
determines that the person would present a traffic or public safety
risk if authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver’s license under this section.
(g) For the 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. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 8. Section 13352.7 is added to the Vehicle Code, to read:
13352.7. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver’s license to a person
whose driver’s license was revoked under paragraph (7) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as
described in subdivision (b) or (c) of Section 23548, has been
received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an
ignition interlock device form described in Section 13386 for his
or her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 24 months of the
revocation period imposed under paragraph (7) of subdivision (a)
of Section 13352. The 24 months may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
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(5) The person 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 may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
(c) 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 the
proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to
the date of the current violation. Credit shall not be given for
program activities completed prior to the date of the current
violation.
(e) The department shall terminate the restriction issued under
this section and shall revoke the privilege to operate a motor
vehicle pursuant to paragraph (7) of subdivision (a) of Section
13352 immediately upon receipt of notification of either of the
following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, while
the restriction is in effect.
(f) (1) After completing seven years of restriction under this
section, the person may submit a request to the department for an
administrative review for the purpose of reinstating his or her
driving privilege free of the restriction.
(2) The department shall reinstate the person’s driving privilege
if the department finds that the person has not been convicted of
a driving-related offense during the previous seven years.
(g) Notwithstanding paragraph (7) of subdivision (a) of Section
13352, the department may reinstate a person’s privilege to operate
a motor vehicle pursuant to subdivision (f).
(h) If, upon conviction, the court has made the determination
to disallow the issuance of a restricted driver’s license because,
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considering the circumstances taken as a whole, the court
determines that the person would present a traffic or public safety
risk if authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver’s license under this section.
(i) For the 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. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 9. Section 13352.8 is added to the Vehicle Code, to read:
13352.8. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver’s license to a person
whose driver’s license was suspended under paragraph (2) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23538 or paragraph (3) of
subdivision (b) of Section 23646 has been received in the
department’s headquarters.
(2) The person submits the “Verification of Installation” of an
ignition interlock device form described in Section 13386 for his
or her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 12 months of the
suspension period imposed under paragraph (2) of subdivision
(a) of Section 13352. The 12 months may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
(5) The person 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 until the
final day of the original suspension imposed under paragraph (2)
of subdivision (a) of Section 13352, or until the date all
reinstatement requirements described in Section 13352 have been
met, whichever date is later, and may include credit for a
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suspension period served under subdivision (c) of Section 13353.3
or a restriction period served under Section 13353.7.
(c) 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 the
proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to
the date of the current violation. Credit shall not be given for
program activities completed prior to the date of the current
violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (2) of subdivision (a) of Section
13352 immediately upon receipt of notification of either of the
following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, while
the restriction of the driving privilege is in effect as described in
subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver’s license because,
considering the circumstances taken as a whole, the court
determines that the person would present a traffic or public safety
risk if authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver’s license under this section.
(g) For the 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. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 10. Section 13352.81 is added to the Vehicle Code, to
read:
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13352.81. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver’s license to a person
whose driver’s license was suspended under paragraph (4) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23562 has been received
in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an
ignition interlock device form described in Section 13386 for his
or her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 18 months of the
suspension period imposed under paragraph (4) of subdivision
(a) of Section 13352. The 18 months may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
(5) The person 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 until the
final day of the original suspension imposed under paragraph (4)
of subdivision (a) of Section 13352, or until the date all
reinstatement requirements described in Section 13352 have been
met, whichever date is later, and may include credit for a
suspension period served under subdivision (c) of Section 13353.3
or a restricted period served under Section 13353.71.
(c) 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 the
proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to
the date of the current violation. Credit shall not be given for
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program activities completed prior to the date of the current
violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (4) of subdivision (a) of Section
13352 immediately upon receipt of notification of either of the
following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, while
the restriction of the driving privilege is in effect as described in
subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver’s license because,
considering the circumstances taken as a whole, the court
determines that the person would present a traffic or public safety
risk if authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver’s license under this section.
(g) For the 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. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 11. Section 13352.82 is added to the Vehicle Code, to
read:
13352.82. (a) Except as provided in subdivision (f), the
department shall issue a restricted driver’s license to a person
whose driver’s license was suspended under paragraph (6) of
subdivision (a) of Section 13352, if all of the following
requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23568, or if available in
the county of the person’s residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
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Section 8001 of the Penal Code, has been received in the
department’s headquarters.
(2) The person submits the “Verification of Installation” of an
ignition interlock device form described in Section 13386 for his
or her vehicle.
(3) The person submits proof of financial responsibility, as
described in Section 16430.
(4) The person completes not less than 24 months of the
suspension period imposed under paragraph (6) of subdivision
(a) of Section 13352. The 24 months may include credit for a
suspension period served under subdivision (c) of Section 13353.3.
(5) The person 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 until the
final day of the original suspension imposed under paragraph (6)
of subdivision (a) of Section 13352, or until the date all
reinstatement requirements described in Section 13352 have been
met, whichever date is later, and may include credit for a
suspension period served under subdivision (c) of Section 13353.3
or a restriction period served under Section 13353.72.
(c) 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 the
proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to
the date of the current violation. Credit shall not be given for
program activities completed prior to the date of the current
violation.
(e) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (6) of subdivision (a) of Section
13352 immediately upon receipt of notification of either of the
following:
(1) The person failed to comply with the
driving-under-the-influence program requirements.
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(2) The person attempted to remove, bypass, or tamper with, or
failed to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, while
the restriction of the driving privilege is in effect as described in
subdivision (b).
(f) If, upon conviction, the court has made the determination to
disallow the issuance of a restricted driver’s license because,
considering the circumstances taken as a whole, the court
determines that the person would present a traffic or public safety
risk if authorized to operate a motor vehicle during the period of
restriction authorized by this section, the department shall not
issue a restricted driver’s license under this section.
(g) For the 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. A person subject to this
section shall not operate a motorcycle for the duration of the period
in which he or she is required to have an ignition interlock device.
SEC. 12. Section 13352.85 is added to the Vehicle Code, to
read:
13352.85. (a) A person whose driving privilege is suspended
or revoked pursuant to subdivision (a) of Section 13352 shall
install an ignition interlock device on all vehicles that the person
owns or operates, and is prohibited from operating a motor vehicle
unless the vehicle is equipped with a functioning, certified ignition
interlock device and the person is otherwise authorized to operate
a motor vehicle with that device.
(b) Nothing in this section authorizes a person to operate a
vehicle without a valid driver’s license.
(c) If a person has a medical condition that does not permit the
person to breathe with sufficient strength to activate the device,
the person shall only have the suspension or revocation option
pursuant to Section 13352, and is not eligible for a restricted
driver’s license.
(d) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
driver’s license in California shall be prohibited from operating
a motor vehicle in California unless that vehicle is equipped with
a functioning ignition interlock device. An ignition interlock device
is not required to be installed on a vehicle owned by the defendant
that is not driven in California.
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(e) 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 a vehicle
that is not owned by the person subject to this section.
(f) 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. A person subject to this section
shall not operate a motorcycle for the duration of the period in
which he or she is required to have an ignition interlock device.
SEC. 13. Section 13353.3 of the Vehicle Code is amended to
read:
13353.3. (a) An order of suspension of a person’s privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person’s privilege to operate
a motor vehicle under Section 13353.2 is as follows:
(1) Except as provided in Section 13353.6, if If the person has
not been convicted of a separate violation of Section 23103, as
specified in Section 23103.5, of Section 23140, 23152, or 23153,
of Section 191.5 of the Penal Code, or of paragraph (3) of
subdivision (c) (a) of Section 192 192.5 of that code, the person
has not been administratively determined to have refused chemical
testing pursuant to Section 13353 or 13353.1, or the person has
not been administratively determined to have been driving with
an excessive concentration of alcohol pursuant to Section 13353.2
on a separate occasion, that offense or occurrence occurred within
10 years of the occasion in question, the person’s privilege to
operate a motor vehicle shall be suspended for four months.
(2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5,
Section 23140, 23152, or 23153, Section 191.5 of the Penal Code,
or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of that
code, the person has been administratively determined to have
refused chemical testing pursuant to Section 13353 or 13353.1, or
the person has been administratively determined to have been
driving with an excessive concentration of alcohol pursuant to
Section 13353.2 on a separate occasion, that offense or occasion
occurred within 10 years of the occasion in question, the person’s
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privilege to operate a motor vehicle shall be suspended for one
year.
(3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation
of Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
(c) If a person’s privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted
of a violation of Section 23152 or 23153, including, but not limited
to, a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed,
except that the periods of suspension or revocation shall run
concurrently, and the total period of suspension or revocation shall
not exceed the longer of the two suspension or revocation periods.
(d) For the purposes of this section, a conviction of any an
offense in any a state, territory, or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
the Dominion of Canada that, if committed in this state, would be
a violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or paragraph
(3) of subdivision (c) (a) of Section 192 192.5 of the Penal Code,
is a conviction of that particular section of the Vehicle Code or
Penal Code.
(e) This section shall become operative on September 20, 2005.
SEC. 14. Section 13353.5 of the Vehicle Code is amended to
read:
13353.5. (a) If a person whose driving privilege is suspended
or revoked under Section 13352, former Section 13352.4, Section
13352.4, 13352.6 13352.9, paragraph (1) of subdivision (g) of
Section 23247, or paragraph (2) of subdivision (f) of Section 23575
is a resident of another state at the time the mandatory period of
suspension or revocation expires, the department may terminate
the suspension or revocation, upon written application of the
person, for the purpose of allowing the person to apply for a license
in his or her state of residence. The application shall include, but
need not be limited to, evidence satisfactory to the department that
the applicant now resides in another state.
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(b) If the person submits an application for a California driver’s
license within three years after the date of the action to terminate
suspension or revocation pursuant to subdivision (a), a license
shall not be issued until evidence satisfactory to the department
establishes that the person is qualified for reinstatement and no
grounds exist including, but not limited to, one or more subsequent
convictions for driving under the influence of alcohol or other
drugs that would support a refusal to issue a license. The
department may waive the three-year requirement if the person
provides the department with proof of financial responsibility, as
defined in Section 16430, and proof satisfactory to the department
of successful completion of a driving-under-the-influence program
described in Section 13352, and the driving-under-the-influence
program is of the length required under paragraphs (1) to (7),
inclusive, of subdivision (a) of Section 13352.
(c) For the purposes of this section, “state” includes a foreign
province or country.
(d) This section shall become operative on September 20, 2005.
SEC. 15. Section 13353.7 of the Vehicle Code is amended to
read:
13353.7. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has
not been convicted of, or found to have committed, a separate
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153 of this code, or Section 191.5 or
paragraph (3) of subdivision (c) (a) of Section 192 192.5 of the
Penal Code, and if the person’s privilege to operate a motor vehicle
has not been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion within
10 years of the occasion in question and, if the person subsequently
enrolls in a driving-under-the-influence program licensed under
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23538, and installs and maintains an
ignition interlock device certified pursuant to Section 13386 on
all vehicles that the person owns or operates, that person, if 21
years of age or older at the time the offense occurred, may apply
to the department for a restricted driver’s license limited to travel
to and from the activities required by the program and to and from
and in the course of the person’s employment. After receiving
proof of enrollment in the program, and the “Verification of
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Installation” of an ignition interlock device form described in
Section 13386, and if the person has not been arrested subsequent
to the offense for which the person’s driving privilege has been
suspended under Section 13353.2 for a violation of Section 23103,
as specified in Section 23103.5, or Section 23140, 23152, or 23153
of this code, or Section 191.5 or paragraph (3) of subdivision (c)
(a) of Section 192 192.5 of the Penal Code, and if the person’s
privilege to operate a motor vehicle has not been suspended or
revoked pursuant to Section 13353 or 13353.2 for an offense that
occurred on a separate occasion, notwithstanding Section 13551,
the department shall, after review pursuant to Section 13557,
suspend the person’s privilege to operate a motor vehicle for 30
days and then issue the person a restricted driver’s license under
the following conditions:
(1) The program shall report any a failure to participate in the
program to the department and shall certify successful completion
of the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is effective
upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under
this section attempts to remove, bypass, or tamper with, or fails
to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, within
the time described in Section 13353.73, the department shall
suspend the restricted license immediately. The department shall
give notice of the suspension under this paragraph in the same
manner as prescribed in subdivision (b) of Section 13353.2 for the
period specified in Section 13353.3, that is effective upon receipt
of the notice by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke
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the person’s privilege to operate a motor vehicle under Section
13352.
(c) If the holder of a commercial driver’s license was operating
a commercial vehicle, as defined in Section 15210, at the time of
the violation that resulted in the suspension of that person’s driving
privilege under Section 13353.2, the department shall, pursuant
to this section, if the person is otherwise eligible, issue the person
a class C driver’s license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license may not allow travel to and from or in the course of
the person’s employment.
(d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353
or 13353.2 for an offense that occurred on a separate occasion, or
as a result of a conviction of a separate violation of Section 23103,
as specified in Section 23103.5, or Section 23140, 23152, or 23153,
that violation occurred within 10 years of the offense in question.
This subdivision shall be operative only so long as a one-year
suspension of the driving privilege for a second or subsequent
occurrence or offense, with no restricted or hardship licenses
permitted, is required by Section 408 or 410 of Title 23 of the
United States Code.
(e) This section shall become operative on September 20, 2005.
SEC. 16. Section 13353.71 is added to the Vehicle Code, to
read:
13353.71. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has
been convicted of, or found to have committed, one prior separate
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153 of this code, or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code and, if the
person subsequently enrolls in a driving-under-the-influence
program licensed under Section 11836 of the Health and Safety
Code, as described in subdivision (b) of Section 23542, and installs
and maintains an ignition interlock device certified pursuant to
Section 13386, on all vehicles registered in the person’s name,
that person, if 21 years of age or older at the time the offense
occurred, may apply to the department for a restricted driver’s
license. After receiving proof of enrollment in the program and
the “Verification of Installation” of an ignition interlock device
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form described in Section 13386, and if the person has not been
arrested subsequent to the offense for which the person’s driving
privilege has been suspended under Section 13353.2 for a violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, and if the person’s privilege
to operate a motor vehicle has not been suspended or revoked
pursuant to Section 13353 for an offense that occurred on a
separate occasion, notwithstanding Section 13551, the department
shall, after review as described in Section 13557, suspend the
person’s privilege to operate a motor vehicle for 90 days and then
issue the person a restricted driver’s license under the following
conditions:
(1) The program shall report a failure to participate in the
program to the department and shall certify successful completion
of the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of 21 months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this
paragraph in the same manner as prescribed in subdivision (b) of
Section 13353.2 for the period specified in Section 13353.3, that
is effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under
this section attempts to remove, bypass, or tamper with, or fails
to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, within
the time described in Section 13353.73, the department shall
suspend the restricted license immediately. The department shall
give notice of the suspension under this paragraph in the same
manner as prescribed in subdivision (b) of Section 13353.2 for the
period specified in Section 13353.3, that is effective upon receipt
of the notice by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke
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the person’s privilege to operate a motor vehicle under Section
13352.
(c) If the holder of a commercial driver’s license was operating
a commercial motor vehicle, as defined in Section 15210, at the
time of the violation that resulted in the suspension of that person’s
driving privilege under Section 13353.2, the department shall,
pursuant to this section, if the person is otherwise eligible, issue
the person a class C driver’s license restricted in the same manner
and subject to the same conditions as specified in subdivision (a).
SEC. 17. Section 13353.72 is added to the Vehicle Code, to
read:
13353.72. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has
been convicted of, or found to have committed, two or more prior
separate violations of Section 23103, as specified in Section
23103.5, or Section 23140, 23152, or 23153 of this code, or Section
191.5 or subdivision (a) of Section 192.5 of the Penal Code and,
if the person subsequently enrolls in a driving-under-the-influence
program licensed under Section 11836 of the Health and Safety
Code, as described in subdivision (b) or (c) of Section 23548, and
installs and maintains an ignition interlock device certified
pursuant to Section 13386, on all motor vehicles registered in that
person’s name, that person, if 21 years of age or older at the time
the offense occurred, may apply to the department for a restricted
driver’s license. After receiving proof of enrollment in the program
and the “Verification of Installation” of an ignition interlock device
form described in Section 13386, and if the person has not been
arrested subsequent to the offense for which the person’s driving
privilege has been suspended under Section 13353.2 for a violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, and if the person’s privilege
to operate a motor vehicle has not been suspended or revoked
pursuant to Section 13353 for an offense that occurred on a
separate occasion, notwithstanding Section 13551, the department
shall, after review as described in Section 13557, suspend the
person’s privilege to operate a motor vehicle for six months and
then issue the person a restricted driver’s license under the
following conditions:
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(1) The program shall report a failure to participate in the
program to the department and shall certify successful completion
of the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of 30 months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this
paragraph in the same manner as prescribed in subdivision (b) of
Section 13353.2 for the period specified in Section 13353.3, that
is effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under
this section attempts to remove, bypass, or tamper with, or fails
to maintain the ignition interlock device, or operates a motor
vehicle without a properly installed ignition interlock device, within
the time described in Section 13353.73, the department shall
suspend the restricted license immediately. The department shall
give notice of the suspension under this paragraph in the same
manner as prescribed in subdivision (b) of Section 13353.2 for the
period specified in Section 13353.3, that is effective upon receipt
of the notice by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke
the person’s privilege to operate a motor vehicle under Section
13352.
(c) If the holder of a commercial driver’s license was operating
a commercial motor vehicle, as defined in Section 15210, at the
time of the violation that resulted in the suspension of that person’s
driving privilege under Section 13353.2, the department shall,
pursuant to this section, if the person is otherwise eligible, issue
the person a class C driver’s license restricted in the same manner
and subject to the same conditions as specified in subdivision (a).
SEC. 18. Section 13373.73 is added to the Vehicle Code, to
read:
13373.73. (a) A person issued a restricted driver’s license
pursuant to Section 13353.7 shall install and maintain an ignition
interlock device for six months. Installation may occur 30 days
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after the issuance of the notice pursuant to Section 13382 or
subdivision (b) of Section 13353.2.
(b) A person issued a restricted driver’s license pursuant to
Section 13353.71 shall install and maintain an ignition interlock
device for two years. Installation may occur 30 days after the
issuance of the notice pursuant to Section 13382 or subdivision
(b) of Section 13353.2.
(c) A person issued a restricted driver’s license pursuant to
Section 13353.72 shall install and maintain an ignition interlock
device for three years. Installation may occur 30 days after the
issuance of the notice pursuant to Section 13382 or subdivision
(b) of Section 13353.2.
SEC. 19. Section 23247 of the Vehicle Code is amended to
read:
23247. (a) It is unlawful for a person to knowingly rent, lease,
or lend a motor vehicle to another person known to have had his
or her driving privilege restricted as provided in Section 13352,
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575, unless the vehicle is
equipped with a functioning, certified ignition interlock device.
Any A person, whose driving privilege is restricted pursuant to
Section 13352, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8,
13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575 shall
notify any other another 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 a person whose driving privilege is
restricted pursuant to Section 13352, 13352.4, 13352.5, 13352.6,
13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71,
13353.72, or 23575 to request or solicit any other another 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, 13352.4, 13352.5,
13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13352.7,
13353.71, 13353.72, or 23575.
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(d) It is unlawful to remove, bypass, or tamper with, an ignition
interlock device.
(e) It is unlawful for any a person whose driving privilege is
restricted pursuant to Section 13352, 13352.4, 13352.5, 13352.6,
13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71,
13353.72, or 23575 to operate any a vehicle that is not equipped
with a functioning ignition interlock device.
(f) Any A 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 a 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 a 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 A charge shall not be imposed for the removal of the device
nor shall, and the manufacturer or installer shall not 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. 20. Section 23502 of the Vehicle Code is amended to
read:
23502. (a) Notwithstanding any other provision of law, if a
person who is at least 18 years of age is convicted of a first
violation of Section 23140, in addition to any penalties, the court
shall order the person to attend a program licensed under Section
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11836 of the Health and Safety Code, subject to a fee schedule
developed under paragraph (2) of subdivision (b) of Section
11837.4 of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) (a) of Section 192 192.5 of, the Penal Code, the
person shall complete, at a minimum, the education component of
that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph
(1), the person shall complete, at a minimum, the program
described in paragraph (1) of subdivision (c) of Section 11837 of
the Health and Safety Code.
(c) The person’s privilege to operate a motor vehicle shall be
suspended by the department as required under Section 13352.6
13352.9, and the court shall require the person to surrender his or
her driver’s license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the
driving-under-the-influence program required under this section.
SEC. 21. Section 23536 of the Vehicle Code is amended to
read:
23536. (a) If a 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 a 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
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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) The person’s privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision
(a) of Section 13352 or Section 13352.1. The court shall require
the person to surrender the driver’s license to the court in
accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a
whole, the court determines that the person punished under this
section would present a traffic safety or public safety risk if
authorized to operate a motor vehicle during the period of
suspension imposed under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1, the court may disallow the
issuance of a restricted driver’s license required under Section
13352.4.
SEC. 22. Section 23538 of the Vehicle Code is amended to
read:
23538. (a) (1) If the court grants probation to 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 pay a fine
of at least three hundred ninety dollars ($390), but not more than
one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail
for at least 48 hours, but not more than six months.
(2) The person’s privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision
(a) of Section 13352 or Section 13352.1. The court shall require
the person to surrender the driver’s license to the court in
accordance with Section 13550.
(3) Whenever, when considering the circumstances taken as a
whole, the court determines that the person punished under this
section would present a traffic safety or public safety risk if
authorized to operate a motor vehicle during the period of
suspension imposed under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1, the court may disallow the
issuance of a restricted driver’s license required under Section
13352.4.
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(b) In any a 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 a driving-under-the-influence
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. For the purposes of this subdivision,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit may shall not be given for any program activities completed
prior to the date of the current violation.
(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 nine months or
longer, as ordered by the court, in a licensed program that consists
of at least 60 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.
(3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under
this code that is licensed pursuant to Section 11836 of the Health
and Safety Code has been received in the department’s
headquarters.
(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).
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(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.
SEC. 23. Section 23546 of the Vehicle Code is amended to
read:
23546. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of two separate
violations of Section 23103, as specified in Section 23103.5, 23152,
or 23153, or any combination thereof, that 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 suspended by the Department of
Motor Vehicles 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) A person convicted of a violation of Section 23152
punishable under this section shall be designated as a 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. 24. Section 23548 of the Vehicle Code is amended to
read:
23548. (a) (1) If the court grants probation to any a person
punished under Section 23546, 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 120 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).
(2) The person’s privilege to operate a motor vehicle shall be
revoked suspended by the department under paragraph (5) of
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subdivision (a) of Section 13352. The court shall require the person
to surrender the driver’s license to the court in accordance with
Section 13550.
(b) In addition to subdivision (a), if the court grants probation
to any a person punished under Section 23546, 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 driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.
In lieu of the minimum term of imprisonment specified 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.
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 suspension imposed
under paragraph (5) 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 a person
punished under Section 23546 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 driving-under-the-influence 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 and
participate, for at least 18 months and in a manner satisfactory to
the court, in a driving-under-the-influence 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
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program activities completed prior to, the date of the current
violation.Any A person who has previously completed a 12-month
or 18-month program licensed pursuant to Section 11836 of the
Health and Safety Code shall not be eligible for referral pursuant
to this subdivision unless a 30-month licensed
driving-under-the-influence program is not available for referral
in the county of the person’s residence or employment. 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. 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 suspension imposed under
paragraph (5) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing
that the driving privilege may shall not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
SEC. 25. 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 confinement 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, or under former
Section 23175 or former Section 23175.5, or both.
(2) A prior violation of Section 23153 that was punished as a
felony.
(3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
(b) Every A person who, having previously been convicted of
a violation of Section 191.5 of the Penal Code or a felony violation
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of paragraph (3) of subdivision (c) (a) of Section 192 192.5 of the
Penal Code, is subsequently convicted of a violation of Section
23152 or 23153 is guilty of a public offense punishable by
imprisonment in the state prison or confinement 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).
(c) The privilege to operate a motor vehicle of a person
convicted of a violation that is punishable under subdivision (a)
or (b) shall be revoked by the department under paragraph (7) of
subdivision (a) of Section 13352, unless paragraph (6) of
subdivision (a) of Section 13352 is also applicable, in which case
the privilege shall be revoked suspended under that provision. The
court shall require the person to surrender the driver’s license to
the court in accordance with Section 13550.
(d) Any A person convicted of a violation of Section 23152 or
23153 that is punishable under this section shall be designated as
a 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. 26. Section 23575 of the Vehicle Code is amended to
read:
23575. (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense violation
of Section 23152 or 23153 to install a certified ignition interlock
device on any vehicle that the person owns or operates and prohibit
that person 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 a first offense violator 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 to 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 from the date of conviction. The
court shall notify the Department of Motor Vehicles, as specified
in subdivision (a) of Section 1803, of the terms of the restrictions
in accordance with subdivision (a) of Section 1804. The
Department of Motor Vehicles shall place the restriction in the
person’s records in the Department of Motor Vehicles.
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(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person
from operating a motor vehicle unless the vehicle is equipped with
a functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department
of Motor Vehicles shall place the restriction in the person’s records
in the Department of Motor Vehicles.
(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) A 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 is removed or 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 a 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 a 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 If a person is convicted of
a violation of Section 23152 or 23153, and the offense occurred
within 10 years of one or more separate violations of Section 23152
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or 23153 that resulted in a conviction, the person may apply applies
to the Department of Motor Vehicles for a restricted driver’s license
pursuant to Section 13352 13352.4, 13352.5, 13352.6, 13352.7,
13352.8, 13352.81, or 13352.82, 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, 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 13352.4, 13352.5, 13352.6, 13352.7, 13352.8,
13352.81, or 13352.82, and shall immediately suspend or revoke
the privilege to operate a motor vehicle of a person who attempts
to remove, bypass, or tamper with the device, who has the device
removed prior to the termination date of the restriction, or who
fails three or more times to comply with any a requirement for the
maintenance or calibration of the ignition interlock device ordered
pursuant to Section 13352 13352.4, 13352.5, 13352.6, 13352.7,
13352.8, 13352.81, or 13352.82. 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) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 13352.4,
13352.5, 13352.6, 13352.7, 13352.8, 13352.81, or 13352.82, 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 is removed or 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 a 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.
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(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, an out-of-state resident 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. An ignition interlock device
is not 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 and prohibiting operation
of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to
whom subdivision (a) or (b) does not apply. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department
of Motor Vehicles shall place the restriction in the person’s records
in the Department of Motor Vehicles.
(m) For the 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 A 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 the 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
a vehicle that are is not owned by the person subject to this section.
(o) For the purposes of this section, “bypass” includes, but is
not limited to, either of the following:
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(1) Any combination of failing or not taking the ignition
interlock device rolling retest three consecutive times.
(2) Any incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the vehicle’s
engine.
SEC. 27. Section 23575.5 is added to the Vehicle Code, to
read:
23575.5. (a) The Ignition Interlock Device Assistance Fund
is hereby created in the State Treasury. The money in the fund is
available to the department, upon appropriation by the Legislature,
to fund the installation of ignition interlock devices.
(b) In addition to any other fines or fees imposed, a person
convicted of violating Section 23152 or 23153 shall pay a fee of
one hundred dollars ($100) to be deposited in the Ignition Interlock
Device Assistance Fund.
(c) The director shall establish standards and develop criteria
for implementing and maintaining the Ignition Interlock Device
Assistance Program. The criteria shall include at least all of the
following:
(1) Requirements for financial assistance to install and maintain
an ignition interlock device.
(2) The maximum amount of financial assistance, not to exceed
50 percent of the cost of installing and maintaining an ignition
interlock device, available for a person to install and maintain an
ignition interlock device.
(3) The application process by which a person can apply for
financial assistance.
(4) Criteria to terminate financial assistance.
SEC. 28. Section 23576 of the Vehicle Code is amended to
read:
23576. (a) Notwithstanding Section Sections 13352.85 and
23575, if a person is required to operate a motor vehicle in the
course and scope of his or her employment and if the vehicle is
owned by the employer, the person may operate that vehicle
without installation of an approved ignition interlock device if the
employer has been notified by the person that the person’s driving
privilege has been restricted pursuant to Section 13352.4, 13352.5,
13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7,
13353.71, 13353.72, or 23575 and if the person has proof of that
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notification in his or her possession, or if the notice, or a facsimile
copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Section
13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82,
13353.7, 13353.71, 13353.72, or 23575, is not a motor vehicle
owned by the employer subject to the exemption in subdivision
(a).
SEC. 29. 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 XIII B of the California
Constitution.
All matter omitted in this version of the bill
appears in the bill as introduced in the
Senate, February 5, 2007. (JR11)
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SB 177 — 50 —

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