Bill Text: CA SB545 | 2019-2020 | Regular Session | Amended
Bill Title: Driving under the influence: ignition interlock devices.
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Engrossed - Dead) 2019-07-09 - July 9 set for first hearing canceled at the request of author. [SB545 Detail]
Download: California-2019-SB545-Amended.html
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Amended
IN
Assembly
July 01, 2019 |
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Amended
IN
Senate
April 23, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 545 |
| Introduced by Senator Hill (Coauthors: Senators Bates, Galgiani, Hertzberg, Roth, Wiener, and Wilk) (Coauthors: Assembly Members Bauer-Kahan, Chau, Cooley, Eduardo Garcia, Gloria, Lackey, Levine, Maienschein, Mullin, Patterson, and Rodriguez) |
February 22, 2019 |
An act to amend Sections 13352, 13386, 23575.3 and 23575.5 of the Vehicle Code, relating to driving under the influence, and declaring the urgency thereof, to take effect immediately. influence.
LEGISLATIVE COUNSEL'S DIGEST
SB 545, as amended, Hill.
Driving under the influence: ignition interlock devices.
Existing law requires the Department of Motor Vehicles to, as specified, immediately suspend a person’s driver’s license if the person is administratively found to have been operating a motor vehicle with a specified quantity of alcohol in their blood.
Existing law authorizes a person who has had their driver’s license suspended by the department to be issued a restricted driver’s license if they meet specified criteria, including the installation and maintenance of an ignition interlock device (IID).
Existing law, until January 1, 2026, requires a person, upon a criminal conviction for driving under the influence of alcohol with a prior conviction for driving under the influence or for driving under the influence and causing injury, to install and maintain an IID for a specified period of time.
Existing law also authorizes a court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license.
Existing law requires the department to credit any time that a person maintained a functioning IID during the period of that person’s restricted licensure, but prior to the criminal conviction, toward any mandatory term of maintaining such a device, required upon conviction.
This bill would require a person, upon the person’s first criminal conviction for driving under the influence, to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders.
The bill
would require the department to credit any time that a person maintained a functioning IID during the period of that person’s restricted licensure, but prior to the criminal conviction, toward any term of maintaining such a device, required by law upon conviction pursuant to the above-described statute.
The bill would, however, require that
if a person submits a failing breath sample within the last 2 months of their mandatory term of maintaining an IID, the person will not receive credit for the previous 2 months.
The bill would place certain recordkeeping requirements upon manufacturers of ignition interlock devices.
The bill would also extend the operation of the law requiring IIDs until January 1, 2027, and make conforming changes to related reporting requirements.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) This act shall be known, and may be cited, as the Matthew Klotzbach Mandatory Ignition Interlock for DUI Offender Act of 2019.(b) The Klotzbach family was returning home to Livermore after a day along the coast on July 29, 2001, when their Jeep Wrangler was broadsided by a drunk driver.
Matthew’s mother, Mary, and father, Tom, cofounded MADD Bay Area after Matthew was killed by the drunk driver.
Matthew had taken the oath of office to serve this country as a Naval Academy Midshipman, but he was not given that chance. The
Legislature believes that it is important to Matthew and the thousands of others who have been killed by drunk drivers to stop these preventable deaths through the use of mandated ignition interlock devices for all DUI offenders.
SEC. 2.
The Legislature finds and declares the following:(a) In 2009, the Legislature passed Assembly Bill 91 (AB 91) with nearly unanimous bipartisan support by votes of 78-0 in the Assembly and 31-4 in the Senate. The bill created a four-county pilot program in the Counties of Los Angeles, Sacramento, Alameda, and Tulare requiring ignition interlock devices (IID’s) for all DUI offenders.
(b) In 2016, the Department of Motor Vehicles released a report on the pilot program from 2010 to 2016, inclusive, stating that the department “found a strong and reliable association between possession of
an AB 91 IID restricted license and reduced DUI recidivism. Across all DUI offender levels, those with an IID restricted license have lower odds or hazards of a subsequent DUI conviction, and lower odds or hazards of a subsequent DUI incident when compared to drivers with suspended or revoked licenses.” The report also found that “[t]he AB 91 IID group is associated with 73% lower odds or hazards of a subsequent DUI conviction relative to the comparison group of suspended drivers and 74% lower odds or hazards of a subsequent DUI incident relative to the comparison group of suspended drivers.”
(c) In 2016, a report released by Mothers Against Drunk Driving (MADD) found that IIDs in California had prevented over 1 million instances of drinking and driving since 2010.
(d) In 2016,
Senate Bill 1046 (SB 1046), that expanded the pilot program’s IID requirement for all DUI offenders statewide, was introduced. The bill passed in the Senate with unanimous bipartisan support by a vote of 39-0 and passed by votes of 10-0 in the Assembly Committee on Transportation, 16-0 in the Assembly Committee on Business and Professions, and 20-0 in the Assembly Committee on Appropriations.
(e) However, an amendment to SB 1046 at the last minute made IIDs for first offenders optional instead of mandatory, contrary to findings in the Department of Motor Vehicles report that showed DUI offenders with IIDs are associated with 73 percent lower odds or hazards of a subsequent DUI conviction relative to the comparison group of suspended drivers and 74 percent lower odds or hazards of a subsequent DUI incident relative to the comparison group
of suspended drivers.
(f) Effective January 1, 2019, IIDs are optional for first offenders as a result of SB 1046.
(g) This act mandates IIDs for first offenders consistent with the original pilot program and based on the findings by the Department of Motor Vehicles of “a strong and reliable association between possession of an AB 91 IID restricted license and reduced DUI recidivism. Across all DUI offender levels, those with an IID restricted license have lower odds or hazards of a subsequent DUI conviction, and lower odds or hazards of a subsequent DUI incident when compared to drivers with suspended or revoked licenses.”
SEC. 3.
Section 13352 of the Vehicle Code, as amended by Section 3 of Chapter 485 of the Statutes of 2017, 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, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also 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) (A) Except as provided in this subparagraph, or as required under Section 13352.1 or 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. The privilege shall not be reinstated until the person provides proof of financial responsibility and provides 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 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to
order a person to enroll in, participate in, and complete either program described in 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 in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) The underlying conviction was not only for the use
of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, 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 of this code.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2)
of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(v) The person provides proof of financial responsibility, as defined in Section 16430.
(vi) The person pays all reissue fees and any restriction fee required by the department.
(vii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restrictions described in this paragraph shall remain in effect for the period required in
subdivision (e).
(2) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person provides proof of financial responsibility and provides 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 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program
described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in 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 of this code.
(II) Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I).
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as
determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(3) (A) Except as provided in this paragraph or in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person provides proof of financial responsibility and provides 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 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved
program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, 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 if a 30-month program is unavailable in the person’s county of residence or employment.
(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.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(4) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person provides proof of financial responsibility, and the person provides 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 paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall
occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, 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 if a 30-month program is unavailable in the person’s county of residence or employment.
(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.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(5) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and provides proof satisfactory to the department of successful completion of 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 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, 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 if a 30-month program is unavailable in the person’s county of residence or employment.
(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.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory
participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under Section 23575.3, if applicable.
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) 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.
(viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph,
as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(6) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person
provides proof of financial responsibility and provides 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 23568 of this 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 in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s
license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) 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.
(II) Proof of enrollment in 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.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock
device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) 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 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.
(viii) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(7) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and provides proof satisfactory
to the department of successful completion 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, 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 in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the
following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, 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, if a 30-month program is unavailable in the person’s county of residence or employment.
(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.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) 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 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.
(viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the
department.
(ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(8) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person provides 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 shall not be reinstated until the person provides proof of financial responsibility, as defined in Section 16430.
(b) For the purposes 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, subdivision (a) of Section 23109, or Section 23109.1, 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.
(e) (1) The restricted driving privilege shall become
effective when the department receives all of the documents and fees required under paragraphs (1) to (7), inclusive, of subdivision (a) and, except as specified in paragraph (2) or (3), shall remain in
effect until all reinstatement requirements are satisfied.
(2) For the purposes of the restriction conditions specified in paragraphs (1) 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.
(3) The department shall immediately suspend or revoke the privilege to operate a motor
vehicle of a person who, with respect to an ignition interlock device installed pursuant to this section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(f) Notwithstanding the suspension periods specified in paragraphs (1) to (7), inclusive, of subdivision (a) or Section 13352.1, if the person maintains a functioning, certified ignition interlock device for the mandatory term required under Section 23575.3, inclusive of any term credit earned under Section 13353.6 or 13353.75, the department shall reinstate that person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied.
(g) 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.
(h) (1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who 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 pursuant to this section is not eligible for the restricted driver’s license authorized under paragraphs (1) to (7), inclusive, of subdivision (a).
(2) Notwithstanding paragraph (1), as authorized under this section,
the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (7), inclusive, of subdivision (a).
(i) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to this section shall arrange for each vehicle with a functioning, certified 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 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 requirement for the maintenance or calibration of the ignition interlock device, or if the person has had any failed starts. device.
(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
(k) For purposes of this section, “bypass” means either of the following:
(1) Failure to take any random retest.
(2) Failure to pass a random
retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(l)For purposes of this section, “failed start” means any attempt to start the vehicle with a breath alcohol concentration exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(m)
(l) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random
intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(n)
(m) The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(o)
(n) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
SEC. 4.
Section 13386 of the Vehicle Code, as added by Section 16 of Chapter 485 of the Statutes of 2017, is amended to read:13386.
(a) (1) The department shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.(2) (A) The department shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.
(B) The department may use denial of certification, suspension or revocation of certification, or decertification of an
ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:
(i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations.
(ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive, or the model specifications
for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, inclusive.
(C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.
(b) (1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.
(2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.
(c) An installer,
service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.
(d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturer’s agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.
(e) A model of ignition interlock device shall not be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic
Safety Administration.
(f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the department, who intend to market the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the reasonable costs incurred by the department in carrying out this section.
(g) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:
(1) An “Option to Install,” to be sent by the department to all offenders along with the mandatory order of suspension or
revocation. This shall include the alternatives available for early license reinstatement with the installation of a functioning, certified ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.
(2) A “Verification of Installation” to be returned to the department by the offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer’s agent.
(3) A “Notice of Noncompliance” and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall
be standardized at 60 days to maximize monitoring checks for equipment tampering.
(h) The department shall develop rules under which every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturer’s standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturer’s device, and shall develop a form to be signed by an authorized representative of the manufacturer pursuant to which the manufacturer agrees to provide functioning, certified ignition interlock devices to applicants at the costs described in subdivision (k) of Section 23575.3. The form shall contain an acknowledgment that the failure of the manufacturer, its agents, or authorized installers to comply with subdivision (k) of Section 23575.3 shall result in suspension or revocation of the
department’s approval for the manufacturer to market ignition interlock devices in this state.
(i) (1) Each manufacturer of ignition interlock devices that is certified by the department shall maintain a participant file for every person to whom they provide an ignition interlock device pursuant to this article.
(2) The participant file described in this subdivision shall include information and records related to the installation, service, calibration, and removal of the device and shall include all data retrieved from the data storage system of the device.
(3) A participant file shall be stored in either paper or electronic format, as determined by the manufacturer.
(4) A participant file shall be retained for a period of no less than three years after
the date that the ignition interlock device is removed.
(5) Participant files shall be stored and secured at all times in a manner that reasonably prevents unauthorized access to the records. The department, or any person authorized by the department, shall have access to all participant files and the manufacturer shall provide online access to participant files that are stored electronically to the department.
(i)
(j) A person who manufactures, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable
information pertaining to individuals who are required by law to install a functioning, certified ignition interlock device on a vehicle that he or she operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(j) This section shall become operative on January 1, 2019.
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 5.
Section 13386 of the Vehicle Code, as added by Section 22 of Chapter 783 of the Statutes of 2016, is amended to read:13386.
(a) (1) The department shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.(2) (A) The department shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.
(B) The department may use denial of certification, suspension or revocation of certification, or decertification of an
ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:
(i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations.
(ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive, or the Model Specifications
for Breath Alcohol Ignition Interlock Devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, inclusive.
(C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.
(b) (1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.
(2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.
(c) An installer,
service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.
(d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturer’s agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.
(e) A model of ignition interlock device shall not be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic
Safety Administration.
(f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the department, who intend to sell the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out this section.
(g) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:
(1) An “Option to Install,” to be sent by the department to repeat offenders along with the mandatory order of suspension or revocation. This
shall include the alternatives available for early license reinstatement with the installation of an ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.
(2) A “Verification of Installation” to be returned to the department by the reinstating offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer’s agent.
(3) A “Notice of Noncompliance” and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at 60 days
to maximize monitoring checks for equipment tampering.
(h) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall adopt fee schedules that provide for the payment of the costs of the device by applicants in amounts commensurate with the applicant’s ability to pay.
(i) (1) Each manufacturer of ignition interlock devices that is certified by the department shall maintain a participant file for every person to whom they provide an ignition interlock device pursuant to this article.
(2) The participant file described in this subdivision shall include information and records related to the installation, service, calibration, and removal of the device and
shall include all data retrieved from the data storage system of the device.
(3) A participant file shall be stored in either paper or electronic format, as determined by the manufacturer.
(4) A participant file shall be retained for a period of no less than three years after the date that the ignition interlock device is removed.
(5) Participant files shall be stored and secured at all times in a manner that reasonably prevents unauthorized access to the records. The department, or any person authorized by the department, shall have access to all participant files and the manufacturer shall provide online access to participant files that are stored electronically to the department.
(i)
(j) A person who manufactures, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required by law to install an ignition interlock device on a vehicle that he or she owns or operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(j)
(k) This
section shall become operative January 1, 2026.
SEC. 4.SEC. 6.
Section 23575.3 of the Vehicle Code is amended to read:23575.3.
(a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.(b) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is
required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
(c) The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d) (1) A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
(A) Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device
provider under Section 13386.
(B) Provide to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
(2) A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time that person purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at their residence.
(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E) The person acknowledges that they are required to have a valid driver’s license before they can drive.
(F) The person acknowledges that they are subject to the requirements
of this section when that person purchases or has access to a vehicle.
(e) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(f) (1) A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified 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.
(2) The installer shall notify the department 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 requirement for the maintenance or calibration of the ignition interlock device, or if the person has had any failed starts. device.
(g) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
(h) A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows:
(1) A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
(A) Upon a conviction with no priors, punishable under Section 23536, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of six months.
(B) Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the
vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(C) Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(D) Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(2) A person convicted of a violation of subdivision (a), (b), (d),
(e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
(A) Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(B) Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(C) Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning,
certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(D) Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(3) For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10
years of the current violation.
(4) The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which that person had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75.
(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
(j) If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not
be credited towards the mandatory term for which the ignition interlock device is required to be installed.
(k) (1) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the
manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(B) A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(C) A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs
accrued by the person for noncompliance with program requirements.
(D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(E) A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(F) All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(G) The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2) The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
(A) The previous year’s federal income tax return.
(B) The previous three months of weekly or monthly income statements.
(C) Employment Development Department verification of unemployment benefits.
(l) The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
(m)If a person has any failed start that occurs within the last 60 days of the mandatory
term for which the ignition interlock device is required to be installed, the term shall be extended for a period of 60 days.
(n)
(m) This section does not permit a person to drive without a
valid driver’s license.
(o)
(n) The requirements of this section are in addition to any other requirements of law.
(p)
(o) For the purposes of this section, the following definitions apply:
(1) “Bypass” means
either of the following:
(A) Failure to take any random retest.
(B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(2)“Failed start” means any attempt to start the vehicle with a breath alcohol concentration exceeding 0.03 percent,
by weight of alcohol, in the person’s blood.
(3)
(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.
(4)
(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.
(5)
(4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(6)
(5) “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 an ignition interlock device restriction shall not operate a motorcycle for
the duration of the ignition interlock device restriction period.
(q)
(p) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(r)
(q) This section shall remain in
effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
SEC. 5.SEC. 7.
Section 23575.5 of the Vehicle Code is amended to read:23575.5.
(a) On or before March 1, 2025, the Department of Motor Vehicles shall report data to the Transportation Agency regarding the implementation and efficacy of the program enacted by the act that added this section. The report shall disaggregate data from before and after the implementation of the act that first amended this section.(b) The data described in subdivision (a) shall, at a minimum, include all of the following:
(1) The number of individuals who were required to have a functioning, certified ignition interlock device installed as a result of the program who killed or injured anyone in an accident while
operating a vehicle under the influence of alcohol.
(2) The number of individuals who were required to have a functioning, certified ignition interlock device installed as a result of the program who were convicted of an alcohol-related violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code during the term in which the person was required to have the ignition interlock device installed.
(3) The number of injuries and deaths resulting from alcohol-related motor vehicle accidents between January 1, 2019, and January 1, 2024, inclusive, and during periods of similar duration prior to the implementation of the program.
(4) The number of individuals who have been convicted more than one time for driving under the influence of alcohol between January 1, 2019, and January 1, 2024, inclusive, and periods of similar duration prior to the implementation of the program.
(5) Any other information requested by the Transportation Agency to assess the effectiveness of the statewide ignition interlock device requirement in reducing recidivism for driving-under-the-influence violations.
(c) The Transportation Agency may contract with educational institutions to obtain and analyze the data required by this section.
(d) The Transportation Agency shall assess the program based on the data provided pursuant to subdivision (b) and shall report to
the Legislature on the outcomes of the program no later than January 1, 2026.
(e) The report described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(f) (1) This section shall become operative on January 1, 2019.
(2) This section is repealed as of January 1, 2029, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
This act will require all first time DUI offenders to have an ignition interlock device installed on their vehicle thereby reducing the number of drink drivers on California roads. In order to prevent future drunk driving fatalities at the earliest possible time, it is necessary that this act take effect immediately.
