Bill Text: CA SB55 | 2013-2014 | Regular Session | Amended
Bill Title: Ignition interlock devices: repeat driving under the influence offenders.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed - Dead) 2013-08-30 - Set, first hearing. Referred to APPR. suspense file. Held in committee and under submission. [SB55 Detail]
Download: California-2013-SB55-Amended.html
BILL NUMBER: SB 55 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 6, 2013
INTRODUCED BY Senator Hill
( Principal coauthor: Assembly Member
Cooley )
( Coauthor:
Assembly Member Cooley )
DECEMBER 28, 2012
An act to amend Section 23576 of, and to add and repeal
Chapter 5.1 (commencing with Section 23710) to
of Division 11.5 of of, the
Vehicle Code, relating to ignition interlock devices.
LEGISLATIVE COUNSEL'S DIGEST
SB 55, as amended, Hill. Ignition interlock devices: repeat
driving under the influence offenders.
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 and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law also 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, commencing July 1, 2014,
2015, establish a statutory scheme under which, as a condition
of being issued a restricted driver's license, being reissued a
driver's license, or having the privilege to operate a motor vehicle
reinstated for a 2nd or subsequent conviction for a
an alcohol -related violation of the
above offenses, a person would be required to install for a specified
period of time an ignition interlock device on all vehicles he or
she owns or operates, except as provided. The amount of time the
ignition interlock device would be required to be installed would be
based upon the number of convictions, as prescribed. The bill would
require the department, with regard to the installation of an
ignition interlock device described above, to notify the person of
the ignition interlock device installation requirements established
under the bill, accept notification from the installer of the
ignition interlock device of attempts to remove, bypass, or tamper
with the ignition interlock device or if the person fails 3 or more
times to comply with the maintenance requirements, monitor the
installation and maintenance of the ignition interlock device, and
keep specified records. The bill would also require that
manufacturers and manufacturer's agents, certified by the department
to provide ignition interlock devices, adopt a fee schedule for
payment of the costs of the ignition interlock device based on the
offender's ability to pay, and would require the court to adopt a
similar fee schedule with regard to the fees for the county alcohol
and drug problem assessment program. The bill would repeal these
provisions on January 1, 2016.
Because it is a crime to operate a vehicle that is not equipped
with a functioning, certified ignition 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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23576 of the Vehicle
Code is amended to read:
23576. (a) Notwithstanding Sections 23575 and 23700, or
Section 23710, 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 Sections 23575 and 23700
, or pursuant to Section 23710, and if the person has
proof of that 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 Sections
23575 and 23700, or Section 23710, is not a motor vehicle
owned by the employer subject to the exemption in subdivision (a).
SECTION 1. SEC. 2. Chapter 5.1
(commencing with Section 23710) is added to Division 11.5 of the
Vehicle Code, to read:
CHAPTER 5.1. REPEAT OFFENDER IGNITION INTERLOCK DEVICES
23710. (a) (1) Notwithstanding any other provision of
law, and except as provided in Section 23700,
the Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), 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.
(2) The department 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.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Provide the department proof of installation by submitting the
"Verification of Installation" form described in paragraph (2) of
subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the reasonable costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) 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.
(B) 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.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a an alcohol
-related violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(ii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iii) Upon a fourth offense or any subsequent violation, the
person shall install an ignition interlock device in all vehicles
owned or operated by that person for a mandatory term of 36 months.
(B) A person convicted of a an alcohol
-related violation of Section 23153 shall install an
ignition interlock device, as follows:
(i) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(ii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months.
(iii) Upon a fourth offense or any subsequent violation, the
person shall install an ignition interlock device in all vehicles
owned or operated by that person for a mandatory term of 48 months.
(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision 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 his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (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 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 and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(c) This section does not permit a person to drive without a valid
driver's license.
(d) The requirements of this section are in addition to any other
requirements of law. A person subject to this section shall comply
with all applicable provisions of Section 13352 before a driver's
license may be issued, reissued, or returned to the person.
(e) 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 an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(f) The department shall utilize best practices and use
information collected from the implementation of the pilot program
established pursuant to Section 23700 in implementing this section.
(g) Personally identifiable information that is obtained by any
ignition interlock company pertaining to offenders who are subject to
the provisions of this chapter shall not be disclosed, sold, or
transferred to any third party, except to provide information that
the offender successfully fulfilled or did not successfully fulfill
the requirements of this chapter.
(f)
(h) This section shall become operative on July 1,
2014 2015 .
(g)
(i) This section chapter
shall remain in effect only until January 1, 2016, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2016, deletes or extends that date.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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.
