BILL NUMBER: SB 598 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Huff
FEBRUARY 27, 2009
An act to amend Sections 13386, 23575, and 23646 of the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 598, as introduced, Huff. Vehicles: driving under the influence
(DUI): ignition interlock device.
(1) Existing law makes it unlawful to operate a motor vehicle
while under the influence of alcohol or drugs, or both, or when the
driver has a specified percent, by weight, of alcohol in his or her
blood, or if the driver is addicted to the use of any drug. A
separate provision makes it unlawful to engage in this conduct and to
drive in a certain unlawful manner if that conduct causes bodily
injury to a person other than the driver.
Existing law authorizes a court to order a person convicted of a
first offense for the above driving under the influence (DUI)
violations to install a certified ignition interlock device on any
vehicle the person owns or operates, and to prohibit that person from
driving a vehicle without one for a period not to exceed 3 years.
Once the court orders a person's driving privilege restricted, the
person is required to have the ignition interlock device serviced at
least once every 60 days, and the installer is required to notify the
court if the person fails to comply with the maintenance or
calibration requirements 3 or more times.
This bill would require the court to take into consideration the
results of a county alcohol and drug problem assessment for a first
offense violator who had 0.15% or more, by weight, of alcohol in his
or her blood at arrest or a repeat DUI offender in determining the
term of the ignition interlock restriction. The bill would require a
person required to have a court ordered ignition interlock device on
a vehicle to have the device serviced at least once every 30 days,
and the installer would be required to notify the court the first
time the person failed to comply with the maintenance or calibration
requirements.
(2) Existing law authorizes a person who has been convicted of a
DUI violation and the offense occurred within 10 years of one or more
separate DUI violations to apply to the Department of Motor Vehicles
for a restricted driver's license that prohibits the person from
operating a vehicle unless that vehicle is equipped with a
functioning certified ignition interlock device. A person whose
driving privilege is so restricted by the department is required to
have the ignition interlock device serviced at least once every 60
days, and the installer is required to notify the department if the
person fails to comply with the maintenance or calibration
requirements 3 or more times.
This bill would authorize a person convicted of a DUI violation
where the person had 0.15% or more, by weight, of alcohol in his or
her blood at arrest to apply to the department for a restricted
driver's license that prohibits the person from operating a vehicle
unless that vehicle is equipped with a functioning certified ignition
interlock device. The bill would require a person with an ignition
interlock device on a vehicle pursuant to this provision to have it
serviced at least once every 30 days, and the installer would be
required to notify the department the first time the person failed to
comply with the maintenance or calibration requirements.
(3) Existing law requires the department to develop certain
standard forms and procedures with regard to the certified ignition
interlock device. The "Option to Install" is required to be sent to
repeat offenders along with the mandatory orders of suspension or
revocation and include information on alternatives available for
early license reinstatement with the installation of an ignition
interlock device.
This bill would require that the "Option to Install" also be sent
to an offender with 0.15% or more, by weight, of alcohol in his or
her blood at arrest.
(4) Existing law authorizes a court to order a person convicted of
a DUI violation to attend a county alcohol and drug problem
assessment program. If the person is sentenced under DUI provisions
for first-time offenders and the assessment program recommends
additional treatment, the court is authorized to order the person to
complete either an 18 or 30-month driving under the influence
program.
This bill would require the court to make the order if the
assessment program recommends additional treatment.
(5) Existing law requires a court to order a person convicted of a
DUI violation and the offense occurred within 10 years of one or
more separate DUI violations to attend a county alcohol and drug
problem assessment program.
This bill would additionally require a court to order a person
convicted of a DUI violation where the person had 0.15% or more, by
weight, of alcohol in his or her blood at arrest to attend a county
alcohol and drug problem assessment program.
(6) 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 a
crime.
(7) 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 13386 of the Vehicle Code is amended to read:
13386. (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
(2) (A) The Department of Motor Vehicles 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 the 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.
(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
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines. The cost of certification shall be borne by the
manufacturers of ignition interlock devices. If the certification of
a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
(e) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
(f) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (e) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department. The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
(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 of Motor
Vehicles to repeat offenders and offenders with 0.15 percent or
more, by weight, of alcohol in his or her blood at arrest
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
30 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.
SEC. 2. Section 23575 of the Vehicle Code is amended to read:
23575. (a) (1) (A) 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 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 0.15 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.
(B) 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. For first offense violators
with 0.15 percent or more, by weight, of alcohol in his or her blood
at arrest and for repeat offenders, the court shall take into
consideration the results of a county alcohol and drug problem
assessment pursuant to subdivision (b) of Section 23646 in
determining the term of the ignition interlock restriction.
(C) 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.
(D) The Department of Motor Vehicles shall place the restriction
in the person's records in the Department of Motor Vehicles.
(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 30 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 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 an
ignition interlock device restriction ordered pursuant to
subdivision (a) or (). 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 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 or 23153
that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from operating a
motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(2) If a person is convicted of a violation of Section 23152 or
23153 and the person had 0.15 percent or more, by weight, of alcohol
in his or her blood at the time of arrest, the person may apply to
the Department of Motor Vehicles for a restricted driver's license
that prohibits the person from operating a motor vehicle unless that
vehicle is equipped with a functioning ignition interlock device,
certified pursuant to Section 13386. The restriction shall remain in
effect for at least the remaining period of the original suspension
or revocation and until all reinstatement requirements in Section
13352 are met.
(A) In addition to Section 13352.4, the conditions for a
restricted driver's license described in subparagraphs (C), (D), and
(G) of paragraph (3) of subdivision (a) of Section 13352 shall apply
to a conviction under Section 23152.
(B) The conditions for a restricted driver's license described in
subparagraphs (B) to (F), inclusive, of paragraph (4) of subdivision
(a) of Section 13352 shall apply to a conviction under Section 23153.
(2)
(3) Pursuant to subdivision (g), the Department of
Motor Vehicles shall immediately terminate the restriction issued
pursuant to Section 13352 and shall immediately suspend or revoke the
privilege to operate a motor vehicle of 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 requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352. The privilege shall remain suspended or revoked for
the remaining period of the originating suspension or revocation and
until all reinstatement requirements in Section 13352 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 shall arrange
for each vehicle with an ignition interlock device to be serviced by
the installer at least once every 60 30
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 requirement for the maintenance or calibration of
the ignition interlock device. There is no obligation on the part of
the installer to notify the department or the court if the person
has complied with all of the requirements of this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for a person
convicted of having 0.15 percent or more, by weight, of alcohol in
his or her blood at arrest, or 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.
() 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 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 a vehicle
that 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:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An 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. 3. Section 23646 of the Vehicle Code is amended to read:
23646. (a) Each county alcohol program administrator or the
administrator's designee shall develop, implement, operate, and
administer an alcohol and drug problem assessment program pursuant to
this article for each person described in subdivision (b). The
alcohol and drug problem assessment program may include a referral
and client tracking component.
(b) (1) The court shall order a person to participate in an
alcohol and drug problem assessment program pursuant to this section
and Sections 23647 to 23649, inclusive, and the related regulations
of the State Department of Alcohol and Drug Programs, if the
person was convicted of a violation of Section 23152 or
23153 and had 0.15 percent or more, by weight, of alcohol in his or
her blood at arrest, or if the person was convicted of a
violation of Section 23152 or 23153 that occurred within 10 years of
a separate violation of Section 23152 or 23153 that resulted in a
conviction.
(2) A court may order a person convicted of a violation of Section
23152 or 23153 to attend an alcohol and drug problem assessment
program pursuant to this article.
(3) (A) The court shall order a person convicted of a violation of
Section 23152 or 23153 who has previously been convicted of a
violation of Section 23152 or 23153 that occurred more than 10 years
ago, or has been previously convicted of a violation of subdivision
(f) of Section 647 of the Penal Code, to attend and complete an
alcohol and drug problem assessment program under this article. In
order to determine whether a previous conviction for a violation
occurring more than 10 years ago exists, the court shall rely on
state summary criminal history information, local summary history
information, or records made available to the judge through the
district attorney.
(B) If the program assessment recommends additional treatment, the
court may shall order a person
sentenced under either Section 23538 or 23556 to enroll in
, participate in , and complete either of the programs
described under paragraph (4) of in
subdivision (b) of Section 23542.
(c) The State Department of Alcohol and Drug Programs shall
establish minimum specifications for alcohol and other drug problem
assessments and reports.
SEC. 4. 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.