| 1 | | - | Amended IN Senate April 15, 2021 Amended IN Senate March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 421Introduced by Senator BradfordFebruary 12, 2021 An act to amend Section 1001.95 of the Penal Code, and to amend Sections 13352 1822, 13386, 23540, 23546, and 23575.3 of the Vehicle Code, relating to ignition interlock devices. driving under the influence of alcohol and drugs.LEGISLATIVE COUNSEL'S DIGESTSB 421, as amended, Bradford. Ignition interlock devices. Vehicles: driving under the influence of alcohol and drugs.Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle. A violation of this prohibition, generally, is punishable as a misdemeanor.Existing law authorizes a court to offer misdemeanor diversion to criminal defendants which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication.This bill would place requirements on misdemeanor diversion for persons charged with driving under the influence of alcohol and drugs (DUI), as specified. The bill would limit diversion to persons who have no prior convictions for DUI, and who have not completed diversion for DUI within the past 10 years. The bill would require, as a condition of diversion, for the defendant to install an ignition interlock device, as specified, and to participate in education and counseling programs, as specified.This bill would require the department to include diverted arrests in its tracking of DUI arrest and conviction data.This bill would also require a violation for DUI that is dismissed pursuant to this diversion program to count as a prior conviction for purposes of subsequent convictions for driving under the influence, as specified.Existing law, until January 1, 2026, requires a person, upon a criminal conviction for DUI with a prior conviction for DUI or for driving under the influence and causing injury, to install and maintain an ignition interlock device (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.This bill would instead require a person, upon the persons first criminal conviction for DUI, 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.This bill would give credit towards the court-ordered term of IID installation for any period of time after the arrest that the person voluntarily installs and operates an IID.This bill would place specified recordkeeping requirements upon manufacturers of IIDs.The bill would also would extend the required term of IID installation by 60 days if, within the final 60 days of installation, a driver attempts to start the vehicle when a specified level of alcohol is detected.Existing law requires the Department of Motor Vehicles to suspend or revoke a persons driving privilege upon notification from a court showing that the person has been convicted of driving under the influence of alcohol or another drug, or another specified offense. Existing law, until January 1, 2026, authorizes a person who has had their drivers license suspended by the department to be issued a restricted drivers 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.This bill would extend the operation of the above IID requirements until January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1001.95 of the Penal Code is amended to read:1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(5) A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).(f) (1) On an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).(2) Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:(A) The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.(B) The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.(C) The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.(D) The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.(E) The prosecution does not object to diversion.(3) The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.(4) The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:(A) Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.(B) (i) For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(ii) For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(5) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant.(6) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.SEC. 2. Section 1822 of the Vehicle Code is amended to read:1822. The Legislature finds that driving under the influence of alcohol or drugs continues to be a primary safety issue on the states highways, and the major cause of traffic deaths. It is imperative that violators who drive while under the influence of alcohol or drugs be fully prosecuted under the law. The Legislature also finds that too often violators have not had their driving records at the Department of Motor Vehicles appropriately updated. Therefore, it is the intent of the Legislature that the department, working with the courts, establish and maintain a data and monitoring system to track violations of driving under the influence of alcohol or drugs, including, but not limited to, violations of Article 1.3 (commencing with Section 23136), Article 1.5 (commencing with Section 23140), and Article 2 (commencing with Section 23152), of Chapter 12 of Division 11. The system shall match arrests for driving under the influence of alcohol or drug violations with convictions reported to the department. This data shall include charges that are dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code.SEC. 3. 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 manufacturers 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 manufacturers 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 manufacturers agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturers standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturers 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 departments 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, they operate, 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 on January 1, 2019.(k)(l) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 4. 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 manufacturers 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 manufacturers 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 manufacturers 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 applicants 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, they own or operate, 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. 5. Section 23540 of the Vehicle Code is amended to read:23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.(c)This section shall become operative on September 20, 2005.SEC. 6. Section 23546 of the Vehicle Code is amended to read:23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.SEC. 7. 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 drivers 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 he or she purchases or has they purchase or have 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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. device, or if the device registers a failed start.(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, only one of the following may occur: 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. (i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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) A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.(3)(4) 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, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.(4)(5) 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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75. A person shall receive credit for any period after arrest during which the person voluntarily installs and operates a functioning, certified ignition interlock device on their vehicle.(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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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.(m)(n) This section does not permit a person to drive without a valid drivers license.(n)(o) The requirements of this section are in addition to any other requirements of law.(o)(p) 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 persons 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 persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.(2)(3) Operates includes operating a vehicle that is not owned by the person subject to this section.(3)(4) Owned means solely owned or owned in conjunction with another person or legal entity.(4)(5) 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 vehicles motor is running.(5)(6) 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.(p)(q) 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.(q)(r) This section shall become operative on January 1, 2019.(r)(s) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. |
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| 1 | + | Amended IN Senate March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 421Introduced by Senator BradfordFebruary 12, 2021 An act to amend Section 190 of the Penal Code, relating to murder. An act to amend Sections 13352 and 23575.3 of the Vehicle Code, relating to ignition interlock devices.LEGISLATIVE COUNSEL'S DIGESTSB 421, as amended, Bradford. Homicide. Ignition interlock devices.Existing law requires the Department of Motor Vehicles to suspend or revoke a persons driving privilege upon notification from a court showing that the person has been convicted of driving under the influence of alcohol or another drug, or another specified offense. Existing law, until January 1, 2026, authorizes a person who has had their drivers license suspended by the department to be issued a restricted drivers 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.This bill would extend the operation of the above IID requirements until January 1, 2027.Existing law defines first-degree murder, in part, as all murder that is committed in the perpetration of, or attempt to perpetrate, specified felonies, including arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping. Existing law, as enacted by Proposition 7, approved by voters at the November 7, 1978, statewide general election, prescribes for that crime a penalty of death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law defines 2nd-degree murder as all murder that is not in the first degree and imposes a penalty of imprisonment in the state prison for a term of 15 years to life unless specified other criteria are met.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives 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 persons 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 persons 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 his or her that persons 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 drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers 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 drivers 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.(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons 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 persons blood.(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 vehicles motor is running.(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. (n)This section shall become operative on January 1, 2019. (o)(n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date.SEC. 2. Section 13352 of the Vehicle Code, as added by Section 6 of Chapter 783 of the Statutes of 2016, 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 also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:(1) Except as required under Section 13352.1 or 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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.(2) Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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, participation, 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.(3) Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this 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 he or she they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:(A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.(B) 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 persons 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 persons residence or employment.(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(F) The person provides proof of financial responsibility, as defined in Section 16430.(G) The person pays all reissue fees and any restriction fee required by the department.(H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.(I) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(4) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.(ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(G) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(5) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:(A) Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.(B) 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 persons 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 persons residence or employment.(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(F) The person provides proof of financial responsibility, as defined in Section 16430.(G) 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 persons 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.(H) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(I) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.(J) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(6) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 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 persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(ii) Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) 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 persons 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.(G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(7) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she the person may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.(ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) 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 persons 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.(G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(8) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.(b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, 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) For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons 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 persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.(f) For the purposes of this section, completion of a program is the following:(1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.(2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.(g) The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).(h) This section shall become operative January 1, 2026. 2027.SEC. 3. 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 he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts 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 drivers 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 he or she 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she that person purchases or has access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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.(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, only one of the following may occur:(i) The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii) The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she that person had a restricted drivers 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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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) This section does not permit a person to drive without a valid drivers license.(n) The requirements of this section are in addition to any other requirements of law.(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 persons blood.(2) Operates includes operating a vehicle that is not owned by the person subject to this section.(3) Owned means solely owned or owned in conjunction with another person or legal entity.(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 vehicles motor is running.(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.(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.(q) This section shall become operative on January 1, 2019.(r) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, 2027, deletes or extends that date.SECTION 1.Section 190 of the Penal Code is amended to read:190.(a)(1)A person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5. (2)Except as provided in subdivision (b), (c), or (d), a person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life.(b)Except as provided in subdivision (c), a person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 25 years to life if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of the peace officers duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of the peace officers duties.(c)A person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of life without the possibility of parole if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of the peace officers duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of the peace officers duties, and any of the following facts has been charged and found true:(1)The defendant specifically intended to kill the peace officer.(2)The defendant specifically intended to inflict great bodily injury, as defined in Section 12022.7, on a peace officer.(3)The defendant personally used a dangerous or deadly weapon in the commission of the offense, in violation of subdivision (b) of Section 12022.(4)The defendant personally used a firearm in the commission of the offense, in violation of Section 12022.5.(d)A person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 20 years to life if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury.(e)Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce a minimum term of a sentence imposed pursuant to this section. A person sentenced pursuant to this section shall not be released on parole prior to serving the minimum term of confinement prescribed by this section. |
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| 67 | | - | The people of the State of California do enact as follows:SECTION 1. Section 1001.95 of the Penal Code is amended to read:1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(5) A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).(f) (1) On an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).(2) Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:(A) The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.(B) The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.(C) The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.(D) The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.(E) The prosecution does not object to diversion.(3) The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.(4) The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:(A) Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.(B) (i) For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(ii) For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(5) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant.(6) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.SEC. 2. Section 1822 of the Vehicle Code is amended to read:1822. The Legislature finds that driving under the influence of alcohol or drugs continues to be a primary safety issue on the states highways, and the major cause of traffic deaths. It is imperative that violators who drive while under the influence of alcohol or drugs be fully prosecuted under the law. The Legislature also finds that too often violators have not had their driving records at the Department of Motor Vehicles appropriately updated. Therefore, it is the intent of the Legislature that the department, working with the courts, establish and maintain a data and monitoring system to track violations of driving under the influence of alcohol or drugs, including, but not limited to, violations of Article 1.3 (commencing with Section 23136), Article 1.5 (commencing with Section 23140), and Article 2 (commencing with Section 23152), of Chapter 12 of Division 11. The system shall match arrests for driving under the influence of alcohol or drug violations with convictions reported to the department. This data shall include charges that are dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code.SEC. 3. 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 manufacturers 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 manufacturers 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 manufacturers agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturers standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturers 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 departments 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, they operate, 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 on January 1, 2019.(k)(l) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 4. 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 manufacturers 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 manufacturers 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 manufacturers 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 applicants 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, they own or operate, 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. 5. Section 23540 of the Vehicle Code is amended to read:23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.(c)This section shall become operative on September 20, 2005.SEC. 6. Section 23546 of the Vehicle Code is amended to read:23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.SEC. 7. 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 drivers 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 he or she purchases or has they purchase or have 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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. device, or if the device registers a failed start.(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, only one of the following may occur: 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. (i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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) A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.(3)(4) 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, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.(4)(5) 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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75. A person shall receive credit for any period after arrest during which the person voluntarily installs and operates a functioning, certified ignition interlock device on their vehicle.(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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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.(m)(n) This section does not permit a person to drive without a valid drivers license.(n)(o) The requirements of this section are in addition to any other requirements of law.(o)(p) 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 persons 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 persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.(2)(3) Operates includes operating a vehicle that is not owned by the person subject to this section.(3)(4) Owned means solely owned or owned in conjunction with another person or legal entity.(4)(5) 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 vehicles motor is running.(5)(6) 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.(p)(q) 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.(q)(r) This section shall become operative on January 1, 2019.(r)(s) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. |
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| 48 | + | The people of the State of California do enact as follows:SECTION 1. 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives 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 persons 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 persons 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 his or her that persons 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 drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers 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 drivers 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.(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons 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 persons blood.(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 vehicles motor is running.(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. (n)This section shall become operative on January 1, 2019. (o)(n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date.SEC. 2. Section 13352 of the Vehicle Code, as added by Section 6 of Chapter 783 of the Statutes of 2016, 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 also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:(1) Except as required under Section 13352.1 or 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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.(2) Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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, participation, 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.(3) Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this 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 he or she they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:(A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.(B) 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 persons 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 persons residence or employment.(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(F) The person provides proof of financial responsibility, as defined in Section 16430.(G) The person pays all reissue fees and any restriction fee required by the department.(H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.(I) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(4) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.(ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(G) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(5) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:(A) Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.(B) 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 persons 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 persons residence or employment.(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(F) The person provides proof of financial responsibility, as defined in Section 16430.(G) 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 persons 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.(H) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(I) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.(J) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(6) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 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 persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(ii) Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) 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 persons 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.(G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(7) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she the person may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.(ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) 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 persons 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.(G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(8) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.(b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, 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) For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons 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 persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.(f) For the purposes of this section, completion of a program is the following:(1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.(2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.(g) The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).(h) This section shall become operative January 1, 2026. 2027.SEC. 3. 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 he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts 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 drivers 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 he or she 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she that person purchases or has access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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.(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, only one of the following may occur:(i) The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii) The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she that person had a restricted drivers 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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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) This section does not permit a person to drive without a valid drivers license.(n) The requirements of this section are in addition to any other requirements of law.(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 persons blood.(2) Operates includes operating a vehicle that is not owned by the person subject to this section.(3) Owned means solely owned or owned in conjunction with another person or legal entity.(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 vehicles motor is running.(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.(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.(q) This section shall become operative on January 1, 2019.(r) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, 2027, deletes or extends that date.SECTION 1.Section 190 of the Penal Code is amended to read:190.(a)(1)A person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5. (2)Except as provided in subdivision (b), (c), or (d), a person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life.(b)Except as provided in subdivision (c), a person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 25 years to life if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of the peace officers duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of the peace officers duties.(c)A person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of life without the possibility of parole if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of the peace officers duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of the peace officers duties, and any of the following facts has been charged and found true:(1)The defendant specifically intended to kill the peace officer.(2)The defendant specifically intended to inflict great bodily injury, as defined in Section 12022.7, on a peace officer.(3)The defendant personally used a dangerous or deadly weapon in the commission of the offense, in violation of subdivision (b) of Section 12022.(4)The defendant personally used a firearm in the commission of the offense, in violation of Section 12022.5.(d)A person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 20 years to life if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury.(e)Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce a minimum term of a sentence imposed pursuant to this section. A person sentenced pursuant to this section shall not be released on parole prior to serving the minimum term of confinement prescribed by this section. |
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| 73 | | - | SECTION 1. Section 1001.95 of the Penal Code is amended to read:1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(5) A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).(f) (1) On an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).(2) Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:(A) The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.(B) The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.(C) The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.(D) The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.(E) The prosecution does not object to diversion.(3) The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.(4) The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:(A) Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.(B) (i) For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(ii) For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(5) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant.(6) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings. |
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| 54 | + | SECTION 1. 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives 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 persons 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 persons 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 his or her that persons 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 drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers 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 drivers 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.(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons 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 persons blood.(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 vehicles motor is running.(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. (n)This section shall become operative on January 1, 2019. (o)(n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date. |
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| 79 | | - | 1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(5) A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).(f) (1) On an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).(2) Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:(A) The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.(B) The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.(C) The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.(D) The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.(E) The prosecution does not object to diversion.(3) The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.(4) The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:(A) Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.(B) (i) For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(ii) For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(5) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant.(6) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings. |
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| 60 | + | 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives 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 persons 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 persons 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 his or her that persons 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 drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers 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 drivers 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.(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons 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 persons blood.(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 vehicles motor is running.(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. (n)This section shall become operative on January 1, 2019. (o)(n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date. |
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| 81 | | - | 1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(5) A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).(f) (1) On an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).(2) Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:(A) The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.(B) The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.(C) The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.(D) The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.(E) The prosecution does not object to diversion.(3) The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.(4) The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:(A) Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.(B) (i) For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(ii) For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(5) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant.(6) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings. |
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| 62 | + | 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives 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 persons 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 persons 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 his or her that persons 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 drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers 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 drivers 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.(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons 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 persons blood.(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 vehicles motor is running.(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. (n)This section shall become operative on January 1, 2019. (o)(n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date. |
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| 83 | | - | 1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judges discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendants specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(5) A violation involving driving under the influence of alcohol, drugs, or the combined influence of both, except as provided in subdivision (f).(f) (1) On an accusatory pleading alleging a violation of Section 23152 of the Vehicle Code, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this subdivision if the defendant meets all of the requirements specified in paragraph (2).(2) Pretrial diversion may be granted pursuant to this subdivision if all of the following criteria are met:(A) The defendant has not previously been convicted of any violation of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code.(B) The defendant is not currently enrolled in, and has not in the previous 10 years completed, diversion pursuant to this chapter.(C) The defendant does not hold a commercial drivers license, as defined in Section 15210 of the Vehicle Code.(D) The offense did not occur while operating a commercial vehicle, as defined in Section 15210 of the Vehicle Code.(E) The prosecution does not object to diversion.(3) The court may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the court deems appropriate based on the defendants specific situation.(4) The terms of diversion granted pursuant to this subdivision shall include, without limitation, both of the following:(A) Installation of an ignition interlock device, pursuant to Section 23575.3 of the Vehicle Code, for a period of not less than 12 months, as ordered by the court.(B) (i) For a defendant who had less than 0.2 percent, by weight, of alcohol in their blood, participation for no less than three months, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(ii) For a defendant who had 0.2 percent or more, by weight, of alcohol in their blood, or who refused to submit to a chemical test, participation for no less than nine months, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(5) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the court shall dismiss the action against the defendant.(6) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings. |
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| 64 | + | 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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 he or she they may apply to the department for a restricted drivers 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers 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 persons 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 persons 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 persons 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives 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 persons 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 persons 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 his or her that persons 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 drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers 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 drivers 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.(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons 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 persons blood.(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 vehicles motor is running.(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. (n)This section shall become operative on January 1, 2019. (o)(n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date. |
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| 137 | | - | SEC. 2. Section 1822 of the Vehicle Code is amended to read: |
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| 118 | + | (B) The restriction shall remain in effect for the period required in subdivision (e). |
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| 119 | + | |
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| 120 | + | (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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 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 he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 121 | + | |
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| 122 | + | (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. |
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| 123 | + | |
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| 124 | + | (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 125 | + | |
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| 126 | + | (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 persons county of residence or employment. |
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| 127 | + | |
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| 128 | + | (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 persons residence or employment. |
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| 129 | + | |
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| 130 | + | (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). |
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| 131 | + | |
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| 132 | + | (iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol. |
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| 133 | + | |
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| 134 | + | (v) The person does both of the following: |
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| 135 | + | |
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| 136 | + | (I) Submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 137 | + | |
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| 138 | + | (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). |
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| 139 | + | |
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| 140 | + | (vi) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 141 | + | |
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| 142 | + | (vii) The person pays all reissue fees and any restriction fee required by the department. |
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| 143 | + | |
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| 144 | + | (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. |
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| 145 | + | |
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| 146 | + | (B) The restriction shall remain in effect for the period required in subdivision (e). |
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| 147 | + | |
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| 148 | + | (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 gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 149 | + | |
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| 150 | + | (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. |
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| 151 | + | |
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| 152 | + | (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 153 | + | |
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| 154 | + | (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 persons county of residence or employment. |
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| 155 | + | |
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| 156 | + | (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 persons residence or employment. |
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| 157 | + | |
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| 158 | + | (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). |
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| 159 | + | |
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| 160 | + | (iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol. |
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| 161 | + | |
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| 162 | + | (v) The person does both of the following: |
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| 163 | + | |
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| 164 | + | (I) Submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 165 | + | |
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| 166 | + | (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). |
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| 167 | + | |
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| 168 | + | (vi) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 169 | + | |
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| 170 | + | (vii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 171 | + | |
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| 172 | + | (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. |
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| 173 | + | |
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| 174 | + | (B) The restriction shall remain in effect for the period required in subdivision (e). |
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| 175 | + | |
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| 176 | + | (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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 177 | + | |
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| 178 | + | (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. |
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| 179 | + | |
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| 180 | + | (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 181 | + | |
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| 182 | + | (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 persons county of residence or employment. |
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| 183 | + | |
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| 184 | + | (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 persons residence or employment. |
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| 185 | + | |
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| 186 | + | (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). |
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| 187 | + | |
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| 188 | + | (iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol. |
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| 189 | + | |
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| 190 | + | (v) The person does both of the following: |
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| 191 | + | |
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| 192 | + | (I) Submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 193 | + | |
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| 194 | + | (II) Agrees to maintain the functioning, certified ignition interlock device as required under Section 23575.3, if applicable. |
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| 195 | + | |
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| 196 | + | (vi) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 197 | + | |
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| 198 | + | (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 persons 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. |
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| 199 | + | |
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| 200 | + | (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 201 | + | |
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| 202 | + | (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. |
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| 203 | + | |
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| 204 | + | (B) The restriction shall remain in effect for the period required in subdivision (e). |
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| 205 | + | |
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| 206 | + | (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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 207 | + | |
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| 208 | + | (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. |
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| 209 | + | |
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| 210 | + | (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 211 | + | |
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| 212 | + | (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 persons residence or employment. |
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| 213 | + | |
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| 214 | + | (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 persons county of residence or employment. |
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| 215 | + | |
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| 216 | + | (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). |
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| 217 | + | |
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| 218 | + | (iv) The person complies with Section 23575.3, if the underlying conviction involved alcohol. |
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| 219 | + | |
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| 220 | + | (v) The person does both of the following: |
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| 221 | + | |
|---|
| 222 | + | (I) Submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 223 | + | |
|---|
| 224 | + | (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). |
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| 225 | + | |
|---|
| 226 | + | (vi) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 227 | + | |
|---|
| 228 | + | (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 persons 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. |
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| 229 | + | |
|---|
| 230 | + | (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 231 | + | |
|---|
| 232 | + | (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. |
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| 233 | + | |
|---|
| 234 | + | (B) The restriction shall remain in effect for the period required in subdivision (e). |
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| 235 | + | |
|---|
| 236 | + | (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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
|---|
| 237 | + | |
|---|
| 238 | + | (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. |
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| 239 | + | |
|---|
| 240 | + | (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 241 | + | |
|---|
| 242 | + | (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 persons county of residence or employment. |
|---|
| 243 | + | |
|---|
| 244 | + | (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 persons residence or employment. |
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| 245 | + | |
|---|
| 246 | + | (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). |
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| 247 | + | |
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| 248 | + | (iv) The person complies with Section 23575.3, if the underlying conviction involved alcohol. |
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| 249 | + | |
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| 250 | + | (v) The person does both of the following: |
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| 251 | + | |
|---|
| 252 | + | (I) Submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
|---|
| 253 | + | |
|---|
| 254 | + | (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). |
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| 255 | + | |
|---|
| 256 | + | (vi) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 257 | + | |
|---|
| 258 | + | (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 persons 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. |
|---|
| 259 | + | |
|---|
| 260 | + | (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 261 | + | |
|---|
| 262 | + | (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. |
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| 263 | + | |
|---|
| 264 | + | (B) The restriction shall remain in effect for the period required in subdivision (e). |
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| 265 | + | |
|---|
| 266 | + | (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 gives proof of financial responsibility, as defined in Section 16430. |
|---|
| 267 | + | |
|---|
| 268 | + | (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 gives proof of financial responsibility, as defined in Section 16430. |
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| 269 | + | |
|---|
| 270 | + | (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. |
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| 271 | + | |
|---|
| 272 | + | (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. |
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| 273 | + | |
|---|
| 274 | + | (d) A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction. |
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| 275 | + | |
|---|
| 276 | + | (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. |
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| 277 | + | |
|---|
| 278 | + | (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 persons 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 persons 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. |
|---|
| 279 | + | |
|---|
| 280 | + | (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. |
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| 281 | + | |
|---|
| 282 | + | (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 his or her that persons privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied. |
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| 283 | + | |
|---|
| 284 | + | (g) For the purposes of this section, completion of a program is the following: |
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| 285 | + | |
|---|
| 286 | + | (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. |
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| 287 | + | |
|---|
| 288 | + | (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. |
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| 289 | + | |
|---|
| 290 | + | (h) (1) The holder of a commercial drivers 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 persons driving privilege pursuant to this section is not eligible for the restricted drivers license authorized under paragraphs (1) to (7), inclusive, of subdivision (a). |
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| 291 | + | |
|---|
| 292 | + | (2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial drivers 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). |
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| 293 | + | |
|---|
| 294 | + | (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. |
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| 295 | + | |
|---|
| 296 | + | (j) The reinstatement of the driving privilege pursuant to this section does not abrogate a persons continuing duty to comply with any restriction imposed pursuant to Section 23575.3. |
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| 297 | + | |
|---|
| 298 | + | (k) For purposes of this section, bypass means either of the following: |
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| 299 | + | |
|---|
| 300 | + | (1) Failure to take any random retest. |
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| 301 | + | |
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| 302 | + | (2) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the persons blood. |
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| 303 | + | |
|---|
| 304 | + | (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 vehicles motor is running. |
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| 305 | + | |
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| 306 | + | (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. |
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| 307 | + | |
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| 308 | + | (n)This section shall become operative on January 1, 2019. |
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| 309 | + | |
|---|
| 310 | + | |
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| 311 | + | |
|---|
| 312 | + | (o) |
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| 313 | + | |
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| 314 | + | |
|---|
| 315 | + | |
|---|
| 316 | + | (n) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2027, deletes or extends that date. |
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| 317 | + | |
|---|
| 318 | + | SEC. 2. Section 13352 of the Vehicle Code, as added by Section 6 of Chapter 783 of the Statutes of 2016, 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 also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:(1) Except as required under Section 13352.1 or 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 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.(2) Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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, participation, 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.(3) Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this 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 he or she they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:(A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.(B) 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 persons 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 persons residence or employment.(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(F) The person provides proof of financial responsibility, as defined in Section 16430.(G) The person pays all reissue fees and any restriction fee required by the department.(H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.(I) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(4) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment.(ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(G) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(5) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:(A) Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.(B) 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 persons 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 persons residence or employment.(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(F) The person provides proof of financial responsibility, as defined in Section 16430.(G) 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 persons 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.(H) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(I) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.(J) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(6) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 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 persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(ii) Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) 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 persons 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.(G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(7) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she the person may apply to the department for a restricted drivers license if the person meets all of the following requirements:(A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:(i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment.(ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment.(B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).(C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.(D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.(E) The person provides proof of financial responsibility, as defined in Section 16430.(F) 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 persons 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.(G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.(8) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section 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 gives proof of financial responsibility, as defined in Section 16430.(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.(b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, 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) For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons 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 persons driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.(f) For the purposes of this section, completion of a program is the following:(1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.(2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.(g) The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).(h) This section shall become operative January 1, 2026. 2027. |
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| 319 | + | |
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| 320 | + | SEC. 2. Section 13352 of the Vehicle Code, as added by Section 6 of Chapter 783 of the Statutes of 2016, is amended to read: |
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| 153 | | - | SEC. 3. Section 13386 of the Vehicle Code, as added by Section 16 of Chapter 485 of the Statutes of 2017, is amended to read: |
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| 336 | + | (2) Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 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, participation, 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. |
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| 337 | + | |
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| 338 | + | (3) Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this 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 he or she they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements: |
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| 339 | + | |
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| 340 | + | (A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. |
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| 341 | + | |
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| 342 | + | (B) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 343 | + | |
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| 344 | + | (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 persons county of residence or employment. |
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| 345 | + | |
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| 346 | + | (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 persons residence or employment. |
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| 347 | + | |
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| 348 | + | (C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B). |
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| 349 | + | |
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| 350 | + | (D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 351 | + | |
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| 352 | + | (E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. |
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| 353 | + | |
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| 354 | + | (F) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 355 | + | |
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| 356 | + | (G) The person pays all reissue fees and any restriction fee required by the department. |
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| 357 | + | |
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| 358 | + | (H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. |
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| 359 | + | |
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| 360 | + | (I) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575. |
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| 361 | + | |
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| 362 | + | (4) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in 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 after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 363 | + | |
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| 364 | + | (A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 365 | + | |
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| 366 | + | (i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the persons county of residence or employment. |
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| 367 | + | |
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| 368 | + | (ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment. |
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| 369 | + | |
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| 370 | + | (B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A). |
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| 371 | + | |
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| 372 | + | (C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 373 | + | |
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| 374 | + | (D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. |
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| 375 | + | |
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| 376 | + | (E) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 377 | + | |
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| 378 | + | (F) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 379 | + | |
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| 380 | + | (G) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575. |
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| 381 | + | |
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| 382 | + | (5) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives 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 persons county of residence or employment, or, if available in the county of the persons 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 he or she they may apply to the department for a restricted drivers license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements: |
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| 383 | + | |
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| 384 | + | (A) Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. |
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| 385 | + | |
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| 386 | + | (B) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 387 | + | |
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| 388 | + | (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 persons county of residence or employment. |
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| 389 | + | |
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| 390 | + | (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 persons residence or employment. |
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| 391 | + | |
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| 392 | + | (C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B). |
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| 393 | + | |
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| 394 | + | (D) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 395 | + | |
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| 396 | + | (E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. |
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| 397 | + | |
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| 398 | + | (F) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 399 | + | |
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| 400 | + | (G) 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 persons 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. |
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| 401 | + | |
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| 402 | + | (H) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 403 | + | |
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| 404 | + | (I) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. |
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| 405 | + | |
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| 406 | + | (J) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575. |
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| 407 | + | |
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| 408 | + | (6) 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 gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she they may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 409 | + | |
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| 410 | + | (A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 411 | + | |
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| 412 | + | (i) Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment. |
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| 413 | + | |
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| 414 | + | (ii) Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment. |
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| 415 | + | |
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| 416 | + | (B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A). |
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| 417 | + | |
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| 418 | + | (C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 419 | + | |
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| 420 | + | (D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. |
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| 421 | + | |
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| 422 | + | (E) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 423 | + | |
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| 424 | + | (F) 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 persons 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. |
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| 425 | + | |
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| 426 | + | (G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 427 | + | |
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| 428 | + | (H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575. |
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| 429 | + | |
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| 430 | + | (7) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, 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 gives 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 persons county of residence or employment, or, if available in the county of the persons 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 after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, he or she the person may apply to the department for a restricted drivers license if the person meets all of the following requirements: |
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| 431 | + | |
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| 432 | + | (A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: |
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| 433 | + | |
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| 434 | + | (i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the persons county of residence or employment. |
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| 435 | + | |
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| 436 | + | (ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the persons residence or employment. |
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| 437 | + | |
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| 438 | + | (B) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A). |
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| 439 | + | |
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| 440 | + | (C) The person submits the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386. |
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| 441 | + | |
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| 442 | + | (D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. |
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| 443 | + | |
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| 444 | + | (E) The person provides proof of financial responsibility, as defined in Section 16430. |
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| 445 | + | |
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| 446 | + | (F) 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 persons 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. |
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| 447 | + | |
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| 448 | + | (G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. |
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| 449 | + | |
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| 450 | + | (H) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575. |
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| 451 | + | |
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| 452 | + | (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 gives proof of financial responsibility, as defined in Section 16430. |
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| 453 | + | |
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| 454 | + | (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 gives proof of financial responsibility, as defined in Section 16430. |
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| 455 | + | |
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| 456 | + | (b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction. |
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| 457 | + | |
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| 458 | + | (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. |
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| 459 | + | |
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| 460 | + | (d) A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction. |
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| 461 | + | |
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| 462 | + | (e) For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the persons 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 persons 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. |
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| 463 | + | |
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| 464 | + | (f) For the purposes of this section, completion of a program is the following: |
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| 465 | + | |
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| 466 | + | (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. |
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| 467 | + | |
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| 468 | + | (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. |
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| 469 | + | |
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| 470 | + | (g) The holder of a commercial drivers license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the persons noncommercial driving privilege under this section is not eligible for the restricted drivers license authorized under paragraphs (3) to (7), inclusive, of subdivision (a). |
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| 471 | + | |
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| 472 | + | (h) This section shall become operative January 1, 2026. 2027. |
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| 473 | + | |
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| 474 | + | SEC. 3. 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 he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts 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 drivers 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 he or she 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she that person purchases or has access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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.(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, only one of the following may occur:(i) The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii) The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she that person had a restricted drivers 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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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) This section does not permit a person to drive without a valid drivers license.(n) The requirements of this section are in addition to any other requirements of law.(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 persons blood.(2) Operates includes operating a vehicle that is not owned by the person subject to this section.(3) Owned means solely owned or owned in conjunction with another person or legal entity.(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 vehicles motor is running.(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.(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.(q) This section shall become operative on January 1, 2019.(r) This section shall remain in effect only until January 1, 2026, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, 2027, deletes or extends that date. |
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| 475 | + | |
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| 476 | + | SEC. 3. Section 23575.3 of the Vehicle Code is amended to read: |
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| 167 | | - | (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. |
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| 168 | | - | |
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| 169 | | - | (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: |
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| 170 | | - | |
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| 171 | | - | (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. |
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| 172 | | - | |
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| 173 | | - | (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. |
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| 174 | | - | |
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| 175 | | - | (C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices. |
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| 176 | | - | |
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| 177 | | - | (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. |
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| 178 | | - | |
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| 179 | | - | (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. |
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| 180 | | - | |
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| 181 | | - | (c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria. |
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| 182 | | - | |
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| 183 | | - | (d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturers 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. |
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| 184 | | - | |
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| 185 | | - | (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. |
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| 186 | | - | |
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| 187 | | - | (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. |
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| 188 | | - | |
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| 189 | | - | (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: |
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| 190 | | - | |
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| 191 | | - | (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. |
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| 192 | | - | |
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| 193 | | - | (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 manufacturers agent. |
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| 194 | | - | |
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| 195 | | - | (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. |
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| 196 | | - | |
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| 197 | | - | (h) The department shall develop rules under which every manufacturer and manufacturers agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturers standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturers 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 departments approval for the manufacturer to market ignition interlock devices in this state. |
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| 198 | | - | |
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| 199 | | - | (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. |
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| 200 | | - | |
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| 201 | | - | (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. |
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| 202 | | - | |
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| 203 | | - | (3) A participant file shall be stored in either paper or electronic format, as determined by the manufacturer. |
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| 204 | | - | |
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| 205 | | - | (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. |
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| 206 | | - | |
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| 207 | | - | (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. |
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| 208 | | - | |
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| 209 | | - | (i) |
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| 210 | | - | |
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| 211 | | - | |
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| 212 | | - | |
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| 213 | | - | (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, they operate, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements. |
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| 214 | | - | |
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| 215 | | - | (j) |
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| 216 | | - | |
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| 217 | | - | |
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| 218 | | - | |
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| 219 | | - | (k) This section shall become operative on January 1, 2019. |
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| 220 | | - | |
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| 221 | | - | (k) |
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| 222 | | - | |
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| 223 | | - | |
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| 224 | | - | |
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| 225 | | - | (l) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 226 | | - | |
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| 227 | | - | SEC. 4. 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 manufacturers 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 manufacturers 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 manufacturers 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 applicants 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, they own or operate, 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. |
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| 228 | | - | |
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| 229 | | - | SEC. 4. Section 13386 of the Vehicle Code, as added by Section 22 of Chapter 783 of the Statutes of 2016, is amended to read: |
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| 230 | | - | |
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| 231 | | - | ### SEC. 4. |
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| 232 | | - | |
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| 233 | | - | 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 manufacturers 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 manufacturers 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 manufacturers 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 applicants 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, they own or operate, 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. |
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| 234 | | - | |
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| 235 | | - | 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 manufacturers 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 manufacturers 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 manufacturers 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 applicants 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, they own or operate, 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. |
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| 236 | | - | |
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| 237 | | - | 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 manufacturers 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 manufacturers 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 manufacturers 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 applicants 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, they own or operate, 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. |
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| 238 | | - | |
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| 239 | | - | |
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| 240 | | - | |
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| 241 | | - | 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. |
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| 242 | | - | |
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| 243 | | - | (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. |
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| 244 | | - | |
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| 245 | | - | (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: |
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| 246 | | - | |
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| 247 | | - | (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. |
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| 248 | | - | |
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| 249 | | - | (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. |
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| 250 | | - | |
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| 251 | | - | (C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices. |
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| 252 | | - | |
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| 253 | | - | (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. |
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| 254 | | - | |
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| 255 | | - | (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. |
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| 256 | | - | |
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| 257 | | - | (c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria. |
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| 258 | | - | |
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| 259 | | - | (d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturers 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. |
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| 260 | | - | |
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| 261 | | - | (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. |
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| 262 | | - | |
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| 263 | | - | (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. |
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| 264 | | - | |
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| 265 | | - | (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: |
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| 266 | | - | |
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| 267 | | - | (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. |
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| 268 | | - | |
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| 269 | | - | (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 manufacturers agent. |
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| 270 | | - | |
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| 271 | | - | (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. |
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| 272 | | - | |
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| 273 | | - | (h) Every manufacturer and manufacturers 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 applicants ability to pay. |
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| 274 | | - | |
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| 275 | | - | (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. |
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| 276 | | - | |
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| 277 | | - | (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. |
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| 278 | | - | |
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| 279 | | - | (3) A participant file shall be stored in either paper or electronic format, as determined by the manufacturer. |
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| 280 | | - | |
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| 281 | | - | (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. |
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| 282 | | - | |
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| 283 | | - | (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. |
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| 284 | | - | |
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| 285 | | - | (i) |
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| 286 | | - | |
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| 287 | | - | |
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| 288 | | - | |
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| 289 | | - | (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, they own or operate, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements. |
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| 290 | | - | |
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| 291 | | - | (j) |
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| 292 | | - | |
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| 293 | | - | |
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| 294 | | - | |
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| 295 | | - | (k) This section shall become operative January 1, 2026. |
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| 296 | | - | |
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| 297 | | - | SEC. 5. Section 23540 of the Vehicle Code is amended to read:23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.(c)This section shall become operative on September 20, 2005. |
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| 298 | | - | |
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| 299 | | - | SEC. 5. Section 23540 of the Vehicle Code is amended to read: |
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| 300 | | - | |
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| 301 | | - | ### SEC. 5. |
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| 302 | | - | |
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| 303 | | - | 23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.(c)This section shall become operative on September 20, 2005. |
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| 304 | | - | |
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| 305 | | - | 23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.(c)This section shall become operative on September 20, 2005. |
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| 306 | | - | |
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| 307 | | - | 23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5.(c)This section shall become operative on September 20, 2005. |
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| 308 | | - | |
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| 309 | | - | |
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| 310 | | - | |
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| 311 | | - | 23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, or a violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the drivers license to the court in accordance with Section 13550. |
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| 312 | | - | |
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| 313 | | - | (b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted drivers license required under Section 13352.5. |
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| 314 | | - | |
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| 315 | | - | (c)This section shall become operative on September 20, 2005. |
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| 316 | | - | |
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| 317 | | - | |
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| 318 | | - | |
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| 319 | | - | SEC. 6. Section 23546 of the Vehicle Code is amended to read:23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. |
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| 320 | | - | |
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| 321 | | - | SEC. 6. Section 23546 of the Vehicle Code is amended to read: |
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| 322 | | - | |
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| 323 | | - | ### SEC. 6. |
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| 324 | | - | |
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| 325 | | - | 23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. |
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| 326 | | - | |
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| 327 | | - | 23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. |
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| 328 | | - | |
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| 329 | | - | 23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. |
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| 330 | | - | |
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| 331 | | - | |
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| 332 | | - | |
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| 333 | | - | 23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, including any violation of Section 23152 that was dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their drivers license to the court in accordance with Section 13550. |
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| 334 | | - | |
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| 335 | | - | (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. |
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| 336 | | - | |
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| 337 | | - | SEC. 7. 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 drivers 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 he or she purchases or has they purchase or have 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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. device, or if the device registers a failed start.(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, only one of the following may occur: 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. (i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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) A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.(3)(4) 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, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.(4)(5) 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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75. A person shall receive credit for any period after arrest during which the person voluntarily installs and operates a functioning, certified ignition interlock device on their vehicle.(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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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.(m)(n) This section does not permit a person to drive without a valid drivers license.(n)(o) The requirements of this section are in addition to any other requirements of law.(o)(p) 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 persons 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 persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.(2)(3) Operates includes operating a vehicle that is not owned by the person subject to this section.(3)(4) Owned means solely owned or owned in conjunction with another person or legal entity.(4)(5) 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 vehicles motor is running.(5)(6) 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.(p)(q) 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.(q)(r) This section shall become operative on January 1, 2019.(r)(s) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. |
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| 339 | | - | SEC. 7. Section 23575.3 of the Vehicle Code is amended to read: |
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| 341 | | - | ### SEC. 7. |
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| 343 | | - | 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 drivers 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 he or she purchases or has they purchase or have 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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. device, or if the device registers a failed start.(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, only one of the following may occur: 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. (i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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) A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.(3)(4) 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, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.(4)(5) 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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75. A person shall receive credit for any period after arrest during which the person voluntarily installs and operates a functioning, certified ignition interlock device on their vehicle.(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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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.(m)(n) This section does not permit a person to drive without a valid drivers license.(n)(o) The requirements of this section are in addition to any other requirements of law.(o)(p) 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 persons 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 persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.(2)(3) Operates includes operating a vehicle that is not owned by the person subject to this section.(3)(4) Owned means solely owned or owned in conjunction with another person or legal entity.(4)(5) 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 vehicles motor is running.(5)(6) 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.(p)(q) 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.(q)(r) This section shall become operative on January 1, 2019.(r)(s) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. |
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| 345 | | - | 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 drivers 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 he or she purchases or has they purchase or have 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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. device, or if the device registers a failed start.(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, only one of the following may occur: 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. (i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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) A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.(3)(4) 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, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.(4)(5) 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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75. A person shall receive credit for any period after arrest during which the person voluntarily installs and operates a functioning, certified ignition interlock device on their vehicle.(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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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.(m)(n) This section does not permit a person to drive without a valid drivers license.(n)(o) The requirements of this section are in addition to any other requirements of law.(o)(p) 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 persons 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 persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.(2)(3) Operates includes operating a vehicle that is not owned by the person subject to this section.(3)(4) Owned means solely owned or owned in conjunction with another person or legal entity.(4)(5) 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 vehicles motor is running.(5)(6) 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.(p)(q) 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.(q)(r) This section shall become operative on January 1, 2019.(r)(s) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. |
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| 347 | | - | 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is 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 courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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 drivers 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 he or she purchases or has they purchase or have 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 his or her their residence.(C) The person no longer has access to the vehicle he or she was they were driving at the time he or she was they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that he or she is they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(E) The person acknowledges that he or she is they are required to have a valid drivers license before he or she they can drive.(F) The person acknowledges that he or she is they are subject to the requirements of this section when he or she purchases or has they purchase or have access to a vehicle.(e) In addition to any other restrictions the department places on the drivers license record of the convicted person when the person is issued a restricted drivers license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the drivers 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. device, or if the device registers a failed start.(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, only one of the following may occur: 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. (i)The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the drivers 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.(ii)The person may apply to the department for a restriction of the driving privilege under Section 13352.4.(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.(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) A person charged with a violation of Section 23152 who enrolls in diversion pursuant to subdivision (f) of Section 1001.95 of the Penal Code shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for the term specified by the court.(3)(4) 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, or a violation of Section 23152 dismissed pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that occurred within 10 years of the current violation.(4)(5) 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 drivers license pursuant to Section 13352. A person shall receive credit for any period in which he or she the person had a restricted drivers license issued pursuant to Section 13353.6 or 13353.75. A person shall receive credit for any period after arrest during which the person voluntarily installs and operates a functioning, certified ignition interlock device on their vehicle.(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 manufacturers 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 persons 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 manufacturers 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 manufacturers 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 manufacturers 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 manufacturers agent or authorized installer is responsible for 50 percent of the cost of the manufacturers 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 manufacturers 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 offenders 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 years 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 manufacturers 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.(m)(n) This section does not permit a person to drive without a valid drivers license.(n)(o) The requirements of this section are in addition to any other requirements of law.(o)(p) 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 persons 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 persons blood, unless a subsequent test performed within 10 minutes registers a breath alcohol concentration not exceeding 0.03 percent.(2)(3) Operates includes operating a vehicle that is not owned by the person subject to this section.(3)(4) Owned means solely owned or owned in conjunction with another person or legal entity.(4)(5) 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 vehicles motor is running.(5)(6) 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.(p)(q) 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.(q)(r) This section shall become operative on January 1, 2019.(r)(s) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. |
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| 351 | | - | 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) or a person enrolling in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, that he or she is they are required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section. |
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| 353 | | - | (b) The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (h), or notice that a person is enrolled in diversion for a violation of Section 23152 pursuant to subdivision (f) of Section 1001.95 of the Penal Code, 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. |
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| 490 | + | (b) The Department of Motor Vehicles, upon receipt of the courts 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. |
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