CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 981Introduced by Assembly Member GipsonFebruary 20, 2025 An act to add Division 11.6 (commencing with Section 23700) to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 981, as introduced, Gipson. Vehicles: active intelligent speed assist devices.Existing law requires, until January 1, 2026, a person who has been convicted on or after January 1, 2019, of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a period of time, as ordered by the court, an ignition interlock device (IID) on the vehicle they operate. Installation of an IID is discretionary for a first offender, as specified. Existing law also requires persons convicted of driving under the influence of a drug to install an IID. Existing law specifies periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an IID, as specified. A violation of the Vehicle Code is a crime punishable as an infraction, unless otherwise specified.This bill would impose a similar requirement for persons convicted of specified driving offenses relating to excessive speed, reckless driving, and exhibitions of speed to install for a period of time, as ordered by the court, a certified active intelligent speed assist device (ISA) on any vehicle the person operates. The bill would similarly make the installation of an ISA discretionary for a first offender, as specified. The bill would establish periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an ISA, as specified. The bill would require the Department of Motor Vehicles to create a verification installation form to be submitted by persons subject to these provisions. The bill would impose a fee schedule to be adopted by certified ISA manufacturers and their agents for the ISA and other related costs. By creating new crimes related to the installation and maintenance of an ISA, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Division 11.6 (commencing with Section 23700) is added to the Vehicle Code, to read:DIVISION 11.6. Sentencing for Other Driving Offenses23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.(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 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 their residence.(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.(E) The person acknowledges that they are required to have a valid drivers license before they can drive.(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 981Introduced by Assembly Member GipsonFebruary 20, 2025 An act to add Division 11.6 (commencing with Section 23700) to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 981, as introduced, Gipson. Vehicles: active intelligent speed assist devices.Existing law requires, until January 1, 2026, a person who has been convicted on or after January 1, 2019, of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a period of time, as ordered by the court, an ignition interlock device (IID) on the vehicle they operate. Installation of an IID is discretionary for a first offender, as specified. Existing law also requires persons convicted of driving under the influence of a drug to install an IID. Existing law specifies periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an IID, as specified. A violation of the Vehicle Code is a crime punishable as an infraction, unless otherwise specified.This bill would impose a similar requirement for persons convicted of specified driving offenses relating to excessive speed, reckless driving, and exhibitions of speed to install for a period of time, as ordered by the court, a certified active intelligent speed assist device (ISA) on any vehicle the person operates. The bill would similarly make the installation of an ISA discretionary for a first offender, as specified. The bill would establish periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an ISA, as specified. The bill would require the Department of Motor Vehicles to create a verification installation form to be submitted by persons subject to these provisions. The bill would impose a fee schedule to be adopted by certified ISA manufacturers and their agents for the ISA and other related costs. By creating new crimes related to the installation and maintenance of an ISA, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 981
Introduced by Assembly Member GipsonFebruary 20, 2025
Introduced by Assembly Member Gipson
February 20, 2025
An act to add Division 11.6 (commencing with Section 23700) to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 981, as introduced, Gipson. Vehicles: active intelligent speed assist devices.
Existing law requires, until January 1, 2026, a person who has been convicted on or after January 1, 2019, of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a period of time, as ordered by the court, an ignition interlock device (IID) on the vehicle they operate. Installation of an IID is discretionary for a first offender, as specified. Existing law also requires persons convicted of driving under the influence of a drug to install an IID. Existing law specifies periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an IID, as specified. A violation of the Vehicle Code is a crime punishable as an infraction, unless otherwise specified.This bill would impose a similar requirement for persons convicted of specified driving offenses relating to excessive speed, reckless driving, and exhibitions of speed to install for a period of time, as ordered by the court, a certified active intelligent speed assist device (ISA) on any vehicle the person operates. The bill would similarly make the installation of an ISA discretionary for a first offender, as specified. The bill would establish periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an ISA, as specified. The bill would require the Department of Motor Vehicles to create a verification installation form to be submitted by persons subject to these provisions. The bill would impose a fee schedule to be adopted by certified ISA manufacturers and their agents for the ISA and other related costs. By creating new crimes related to the installation and maintenance of an ISA, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires, until January 1, 2026, a person who has been convicted on or after January 1, 2019, of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a period of time, as ordered by the court, an ignition interlock device (IID) on the vehicle they operate. Installation of an IID is discretionary for a first offender, as specified. Existing law also requires persons convicted of driving under the influence of a drug to install an IID. Existing law specifies periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an IID, as specified. A violation of the Vehicle Code is a crime punishable as an infraction, unless otherwise specified.
This bill would impose a similar requirement for persons convicted of specified driving offenses relating to excessive speed, reckless driving, and exhibitions of speed to install for a period of time, as ordered by the court, a certified active intelligent speed assist device (ISA) on any vehicle the person operates. The bill would similarly make the installation of an ISA discretionary for a first offender, as specified. The bill would establish periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an ISA, as specified. The bill would require the Department of Motor Vehicles to create a verification installation form to be submitted by persons subject to these provisions. The bill would impose a fee schedule to be adopted by certified ISA manufacturers and their agents for the ISA and other related costs. By creating new crimes related to the installation and maintenance of an ISA, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Division 11.6 (commencing with Section 23700) is added to the Vehicle Code, to read:DIVISION 11.6. Sentencing for Other Driving Offenses23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.(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 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 their residence.(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.(E) The person acknowledges that they are required to have a valid drivers license before they can drive.(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Division 11.6 (commencing with Section 23700) is added to the Vehicle Code, to read:DIVISION 11.6. Sentencing for Other Driving Offenses23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.(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 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 their residence.(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.(E) The person acknowledges that they are required to have a valid drivers license before they can drive.(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.
SECTION 1. Division 11.6 (commencing with Section 23700) is added to the Vehicle Code, to read:
### SECTION 1.
DIVISION 11.6. Sentencing for Other Driving Offenses23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.(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 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 their residence.(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.(E) The person acknowledges that they are required to have a valid drivers license before they can drive.(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.
DIVISION 11.6. Sentencing for Other Driving Offenses23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.(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 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 their residence.(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.(E) The person acknowledges that they are required to have a valid drivers license before they can drive.(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.
DIVISION 11.6. Sentencing for Other Driving Offenses
DIVISION 11.6. Sentencing for Other Driving Offenses
23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.(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 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 their residence.(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.(E) The person acknowledges that they are required to have a valid drivers license before they can drive.(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.
23700. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist 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 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 active intelligent speed assist 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 active intelligent speed assist device by a certified active intelligent speed assist device provider.
(B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department.
(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 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 their residence.
(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device.
(E) The person acknowledges that they are required to have a valid drivers license before they can drive.
(F) The person acknowledges that they are subject to the requirements of this section when 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, 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device.
(g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d).
(h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows:
(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:
(A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist 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 active intelligent speed assist device. If the court orders the active intelligent speed assist 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 and shall specify the terms of the active intelligent speed assist device restriction. 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 active intelligent speed assist device for the applicable term.
(B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist 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 Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows:
(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist 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 three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed.
(j) (1) Every manufacturer and manufacturers agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist 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 active intelligent speed assist device provider shall verify the offenders income to determine the cost of the active intelligent speed assist 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.
(k) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23103, 23104, 23109, 22348, or 23582 that occurred on or after January 1, 2026.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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