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Senate Bill No. 1046 CHAPTER 783 An act to amend Sections 9807, 9848, and 9882.14 of the Business and Professions Code, and to amend Section 23702 of, to amend, repeal, and add Sections 13352, 13352.4, 13353.3, 13353.4, 13353.5, 13386, 23103.5, 23247, 23573, 23575, 23576, and 23597 of, and to add and repeal Sections 13353.6, 13353.75, 13390, 23575.3, and 23575.5 of, the Vehicle Code, relating to ignition interlock devices. [Approved by Governor September 28, 2016. Filed with Secretary of State September 28, 2016.] legislative counsel s digest SB 1046, Hill. Driving under the influence: ignition interlock device. Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has been convicted of driving a motor vehicle when the person had a certain blood-alcohol concentration. Existing law authorizes certain individuals, whose privilege is suspended pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the elapse of specified periods of license suspension or revocation. Existing law also requires the department to immediately suspend or revoke a person’s privilege to operate a motor vehicle if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the elapse of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. Existing law does not permit a person who has been convicted of a first offense of driving a motor vehicle under the influence, with injury, to receive a restricted driver’s license. Existing law also requires the Department of Motor Vehicles to establish a pilot program from July 1, 2010, to July 1, 2017, inclusive, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for any violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. Under existing law, the amount of time 91
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Senate Bill No. 1046leginfo.ca.gov/pub/15-16/bill/sen/sb_1001-1050/sb_1046_bill_201609… · 28-09-2016  · repair service dealers. Existing la w authorizes the director to den y,

Jul 31, 2020

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Page 1: Senate Bill No. 1046leginfo.ca.gov/pub/15-16/bill/sen/sb_1001-1050/sb_1046_bill_201609… · 28-09-2016  · repair service dealers. Existing la w authorizes the director to den y,

Senate Bill No. 1046

CHAPTER 783

An act to amend Sections 9807, 9848, and 9882.14 of the Business andProfessions Code, and to amend Section 23702 of, to amend, repeal, andadd Sections 13352, 13352.4, 13353.3, 13353.4, 13353.5, 13386, 23103.5,23247, 23573, 23575, 23576, and 23597 of, and to add and repeal Sections13353.6, 13353.75, 13390, 23575.3, and 23575.5 of, the Vehicle Code,relating to ignition interlock devices.

[Approved by Governor September 28, 2016. Filed withSecretary of State September 28, 2016.]

legislative counsel’s digest

SB 1046, Hill. Driving under the influence: ignition interlock device.Existing law requires the Department of Motor Vehicles to immediately

suspend a person’s privilege to operate a motor vehicle for a specified periodof time if the person has been convicted of driving a motor vehicle whenthe person had a certain blood-alcohol concentration. Existing law authorizescertain individuals, whose privilege is suspended pursuant to that provisionto receive a restricted driver’s license if specified requirements are met,including the elapse of specified periods of license suspension or revocation.

Existing law also requires the department to immediately suspend orrevoke a person’s privilege to operate a motor vehicle if the person has beenconvicted of violating specified provisions prohibiting driving a motorvehicle under the influence of an alcoholic beverage or drug or the combinedinfluence of an alcoholic beverage and drug, or with 0.08% or more, byweight, of alcohol in his or her blood or while addicted to the use of anydrug, with or without bodily injury to another. Existing law authorizescertain individuals whose privilege is suspended or revoked pursuant to thatprovision to receive a restricted driver’s license if specified requirementsare met, including the elapse of specified periods of license suspension orrevocation and, in some instances, the installation of an ignition interlockdevice on the person’s vehicle. Existing law does not permit a person whohas been convicted of a first offense of driving a motor vehicle under theinfluence, with injury, to receive a restricted driver’s license.

Existing law also requires the Department of Motor Vehicles to establisha pilot program from July 1, 2010, to July 1, 2017, inclusive, in the Countiesof Alameda, Los Angeles, Sacramento, and Tulare that requires, as acondition of being issued a restricted driver’s license, being reissued adriver’s license, or having the privilege to operate a motor vehicle reinstatedsubsequent to a conviction for any violation of the above offenses, a personto install for a specified period of time an ignition interlock device on allvehicles he or she owns or operates. Under existing law, the amount of time

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the ignition interlock device is required to be installed is based upon thenumber of prior convictions suffered by the individual, as prescribed.

This bill would extend the pilot program in those counties until January1, 2019. Effective January 1, 2019, and until January 1, 2026, the bill wouldmake an individual whose license has been suspended for driving a motorvehicle when he or she has a certain blood-alcohol concentration and whois eligible for a restricted driver’s license eligible for a restricted driver’slicense without serving any period of the suspension if the person meets allother eligibility requirements and the person installs an ignition interlockdevice. The bill would authorize that individual to install an ignition interlockdevice prior to the effective date of the suspension and would require theindividual to receive credit towards the mandatory term to install an ignitioninterlock device, as specified. The bill would require the department toimmediately reinstate the suspension of the privilege to operate a motorvehicle upon receipt of notification that a person has engaged in certainactivities, including, among others, attempted to remove, bypass, or tamperwith the ignition interlock device.

The bill would also require, commencing January 1, 2019, and untilJanuary 1, 2026, a person who has been convicted of driving a motor vehicleunder the influence of an alcoholic beverage, as specified, to install for aspecified period of time an ignition interlock device on the vehicle, asordered by the court, that is the vehicle that he or she operates. The billwould, commencing January 1, 2019, and until January 1, 2026, alsoauthorize a person convicted of driving a motor vehicle under the influence,including a person who was convicted of a first offense of driving a motorvehicle under the influence, with injury, if all other requirements aresatisfied, including the installation of an ignition interlock device, to applyfor a restricted driver’s license without completing a period of licensesuspension or revocation. The bill would require the department to, if aperson maintains an ignition interlock device for the specified required time,reinstate the person’s privilege to operate a motor vehicle at the time theother reinstatement requirements are satisfied. The bill would, commencingJanuary 1, 2019, and until January 1, 2026, authorize a court to require aperson convicted of a specified type of reckless driving to install a certifiedignition interlock device on any vehicle that the person operates and prohibitthat person from operating a motor vehicle unless that vehicle is equippedwith a functioning, certified ignition interlock device for a specified periodof time. The bill would require the Transportation Agency to issue a reportto the Legislature by January 1, 2025, regarding the implementation andefficacy of these provisions. The bill would reinstate current law as describedabove as of January 1, 2026.

The bill would also make conforming and clarifying changes.By specifying that certain crimes relating to ignition interlock devices

apply when an ignition interlock device is installed pursuant to the provisionsof this bill, this bill would impose a state-mandated local program.

Existing law establishes the Bureau of Electronic and Appliance Repair,Home Furnishings, and Thermal Insulation under the supervision and control

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of the Director of Consumer Affairs and requires the director to administerand enforce provisions relating to the registration of electronic and appliancerepair service dealers. Existing law authorizes the director to deny, suspend,revoke, or place on probation the registration of a service dealer for any ofcertain acts, as specified. Existing law authorizes a service dealer licensedunder these provisions to install, calibrate, service, maintain, and monitorignition interlock devices. A violation of these provisions is punishable asa misdemeanor.

Existing law, the Automotive Repair Act, establishes the Bureau ofAutomotive Repair under the supervision and control of the Director ofConsumer Affairs and provides for the registration and regulation ofautomotive repair dealers. Existing law requires the bureau to adopt standardsfor installation, maintenance, and servicing of ignition interlock devices byautomotive repair dealers, and existing regulations authorizes automotiverepair dealers to install, maintain, and service an ignition interlock device.Existing law authorizes the director to deny, suspend, revoke, or place onprobation the registration of an automotive repair dealer for certain acts, asspecified. A violation of the act is a crime.

This bill would authorize the director to issue a citation to, or suspend,revoke, or place on probation the registration of an automotive repair dealeror service dealer who installs, calibrates, services, maintains, or monitorsignition interlock devices if the automotive repair dealer or service dealeris not in compliance with specified provisions relating to payment for thecosts of an ignition interlock device and would require an automotive repairdealer or service dealer to provide that information to an individual receivingignition interlock device services. By expanding the definition of a crime,the bill would impose a state-mandated local program.

The bill would require, commencing January 1, 2019, until January 1,2026, an ignition interlock device manufacturer to be in compliance withspecified provisions relating to payment for the costs of an ignition interlockdevice and would require those manufacturers to provide information to anindividual who is required to install an ignition interlock device pursuantto a restricted driver’s license. The bill would make a violation of thoserequirements subject to a civil assessment not exceeding $1,000, as specified.

The California Constitution requires the state to reimburse local agenciesand school districts for certain costs mandated by the state. Statutoryprovisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act fora specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 9807 of the Business and Professions Code isamended to read:

9807. (a)  Notwithstanding any other law, a service dealer licensed underthis chapter and authorized to engage in the electronic repair industry, as

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defined in subdivision (p) of Section 9801, may install, calibrate, service,maintain, and monitor certified ignition interlock devices.

(b)  (1)  The director may issue a citation to, or suspend, revoke, or placeon probation the registration of, a service dealer who installs, calibrates,services, maintains, or monitors ignition interlock devices if the servicedealer is not in compliance with subdivision (k) of Section 23575.3 of theVehicle Code.

(2)  A service dealer shall provide to an individual receiving ignitioninterlock device services the information provided in subdivision (k) ofSection 23575.3 of the Vehicle Code along with the contact telephonenumber of the bureau.

(c)  The bureau shall adopt regulations to implement this section consistentwith the standards adopted by the Bureau of Automotive Repair and theOffice of Traffic Safety under Section 9882.14.

SEC. 2. Section 9848 of the Business and Professions Code is amendedto read:

9848. All proceedings to contest a citation for a violation of subdivision(k) of Section 23575.3 of the Vehicle Code or to deny registration or suspend,revoke, or place on probation a registration shall be conducted pursuant toChapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title2 of the Government Code.

SEC. 3. Section 9882.14 of the Business and Professions Code isamended to read:

9882.14. (a)  The bureau shall cooperate with the Office of Traffic Safetyand adopt standards for the installation, maintenance, and servicing ofcertified ignition interlock devices by automotive repair dealers.

(b)  The manufacturers of certified ignition interlock devices shall complywith standards established by the bureau for the installation of those ignitioninterlock devices.

(c)  The bureau may charge manufacturers of certified interlock ignitiondevices a fee to recover the cost of monitoring installation standards.

(d)  (1)  The director may issue a citation to, or suspend or revoke theregistration of, an automotive repair dealer who installs, maintains, andservices ignition interlock devices if the automotive repair dealer is not incompliance with subdivision (k) of Section 23575.3 of the Vehicle Code.

(2)  An automotive repair dealer shall provide to an individual receivingignition interlock device services the information provided in subdivision(k) of Section 23575.3 of the Vehicle Code along with the contact telephonenumber of the bureau.

SEC. 4. Section 13352 of the Vehicle Code 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 anabstract of the record of a court showing that the person has been convictedof 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 juvenilecourt, a juvenile traffic hearing officer, or a referee of a juvenile courtshowing that the person has been found to have committed a violation of

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Section 23152 or 23153, subdivision (a) of Section 23109, or Section23109.1. If an offense specified in this section occurs in a vehicle definedin Section 15210, the suspension or revocation specified in this subdivisionalso applies to the noncommercial driving privilege. The commercial drivingprivilege shall be disqualified as specified in Sections 15300 to 15302,inclusive. For the purposes of this section, suspension or revocation shallbe as follows:

(1)  Except as required under Section 13352.1 or 13352.4, upon aconviction or finding of a violation of Section 23152 punishable underSection 23536, the privilege shall be suspended for a period of six months.The privilege shall not be reinstated until the person gives proof of financialresponsibility and gives proof satisfactory to the department of successfulcompletion of a driving-under-the-influence program licensed pursuant toSection 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 enrollin, participate in, and complete either program described in subdivision (b)of Section 23542, the department shall require that program in lieu of theprogram described in subdivision (b) of Section 23538. For the purposes ofthis paragraph, enrollment in, participation in, and completion of an approvedprogram shall occur subsequent to the date of the current violation. Creditshall not be given to any program activities completed prior to the date ofthe current violation.

(2)  Upon a conviction or finding of a violation of Section 23153punishable under Section 23554, the privilege shall be suspended for aperiod of one year. The privilege shall not be reinstated until the persongives proof of financial responsibility and gives proof satisfactory to thedepartment of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeas described in subdivision (b) of Section 23556 of this code. If the court,as authorized under paragraph (3) of subdivision (b) of Section 23646, electsto order a person to enroll in, participate in, and complete either programdescribed in subdivision (b) of Section 23542, the department shall requirethat program in lieu of the program described in Section 23556. For thepurposes of this paragraph, enrollment, participation, and completion of anapproved program shall occur subsequent to the date of the current violation.Credit shall not be given to any program activities completed prior to thedate of the current violation.

(3)  Except as provided in Section 13352.5, upon a conviction or findingof a violation of Section 23152 punishable under Section 23540, the privilegeshall be suspended for two years. The privilege shall not be reinstated untilthe person gives proof of financial responsibility and gives proof satisfactoryto the department of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeas described in subdivision (b) of Section 23542 of this code. For thepurposes of this paragraph, enrollment in, participation in, and completionof an approved program shall be subsequent to the date of the current

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violation. Credit shall not be given to any program activities completedprior to the date of the current violation. The department shall advise theperson that he or she may apply to the department for a restriction of thedriving privilege if the person meets all of the following requirements:

(A)  Completion of 12 months of the suspension period, or completionof 90 days of the suspension period if the underlying conviction did notinclude the use of drugs as defined in Section 312 and the person was foundto be only under the influence of an alcoholic beverage at the time of theviolation.

(B)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(C)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (B).

(D)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(E)  The person agrees to maintain the functioning, certified ignitioninterlock device as required under subdivision (g) of Section 23575.

(F)  The person provides proof of financial responsibility, as defined inSection 16430.

(G)  The person pays all reissue fees and any restriction fee required bythe department.

(H)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(I)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(4)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23153 punishable under Section 23560, the privilegeshall be revoked for a period of three years. The privilege may not bereinstated until the person gives proof of financial responsibility, and theperson gives proof satisfactory to the department of successful completionof a driving-under-the-influence program licensed pursuant to Section 11836of 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 programshall occur subsequent to the date of the current violation. Credit shall notbe given to any program activities completed prior to the date of the currentviolation. The department shall advise the person that after the completionof 12 months of the revocation period, which may include credit for asuspension period served under subdivision (c) of Section 13353.3, he or

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she may apply to the department for a restricted driver’s license if the personmeets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  The initial 12 months of an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  The initial 12 months of a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(D)  The person agrees to maintain the functioning, certified ignitioninterlock device as required under subdivision (g) of Section 23575.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(G)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(5)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23152 punishable under Section 23546, the privilegeshall be revoked for a period of three years. The privilege shall not bereinstated until the person files proof of financial responsibility and givesproof satisfactory to the department of successful completion of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, as described in subdivision (b) or (c) of Section23548 of this code, if a 30-month program is unavailable in the person’scounty of residence or employment, or, if available in the county of theperson’s residence or employment, a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,or a program specified in Section 8001 of the Penal Code. For the purposesof this paragraph, enrollment in, participation in, and completion of anapproved program shall occur subsequent to the date of the current violation.Credit shall not be given to any program activities completed prior to thedate of the current violation. The department shall advise the person thathe or she may apply to the department for a restricted driver’s license, whichmay include credit for a suspension period served under subdivision (c) ofSection 13353.3, if the person meets all of the following requirements:

(A)  Completion of 12 months of the suspension period, or completionof six months of the suspension period if the underlying conviction did notinclude the use of drugs as defined in Section 312 and the person was foundto be only under the influence of an alcoholic beverage at the time of theviolation.

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(B)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(C)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (B).

(D)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(E)  The person agrees to maintain the functioning, certified ignitioninterlock device as required under subdivision (g) of Section 23575.

(F)  The person provides proof of financial responsibility, as defined inSection 16430.

(G)  An individual convicted of a violation of Section 23152 punishableunder Section 23546 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(H)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(I)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(J)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(6)  Except as provided in this paragraph, upon a conviction or findingof 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 maynot be reinstated until the person gives proof of financial responsibility andgives proof satisfactory to the department of successful completion of adriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code as described in subdivision (b) of Section 23568of this code, or if available in the county of the person’s residence oremployment, a 30-month driving-under-the-influence program licensedpursuant to Section 11836 of the Health and Safety Code, or a programspecified in Section 8001 of the Penal Code. For the purposes of thisparagraph, enrollment in, participation in, and completion of an approvedprogram shall be subsequent to the date of the current violation. Credit shallnot be given to any program activities completed prior to the date of thecurrent violation. The department shall advise the person that aftercompletion of 12 months of the revocation period, which may include credit

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for a suspension period served under subdivision (c) of Section 13353.3,he or she may apply to the department for a restricted driver’s license if theperson meets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Completion of the initial 12 months of a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if available in the county of the person’sresidence or employment.

(ii)  Completion of the initial 12 months of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if a 30-month program is unavailable in theperson’s county of residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(D)  The person agrees to maintain the functioning, certified ignitioninterlock device as required under subdivision (g) of Section 23575.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  An individual convicted of a violation of Section 23153 punishableunder Section 23566 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(H)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(7)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23152 punishable under Section 23550 or 23550.5,or of a violation of Section 23153 punishable under Section 23550.5, theprivilege shall be revoked for a period of four years. The privilege shall notbe reinstated until the person files proof of financial responsibility and givesproof satisfactory to the department of successful completion of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if a 30-month program is unavailable in theperson’s county of residence or employment, or, if available in the countyof the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, or a program specified in Section 8001 of thePenal Code. For the purposes of this paragraph, enrollment in, participationin, and completion of an approved program shall occur subsequent to the

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date of the current violation. Credit shall not be given to any programactivities completed prior to the date of the current violation. The departmentshall advise the person that after completion of 12 months of the revocationperiod, which may include credit for a suspension period served undersubdivision (c) of Section 13353.3, he or she may apply to the departmentfor a restricted driver’s license if the person meets all of the followingrequirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  The initial 12 months of an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  The initial 12 months of a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(D)  The person agrees to maintain the functioning, certified ignitioninterlock device as required under subdivision (g) of Section 23575.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  An individual convicted of a violation of Section 23152 punishableunder Section 23550 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(H)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(8)  Upon a conviction or finding of a violation of subdivision (a) ofSection 23109 that is punishable under subdivision (e) of that section orSection 23109.1, the privilege shall be suspended for a period of 90 daysto six months, if ordered by the court. The privilege shall not be reinstateduntil the person gives proof of financial responsibility, as defined in Section16430.

(9)  Upon a conviction or finding of a violation of subdivision (a) ofSection 23109 that is punishable under subdivision (f) of that section, theprivilege shall be suspended for a period of six months, if ordered by thecourt. The privilege shall not be reinstated until the person gives proof offinancial responsibility, as defined in Section 16430.

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(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 thereferee of a juvenile court of a commission of a violation of Section 23152or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specifiedin subdivision (a) of this section, is a conviction.

(c)  A judge of a juvenile court, juvenile hearing officer, or referee of ajuvenile 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 theUnited States, the District of Columbia, the Commonwealth of Puerto Rico,or Canada that, if committed in this state, would be a violation of Section23152, is a conviction of Section 23152 for the purposes of this section, anda conviction of an offense that, if committed in this state, would be aviolation of Section 23153, is a conviction of Section 23153 for the purposesof this section. The department shall suspend or revoke the privilege tooperate a motor vehicle pursuant to this section upon receiving notice ofthat conviction.

(e)  For the purposes of the restriction conditions specified in paragraphs(3) to (7), inclusive, of subdivision (a), the department shall terminate therestriction imposed pursuant to this section and shall suspend or revoke theperson’s driving privilege upon receipt of notification from thedriving-under-the-influence program that the person has failed to complywith the program requirements. The person’s driving privilege shall remainsuspended or revoked for the remaining period of the original suspensionor revocation imposed under this section and until all reinstatementrequirements described in this section are met.

(f)  For the purposes of this section, completion of a program is thefollowing:

(1)  Satisfactory completion of all program requirements approvedpursuant to program licensure, as evidenced by a certificate of completionissued, under penalty of perjury, by the licensed program.

(2)  Certification, under penalty of perjury, by the director of a programspecified in Section 8001 of the Penal Code, that the person has completeda program specified in Section 8001 of the Penal Code.

(g)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege under this section is not eligible for therestricted driver’s license authorized under paragraphs (3) to (7), inclusive,of subdivision (a).

(h)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 5. Section 13352 is added to the Vehicle Code, 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 anabstract of the record of a court showing that the person has been convicted

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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 juvenilecourt, a juvenile traffic hearing officer, or a referee of a juvenile courtshowing that the person has been found to have committed a violation ofSection 23152 or 23153, subdivision (a) of Section 23109, or Section23109.1. If an offense specified in this section occurs in a vehicle definedin Section 15210, the suspension or revocation specified in this subdivisionapplies also to the noncommercial driving privilege. The commercial drivingprivilege shall be disqualified as specified in Sections 15300 to 15302,inclusive. For the purposes of this section, suspension or revocation shallbe as follows:

(1)  Except as required under Section 13352.1 or 13352.4, upon aconviction or finding of a violation of Section 23152 punishable underSection 23536, the privilege shall be suspended for a period of six months.The privilege shall not be reinstated until the person gives proof of financialresponsibility and gives proof satisfactory to the department of successfulcompletion of a driving-under-the-influence program licensed pursuant toSection 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 enrollin, participate in, and complete either program described in subdivision (b)of Section 23542, the department shall require that program in lieu of theprogram described in subdivision (b) of Section 23538. For the purposes ofthis paragraph, enrollment in, participation in, and completion of an approvedprogram shall occur subsequent to the date of the current violation. Creditshall not be given to any program activities completed prior to the date ofthe current violation.

(2)  Upon a conviction or finding of a violation of Section 23153punishable under Section 23554, the privilege shall be suspended for aperiod of one year. The privilege shall not be reinstated until the persongives proof of financial responsibility and gives proof satisfactory to thedepartment of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeas described in subdivision (b) of Section 23556 of this code. If the court,as authorized under paragraph (3) of subdivision (b) of Section 23646, electsto order a person to enroll in, participate in, and complete either programdescribed in subdivision (b) of Section 23542, the department shall requirethat program in lieu of the program described in Section 23556. For thepurposes of this paragraph, enrollment in, participation in, and completionof an approved program shall occur subsequent to the date of the currentviolation. Credit shall not be given to any program activities completedprior to the date of the current violation. The department shall advise theperson that he or she may apply to the department for a restricted driver’slicense if the person meets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

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(i)  Proof of enrollment in a driving-under-the-influence program licensedpursuant to Section 11836 of the Health and Safety Code, as described insubdivision (b) of Section 23556 of this code.

(ii)  Proof of enrollment in a program described in subdivision (b) ofSection 23542, if the court has ordered the person to enroll in, participatein, and complete either program described in that section, in which case theperson shall not be required to provide the proof described in clause (i).

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person complies with Section 23575.3, if applicable.(D)  The person agrees to maintain the functioning, certified ignition

interlock device as required under Section 23575.3, if applicable.(E)  The person provides proof of financial responsibility, as defined in

Section 16430.(F)  The person pays all reissue fees and any restriction fee required by

the department.(G)  The person pays to the department a fee sufficient to cover the

reasonable costs of administering the requirements of this paragraph, asdetermined by the department.

(H)  The restriction shall remain in effect for the period required insubdivision (e).

(3)  Except as provided in Section 13352.5, upon a conviction or findingof a violation of Section 23152 punishable under Section 23540, the privilegeshall be suspended for two years. The privilege shall not be reinstated untilthe person gives proof of financial responsibility and gives proof satisfactoryto the department of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeas described in subdivision (b) of Section 23542 of this code. For thepurposes of this paragraph, enrollment in, participation in, and completionof an approved program shall occur subsequent to the date of the currentviolation. Credit shall not be given to any program activities completedprior to the date of the current violation. The department shall advise theperson that he or she may apply to the department for a restricted driver’slicense if the person meets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person complies with Section 23575.3, if applicable.

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(D)  The person agrees to maintain the functioning, certified ignitioninterlock device as required under Section 23575.3, if applicable.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  The person pays all reissue fees and any restriction fee required bythe department.

(G)  The person pays to the department a fee sufficient to cover thereasonable costs of administering the requirements of this paragraph, asdetermined by the department.

(H)  The restriction shall remain in effect for the period required insubdivision (e).

(4)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23153 punishable under Section 23560, the privilegeshall be revoked for a period of three years. The privilege may not bereinstated until the person gives proof of financial responsibility, and theperson gives proof satisfactory to the department of successful completionof a driving-under-the-influence program licensed pursuant to Section 11836of 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 programshall occur subsequent to the date of the current violation. Credit shall notbe given to any program activities completed prior to the date of the currentviolation. The department shall advise the person that he or she may applyto the department for a restricted driver’s license if the person meets all ofthe following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person complies with Section 23575.3, if applicable.(D)  The person agrees to maintain the functioning, certified ignition

interlock device as required under Section 23575.3, if applicable.(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 person pays to the department a fee sufficient to cover the

reasonable costs of administering the requirements of this paragraph, asdetermined by the department.

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(H)  The restriction shall remain in effect for the period required insubdivision (e).

(5)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23152 punishable under Section 23546, the privilegeshall be revoked for a period of three years. The privilege shall not bereinstated until the person files proof of financial responsibility and givesproof satisfactory to the department of successful completion of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, as described in subdivision (b) or (c) of Section23548 of this code, if a 30-month program is unavailable in the person’scounty of residence or employment, or, if available in the county of theperson’s residence or employment, a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,or a program specified in Section 8001 of the Penal Code. For the purposesof this paragraph, enrollment in, participation in, and completion of anapproved program shall occur subsequent to the date of the current violation.Credit shall not be given to any program activities completed prior to thedate of the current violation. The department shall advise the person thathe or she may apply to the department for a restricted driver’s license if theperson meets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person complies with Section 23575.3, if applicable.(D)  The person agrees to maintain the functioning, certified ignition

interlock device as required under Section 23575.3, if applicable.(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 23546 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

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(H)  The person pays to the department a fee sufficient to cover thereasonable costs of administering the requirements of this paragraph, asdetermined by the department.

(I)  The restriction shall remain in effect for the period required insubdivision (e).

(6)  Except as provided in this paragraph, upon a conviction or findingof 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 maynot be reinstated until the person gives proof of financial responsibility andgives proof satisfactory to the department of successful completion of adriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code as described in subdivision (b) of Section 23568,or if available in the county of the person’s residence or employment, a30-month driving-under-the-influence program licensed pursuant to Section11836 of the Health and Safety Code, or a program specified in Section8001 of the Penal Code. For the purposes of this paragraph, enrollment in,participation in, and completion of an approved program shall be subsequentto the date of the current violation. Credit shall not be given to any programactivities completed prior to the date of the current violation. The departmentshall advise the person that he or she may apply to the department for arestricted driver’s license if the person meets all of the followingrequirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in a 30-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, ifavailable in the county of the person’s residence or employment.

(ii)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if a 30-month program is unavailable in the person’s county of residenceor employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person complies with Section 23575.3, if applicable.(D)  The person agrees to maintain the functioning, certified ignition

interlock device as required under Section 23575.3, if applicable.(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 thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

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(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(H)  The person pays to the department a fee sufficient to cover thereasonable costs of administering the requirements of this paragraph, asdetermined by the department.

(I)  The restriction shall remain in effect for the period required insubdivision (e).

(7)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23152 punishable under Section 23550 or 23550.5,or of a violation of Section 23153 punishable under Section 23550.5, theprivilege shall be revoked for a period of four years. The privilege shall notbe reinstated until the person files proof of financial responsibility and givesproof satisfactory to the department of successful completion of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if a 30-month program is unavailable in theperson’s county of residence or employment, or, if available in the countyof the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, or a program specified in Section 8001 of thePenal Code. For the purposes of this paragraph, enrollment in, participationin, and completion of an approved program shall occur subsequent to thedate of the current violation. Credit shall not be given to any programactivities completed prior to the date of the current violation. The departmentshall advise the person that he or she may apply to the department for arestricted driver’s license if the person meets all of the followingrequirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person complies with Section 23575.3, if applicable.(D)  The person agrees to maintain the functioning, certified ignition

interlock device as required under Section 23575.3, if applicable.(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 thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-month

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driving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(H)  The person pays to the department a fee sufficient to cover thereasonable costs of administering the requirements of this paragraph, asdetermined by the department.

(I)  The restriction shall remain in effect for the period required insubdivision (e).

(8)  Upon a conviction or finding of a violation of subdivision (a) ofSection 23109 that is punishable under subdivision (e) of that section orSection 23109.1, the privilege shall be suspended for a period of 90 daysto six months, if ordered by the court. The privilege shall not be reinstateduntil the person gives proof of financial responsibility, as defined in Section16430.

(9)  Upon a conviction or finding of a violation of subdivision (a) ofSection 23109 that is punishable under subdivision (f) of that section, theprivilege shall be suspended for a period of six months, if ordered by thecourt. The privilege shall not be reinstated until the person gives proof offinancial 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 thereferee of a juvenile court of a commission of a violation of Section 23152or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specifiedin subdivision (a) of this section, is a conviction.

(c)  A judge of a juvenile court, juvenile hearing officer, or referee of ajuvenile 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 theUnited States, the District of Columbia, the Commonwealth of Puerto Rico,or Canada that, if committed in this state, would be a violation of Section23152, is a conviction of Section 23152 for the purposes of this section, anda conviction of an offense that, if committed in this state, would be aviolation of Section 23153, is a conviction of Section 23153 for the purposesof this section. The department shall suspend or revoke the privilege tooperate a motor vehicle pursuant to this section upon receiving notice ofthat conviction.

(e)  (1)  Except as specified in paragraph (2) or (3), the restrictionconditions specified in paragraphs (2) to (7), inclusive, of subdivision (a)shall remain in effect until all reinstatement requirements are satisfied.

(2)  For the purposes of the restriction conditions specified in paragraphs(2) to (7), inclusive, of subdivision (a), the department shall terminate therestriction imposed pursuant to this section and shall suspend or revoke theperson’s driving privilege upon receipt of notification from thedriving-under-the-influence program that the person has failed to complywith the program requirements. The person’s driving privilege shall remain

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suspended or revoked for the remaining period of the original suspensionor revocation imposed under this section and until all reinstatementrequirements described in this section are met.

(3)  The department shall immediately suspend or revoke the privilegeto operate a motor vehicle of a person who, with respect to an ignitioninterlock device installed pursuant to Section 23575.3, attempts to remove,bypass, or tamper with the device, has the device removed prior to thetermination date of the restriction, or fails to comply with any requirementfor the maintenance or calibration of the device. The privilege shall remainsuspended or revoked for the remaining period of the originating suspensionor revocation and until all reinstatement requirements in this section aresatisfied, provided, however, that if the person provides proof to thesatisfaction of the department that the person is in compliance with therestriction issued pursuant to this section, the department may, in itsdiscretion, restore the privilege to operate a motor vehicle and reimpose theremaining 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 personmaintains a functioning, certified ignition interlock device for the mandatoryterm required under Section 23575.3, inclusive of any term credit earnedunder Section 13353.6, the department shall reinstate his or her privilegeto operate a motor vehicle at the time the other reinstatement requirementsare satisfied.

(g)  For the purposes of this section, completion of a program is thefollowing:

(1)  Satisfactory completion of all program requirements approvedpursuant to program licensure, as evidenced by a certificate of completionissued, under penalty of perjury, by the licensed program.

(2)  Certification, under penalty of perjury, by the director of a programspecified in Section 8001 of the Penal Code, that the person has completeda program specified in Section 8001 of the Penal Code.

(h)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege under this section is not eligible for therestricted driver’s license authorized under paragraphs (3) to (7), inclusive,of subdivision (a).

(i)  The reinstatement of the driving privilege pursuant to this sectiondoes not abrogate a person’s continuing duty to comply with any restrictionimposed pursuant to Section 23575.3.

(j)  This section shall become operative on January 1, 2019.(k)  This section shall remain in effect only until January 1, 2026, and as

of that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2026, deletes or extends that date.

SEC. 6. Section 13352 is added to the Vehicle Code, 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

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abstract of the record of a court showing that the person has been convictedof 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 juvenilecourt, a juvenile traffic hearing officer, or a referee of a juvenile courtshowing that the person has been found to have committed a violation ofSection 23152 or 23153, subdivision (a) of Section 23109, or Section23109.1. If an offense specified in this section occurs in a vehicle definedin Section 15210, the suspension or revocation specified in this subdivisionalso applies to the noncommercial driving privilege. The commercial drivingprivilege shall be disqualified as specified in Sections 15300 to 15302,inclusive. For the purposes of this section, suspension or revocation shallbe as follows:

(1)  Except as required under Section 13352.1 or 13352.4, upon aconviction or finding of a violation of Section 23152 punishable underSection 23536, the privilege shall be suspended for a period of six months.The privilege shall not be reinstated until the person gives proof of financialresponsibility and gives proof satisfactory to the department of successfulcompletion of a driving-under-the-influence program licensed pursuant toSection 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 enrollin, participate in, and complete either program described in subdivision (b)of Section 23542, the department shall require that program in lieu of theprogram described in subdivision (b) of Section 23538. For the purposes ofthis paragraph, enrollment in, participation in, and completion of an approvedprogram shall occur subsequent to the date of the current violation. Creditshall not be given to any program activities completed prior to the date ofthe current violation.

(2)  Upon a conviction or finding of a violation of Section 23153punishable under Section 23554, the privilege shall be suspended for aperiod of one year. The privilege shall not be reinstated until the persongives proof of financial responsibility and gives proof satisfactory to thedepartment of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeas described in subdivision (b) of Section 23556 of this code. If the court,as authorized under paragraph (3) of subdivision (b) of Section 23646, electsto order a person to enroll in, participate in, and complete either programdescribed in subdivision (b) of Section 23542, the department shall requirethat program in lieu of the program described in Section 23556. For thepurposes of this paragraph, enrollment, participation, and completion of anapproved program shall occur subsequent to the date of the current violation.Credit shall not be given to any program activities completed prior to thedate of the current violation.

(3)  Except as provided in Section 13352.5, upon a conviction or findingof a violation of Section 23152 punishable under Section 23540, the privilegeshall be suspended for two years. The privilege shall not be reinstated untilthe person gives proof of financial responsibility and gives proof satisfactory

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to the department of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeas described in subdivision (b) of Section 23542 of this code. For thepurposes of this paragraph, enrollment in, participation in, and completionof an approved program shall be subsequent to the date of the currentviolation. Credit shall not be given to any program activities completedprior to the date of the current violation. The department shall advise theperson that he or she may apply to the department for a restriction of thedriving privilege if the person meets all of the following requirements:

(A)  Completion of 12 months of the suspension period, or completionof 90 days of the suspension period if the underlying conviction did notinclude the use of drugs as defined in Section 312 and the person was foundto be only under the influence of an alcoholic beverage at the time of theviolation.

(B)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(C)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (B).

(D)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(E)  The person agrees to maintain the ignition interlock device as requiredunder subdivision (g) of Section 23575.

(F)  The person provides proof of financial responsibility, as defined inSection 16430.

(G)  The person pays all reissue fees and any restriction fee required bythe department.

(H)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(I)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(4)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23153 punishable under Section 23560, the privilegeshall be revoked for a period of three years. The privilege may not bereinstated until the person gives proof of financial responsibility, and theperson gives proof satisfactory to the department of successful completionof a driving-under-the-influence program licensed pursuant to Section 11836of 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 programshall occur subsequent to the date of the current violation. Credit shall not

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be given to any program activities completed prior to the date of the currentviolation. The department shall advise the person that after the completionof 12 months of the revocation period, which may include credit for asuspension period served under subdivision (c) of Section 13353.3, he orshe may apply to the department for a restricted driver’s license if the personmeets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  The initial 12 months of an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  The initial 12 months of a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(D)  The person agrees to maintain the ignition interlock device as requiredunder subdivision (g) of Section 23575.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(G)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(5)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23152 punishable under Section 23546, the privilegeshall be revoked for a period of three years. The privilege shall not bereinstated until the person files proof of financial responsibility and givesproof satisfactory to the department of successful completion of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, as described in subdivision (b) or (c) of Section23548 of this code, if a 30-month program is unavailable in the person’scounty of residence or employment, or, if available in the county of theperson’s residence or employment, a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,or a program specified in Section 8001 of the Penal Code. For the purposesof this paragraph, enrollment in, participation in, and completion of anapproved program shall occur subsequent to the date of the current violation.Credit shall not be given to any program activities completed prior to thedate of the current violation. The department shall advise the person thathe or she may apply to the department for a restricted driver’s license, whichmay include credit for a suspension period served under subdivision (c) ofSection 13353.3, if the person meets all of the following requirements:

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(A)  Completion of 12 months of the suspension period, or completionof six months of the suspension period if the underlying conviction did notinclude the use of drugs as defined in Section 312 and the person was foundto be only under the influence of an alcoholic beverage at the time of theviolation.

(B)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Proof of enrollment in an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Codeif a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  Proof of enrollment in a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(C)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (B).

(D)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(E)  The person agrees to maintain the ignition interlock device as requiredunder subdivision (g) of Section 23575.

(F)  The person provides proof of financial responsibility, as defined inSection 16430.

(G)  An individual convicted of a violation of Section 23152 punishableunder Section 23546 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(H)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(I)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(J)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(6)  Except as provided in this paragraph, upon a conviction or findingof 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 maynot be reinstated until the person gives proof of financial responsibility andgives proof satisfactory to the department of successful completion of adriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code as described in subdivision (b) of Section 23568of this code, or if available in the county of the person’s residence oremployment, a 30-month driving-under-the-influence program licensedpursuant to Section 11836 of the Health and Safety Code, or a programspecified in Section 8001 of the Penal Code. For the purposes of this

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paragraph, enrollment in, participation in, and completion of an approvedprogram shall be subsequent to the date of the current violation. Credit shallnot be given to any program activities completed prior to the date of thecurrent violation. The department shall advise the person that aftercompletion of 12 months of the revocation period, which may include creditfor a suspension period served under subdivision (c) of Section 13353.3,he or she may apply to the department for a restricted driver’s license if theperson meets all of the following requirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  Completion of the initial 12 months of a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if available in the county of the person’sresidence or employment.

(ii)  Completion of the initial 12 months of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if a 30-month program is unavailable in theperson’s county of residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(D)  The person agrees to maintain the ignition interlock device as requiredunder subdivision (g) of Section 23575.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  An individual convicted of a violation of Section 23153 punishableunder Section 23566 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(H)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(7)  Except as provided in this paragraph, upon a conviction or findingof a violation of Section 23152 punishable under Section 23550 or 23550.5,or of a violation of Section 23153 punishable under Section 23550.5, theprivilege shall be revoked for a period of four years. The privilege shall notbe reinstated until the person files proof of financial responsibility and givesproof satisfactory to the department of successful completion of an 18-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, if a 30-month program is unavailable in theperson’s county of residence or employment, or, if available in the county

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of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code, or a program specified in Section 8001 of thePenal Code. For the purposes of this paragraph, enrollment in, participationin, and completion of an approved program shall occur subsequent to thedate of the current violation. Credit shall not be given to any programactivities completed prior to the date of the current violation. The departmentshall advise the person that after completion of 12 months of the revocationperiod, which may include credit for a suspension period served undersubdivision (c) of Section 13353.3, he or she may apply to the departmentfor a restricted driver’s license if the person meets all of the followingrequirements:

(A)  The person satisfactorily provides, subsequent to the violation dateof the current underlying conviction, either of the following:

(i)  The initial 12 months of an 18-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if a 30-month program is unavailable in the person’s county of residenceor employment.

(ii)  The initial 12 months of a 30-month driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code,if available in the county of the person’s residence or employment.

(B)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in subparagraph (A).

(C)  The person submits the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(D)  The person agrees to maintain the ignition interlock device as requiredunder subdivision (g) of Section 23575.

(E)  The person provides proof of financial responsibility, as defined inSection 16430.

(F)  An individual convicted of a violation of Section 23152 punishableunder Section 23550 may also, at any time after sentencing, petition thecourt for referral to an 18-month driving-under-the-influence programlicensed pursuant to Section 11836 of the Health and Safety Code, or, ifavailable in the county of the person’s residence or employment, a 30-monthdriving-under-the-influence program licensed pursuant to Section 11836 ofthe Health and Safety Code. Unless good cause is shown, the court shallorder the referral.

(G)  The person pays all applicable reinstatement or reissue fees and anyrestriction fee required by the department.

(H)  The restriction shall remain in effect for the period required insubdivision (f) of Section 23575.

(8)  Upon a conviction or finding of a violation of subdivision (a) ofSection 23109 that is punishable under subdivision (e) of that section orSection 23109.1, the privilege shall be suspended for a period of 90 daysto six months, if ordered by the court. The privilege shall not be reinstateduntil the person gives proof of financial responsibility, as defined in Section16430.

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(9)  Upon a conviction or finding of a violation of subdivision (a) ofSection 23109 that is punishable under subdivision (f) of that section, theprivilege shall be suspended for a period of six months, if ordered by thecourt. The privilege shall not be reinstated until the person gives proof offinancial 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 thereferee of a juvenile court of a commission of a violation of Section 23152or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specifiedin subdivision (a) of this section, is a conviction.

(c)  A judge of a juvenile court, juvenile hearing officer, or referee of ajuvenile 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 theUnited States, the District of Columbia, the Commonwealth of Puerto Rico,or Canada that, if committed in this state, would be a violation of Section23152, is a conviction of Section 23152 for the purposes of this section, anda conviction of an offense that, if committed in this state, would be aviolation of Section 23153, is a conviction of Section 23153 for the purposesof this section. The department shall suspend or revoke the privilege tooperate a motor vehicle pursuant to this section upon receiving notice ofthat conviction.

(e)  For the purposes of the restriction conditions specified in paragraphs(3) to (7), inclusive, of subdivision (a), the department shall terminate therestriction imposed pursuant to this section and shall suspend or revoke theperson’s driving privilege upon receipt of notification from thedriving-under-the-influence program that the person has failed to complywith the program requirements. The person’s driving privilege shall remainsuspended or revoked for the remaining period of the original suspensionor revocation imposed under this section and until all reinstatementrequirements described in this section are met.

(f)  For the purposes of this section, completion of a program is thefollowing:

(1)  Satisfactory completion of all program requirements approvedpursuant to program licensure, as evidenced by a certificate of completionissued, under penalty of perjury, by the licensed program.

(2)  Certification, under penalty of perjury, by the director of a programspecified in Section 8001 of the Penal Code, that the person has completeda program specified in Section 8001 of the Penal Code.

(g)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege under this section is not eligible for therestricted driver’s license authorized under paragraphs (3) to (7), inclusive,of subdivision (a).

(h)  This section shall become operative January 1, 2026.SEC. 7. Section 13352.4 of the Vehicle Code is amended to read:

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13352.4. (a)  Except as provided in subdivision (h), the department shallissue a restricted driver’s license to a person whose driver’s license wassuspended under paragraph (1) of subdivision (a) of Section 13352 or Section13352.1, if the person meets all of the following requirements:

(1)  Submits proof satisfactory to the department of either of the following,as applicable:

(A)  Enrollment in a driving-under-the-influence program licensedpursuant to Section 11836 of the Health and Safety Code, as described insubdivision (b) of Section 23538 of this code.

(B)  Enrollment in a program described in subdivision (b) of Section23542, if the court has ordered the person to enroll in, participate in, andcomplete either program described in that section, in which case the personshall not be required to provide proof of the enrollment described insubparagraph (A).

(2)  Submits proof of financial responsibility, as defined in Section 16430.(3)  Pays all applicable reinstatement or reissue fees and any restriction

fee required by the department.(b)  The restriction of the driving privilege shall become effective when

the department receives all of the documents and fees required undersubdivision (a) and shall remain in effect until the final day of the originalsuspension imposed under paragraph (1) of subdivision (a) of Section 13352or Section 13352.1, or until the date all reinstatement requirements describedin Section 13352 or 13352.1 have been met, whichever date is later, andmay include credit for any suspension period served under subdivision (c)of Section 13353.3.

(c)  The restriction of the driving privilege shall be limited to the hoursnecessary for driving to and from the person’s place of employment, drivingduring the course of employment, and driving to and from activities requiredin the driving-under-the-influence program.

(d)  Whenever the driving privilege is restricted under this section, proofof financial responsibility, as defined in Section 16430, shall be maintainedfor three years. If the person does not maintain that proof of financialresponsibility at any time during the restriction, the driving privilege shallbe suspended until the proof required under Section 16484 is received bythe department.

(e)  For the purposes of this section, enrollment, participation, andcompletion of an approved program shall be subsequent to the date of thecurrent violation. Credit may not be given to a program activity completedprior to the date of the current violation.

(f)  The department shall terminate the restriction issued under this sectionand shall suspend the privilege to operate a motor vehicle pursuant toparagraph (1) of subdivision (a) of Section 13352 or Section 13352.1immediately upon receipt of notification from the driving-under-the-influenceprogram that the person has failed to comply with the program requirements.The privilege shall remain suspended until the final day of the originalsuspension imposed under paragraph (1) of subdivision (a) of Section 13352

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or 13352.1, or until the date all reinstatement requirements described inSection 13352 or Section 13352.1 have been met, whichever date is later.

(g)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege under paragraph (1) of subdivision (a) ofSection 13352 or Section 13352.1 is not eligible for the restricted driver’slicense authorized under this section.

(h)  If, upon conviction, the court has made the determination, asauthorized under subdivision (d) of Section 23536 or paragraph (3) ofsubdivision (a) of Section 23538, to disallow the issuance of a restricteddriver’s license, the department may not issue a restricted driver’s licenseunder this section.

(i)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 8. Section 13352.4 is added to the Vehicle Code, to read:13352.4. (a)  Except as provided in subdivision (h), the department shall

issue a restricted driver’s license to a person whose driver’s license wassuspended under paragraph (1) of subdivision (a) of Section 13352 or Section13352.1, if the person meets all of the following requirements:

(1)  Submits proof satisfactory to the department of either of the following:(A)  Enrollment in a driving-under-the-influence program licensed

pursuant to Section 11836 of the Health and Safety Code, as described insubdivision (b) of Section 23538 of this code.

(B)  Enrollment in a program described in subdivision (b) of Section23542, if the court has ordered the person to enroll in, participate in, andcomplete either program described in that section, in which case the personshall not be required to provide proof of the enrollment described insubparagraph (A).

(2)  Complies with Section 23575.3, if applicable.(3)  Agrees to maintain the ignition interlock device as required under

Section 23575.3, if applicable.(4)  Submits proof of financial responsibility, as defined in Section 16430.(5)  Pays all applicable reinstatement or reissue fees and any restriction

fee required by the department.(6)  The person pays to the department a fee sufficient to cover the

reasonable costs of administering the requirements of this paragraph, asdetermined by the department.

(b)  The restriction of the driving privilege shall become effective whenthe department receives all of the documents and fees required undersubdivision (a) and shall remain in effect until the date all reinstatementrequirements described in Section 13352 or 13352.1 have been met.

(c)  Whenever the driving privilege is restricted under this section, proofof financial responsibility, as defined in Section 16430, shall be maintainedfor three years. If the person does not maintain that proof of financialresponsibility at any time during the restriction, the driving privilege shall

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be suspended until the proof required under Section 16484 is received bythe department.

(d)  For the purposes of this section, enrollment, participation, andcompletion of an approved program shall be subsequent to the date of thecurrent violation. Credit may not be given to a program activity completedprior to the date of the current violation.

(e)  (1)  The department shall terminate the restriction issued under thissection and shall suspend the privilege to operate a motor vehicle pursuantto paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1immediately upon receipt of notification from the driving-under-the-influenceprogram that the person has failed to comply with the program requirements.The privilege shall remain suspended until the final day of the originalsuspension imposed under paragraph (1) of subdivision (a) of Section 13352or Section 13352.1, or until the date all reinstatement requirements describedin Section 13352 or 13352.1 have been met, whichever date is later.

(2)  The department shall immediately terminate the restriction issuedpursuant to this section and shall immediately suspend or revoke the privilegeto operate a motor vehicle of a person who, with respect to an ignitioninterlock device installed pursuant to Section 23575.3, attempts to remove,bypass, or tamper with the device, has the device removed prior to thetermination date of the restriction, or fails to comply with any requirementfor the maintenance or calibration of the device. The privilege shall remainsuspended or revoked for the remaining period of the originating suspensionor revocation and until all reinstatement requirements in this section aresatisfied.

(f)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege under paragraph (1) of subdivision (a) ofSection 13352 or Section 13352.1 is not eligible for the restricted driver’slicense authorized under this section.

(g)  If, upon conviction, the court has made the determination, asauthorized under Section 23536 or paragraph (3) of subdivision (a) of Section23538, to disallow the issuance of a restricted driver’s license, the departmentmay not issue a restricted driver’s license under this section.

(h)  This section shall become operative on January 1, 2019.(i)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 9. Section 13352.4 is added to the Vehicle Code, to read:13352.4. (a)  Except as provided in subdivision (h), the department shall

issue a restricted driver’s license to a person whose driver’s license wassuspended under paragraph (1) of subdivision (a) of Section 13352 or Section13352.1, if the person meets all of the following requirements:

(1)  Submits proof satisfactory to the department of either of the following,as applicable:

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(A)  Enrollment in a driving-under-the-influence program licensedpursuant to Section 11836 of the Health and Safety Code, as described insubdivision (b) of Section 23538 of this code.

(B)  Enrollment in a program described in subdivision (b) of Section23542, if the court has ordered the person to enroll in, participate in, andcomplete either program described in that section, in which case the personshall not be required to provide proof of the enrollment described insubparagraph (A).

(2)  Submits proof of financial responsibility, as defined in Section 16430.(3)  Pays all applicable reinstatement or reissue fees and any restriction

fee required by the department.(b)  The restriction of the driving privilege shall become effective when

the department receives all of the documents and fees required undersubdivision (a) and shall remain in effect until the final day of the originalsuspension imposed under paragraph (1) of subdivision (a) of Section 13352or Section 13352.1, or until the date all reinstatement requirements describedin Section 13352 or 13352.1 have been met, whichever date is later, andmay include credit for any suspension period served under subdivision (c)of Section 13353.3.

(c)  The restriction of the driving privilege shall be limited to the hoursnecessary for driving to and from the person’s place of employment, drivingduring the course of employment, and driving to and from activities requiredin the driving-under-the-influence program.

(d)  Whenever the driving privilege is restricted under this section, proofof financial responsibility, as defined in Section 16430, shall be maintainedfor three years. If the person does not maintain that proof of financialresponsibility at any time during the restriction, the driving privilege shallbe suspended until the proof required under Section 16484 is received bythe department.

(e)  For the purposes of this section, enrollment, participation, andcompletion of an approved program shall be subsequent to the date of thecurrent violation. Credit may not be given to a program activity completedprior to the date of the current violation.

(f)  The department shall terminate the restriction issued under this sectionand shall suspend the privilege to operate a motor vehicle pursuant toparagraph (1) of subdivision (a) of Section 13352 or Section 13352.1immediately upon receipt of notification from the driving-under-the-influenceprogram that the person has failed to comply with the program requirements.The privilege shall remain suspended until the final day of the originalsuspension imposed under paragraph (1) of subdivision (a) of Section 13352or 13352.1, or until the date all reinstatement requirements described inSection 13352 or Section 13352.1 have been met, whichever date is later.

(g)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege under paragraph (1) of subdivision (a) of

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Section 13352 or Section 13352.1 is not eligible for the restricted driver’slicense authorized under this section.

(h)  If, upon conviction, the court has made the determination, asauthorized under subdivision (d) of Section 23536 or paragraph (3) ofsubdivision (a) of Section 23538, to disallow the issuance of a restricteddriver’s license, the department may not issue a restricted driver’s licenseunder this section.

(i)  This section shall become operative January 1, 2026.SEC. 10. Section 13353.3 of the Vehicle Code is amended to read:13353.3. (a)  An order of suspension of a person’s privilege to operate

a motor vehicle pursuant to Section 13353.2 shall become effective 30 daysafter the person is served with the notice pursuant to Section 13382 or 13388,or subdivision (b) of Section 13353.2.

(b)  The period of suspension of a person’s privilege to operate a motorvehicle under Section 13353.2 is as follows:

(1)  If the person has not been convicted of a separate violation of Section23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153,or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, theperson has not been administratively determined to have refused chemicaltesting pursuant to Section 13353 or 13353.1 of this code, or the person hasnot been administratively determined to have been driving with an excessiveconcentration of alcohol pursuant to Section 13353.2 on a separate occasion,which offense or occurrence occurred within 10 years of the occasion inquestion, the person’s privilege to operate a motor vehicle shall be suspendedfor four months.

(2)  (A)  If the person has been convicted of one or more separateviolations of Section 23103, as specified in Section 23103.5, or Section23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5of the Penal Code, the person has been administratively determined to haverefused chemical testing pursuant to Section 13353 or 13353.1 of this code,or the person has been administratively determined to have been drivingwith an excessive concentration of alcohol pursuant to Section 13353.2 ona separate occasion, which offense or occasion occurred within 10 years ofthe occasion in question, the person’s privilege to operate a motor vehicleshall be suspended for one year, except as provided in subparagraphs (B)and (C).

(B)  The one-year suspension pursuant to subparagraph (A) shall terminateif the person has been convicted of a violation arising out of the sameoccurrence and all of the following conditions are met:

(i)  The person is eligible for a restricted driver’s license pursuant toSection 13352.

(ii)  The person installs a functioning, certified ignition interlock deviceas required in Section 13352 for that restricted driver’s license.

(iii)  The person complies with all other applicable conditions of Section13352 for a restricted driver’s license.

(C)  The one-year suspension pursuant to subparagraph (A) shall terminateafter completion of a 90-day suspension period, and the person shall be

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eligible for a restricted license if the person has been convicted of a violationof Section 23103, as specified in Section 23103.5, arising out of the sameoccurrence, has no more than two prior alcohol-related convictions within10 years, as specified pursuant to subparagraph (A), and all of the followingconditions are met:

(i)  The person satisfactorily provides, subsequent to the underlyingviolation date, proof satisfactory to the department of enrollment in anine-month driving-under-the-influence program licensed pursuant toChapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 ofthe Health and Safety Code that consists of at least 60 hours of programactivities, including education, group counseling, and individual interviewsessions.

(ii)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in clause (i).

(iii)  The person installs a functioning, certified ignition interlock deviceand submits the “Verification of Installation” form described in paragraph(2) of subdivision (g) of Section 13386.

(iv)  The person agrees to maintain the ignition interlock device as requiredpursuant to subdivision (g) of Section 23575.

(v)  The person provides proof of financial responsibility, as defined inSection 16430.

(vi)  The person pays all license fees and any restriction fee required bythe department.

(vii)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(D)  The department shall advise those persons that are eligible undersubparagraph (C) that after completion of 90 days of the suspension period,the person may apply to the department for a restricted driver’s license,subject to the conditions set forth in subparagraph (C).

(E)  The restricted driving privilege shall become effective when thedepartment receives all of the documents and fees required undersubparagraph (C) and remain in effect for at least the remaining period ofthe original suspension and until the person provides satisfactory proof tothe department of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code.The restricted driving privilege shall be subject to the following conditions:

(i)  If the driving privilege is restricted under this section, proof offinancial responsibility, as described in Section 16430, shall be maintainedfor three years. If the person does not maintain that proof of financialresponsibility at any time during the restriction, the driving privilege shallbe suspended until the proof required pursuant to Section 16484 is receivedby the department.

(ii)  For the purposes of this section, enrollment, participation, andcompletion of an approved program shall occur subsequent to the date ofthe current violation. Credit may not be given to a program activitycompleted prior to the date of the current violation.

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(iii)  The department shall terminate the restriction issued pursuant to thissection and shall suspend the privilege to operate a motor vehicle pursuantto subparagraph (A) immediately upon receipt of notification from thedriving-under-the-influence program that the person has failed to complywith the program requirements. The privilege shall remain suspended untilthe final day of the original suspension imposed pursuant to subparagraph(A).

(iv)  The department shall suspend the privilege to operate a motor vehiclepursuant to subparagraph (A) immediately upon receipt of notification fromthe installer that a person has attempted to remove, bypass, or tamper withthe ignition interlock device, has removed the device prior to the terminationdate of the restriction, or has failed to comply with any requirement for themaintenance or calibration of the ignition interlock device ordered pursuantto this section. The privilege shall remain suspended for the remainingperiod of the original suspension imposed pursuant to subparagraph (A),except that if the person provides proof to the satisfaction of the departmentthat he or she is in compliance with the restriction issued pursuant to thissection, the department may, in its discretion, restore the privilege to operatea motor vehicle and reimpose the remaining term of the restriction.

(3)  Notwithstanding any other law, if a person has been administrativelydetermined to have been driving in violation of Section 23136 or to haverefused chemical testing pursuant to Section 13353.1, the period ofsuspension shall not be for less than one year.

(c)  If a person’s privilege to operate a motor vehicle is suspended pursuantto Section 13353.2 and the person is convicted of a violation of Section23152 or 23153, including, but not limited to, a violation described in Section23620, arising out of the same occurrence, both the suspension under Section13353.2 and the suspension or revocation under Section 13352 shall beimposed, except that the periods of suspension or revocation shall runconcurrently, and the total period of suspension or revocation shall notexceed the longer of the two suspension or revocation periods.

(d)  For the purposes of this section, a conviction of an offense in anystate, territory, or possession of the United States, the District of Columbia,the Commonwealth of Puerto Rico, or Canada that, if committed in thisstate, would be a violation of Section 23103, as specified in Section 23103.5,or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) ofSection 192.5 of the Penal Code, is a conviction of that particular sectionof the Vehicle Code or Penal Code.

(e)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege is not eligible for the restricted driver’slicense authorized pursuant to this section.

(f)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 11. Section 13353.3 is added to the Vehicle Code, to read:

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13353.3. (a)  An order of suspension of a person’s privilege to operatea motor vehicle pursuant to Section 13353.2 shall become effective 30 daysafter the person is served with the notice pursuant to Section 13382 or 13388,or subdivision (b) of Section 13353.2.

(b)  The period of suspension of a person’s privilege to operate a motorvehicle under Section 13353.2 is as follows:

(1)  If the person has not been convicted of a separate violation of Section23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153,or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, theperson has not been administratively determined to have refused chemicaltesting pursuant to Section 13353 or 13353.1 of this code, or the person hasnot been administratively determined to have been driving with an excessiveconcentration of alcohol pursuant to Section 13353.2 on a separate occasion,which offense or occurrence occurred within 10 years of the occasion inquestion, the person’s privilege to operate a motor vehicle shall be suspendedfor four months.

(2)  (A)  If the person has been convicted of one or more separateviolations of Section 23103, as specified in Section 23103.5, or Section23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5of the Penal Code, the person has been administratively determined to haverefused chemical testing pursuant to Section 13353 or 13353.1 of this code,or the person has been administratively determined to have been drivingwith an excessive concentration of alcohol pursuant to Section 13353.2 ona separate occasion, which offense or occasion occurred within 10 years ofthe occasion in question, the person’s privilege to operate a motor vehicleshall be suspended for one year, except as provided in subparagraphs (B)and (C).

(B)  The one-year suspension pursuant to subparagraph (A) shall terminateif the person has been convicted of a violation arising out of the sameoccurrence and all of the following conditions are met:

(i)  The person is eligible for a restricted driver’s license pursuant toSection 13352.

(ii)  The person installs a functioning, certified ignition interlock deviceas required in Section 13352 for that restricted driver’s license.

(iii)  The person complies with all other applicable conditions of Section13352 for a restricted driver’s license.

(C)  The one-year suspension pursuant to subparagraph (A) shall terminateafter completion of a 90-day suspension period, and the person shall beeligible for a restricted license if the person has been convicted of a violationof Section 23103, as specified in Section 23103.5, arising out of the sameoccurrence, has no more than two prior alcohol-related convictions within10 years, as specified pursuant to subparagraph (A), and all of the followingconditions are met:

(i)  The person satisfactorily provides, subsequent to the underlyingviolation date, proof satisfactory to the department of enrollment in anine-month driving-under-the-influence program licensed pursuant toChapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of

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the Health and Safety Code that consists of at least 60 hours of programactivities, including education, group counseling, and individual interviewsessions.

(ii)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in clause (i).

(iii)  The person installs a functioning, certified ignition interlock deviceand submits the “Verification of Installation” form described in paragraph(2) of subdivision (g) of Section 13386.

(iv)  The person agrees to maintain the ignition interlock device as requiredunder Section 23575.3.

(v)  The person provides proof of financial responsibility, as defined inSection 16430.

(vi)  The person pays all license fees and any restriction fee required bythe department.

(vii)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(D)  The department shall advise those persons that are eligible undersubparagraph (C) that after completion of 90 days of the suspension period,the person may apply to the department for a restricted driver’s license,subject to the conditions set forth in subparagraph (C).

(E)  The restricted driving privilege shall become effective when thedepartment receives all of the documents and fees required undersubparagraph (C) and remain in effect for at least the remaining period ofthe original suspension and until the person provides satisfactory proof tothe department of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code.The restricted driving privilege shall be subject to the following conditions:

(i)  If the driving privilege is restricted under this section, proof offinancial responsibility, as described in Section 16430, shall be maintainedfor three years. If the person does not maintain that proof of financialresponsibility at any time during the restriction, the driving privilege shallbe suspended until the proof required pursuant to Section 16484 is receivedby the department.

(ii)  For the purposes of this section, enrollment, participation, andcompletion of an approved program shall occur subsequent to the date ofthe current violation. Credit may not be given to a program activitycompleted prior to the date of the current violation.

(iii)  The department shall terminate the restriction issued pursuant to thissection and shall suspend the privilege to operate a motor vehicle pursuantto subparagraph (A) immediately upon receipt of notification from thedriving-under-the-influence program that the person has failed to complywith the program requirements. The privilege shall remain suspended untilthe final day of the original suspension imposed pursuant to subparagraph(A).

(iv)  The department shall suspend the privilege to operate a motor vehiclepursuant to subparagraph (A) immediately upon receipt of notification fromthe installer that a person has attempted to remove, bypass, or tamper with

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the ignition interlock device, has removed the device prior to the terminationdate of the restriction, or has failed to comply with any requirement for themaintenance or calibration of the ignition interlock device ordered pursuantto this section. The privilege shall remain suspended for the remainingperiod of the original suspension imposed pursuant to subparagraph (A),provided, however, that if the person provides proof to the satisfaction ofthe department that the person is in compliance with the restriction issuedpursuant to this section, the department may, in its discretion, restore theprivilege to operate a motor vehicle and reimpose the remaining term of therestriction.

(3)  Notwithstanding any other law, if a person has been administrativelydetermined to have been driving in violation of Section 23136 or to haverefused chemical testing pursuant to Section 13353.1, the period ofsuspension shall not be for less than one year.

(c)  If a person’s privilege to operate a motor vehicle is suspended pursuantto Section 13353.2 and the person is convicted of a violation of Section23152 or 23153, including, but not limited to, a violation described in Section23620, arising out of the same occurrence, both the suspension under Section13353.2 and the suspension or revocation under Section 13352 shall beimposed, except that the periods of suspension or revocation shall runconcurrently, and the total period of suspension or revocation shall notexceed the longer of the two suspension or revocation periods.

(d)  For the purposes of this section, a conviction of an offense in anystate, territory, or possession of the United States, the District of Columbia,the Commonwealth of Puerto Rico, or Canada that, if committed in thisstate, would be a violation of Section 23103, as specified in Section 23103.5,or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) ofSection 192.5 of the Penal Code, is a conviction of that particular sectionof the Vehicle Code or Penal Code.

(e)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege is not eligible for the restricted driver’slicense authorized pursuant to this section.

(f)  This section shall become operative on January 1, 2019.(g)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 12. Section 13353.3 is added to the Vehicle Code, to read:13353.3. (a)  An order of suspension of a person’s privilege to operate

a motor vehicle pursuant to Section 13353.2 shall become effective 30 daysafter the person is served with the notice pursuant to Section 13382 or 13388,or subdivision (b) of Section 13353.2.

(b)  The period of suspension of a person’s privilege to operate a motorvehicle under Section 13353.2 is as follows:

(1)  If the person has not been convicted of a separate violation of Section23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153,

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or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, theperson has not been administratively determined to have refused chemicaltesting pursuant to Section 13353 or 13353.1 of this code, or the person hasnot been administratively determined to have been driving with an excessiveconcentration of alcohol pursuant to Section 13353.2 on a separate occasion,which offense or occurrence occurred within 10 years of the occasion inquestion, the person’s privilege to operate a motor vehicle shall be suspendedfor four months.

(2)  (A)  If the person has been convicted of one or more separateviolations of Section 23103, as specified in Section 23103.5, or Section23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5of the Penal Code, the person has been administratively determined to haverefused chemical testing pursuant to Section 13353 or 13353.1 of this code,or the person has been administratively determined to have been drivingwith an excessive concentration of alcohol pursuant to Section 13353.2 ona separate occasion, which offense or occasion occurred within 10 years ofthe occasion in question, the person’s privilege to operate a motor vehicleshall be suspended for one year, except as provided in subparagraphs (B)and (C).

(B)  The one-year suspension pursuant to subparagraph (A) shall terminateif the person has been convicted of a violation arising out of the sameoccurrence and all of the following conditions are met:

(i)  The person is eligible for a restricted driver’s license pursuant toSection 13352.

(ii)  The person installs a functioning, certified ignition interlock deviceas required in Section 13352 for that restricted driver’s license.

(iii)  The person complies with all other applicable conditions of Section13352 for a restricted driver’s license.

(C)  The one-year suspension pursuant to subparagraph (A) shall terminateafter completion of a 90-day suspension period, and the person shall beeligible for a restricted license if the person has been convicted of a violationof Section 23103, as specified in Section 23103.5, arising out of the sameoccurrence, has no more than two prior alcohol-related convictions within10 years, as specified pursuant to subparagraph (A), and all of the followingconditions are met:

(i)  The person satisfactorily provides, subsequent to the underlyingviolation date, proof satisfactory to the department of enrollment in anine-month driving-under-the-influence program licensed pursuant toChapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 ofthe Health and Safety Code that consists of at least 60 hours of programactivities, including education, group counseling, and individual interviewsessions.

(ii)  The person agrees, as a condition of the restriction, to continuesatisfactory participation in the program described in clause (i).

(iii)  The person installs a functioning, certified ignition interlock deviceand submits the “Verification of Installation” form described in paragraph(2) of subdivision (g) of Section 13386.

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(iv)  The person agrees to maintain the ignition interlock device as requiredpursuant to subdivision (g) of Section 23575.

(v)  The person provides proof of financial responsibility, as defined inSection 16430.

(vi)  The person pays all license fees and any restriction fee required bythe department.

(vii)  The person pays to the department a fee sufficient to cover the costsof administration of this paragraph, as determined by the department.

(D)  The department shall advise those persons that are eligible undersubparagraph (C) that after completion of 90 days of the suspension period,the person may apply to the department for a restricted driver’s license,subject to the conditions set forth in subparagraph (C).

(E)  The restricted driving privilege shall become effective when thedepartment receives all of the documents and fees required undersubparagraph (C) and remain in effect for at least the remaining period ofthe original suspension and until the person provides satisfactory proof tothe department of successful completion of a driving-under-the-influenceprogram licensed pursuant to Section 11836 of the Health and Safety Code.The restricted driving privilege shall be subject to the following conditions:

(i)  If the driving privilege is restricted under this section, proof offinancial responsibility, as described in Section 16430, shall be maintainedfor three years. If the person does not maintain that proof of financialresponsibility at any time during the restriction, the driving privilege shallbe suspended until the proof required pursuant to Section 16484 is receivedby the department.

(ii)  For the purposes of this section, enrollment, participation, andcompletion of an approved program shall occur subsequent to the date ofthe current violation. Credit may not be given to a program activitycompleted prior to the date of the current violation.

(iii)  The department shall terminate the restriction issued pursuant to thissection and shall suspend the privilege to operate a motor vehicle pursuantto subparagraph (A) immediately upon receipt of notification from thedriving-under-the-influence program that the person has failed to complywith the program requirements. The privilege shall remain suspended untilthe final day of the original suspension imposed pursuant to subparagraph(A).

(iv)  The department shall suspend the privilege to operate a motor vehiclepursuant to subparagraph (A) immediately upon receipt of notification fromthe installer that a person has attempted to remove, bypass, or tamper withthe ignition interlock device, has removed the device prior to the terminationdate of the restriction, or fails three or more times to comply with anyrequirement for the maintenance or calibration of the ignition interlockdevice ordered pursuant to this section. The privilege shall remain suspendedfor the remaining period of the original suspension imposed pursuant tosubparagraph (A), except that if the person provides proof to the satisfactionof the department that he or she is in compliance with the restriction issuedpursuant to this section, the department may, in its discretion, restore the

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privilege to operate a motor vehicle and reimpose the remaining term of therestriction.

(3)  Notwithstanding any other law, if a person has been administrativelydetermined to have been driving in violation of Section 23136 or to haverefused chemical testing pursuant to Section 13353.1, the period ofsuspension shall not be for less than one year.

(c)  If a person’s privilege to operate a motor vehicle is suspended pursuantto Section 13353.2 and the person is convicted of a violation of Section23152 or 23153, including, but not limited to, a violation described in Section23620, arising out of the same occurrence, both the suspension under Section13353.2 and the suspension or revocation under Section 13352 shall beimposed, except that the periods of suspension or revocation shall runconcurrently, and the total period of suspension or revocation shall notexceed the longer of the two suspension or revocation periods.

(d)  For the purposes of this section, a conviction of an offense in anystate, territory, or possession of the United States, the District of Columbia,the Commonwealth of Puerto Rico, or Canada that, if committed in thisstate, would be a violation of Section 23103, as specified in Section 23103.5,or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) ofSection 192.5 of the Penal Code, is a conviction of that particular sectionof the Vehicle Code or Penal Code.

(e)  The holder of a commercial driver’s license who was operating acommercial motor vehicle, as defined in Section 15210, at the time of aviolation that resulted in a suspension or revocation of the person’snoncommercial driving privilege is not eligible for the restricted driver’slicense authorized pursuant to this section.

(f)  This section shall become operative January 1, 2026.SEC. 13. Section 13353.4 of the Vehicle Code is amended to read:13353.4. (a)  Except as provided in Section 13353.3, 13353.7, or 13353.8,

the driving privilege shall not be restored, and a restricted or hardship permitto operate a motor vehicle shall not be issued, to a person during thesuspension or revocation period specified in Section 13353, 13353.1, or13353.3.

(b)  The privilege to operate a motor vehicle shall not be restored after asuspension or revocation pursuant to Section 13352, 13353, 13353.1, or13353.2 until all applicable fees, including the fees prescribed in Section14905, have been paid and the person gives proof of financial responsibility,as defined in Section 16430, to the department.

(c)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 14. Section 13353.4 is added to the Vehicle Code, to read:13353.4. (a)  Except as provided in Section 13353.3, 13353.6, 13353.7,

or 13353.8, the driving privilege shall not be restored, and a restricted orhardship permit to operate a motor vehicle shall not be issued, to a personduring the suspension or revocation period specified in Section 13353,13353.1, or 13353.3.

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(b)  The privilege to operate a motor vehicle shall not be restored after asuspension or revocation pursuant to Section 13352, 13353, 13353.1, or13353.2 until all applicable fees, including the fees prescribed in Section14905, have been paid and the person gives proof of financial responsibility,as defined in Section 16430, to the department.

(c)  This section shall become operative on January 1, 2019.(d)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 15. Section 13353.4 is added to the Vehicle Code, to read:13353.4. (a)  Except as provided in Section 13353.3, 13353.7, or 13353.8,

the driving privilege shall not be restored, and a restricted or hardship permitto operate a motor vehicle shall not be issued, to a person during thesuspension or revocation period specified in Section 13353, 13353.1, or13353.3.

(b)  The privilege to operate a motor vehicle shall not be restored after asuspension or revocation pursuant to Section 13352, 13353, 13353.1, or13353.2 until all applicable fees, including the fees prescribed in Section14905, have been paid and the person gives proof of financial responsibility,as defined in Section 16430, to the department.

(c)  This section shall become operative January 1, 2026.SEC. 16. Section 13353.5 of the Vehicle Code is amended to read:13353.5. (a)  If a person whose driving privilege is suspended or revoked

under Section 13352, former Section 13352.4, Section 13352.4, Section13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph(2) of subdivision (f) of Section 23575 is a resident of another state at thetime the mandatory period of suspension or revocation expires, thedepartment may terminate the suspension or revocation, upon writtenapplication of the person, for the purpose of allowing the person to applyfor a license in his or her state of residence. The application shall include,but need not be limited to, evidence satisfactory to the department that theapplicant now resides in another state.

(b)  If the person submits an application for a California driver’s licensewithin three years after the date of the action to terminate suspension orrevocation pursuant to subdivision (a), a license shall not be issued untilevidence satisfactory to the department establishes that the person is qualifiedfor reinstatement and no grounds exist including, but not limited to, one ormore subsequent convictions for driving under the influence of alcohol orother drugs that would support a refusal to issue a license. The departmentmay waive the three-year requirement if the person provides the departmentwith proof of financial responsibility, as defined in Section 16430, and proofsatisfactory to the department of successful completion of adriving-under-the-influence program described in Section 13352, and thedriving-under-the-influence program is of the length required underparagraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

(c)  For the purposes of this section, “state” includes a foreign provinceor country.

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(d)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 17. Section 13353.5 is added to the Vehicle Code, to read:13353.5. (a)  If a person whose driving privilege is suspended or revoked

under Section 13352, former Section 13352.4, Section 13352.4, Section13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph(3) of subdivision (e) of Section 13352 is a resident of another state at thetime the mandatory period of suspension or revocation expires, thedepartment may terminate the suspension or revocation, upon writtenapplication of the person, for the purpose of allowing the person to applyfor a license in his or her state of residence. The application shall include,but need not be limited to, evidence satisfactory to the department that theapplicant now resides in another state.

(b)  If the person submits an application for a California driver’s licensewithin three years after the date of the action to terminate suspension orrevocation pursuant to subdivision (a), a license shall not be issued untilevidence satisfactory to the department establishes that the person is qualifiedfor reinstatement and no grounds exist including, but not limited to, one ormore subsequent convictions for driving under the influence of alcohol orother drugs that would support a refusal to issue a license. The departmentmay waive the three-year requirement if the person provides the departmentwith proof of financial responsibility, as defined in Section 16430, and proofsatisfactory to the department of successful completion of adriving-under-the-influence program described in Section 13352, and thedriving-under-the-influence program is of the length required underparagraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

(c)  For the purposes of this section, “state” includes a foreign provinceor country.

(d)  This section shall become operative on January 1, 2019.(e)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 18. Section 13353.5 is added to the Vehicle Code, to read:13353.5. (a)  If a person whose driving privilege is suspended or revoked

under Section 13352, former Section 13352.4, Section 13352.4, Section13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph(2) of subdivision (f) of Section 23575 is a resident of another state at thetime the mandatory period of suspension or revocation expires, thedepartment may terminate the suspension or revocation, upon writtenapplication of the person, for the purpose of allowing the person to applyfor a license in his or her state of residence. The application shall include,but need not be limited to, evidence satisfactory to the department that theapplicant now resides in another state.

(b)  If the person submits an application for a California driver’s licensewithin three years after the date of the action to terminate suspension orrevocation pursuant to subdivision (a), a license shall not be issued until

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evidence satisfactory to the department establishes that the person is qualifiedfor reinstatement and no grounds exist including, but not limited to, one ormore subsequent convictions for driving under the influence of alcohol orother drugs that would support a refusal to issue a license. The departmentmay waive the three-year requirement if the person provides the departmentwith proof of financial responsibility, as defined in Section 16430, and proofsatisfactory to the department of successful completion of adriving-under-the-influence program described in Section 13352, and thedriving-under-the-influence program is of the length required underparagraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

(c)  For the purposes of this section, “state” includes a foreign provinceor country.

(d)  This section shall become operative January 1, 2026.SEC. 19. Section 13353.6 is added to the Vehicle Code, to read:13353.6. (a)  Notwithstanding any other law, a person whose driving

privilege has been suspended under Section 13353.2 and who is eligible fora restricted driver’s license as provided for in Section 13353.7 or 13353.75may be eligible for a restricted driver’s license without serving any periodof the suspension if the person meets all of the eligibility requirementsspecified in those sections and the person does both of the following:

(1)  The person installs a functioning, certified ignition interlock deviceon any vehicle that he or she own or operates and submits the “Verificationof Installation” form described in paragraph (2) of subdivision (g) of Section13386.

(2)  The person agrees to maintain the ignition interlock device as requiredunder Section 23575.3.

(b)  A person whose driving privilege has been suspended under Section13353.2 may install a functioning, certified ignition interlock device priorto the effective date specified in Section 13353.3. A person who installs afunctioning, certified ignition interlock device pursuant to this subdivision,meets all of the eligibility requirements specified in Section 13353.7 or13353.75 and complies with paragraphs (1) and (2) of subdivision (a) iseligible for a restricted driver’s license on the effective date specified inSection 13353.3.

(c)  The department shall terminate the restriction issued pursuant toSection 13353.7 or 13353.75 and shall immediately reinstate the suspensionof the privilege to operate a motor vehicle upon receipt of notification fromthe ignition interlock device installer that a person has attempted to remove,bypass, or tamper with the ignition interlock device, has removed the deviceprior to the termination date of the restriction, or has failed to comply withany requirement for the maintenance or calibration of the ignition interlockdevice. The privilege shall remain suspended for the remaining mandatorysuspension period imposed pursuant to Section 13353.3, provided, however,that if the person provides proof to the satisfaction of the department thatthe person is in compliance with the restriction issued pursuant to thissection, the department may, in its discretion, restore the privilege to operatea motor vehicle and reimpose the remaining term of the restriction.

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(d)  Notwithstanding any other law, a person whose driving privilege hasbeen suspended under Section 13353.2, who is eligible for a restricteddriver’s license as provided for in Section 13353.7 or 13353.75, and whoinstalls a functioning, certified ignition interlock device pursuant to thissection or Section 13353.75, shall receive credit towards the mandatoryterm the person is required to install a functioning, certified ignition interlockdevice pursuant to Section 23575.3 for a conviction of a violation arisingout of the same occurrence that led to the person’s driving privilege beingsuspended pursuant to Section 13352.2 equal to the period of time the personinstalls a functioning, certified ignition interlock device pursuant to thissection or Section 13353.75.

(e)  This section shall become operative on January 1, 2019.(f)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 20. Section 13353.75 is added to the Vehicle Code, to read:13353.75. (a)  Subject to subdivision (d), a person who has been

previously convicted of, or found to have committed, a separate violationof Section 23103, as specified in Section 23103.5, or Section 23140, 23152,or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the PenalCode, or whose privilege to operate a motor vehicle has been suspended orrevoked pursuant to Section 13353 or 13353.2 for an offense that occurredon a separate occasion within 10 years of the occasion in question may applyto the department for a restricted driver’s license if the person meets all ofthe following requirements:

(1)  (A)  The person satisfactorily provides proof of enrollment in adriving-under-the-influence program licensed under Section 11836 of theHealth and Safety Code, as described in subdivision (b) of Section 23538.

(B)  The program shall report any failure to participate in the program tothe department and shall certify successful completion of the program tothe department.

(C)  If a person who has been issued a restricted license under this sectionfails at any time to participate in the program, the department shall suspendthe restricted license immediately. The department shall give notice of thesuspension under this paragraph in the same manner as prescribed insubdivision (b) of Section 13353.2 for the period specified in Section13353.3, that is effective upon receipt by the person.

(2)  The person was 21 years of age or older at the time the offenseoccurred and gives proof of financial responsibility as defined in Section16430.

(3)  The person has not been arrested subsequent to the offense for whichthe person’s driving privilege has been suspended under Section 13353.2for a violation of Section 23103, as specified in Section 23103.5, or Section23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5of the Penal Code, and the person’s privilege to operate a motor vehicle hasnot been suspended or revoked pursuant to Section 13353 or 13353.2 for

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an offense that occurred on a separate occasion, notwithstanding Section13551.

(4)  The person installs a functioning, certified ignition interlock deviceon any vehicle that he or she owns or operates and submits the “Verificationof Installation” form described in paragraph (2) of subdivision (g) of Section13386.

(5)  The person agrees to maintain the ignition interlock device as requiredunder Section 23575.3.

(b)  The restriction shall remain in effect for the remaining period of theoriginal suspension under Section 13353.2.

(c)  Notwithstanding subdivisions (a) and (b), and upon a conviction underSection 23152 or 23153 for the current offense, the department shall suspendor revoke the person’s privilege to operate a motor vehicle under Section13352.

(d)  If the driver was operating a commercial vehicle, as defined in Section15210, at the time of the violation that resulted in the suspension of thatperson’s driving privilege under Section 13353.2, the department shall,pursuant to this section, if the person is otherwise eligible, issue the persona class C or class M driver’s license restricted in the same manner andsubject to the same conditions as specified in subdivision (a), except thatthe license may not allow travel to and from or in the course of the person’semployment.

(e)  If the holder of a commercial driver’s license was operating a motorvehicle, other than a commercial vehicle as defined in Section 15210, at thetime of the violation that resulted in the suspension of that person’s drivingprivilege pursuant to Section 13353.2, the department shall, pursuant to thissection, if the person is otherwise eligible, issue the person a class C or classM driver’s license restricted in the same manner and subject to the sameconditions as specified in subdivision (a).

(f)  This section shall remain in effect only until January 1, 2026, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2026, deletes or extends that date.

SEC. 21. Section 13386 of the Vehicle Code 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 Section23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.

(2)  (A)  The department shall ensure that ignition interlock devices thathave been certified according to the requirements of this section continueto meet certification requirements. The department may periodically requiremanufacturers to indicate in writing whether the devices continue to meetcertification requirements.

(B)  The department may use denial of certification, suspension orrevocation of certification, or decertification of an ignition interlock devicein another state as an indication that the certification requirements are notmet, 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

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of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division1 of Title 13 of the California Code of Regulations.

(ii)  The denial of certification for an ignition interlock device in anotherstate was due to a failure of an ignition interlock device to meet the standardsadopted by the regulation set forth in clause (i), specifically Sections 1 and2 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 modelspecifications for breath alcohol ignition interlock devices, as published bynotice 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 insuspension 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 deviceto 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 orrevoke the certification of the ignition interlock device that is the subjectof 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 devicesof the manufacturer or manufacturer’s agent, in accordance with theguidelines. The cost of certification shall be borne by the manufacturers ofignition interlock devices. If the certification of a device is suspended orrevoked, the manufacturer of the device shall be responsible for, and shallbear the cost of, the removal of the device and the replacement of a certifieddevice of the manufacturer or another manufacturer.

(e)  No model of ignition interlock device shall be certified unless it meetsthe accuracy requirements and specifications provided in the guidelinesadopted by the National Highway Traffic Safety Administration.

(f)  All manufacturers of ignition interlock devices that meet therequirements of subdivision (e) and are certified in a manner approved bythe department, who intend to market the devices in this state, first shallapply to the department on forms provided by that department. Theapplication shall be accompanied by a fee in an amount not to exceed theamount necessary to cover the costs incurred by the department in carryingout this section.

(g)  The department shall ensure that standard forms and procedures aredeveloped for documenting decisions and compliance and communicatingresults to relevant agencies. These forms shall include all of the following:

(1)  An “Option to Install,” shall be sent by the department to all offendersalong with the mandatory order of suspension or revocation. This shallinclude the alternatives available for early license reinstatement with theinstallation of a functioning, certified ignition interlock device and shall beaccompanied by a toll-free telephone number for each manufacturer of a

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certified ignition interlock device. Information regarding approvedinstallation locations shall be provided to drivers by manufacturers withignition interlock devices that have been certified in accordance with thissection.

(2)  A “Verification of Installation” to be returned to the department bythe reinstating offender upon application for reinstatement. Copies shall beprovided for the manufacturer or the manufacturer’s agent.

(3)  A “Notice of Noncompliance” and procedures to ensure continueduse of the ignition interlock device during the restriction period and to ensurecompliance with maintenance requirements. The maintenance period shallbe standardized at 60 days to maximize monitoring checks for equipmenttampering.

(h)  The department shall develop rules under which every manufacturerand manufacturer’s agent certified by the department to provide ignitioninterlock devices shall provide a fee schedule to the department of themanufacturer’s standard ignition interlock device program costs, stating thestandard charges for installation, service and maintenance, and removal ofthe manufacturer’s device, and shall develop a form to be signed by anauthorized representative of the manufacturer pursuant to which themanufacturer agrees to provide functioning, certified ignition interlockdevices to applicants at the costs described in subdivision (k) of Section23575.3. The form shall contain an acknowledgment that the failure of themanufacturer, its agents, or authorized installers to comply with subdivision(k) of Section 23575.3 shall result in suspension or revocation of thedepartment’s approval for the manufacturer to market ignition interlockdevices in this state.

(i)  A person who manufactures, installs, services, or repairs, or otherwisedeals in ignition interlock devices shall not disclose, sell, or transfer to athird party any individually identifiable information pertaining to individualswho are required by law to install a functioning, certified ignition interlockdevice on a vehicle that he or she owns or operates, except to the extentnecessary to confirm or deny that an individual has complied with ignitioninterlock device installation and maintenance requirements.

(j)  This section shall remain in effect only until January 1, 2026, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2026, deletes or extends that date.

SEC. 22. Section 13386 is added to the Vehicle Code, to read:13386. (a)  (1)  The department shall certify or cause to be certified

ignition interlock devices required by Article 5 (commencing with Section23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.

(2)  (A)  The department shall ensure that ignition interlock devices thathave been certified according to the requirements of this section continueto meet certification requirements. The department may periodically requiremanufacturers to indicate in writing whether the devices continue to meetcertification requirements.

(B)  The department may use denial of certification, suspension orrevocation of certification, or decertification of an ignition interlock device

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in another state as an indication that the certification requirements are notmet, 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 manufacturerof Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division1 of Title 13 of the California Code of Regulations.

(ii)  The denial of certification for an ignition interlock device in anotherstate was due to a failure of an ignition interlock device to meet the standardsadopted by the regulation set forth in clause (i), specifically Sections 1 and2 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 ModelSpecifications for Breath Alcohol Ignition Interlock Devices, as publishedby 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 insuspension 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 deviceto 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 orrevoke the certification of the ignition interlock device that is the subjectof 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 devicesof the manufacturer or manufacturer’s agent, in accordance with theguidelines. The cost of certification shall be borne by the manufacturers ofignition interlock devices. If the certification of a device is suspended orrevoked, the manufacturer of the device shall be responsible for, and shallbear the cost of, the removal of the device and the replacement of a certifieddevice of the manufacturer or another manufacturer.

(e)  A model of ignition interlock device shall not be certified unless itmeets the accuracy requirements and specifications provided in the guidelinesadopted by the National Highway Traffic Safety Administration.

(f)  All manufacturers of ignition interlock devices that meet therequirements of subdivision (e) and are certified in a manner approved bythe department, who intend to sell the devices in this state, first shall applyto the department on forms provided by that department. The applicationshall be accompanied by a fee in an amount not to exceed the amountnecessary to cover the costs incurred by the department in carrying out thissection.

(g)  The department shall ensure that standard forms and procedures aredeveloped for documenting decisions and compliance and communicatingresults to relevant agencies. These forms shall include all of the following:

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(1)  An “Option to Install,” to be sent by the department to repeat offendersalong with the mandatory order of suspension or revocation. This shallinclude the alternatives available for early license reinstatement with theinstallation of an ignition interlock device and shall be accompanied by atoll-free telephone number for each manufacturer of a certified ignitioninterlock device. Information regarding approved installation locations shallbe provided to drivers by manufacturers with ignition interlock devices thathave been certified in accordance with this section.

(2)  A “Verification of Installation” to be returned to the department bythe reinstating offender upon application for reinstatement. Copies shall beprovided for the manufacturer or the manufacturer’s agent.

(3)  A “Notice of Noncompliance” and procedures to ensure continueduse of the ignition interlock device during the restriction period and to ensurecompliance with maintenance requirements. The maintenance period shallbe standardized at 60 days to maximize monitoring checks for equipmenttampering.

(h)  Every manufacturer and manufacturer’s agent certified by thedepartment to provide ignition interlock devices shall adopt fee schedulesthat provide for the payment of the costs of the device by applicants inamounts commensurate with the applicant’s ability to pay.

(i)  A person who manufactures, installs, services, or repairs, or otherwisedeals in ignition interlock devices shall not disclose, sell, or transfer to athird party any individually identifiable information pertaining to individualswho are required by law to install an ignition interlock device on a vehiclethat he or she owns or operates, except to the extent necessary to confirmor deny that an individual has complied with ignition interlock deviceinstallation and maintenance requirements.

(j)  This section shall become operative January 1, 2026.SEC. 23. Section 13390 is added to the Vehicle Code, to read:13390. (a)  A temporary license issued pursuant to Section 13382, 13388,

or 13389 shall contain a notice that the person may be able to regain drivingprivileges with the installation of an ignition interlock device, that financialassistance may be available for that purpose, and a contact for obtainingmore information regarding the ignition interlock program.

(b)  This section shall remain in effect only until January 1, 2026, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2026, deletes or extends that date.

SEC. 24. Section 23103.5 of the Vehicle Code is amended to read:23103.5. (a)  If the prosecution agrees to a plea of guilty or nolo

contendere to a charge of a violation of Section 23103 in satisfaction of, oras a substitute for, an original charge of a violation of Section 23152, theprosecution shall state for the record a factual basis for the satisfaction orsubstitution, including whether or not there had been consumption of analcoholic beverage or ingestion or administration of a drug, or both, by thedefendant in connection with the offense. The statement shall set forth thefacts that show whether or not there was a consumption of an alcoholic

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beverage or the ingestion or administration of a drug by the defendant inconnection with the offense.

(b)  The court shall advise the defendant, prior to the acceptance of theplea offered pursuant to a factual statement pursuant to subdivision (a), ofthe consequences of a conviction of a violation of Section 23103 as set forthin subdivision (c).

(c)  If the court accepts the defendant’s plea of guilty or nolo contendereto a charge of a violation of Section 23103 and the prosecutor’s statementunder subdivision (a) states that there was consumption of an alcoholicbeverage or the ingestion or administration of a drug by the defendant inconnection with the offense, the resulting conviction shall be a prior offensefor the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,as specified in those sections.

(d)  The court shall notify the Department of Motor Vehicles of eachconviction of Section 23103 that is required under this section to be a prioroffense for purposes of Section 23540, 23546, 23550, 23560, 23566, or23622.

(e)  Except as provided in paragraph (1) of subdivision (f), if the courtplaces the defendant on probation for a conviction of Section 23103 that isrequired under this section to be a prior offense for purposes of Section23540, 23546, 23550, 23560, 23566, or 23622, the court shall order thedefendant to enroll in an alcohol and drug education program licensed underChapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 ofthe Health and Safety Code and complete, at a minimum, the educationalcomponent of that program, as a condition of probation. If compellingcircumstances exist that mitigate against including the education componentin the order, the court may make an affirmative finding to that effect. Thecourt shall state the compelling circumstances and the affirmative findingon the record, and may, in these cases, exclude the educational componentfrom the order.

(f)  (1)  If the court places on probation a defendant convicted of aviolation of Section 23103 that is required under this section to be a prioroffense for purposes of Section 23540, 23546, 23550, 23560, 23566, or23622, and that offense occurred within 10 years of a separate convictionof a violation of Section 23103, as specified in this section, or within 10years of a conviction of a violation of Section 23152 or 23153, the courtshall order the defendant to participate for nine months or longer, as orderedby the court, in a program licensed under Chapter 9 (commencing withSection 11836) of Part 2 of Division 10.5 of the Health and Safety Codethat consists of at least 60 hours of program activities, including education,group counseling, and individual interview sessions.

(2)  The court shall revoke the person’s probation, except for good causeshown, for the failure to enroll in, participate in, or complete a programspecified in paragraph (1).

(g)  Commencing January 1, 2019, the court may require a personconvicted on or after January 1, 2019, of a violation of Section 23103, asdescribed in this section, to install a functioning, certified ignition interlock

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device on any vehicle that the person operates and prohibit that person fromoperating a motor vehicle unless that vehicle is equipped with a functioning,certified ignition interlock device. If the court orders the ignition interlockdevice restriction, the term shall be determined by the court for a period ofat least three months, but no longer than the term specified in Section23575.3 that would have applied to the defendant had he or she instead beenconvicted of a violation of Section 23152, from the date of conviction. Thecourt shall notify the Department of Motor Vehicles, as specified insubdivision (a) of Section 1803, of the terms of the restrictions in accordancewith subdivision (a) of Section 1804. The Department of Motor Vehiclesshall place the restriction in the person’s records in the Department of MotorVehicles. A person who is required to install a functioning, certified ignitioninterlock device pursuant to this subdivision shall submit the “Verificationof Installation” form described in paragraph (2) of subdivision (g) of Section13386 and maintain the ignition interlock device as required undersubdivision (f) of Section 23575.3. The department shall monitor theinstallation and maintenance of the ignition interlock device installedpursuant to this subdivision.

(h)  The Department of Motor Vehicles shall include in its annual reportto the Legislature under Section 1821 an evaluation of the effectiveness ofthe programs described in subdivisions (e) and (g) as to treating personsconvicted of violating Section 23103.

(i)  This section shall remain in effect only until January 1, 2026, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2026, deletes or extends that date.

SEC. 25. Section 23103.5 is added to the Vehicle Code, to read:23103.5. (a)  If the prosecution agrees to a plea of guilty or nolo

contendere to a charge of a violation of Section 23103 in satisfaction of, oras a substitute for, an original charge of a violation of Section 23152, theprosecution shall state for the record a factual basis for the satisfaction orsubstitution, including whether or not there had been consumption of analcoholic beverage or ingestion or administration of a drug, or both, by thedefendant in connection with the offense. The statement shall set forth thefacts that show whether or not there was a consumption of an alcoholicbeverage or the ingestion or administration of a drug by the defendant inconnection with the offense.

(b)  The court shall advise the defendant, prior to the acceptance of theplea offered pursuant to a factual statement pursuant to subdivision (a), ofthe consequences of a conviction of a violation of Section 23103 as set forthin subdivision (c).

(c)  If the court accepts the defendant’s plea of guilty or nolo contendereto a charge of a violation of Section 23103 and the prosecutor’s statementunder subdivision (a) states that there was consumption of an alcoholicbeverage or the ingestion or administration of a drug by the defendant inconnection with the offense, the resulting conviction shall be a prior offensefor the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622,as specified in those sections.

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(d)  The court shall notify the Department of Motor Vehicles of eachconviction of Section 23103 that is required under this section to be a prioroffense for purposes of Section 23540, 23546, 23550, 23560, 23566, or23622.

(e)  Except as provided in paragraph (1) of subdivision (f), if the courtplaces the defendant on probation for a conviction of Section 23103 that isrequired under this section to be a prior offense for purposes of Section23540, 23546, 23550, 23560, 23566, or 23622, the court shall order thedefendant to enroll in an alcohol and drug education program licensed underChapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 ofthe Health and Safety Code and complete, at a minimum, the educationalcomponent of that program, as a condition of probation. If compellingcircumstances exist that mitigate against including the education componentin the order, the court may make an affirmative finding to that effect. Thecourt shall state the compelling circumstances and the affirmative findingon the record, and may, in these cases, exclude the educational componentfrom the order.

(f)  (1)  If the court places on probation a defendant convicted of aviolation of Section 23103 that is required under this section to be a prioroffense for purposes of Section 23540, 23546, 23550, 23560, 23566, or23622, and that offense occurred within 10 years of a separate convictionof a violation of Section 23103, as specified in this section, or within 10years of a conviction of a violation of Section 23152 or 23153, the courtshall order the defendant to participate for nine months or longer, as orderedby the court, in a program licensed under Chapter 9 (commencing withSection 11836) of Part 2 of Division 10.5 of the Health and Safety Codethat consists of at least 60 hours of program activities, including education,group counseling, and individual interview sessions.

(2)  The court shall revoke the person’s probation, except for good causeshown, for the failure to enroll in, participate in, or complete a programspecified in paragraph (1).

(g)  The Department of Motor Vehicles shall include in its annual reportto the Legislature under Section 1821 an evaluation of the effectiveness ofthe programs described in subdivisions (e) and (f) as to treating personsconvicted of violating Section 23103.

(h)  This section shall become operative January 1, 2026.SEC. 26. Section 23247 of the Vehicle Code is amended to read:23247. (a)  It is unlawful for a person to knowingly rent, lease, or lend

a motor vehicle to another person known to have had his or her drivingprivilege restricted as provided in Section 13352, 23575, or 23700, unlessthe vehicle is equipped with a functioning, certified ignition interlock device.A person, whose driving privilege is restricted pursuant to Section 13352,23575, or 23700 shall notify any other person who rents, leases, or loans amotor vehicle to him or her of the driving restriction imposed under thatsection.

(b)  It is unlawful for any person whose driving privilege is restrictedpursuant to Section 13352, 23575, or 23700 to request or solicit any other

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person to blow into an ignition interlock device or to start a motor vehicleequipped with the device for the purpose of providing the person so restrictedwith an operable motor vehicle.

(c)  It is unlawful to blow into an ignition interlock device or to start amotor vehicle equipped with the device for the purpose of providing anoperable motor vehicle to a person whose driving privilege is restrictedpursuant to Section 13352, 23575, or 23700.

(d)  It is unlawful to remove, bypass, or tamper with, an ignition interlockdevice.

(e)  It is unlawful for any person whose driving privilege is restrictedpursuant to Section 13352, 23575, or 23700 to operate any vehicle notequipped with a functioning, certified ignition interlock device.

(f)  Any person convicted of a violation of this section shall be punishedby imprisonment in a county jail for not more than six months or by a fineof not more than five thousand dollars ($5,000), or by both that fine andimprisonment.

(g)  (1)  If any person whose driving privilege is restricted pursuant toSection 13352 is convicted of a violation of subdivision (e), the court shallnotify the Department of Motor Vehicles, which shall immediately terminatethe restriction and shall suspend or revoke the person’s driving privilegefor the remaining period of the originating suspension or revocation anduntil all reinstatement requirements in Section 13352 are met.

(2)  If any person who is restricted pursuant to subdivision (a) or (l) ofSection 23575 or Section 23700 is convicted of a violation of subdivision(e), the department shall suspend the person’s driving privilege for one yearfrom the date of the conviction.

(h)  Notwithstanding any other law, if a vehicle in which a functioning,certified ignition interlock device has been installed is impounded, themanufacturer or installer of the device shall have the right to remove thedevice from the vehicle during normal business hours. No charge shall beimposed for the removal of the device nor shall the manufacturer or installerbe liable for any removal, towing, impoundment, storage, release, oradministrative costs or penalties associated with the impoundment. Uponrequest, the person seeking to remove the device shall present documentationto justify removal of the device from the vehicle. Any damage to the vehicleresulting from the removal of the device is the responsibility of the personremoving it.

(i)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 27. Section 23247 is added to the Vehicle Code, to read:23247. (a)  It is unlawful for a person to knowingly rent, lease, or lend

a motor vehicle to another person known to have had his or her drivingprivilege restricted as provided in Section 13352, 13352.4, 23575, 23575.3,or 23700, unless the vehicle is equipped with a functioning, certified ignitioninterlock device. A person, whose driving privilege is restricted pursuantto Section 13352, 13352.4, 23575, 23575.3, or 23700 shall notify any other

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person who rents, leases, or loans a motor vehicle to him or her of the drivingrestriction imposed under that section.

(b)  It is unlawful for any person whose driving privilege is restrictedpursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 to requestor solicit any other person to blow into an ignition interlock device or tostart a motor vehicle equipped with the device for the purpose of providingthe person so restricted with an operable motor vehicle.

(c)  It is unlawful to blow into an ignition interlock device or to start amotor vehicle equipped with the device for the purpose of providing anoperable motor vehicle to a person whose driving privilege is restrictedpursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700.

(d)  It is unlawful to remove, bypass, or tamper with, an ignition interlockdevice.

(e)  It is unlawful for any person whose driving privilege is restrictedpursuant to Section 13352, 13352.4, 23575, 23575.3, or 23700 to operateany vehicle not equipped with a functioning ignition interlock device.

(f)  Any person convicted of a violation of this section shall be punishedby imprisonment in a county jail for not more than six months or by a fineof not more than five thousand dollars ($5,000), or by both that fine andimprisonment.

(g)  (1)  If any person whose driving privilege is restricted pursuant toSection 13352 or 13352.4 is convicted of a violation of subdivision (e), thecourt shall notify the Department of Motor Vehicles, which shall immediatelyterminate the restriction and shall suspend or revoke the person’s drivingprivilege for the remaining period of the originating suspension or revocationand until all reinstatement requirements in Section 13352 are met.

(2)  If any person who is restricted pursuant to Section 23575.3,subdivision (a) or (i) of Section 23575, or Section 23700 is convicted of aviolation of subdivision (e), the department shall suspend the person’sdriving privilege for one year from the date of the conviction.

(h)  Notwithstanding any other law, if a vehicle in which a functioning,certified ignition interlock device has been installed is impounded, themanufacturer or installer of the device shall have the right to remove thedevice from the vehicle during normal business hours. No charge shall beimposed for the removal of the device nor shall the manufacturer or installerbe liable for any removal, towing, impoundment, storage, release, oradministrative costs or penalties associated with the impoundment. Uponrequest, the person seeking to remove the device shall present documentationto justify removal of the device from the vehicle. Any damage to the vehicleresulting from the removal of the device is the responsibility of the personremoving it.

(i)  This section shall become operative on January 1, 2019.(j)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 28. Section 23247 is added to the Vehicle Code, to read:

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23247. (a)  It is unlawful for a person to knowingly rent, lease, or lenda motor vehicle to another person known to have had his or her drivingprivilege restricted as provided in Section 13352, 23575, or 23700, unlessthe vehicle is equipped with a functioning, certified ignition interlock device.A person, whose driving privilege is restricted pursuant to Section 13352,23575, or 23700 shall notify any other person who rents, leases, or loans amotor vehicle to him or her of the driving restriction imposed under thatsection.

(b)  It is unlawful for any person whose driving privilege is restrictedpursuant to Section 13352, 23575, or 23700 to request or solicit any otherperson to blow into an ignition interlock device or to start a motor vehicleequipped with the device for the purpose of providing the person so restrictedwith an operable motor vehicle.

(c)  It is unlawful to blow into an ignition interlock device or to start amotor vehicle equipped with the device for the purpose of providing anoperable motor vehicle to a person whose driving privilege is restrictedpursuant to Section 13352, 23575, or 23700.

(d)  It is unlawful to remove, bypass, or tamper with, an ignition interlockdevice.

(e)  It is unlawful for any person whose driving privilege is restrictedpursuant to Section 13352, 23575, or 23700 to operate any vehicle notequipped with a functioning, certified ignition interlock device.

(f)  Any person convicted of a violation of this section shall be punishedby imprisonment in a county jail for not more than six months or by a fineof not more than five thousand dollars ($5,000), or by both that fine andimprisonment.

(g)  (1)  If any person whose driving privilege is restricted pursuant toSection 13352 is convicted of a violation of subdivision (e), the court shallnotify the Department of Motor Vehicles, which shall immediately terminatethe restriction and shall suspend or revoke the person’s driving privilegefor the remaining period of the originating suspension or revocation anduntil all reinstatement requirements in Section 13352 are met.

(2)  If any person who is restricted pursuant to subdivision (a) or (l) ofSection 23575 or Section 23700 is convicted of a violation of subdivision(e), the department shall suspend the person’s driving privilege for one yearfrom the date of the conviction.

(h)  Notwithstanding any other law, if a vehicle in which a functioning,certified ignition interlock device has been installed is impounded, themanufacturer or installer of the device shall have the right to remove thedevice from the vehicle during normal business hours. No charge shall beimposed for the removal of the device nor shall the manufacturer or installerbe liable for any removal, towing, impoundment, storage, release, oradministrative costs or penalties associated with the impoundment. Uponrequest, the person seeking to remove the device shall present documentationto justify removal of the device from the vehicle. Any damage to the vehicleresulting from the removal of the device is the responsibility of the personremoving it.

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(i)  This section shall become operative January 1, 2026.SEC. 29. Section 23573 of the Vehicle Code is amended to read:23573. (a)  The Department of Motor Vehicles, upon receipt of the

court’s abstract of conviction for a violation listed in subdivision (j), shallinform the convicted person of the requirements of this section and the termfor which the person is required to have a functioning, certified ignitioninterlock device installed. The records of the department shall reflect themandatory use of the device for the term required and the time when thedevice is required to be installed pursuant to this code.

(b)  The department shall advise the person that installation of afunctioning, certified ignition interlock device on a vehicle does not allowthe person to drive without a valid driver’s license.

(c)  A person who is notified by the department pursuant to subdivision(a) shall, within 30 days of notification, complete all of the following:

(1)  Arrange for each vehicle operated by the person to be fitted with afunctioning, certified ignition interlock device by a certified ignition interlockdevice provider under Section 13386.

(2)  Notify the department and provide to the department proof ofinstallation by submitting the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(3)  Pay to the department a fee sufficient to cover the costs ofadministration of this section, including startup costs, as determined by thedepartment.

(d)  The department shall place a restriction on the driver’s license recordof the convicted person that states the driver is restricted to driving onlyvehicles equipped with a functioning, certified ignition interlock device.

(e)  (1)  A person who is notified by the department pursuant tosubdivision (a) shall arrange for each vehicle with an ignition interlockdevice to be serviced by the installer at least once every 60 days in orderfor the installer to recalibrate and monitor the operation of the device.

(2)  The installer shall notify the department if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with any requirement forthe maintenance or calibration of the ignition interlock device.

(f)  The department shall monitor the installation and maintenance of theignition interlock device installed pursuant to subdivision (a).

(g)  (1)  A person who is notified by the department, pursuant tosubdivision (a), is exempt from the requirements of subdivision (c) if all ofthe following circumstances occur:

(A)  Within 30 days of the notification, the person certifies to thedepartment all of the following:

(i)  The person does not own a vehicle.(ii)  The person does not have access to a vehicle at his or her residence.(iii)  The person no longer has access to the vehicle being driven by the

person when he or she was arrested for a violation that subsequently resultedin a conviction for a violation listed in subdivision (j).

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(iv)  The person acknowledges that he or she is only allowed to drive avehicle that is fitted with a functioning, certified ignition interlock deviceand that he or she is required to have a valid driver’s license before he orshe can drive.

(v)  The person is subject to the requirements of this section when he orshe purchases or has access to a vehicle.

(B)  The person’s driver’s license record has been restricted pursuant tosubdivision (d).

(C)  The person complies with this section immediately upon commencingownership or operation of a vehicle subject to the required installation of afunctioning, certified ignition interlock device.

(2)  A person who has been granted an exemption pursuant to thissubdivision and who subsequently drives a vehicle in violation of theexemption is subject to the penalties of subdivision (i) in addition to anyother applicable penalties in law.

(h)  This section does not permit a person to drive without a valid driver’slicense.

(i)  A person who is required under subdivision (c) to install a functioning,certified ignition interlock device who willfully fails to install the ignitioninterlock device within the time period required under subdivision (c) isguilty of a misdemeanor and shall be punished by imprisonment in a countyjail for not more than six months or by a fine of not more than five thousanddollars ($5,000), or by both that fine and imprisonment.

(j)  In addition to all other requirements of this code, a person convictedof any of the following violations shall be punished as follows:

(1)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to one prior conviction of a violation of Section 23103.5,23152, or 23153, within a 10-year period, the person shall immediatelyinstall a functioning, certified ignition interlock device, pursuant to thissection, in all vehicles operated by that person for a term of one year.

(2)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to two prior convictions of a violation of Section23103.5, 23152, or 23153, within a 10-year period, or one prior convictionof Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the personshall immediately install a functioning, certified ignition interlock device,pursuant to this section, in all vehicles operated by that person for a termof two years.

(3)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to three or more prior convictions of a violation ofSection 23103.5, 23152, or 23153, within a 10-year period, or two or moreprior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-yearperiod, the person shall immediately install a functioning, certified ignitioninterlock device, pursuant to this section, in all vehicles operated by thatperson for a term of three years.

(k)  The department shall notify the court if a person subject to this sectionhas failed to show proof of installation within 30 days of the department

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informing the person he or she is required to install a functioning, certifiedignition interlock device.

(l)  Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to thissection.

(m)  The requirements of this section are in addition to any otherrequirements of law.

(n)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 30. Section 23573 is added to the Vehicle Code, to read:23573. (a)  The Department of Motor Vehicles, upon receipt of the

court’s abstract of conviction for a violation listed in subdivision (j), shallinform the convicted person of the requirements of this section and the termfor which the person is required to have a functioning, certified ignitioninterlock device installed. The records of the department shall reflect themandatory use of the device for the term required and the time when thedevice is required to be installed pursuant to this code.

(b)  The department shall advise the person that installation of afunctioning, certified ignition interlock device on a vehicle does not allowthe person to drive without a valid driver’s license.

(c)  A person who is notified by the department pursuant to subdivision(a) shall, within 30 days of notification, complete all of the following:

(1)  Arrange for each vehicle operated by the person to be fitted with afunctioning, certified ignition interlock device by a certified ignition interlockdevice provider under Section 13386.

(2)  Notify the department and provide to the department proof ofinstallation by submitting the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(3)  Pay to the department a fee sufficient to cover the costs ofadministration of this section, including startup costs, as determined by thedepartment.

(d)  The department shall place a restriction on the driver’s license recordof the convicted person that states the driver is restricted to driving onlyvehicles equipped with a functioning, certified ignition interlock device.

(e)  (1)  A person who is notified by the department pursuant tosubdivision (a) shall arrange for each vehicle with an ignition interlockdevice to be serviced by the installer at least once every 60 days in orderfor the installer to recalibrate and monitor the operation of the device.

(2)  The installer shall notify the department if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with any requirement forthe maintenance or calibration of the ignition interlock device.

(f)  The department shall monitor the installation and maintenance of thefunctioning, certified ignition interlock device installed pursuant tosubdivision (a).

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(g)  (1)  A person who is notified by the department, pursuant tosubdivision (a), is exempt from the requirements of subdivision (c) if all ofthe following circumstances occur:

(A)  Within 30 days of the notification, the person certifies to thedepartment all of the following:

(i)  The person does not own a vehicle.(ii)  The person does not have access to a vehicle at his or her residence.(iii)  The person no longer has access to the vehicle being driven by the

person when he or she was arrested for a violation that subsequently resultedin a conviction for a violation listed in subdivision (j).

(iv)  The person acknowledges that he or she is only allowed to drive avehicle that is fitted with a functioning, certified ignition interlock deviceand that he or she is required to have a valid driver’s license before he orshe can drive.

(v)  The person is subject to the requirements of this section when he orshe purchases or has access to a vehicle.

(B)  The person’s driver’s license record has been restricted pursuant tosubdivision (d).

(C)  The person complies with this section immediately upon commencingoperation of a vehicle subject to the required installation of a functioning,certified ignition interlock device.

(2)  A person who has been granted an exemption pursuant to thissubdivision and who subsequently drives a vehicle in violation of theexemption is subject to the penalties of subdivision (i) in addition to anyother applicable penalties in law.

(h)  This section does not permit a person to drive without a valid driver’slicense.

(i)  A person who is required under subdivision (c) to install a functioning,certified ignition interlock device who willfully fails to install the ignitioninterlock device within the time period required under subdivision (c) isguilty of a misdemeanor and shall be punished by imprisonment in a countyjail for not more than six months or by a fine of not more than five thousanddollars ($5,000), or by both that fine and imprisonment.

(j)  In addition to all other requirements of this code, a person convictedof any of the following violations shall be punished as follows:

(1)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to one prior conviction of a violation of Section 23103.5,23152, or 23153, within a 10-year period, the person shall immediatelyinstall a functioning, certified ignition interlock device, pursuant to thissection, in all vehicles operated by that person for a term of one year.

(2)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to two prior convictions of a violation of Section23103.5, 23152, or 23153, within a 10-year period, or one prior convictionof Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the personshall immediately install a functioning, certified ignition interlock device,pursuant to this section, in all vehicles operated by that person for a termof two years.

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(3)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to three or more prior convictions of a violation ofSection 23103.5, 23152, or 23153, within a 10-year period, or two or moreprior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-yearperiod, the person shall immediately install a functioning, certified ignitioninterlock device, pursuant to this section, in all vehicles operated by thatperson for a term of three years.

(k)  The department shall notify the court if a person subject to this sectionhas failed to show proof of installation within 30 days of the departmentinforming the person he or she is required to install a functioning, certifiedignition interlock device.

(l)  Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply to thissection.

(m)  The requirements of this section are in addition to any otherrequirements of law.

(n)  This section shall become operative on January 1, 2019.(o)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 31. Section 23573 is added to the Vehicle Code, to read:23573. (a)  The Department of Motor Vehicles, upon receipt of the

court’s abstract of conviction for a violation listed in subdivision (j), shallinform the convicted person of the requirements of this section and the termfor which the person is required to have a functioning, certified ignitioninterlock device installed. The records of the department shall reflect themandatory use of the device for the term required and the time when thedevice is required to be installed pursuant to this code.

(b)  The department shall advise the person that installation of afunctioning, certified ignition interlock device on a vehicle does not allowthe person to drive without a valid driver’s license.

(c)  A person who is notified by the department pursuant to subdivision(a) shall, within 30 days of notification, complete all of the following:

(1)  Arrange for each vehicle operated by the person to be fitted with afunctioning, certified ignition interlock device by a certified ignition interlockdevice provider under Section 13386.

(2)  Notify the department and provide to the department proof ofinstallation by submitting the “Verification of Installation” form describedin paragraph (2) of subdivision (g) of Section 13386.

(3)  Pay to the department a fee sufficient to cover the costs ofadministration of this section, including startup costs, as determined by thedepartment.

(d)  The department shall place a restriction on the driver’s license recordof the convicted person that states the driver is restricted to driving onlyvehicles equipped with a functioning, certified ignition interlock device.

(e)  (1)  A person who is notified by the department pursuant tosubdivision (a) shall arrange for each vehicle with an ignition interlock

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device to be serviced by the installer at least once every 60 days in orderfor the installer to recalibrate and monitor the operation of the device.

(2)  The installer shall notify the department if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with any requirement forthe maintenance or calibration of the ignition interlock device.

(f)  The department shall monitor the installation and maintenance of theignition interlock device installed pursuant to subdivision (a).

(g)  (1)  A person who is notified by the department, pursuant tosubdivision (a), is exempt from the requirements of subdivision (c) if all ofthe following circumstances occur:

(A)  Within 30 days of the notification, the person certifies to thedepartment all of the following:

(i)  The person does not own a vehicle.(ii)  The person does not have access to a vehicle at his or her residence.(iii)  The person no longer has access to the vehicle being driven by the

person when he or she was arrested for a violation that subsequently resultedin a conviction for a violation listed in subdivision (j).

(iv)  The person acknowledges that he or she is only allowed to drive avehicle that is fitted with a functioning, certified ignition interlock deviceand that he or she is required to have a valid driver’s license before he orshe can drive.

(v)  The person is subject to the requirements of this section when he orshe purchases or has access to a vehicle.

(B)  The person’s driver’s license record has been restricted pursuant tosubdivision (d).

(C)  The person complies with this section immediately upon commencingoperation of a vehicle subject to the required installation of a functioning,certified ignition interlock device.

(2)  A person who has been granted an exemption pursuant to thissubdivision and who subsequently drives a vehicle in violation of theexemption is subject to the penalties of subdivision (i) in addition to anyother applicable penalties in law.

(h)  This section does not permit a person to drive without a valid driver’slicense.

(i)  A person who is required under subdivision (c) to install a functioning,certified ignition interlock device who willfully fails to install the ignitioninterlock device within the time period required under subdivision (c) isguilty of a misdemeanor and shall be punished by imprisonment in a countyjail for not more than six months or by a fine of not more than five thousanddollars ($5,000), or by both that fine and imprisonment.

(j)  In addition to all other requirements of this code, a person convictedof any of the following violations shall be punished as follows:

(1)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to one prior conviction of a violation of Section 23103.5,23152, or 23153, within a 10-year period, the person shall immediately

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install a functioning, certified ignition interlock device, pursuant to thissection, in all vehicles operated by that person for a term of one year.

(2)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to two prior convictions of a violation of Section23103.5, 23152, or 23153, within a 10-year period, or one prior convictionof Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the personshall immediately install a functioning, certified ignition interlock device,pursuant to this section, in all vehicles operated by that person for a termof two years.

(3)  Upon a conviction of a violation of Section 14601.2, 14601.4, or14601.5 subsequent to three or more prior convictions of a violation ofSection 23103.5, 23152, or 23153, within a 10-year period, or two or moreprior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-yearperiod, the person shall immediately install a functioning, certified ignitioninterlock device, pursuant to this section, in all vehicles operated by thatperson for a term of three years.

(k)  The department shall notify the court if a person subject to this sectionhas failed to show proof of installation within 30 days of the departmentinforming the person he or she is required to install a functioning, certifiedignition interlock device.

(l)  Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to thissection.

(m)  The requirements of this section are in addition to any otherrequirements of law.

(n)  This section shall become operative January 1, 2026.SEC. 32. Section 23575 of the Vehicle Code is amended to read:23575. (a)  (1)  In addition to any other law, the court may require that

a person convicted of a first offense violation of Section 23152 or 23153install a functioning, certified ignition interlock device on any vehicle thatthe person operates and prohibit that person from operating a motor vehicleunless that vehicle is equipped with a functioning, certified ignition interlockdevice. The court shall give heightened consideration to applying thissanction to a first offense violator with 0.15 percent or more, by weight, ofalcohol in his or her blood at arrest, or with two or more prior moving trafficviolations, or to persons who refused the chemical tests at arrest. If the courtorders the ignition interlock device restriction, the term shall be determinedby the court for a period not to exceed three years from the date ofconviction. The court shall notify the Department of Motor Vehicles, asspecified in subdivision (a) of Section 1803, of the terms of the restrictionsin accordance with subdivision (a) of Section 1804. The Department ofMotor Vehicles shall place the restriction in the person’s records in theDepartment of Motor Vehicles.

(2)  The court shall require a person convicted of a violation of Section14601.2 to install a functioning, certified ignition interlock device on anyvehicle that the person operates and prohibit the person from operating amotor vehicle unless the vehicle is equipped with a functioning, certifiedignition interlock device. The term of the restriction shall be determined by

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the court for a period not to exceed three years from the date of conviction.The court shall notify the Department of Motor Vehicles, as specified insubdivision (a) of Section 1803, of the terms of the restrictions in accordancewith subdivision (a) of Section 1804. The Department of Motor Vehiclesshall place the restriction in the person’s records in the Department of MotorVehicles.

(b)  The court shall include on the abstract of conviction or violationsubmitted to the Department of Motor Vehicles under Section 1803 or 1816the requirement and term for the use of a functioning, certified ignitioninterlock device. The records of the department shall reflect mandatory useof the device for the term ordered by the court.

(c)  The court shall advise the person that installation of a functioning,certified ignition interlock device on a vehicle does not allow the person todrive without a valid driver’s license.

(d)  A person whose driving privilege is restricted by the court pursuantto this section shall arrange for each vehicle with a functioning, certifiedignition interlock device to be serviced by the installer at least once every60 days in order for the installer to recalibrate and monitor the operation ofthe device. The installer shall notify the court if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with a requirement for themaintenance or calibration of the ignition interlock device. There is noobligation for the installer to notify the court if the person has compliedwith all of the requirements of this article.

(e)  The court shall monitor the installation and maintenance of afunctioning, certified ignition interlock device restriction ordered pursuantto subdivision (a) or (l). If a person fails to comply with the court order, thecourt shall give notice of the fact to the department pursuant to Section40509.1.

(f)  (1)  If a person is convicted of a violation of Section 23152 or 23153and the offense occurred within 10 years of one or more separate violationsof Section 23152 or 23153 that resulted in a conviction, or if a person isconvicted of a violation of Section 23103, as specified in Section 23103.5,and is suspended for one year under Section 13353.3, the person may applyto the Department of Motor Vehicles for a restricted driver’s license pursuantto Section 13352 or 13353.3 that prohibits the person from operating a motorvehicle unless that vehicle is equipped with a functioning, certified ignitioninterlock device, certified pursuant to Section 13386. The restriction shallremain in effect for at least the remaining period of the original suspensionor revocation and until all reinstatement requirements in Section 13352 or13353.4 are met.

(2)  Pursuant to subdivision (g), the Department of Motor Vehicles shallimmediately terminate the restriction issued pursuant to Section 13352 or13353.3 and shall immediately suspend or revoke the privilege to operatea motor vehicle of a person who attempts to remove, bypass, or tamper withthe device, who has the device removed prior to the termination date of therestriction, or who has failed to comply with any requirement for the

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maintenance or calibration of the ignition interlock device ordered pursuantto Section 13352 or 13353.3. The privilege shall remain suspended orrevoked for the remaining period of the originating suspension or revocationand until all reinstatement requirements in Section 13352 or 13353.4 aremet, except that if the person provides proof to the satisfaction of thedepartment that he or she is in compliance with the restriction issued pursuantto this section, the department may, in its discretion, restore the privilegeto operate a motor vehicle and reimpose the remaining term of the restriction.

(g)  A person whose driving privilege is restricted by the Department ofMotor Vehicles pursuant to Section 13352 or 13353.3 shall arrange for eachvehicle with a functioning, certified ignition interlock device to be servicedby the installer at least once every 60 days in order for the installer torecalibrate the device and monitor the operation of the device. The installershall notify the Department of Motor Vehicles if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with any requirement forthe maintenance or calibration of the ignition interlock device. There is noobligation on the part of the installer to notify the department or the courtif the person has complied with all of the requirements of this section.

(h)  Nothing in this section permits a person to drive without a validdriver’s license.

(i)  The Department of Motor Vehicles shall include information alongwith the order of suspension or revocation for repeat offenders informingthem that after a specified period of suspension or revocation has beencompleted, the person may either install a functioning, certified ignitioninterlock device on any vehicle that the person operates or remain with asuspended or revoked driver’s license.

(j)  Pursuant to this section, an out-of-state resident who otherwise wouldqualify for a functioning, certified ignition interlock device restricted licensein California shall be prohibited from operating a motor vehicle in Californiaunless that vehicle is equipped with a functioning, certified ignition interlockdevice. An ignition interlock device is not required to be installed on anyvehicle owned by the defendant that is not driven in California.

(k)  If a medical problem does not permit a person to breathe withsufficient strength to activate the device, that person shall only have thesuspension option.

(l)  This section does not restrict a court from requiring installation of afunctioning, certified ignition interlock device and prohibiting operation ofa motor vehicle unless that vehicle is equipped with a functioning, certifiedignition interlock device for a person to whom subdivision (a) or (b) doesnot apply. The term of the restriction shall be determined by the court fora period not to exceed three years from the date of conviction. The courtshall notify the Department of Motor Vehicles, as specified in subdivision(a) of Section 1803, of the terms of the restrictions in accordance withsubdivision (a) of Section 1804. The Department of Motor Vehicles shallplace the restriction in the person’s records in the Department of MotorVehicles.

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(m)  For the purposes of this section, “vehicle” does not include amotorcycle until the state certifies an ignition interlock device that can beinstalled on a motorcycle. Any person subject to an ignition interlock devicerestriction shall not operate a motorcycle for the duration of the ignitioninterlock device restriction period.

(n)  (1)  For the purposes of this section, “owned” means solely ownedor owned in conjunction with another person or legal entity.

(2)  For purposes of this section, “operates” includes operating a vehiclethat is not owned by the person subject to this section.

(o)  For the purposes of this section, “bypass” means either of thefollowing:

(1)  Failure to take any random retest.(2)  Failure to pass a random retest with a blood alcohol concentration

not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.(p)  The department shall adopt regulations specifying the intervals

between random retests.(q)  For purposes of this section, “random retest” means a breath test

performed by the driver upon a certified ignition interlock device at randomintervals after the initial engine startup breath test and while the vehicle’smotor is running.

(r)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 33. Section 23575 is added to the Vehicle Code, to read:23575. (a)  The court shall require a person convicted of a violation of

Section 14601.2 to install a functioning, certified ignition interlock deviceon any vehicle that the person operates and prohibit the person fromoperating a motor vehicle unless the vehicle is equipped with a functioning,certified ignition interlock device. The term of the restriction shall bedetermined by the court for a period not to exceed three years from the dateof conviction. The court shall notify the Department of Motor Vehicles, asspecified in subdivision (a) of Section 1803, of the terms of the restrictionsin accordance with subdivision (a) of Section 1804. The Department ofMotor Vehicles shall place the restriction in the person’s records in theDepartment of Motor Vehicles.

(b)  The court shall include on the abstract of conviction or violationsubmitted to the Department of Motor Vehicles under Section 1803 or 1816the requirement and term for the use of a functioning, certified ignitioninterlock device. The records of the department shall reflect mandatory useof the device for the term ordered by the court.

(c)  The court shall advise the person that installation of an ignitioninterlock device on a vehicle does not allow the person to drive without avalid driver’s license.

(d)  A person whose driving privilege is restricted by the court pursuantto this section shall arrange for each vehicle with a functioning, certifiedignition interlock device to be serviced by the installer at least once every60 days in order for the installer to recalibrate and monitor the operation of

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the device. The installer shall notify the court if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with a requirement for themaintenance or calibration of the ignition interlock device. There is noobligation for the installer to notify the court if the person has compliedwith all of the requirements of this article.

(e)  The court shall monitor the installation and maintenance of afunctioning, certified ignition interlock device restriction ordered pursuantto subdivision (a) or (i). If a person fails to comply with the court order, thecourt shall give notice of the fact to the department pursuant to Section40509.1.

(f)  Nothing in this section permits a person to drive without a validdriver’s license.

(g)  Pursuant to this section, an out-of-state resident who otherwise wouldqualify for an ignition interlock device restricted license in California shallbe prohibited from operating a motor vehicle in California unless that vehicleis equipped with a functioning, certified ignition interlock device. An ignitioninterlock device is not required to be installed on any vehicle owned by thedefendant that is not driven in California.

(h)  If a medical problem does not permit a person to breathe withsufficient strength to activate the device, that person shall only have thesuspension option.

(i)  This section does not restrict a court from requiring installation of afunctioning, certified ignition interlock device and prohibiting operation ofa motor vehicle unless that vehicle is equipped with a functioning, certifiedignition interlock device for a person to whom subdivision (a) does notapply. The term of the restriction shall be determined by the court for aperiod not to exceed three years from the date of conviction. The court shallnotify the Department of Motor Vehicles, as specified in subdivision (a) ofSection 1803, of the terms of the restrictions in accordance with subdivision(a) of Section 1804. The Department of Motor Vehicles shall place therestriction in the person’s records in the Department of Motor Vehicles.

(j)  For the purposes of this section, “vehicle” does not include amotorcycle until the state certifies an ignition interlock device that can beinstalled on a motorcycle. Any person subject to an ignition interlock devicerestriction shall not operate a motorcycle for the duration of the ignitioninterlock device restriction period.

(k)  (1)  For the purposes of this section, “owned” means solely ownedor owned in conjunction with another person or legal entity.

(2)  For purposes of this section, “operates” includes operating a vehiclethat is not owned by the person subject to this section.

(l)  For the purposes of this section, “bypass” means either of thefollowing:

(1)  Failure to take any random retest.(2)  Failure to pass any random retest with a blood alcohol concentration

not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.

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(m)  The department shall adopt regulations specifying the intervalsbetween random retests.

(n)  For purposes of this section, “random retest” means a breath testperformed by the driver upon a certified ignition interlock device at randomintervals after the initial engine startup breath test and while the vehicle’smotor is running.

(o)  This section shall become operative on January 1, 2019.(p)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 34. Section 23575 is added to the Vehicle Code, to read:23575. (a)  (1)  In addition to any other law, the court may require that

a person convicted of a first offense violation of Section 23152 or 23153install a functioning, certified ignition interlock device on any vehicle thatthe person operates and prohibit that person from operating a motor vehicleunless that vehicle is equipped with a functioning, certified ignition interlockdevice. The court shall give heightened consideration to applying thissanction to a first offense violator with 0.15 percent or more, by weight, ofalcohol in his or her blood at arrest, or with two or more prior moving trafficviolations, or to persons who refused the chemical tests at arrest. If the courtorders the ignition interlock device restriction, the term shall be determinedby the court for a period not to exceed three years from the date ofconviction. The court shall notify the Department of Motor Vehicles, asspecified in subdivision (a) of Section 1803, of the terms of the restrictionsin accordance with subdivision (a) of Section 1804. The Department ofMotor Vehicles shall place the restriction in the person’s records in theDepartment of Motor Vehicles.

(2)  The court shall require a person convicted of a violation of Section14601.2 to install a functioning, certified ignition interlock device on anyvehicle that the person operates and prohibit the person from operating amotor vehicle unless the vehicle is equipped with a functioning, certifiedignition interlock device. The term of the restriction shall be determined bythe court for a period not to exceed three years from the date of conviction.The court shall notify the Department of Motor Vehicles, as specified insubdivision (a) of Section 1803, of the terms of the restrictions in accordancewith subdivision (a) of Section 1804. The Department of Motor Vehiclesshall place the restriction in the person’s records in the Department of MotorVehicles.

(b)  The court shall include on the abstract of conviction or violationsubmitted to the Department of Motor Vehicles under Section 1803 or 1816the requirement and term for the use of a functioning, certified ignitioninterlock device. The records of the department shall reflect mandatory useof the device for the term ordered by the court.

(c)  The court shall advise the person that installation of a functioning,certified ignition interlock device on a vehicle does not allow the person todrive without a valid driver’s license.

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(d)  A person whose driving privilege is restricted by the court pursuantto this section shall arrange for each vehicle with a functioning, certifiedignition interlock device to be serviced by the installer at least once every60 days in order for the installer to recalibrate and monitor the operation ofthe device. The installer shall notify the court if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with a requirement for themaintenance or calibration of the ignition interlock device. There is noobligation for the installer to notify the court if the person has compliedwith all of the requirements of this article.

(e)  The court shall monitor the installation and maintenance of afunctioning, certified ignition interlock device restriction ordered pursuantto subdivision (a) or (l). If a person fails to comply with the court order, thecourt shall give notice of the fact to the department pursuant to Section40509.1.

(f)  (1)  If a person is convicted of a violation of Section 23152 or 23153and the offense occurred within 10 years of one or more separate violationsof Section 23152 or 23153 that resulted in a conviction, or if a person isconvicted of a violation of Section 23103, as specified in Section 23103.5,and is suspended for one year under Section 13353.3, the person may applyto the Department of Motor Vehicles for a restricted driver’s license pursuantto Section 13352 or 13353.3 that prohibits the person from operating a motorvehicle unless that vehicle is equipped with a functioning, certified ignitioninterlock device, certified pursuant to Section 13386. The restriction shallremain in effect for at least the remaining period of the original suspensionor revocation and until all reinstatement requirements in Section 13352 or13353.4 are met.

(2)  Pursuant to subdivision (g), the Department of Motor Vehicles shallimmediately terminate the restriction issued pursuant to Section 13352 or13353.3 and shall immediately suspend or revoke the privilege to operatea motor vehicle of a person who attempts to remove, bypass, or tamper withthe device, who has the device removed prior to the termination date of therestriction, or who has failed to comply with any requirement for themaintenance or calibration of the ignition interlock device ordered pursuantto Section 13352 or 13353.3. The privilege shall remain suspended orrevoked for the remaining period of the originating suspension or revocationand until all reinstatement requirements in Section 13352 or 13353.4 aremet, except that if the person provides proof to the satisfaction of thedepartment that he or she is in compliance with the restriction issued pursuantto this section, the department may, in its discretion, restore the privilegeto operate a motor vehicle and reimpose the remaining term of the restriction.

(g)  A person whose driving privilege is restricted by the Department ofMotor Vehicles pursuant to Section 13352 or 13353.3 shall arrange for eachvehicle with a functioning, certified ignition interlock device to be servicedby the installer at least once every 60 days in order for the installer torecalibrate the device and monitor the operation of the device. The installershall notify the Department of Motor Vehicles if the device is removed or

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indicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person has failed to comply with any requirement forthe maintenance or calibration of the ignition interlock device. There is noobligation on the part of the installer to notify the department or the courtif the person has complied with all of the requirements of this section.

(h)  Nothing in this section permits a person to drive without a validdriver’s license.

(i)  The Department of Motor Vehicles shall include information alongwith the order of suspension or revocation for repeat offenders informingthem that after a specified period of suspension or revocation has beencompleted, the person may either install a functioning, certified ignitioninterlock device on any vehicle that the person owns or operates or remainwith a suspended or revoked driver’s license.

(j)  Pursuant to this section, an out-of-state resident who otherwise wouldqualify for a functioning, certified ignition interlock device restricted licensein California shall be prohibited from operating a motor vehicle in Californiaunless that vehicle is equipped with a functioning, certified ignition interlockdevice. An ignition interlock device is not required to be installed on anyvehicle owned by the defendant that is not driven in California.

(k)  If a medical problem does not permit a person to breathe withsufficient strength to activate the device, that person shall only have thesuspension option.

(l)  This section does not restrict a court from requiring installation of afunctioning, certified ignition interlock device and prohibiting operation ofa motor vehicle unless that vehicle is equipped with a functioning, certifiedignition interlock device for a person to whom subdivision (a) or (b) doesnot apply. The term of the restriction shall be determined by the court fora period not to exceed three years from the date of conviction. The courtshall notify the Department of Motor Vehicles, as specified in subdivision(a) of Section 1803, of the terms of the restrictions in accordance withsubdivision (a) of Section 1804. The Department of Motor Vehicles shallplace the restriction in the person’s records in the Department of MotorVehicles.

(m)  For the purposes of this section, “vehicle” does not include amotorcycle until the state certifies an ignition interlock device that can beinstalled on a motorcycle. Any person subject to an ignition interlock devicerestriction shall not operate a motorcycle for the duration of the ignitioninterlock device restriction period.

(n)  (1)  For the purposes of this section, “owned” means solely ownedor owned in conjunction with another person or legal entity.

(2)  For purposes of this section, “operates” includes operating a vehiclethat is not owned by the person subject to this section.

(o)  For the purposes of this section, “bypass” means either of thefollowing:

(1)  Failure to take any random retest.(2)  Failure to pass a random retest with a blood alcohol concentration

not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.

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(p)  For purposes of this section, “random retest” means a breath testperformed by the driver upon a certified ignition interlock device at randomintervals after the initial engine startup breath test and while the vehicle’smotor is running.

(q)  This section shall become operative January 1, 2026.SEC. 35. Section 23575.3 is added to the Vehicle Code, 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 required to install a functioning, certified ignition interlockdevice on any vehicle that the person operates and that he or she is prohibitedfrom operating a motor vehicle unless that vehicle is equipped with afunctioning, certified ignition interlock device in accordance with thissection.

(b)  The Department of Motor Vehicles, upon receipt of the court’s abstractof conviction for a violation listed in subdivision (h), shall inform theconvicted person of the requirements of this section, including the term forwhich the person is required to have a certified ignition interlock deviceinstalled. The records of the department shall reflect the mandatory use ofthe device for the term required and the time when the device is requiredto be installed by this code.

(c)  The department shall advise the person that installation of afunctioning, certified ignition interlock device on a vehicle does not allowthe person to drive without a valid driver’s license.

(d)  (1)  A person who is notified by the department pursuant tosubdivision (b) shall do all of the following:

(A)  Arrange for each vehicle operated by the person to be equipped witha functioning, certified ignition interlock device by a certified ignitioninterlock 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 coverthe 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 heor she purchases or has access to a vehicle if, within 30 days of thenotification, the person certifies to the department all of the following:

(A)  The person does not own a vehicle.(B)  The person does not have access to a vehicle at his or her residence.(C)  The person no longer has access to the vehicle he or she was driving

at the time he or she was arrested for a violation that subsequently resultedin a conviction for a violation listed in subdivision (h).

(D)  The person acknowledges that he or she is only allowed to drive avehicle that is equipped with a functioning, certified ignition interlockdevice.

(E)  The person acknowledges that he or she is required to have a validdriver’s license before he or she can drive.

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(F)  The person acknowledges that he or she is subject to the requirementsof this section when he or she purchases or has access to a vehicle.

(e)  In addition to any other restrictions the department places on thedriver’s license record of the convicted person when the person is issued arestricted driver’s license pursuant to Section 13352 or 13352.4, thedepartment shall place a restriction on the driver’s license record of theperson that states the driver is restricted to driving only vehicles equippedwith a functioning, certified ignition interlock device for the applicableterm.

(f)  (1)  A person who is notified by the department pursuant to subdivision(b) shall arrange for each vehicle with a functioning, certified ignitioninterlock device to be serviced by the installer at least once every 60 daysin order for the installer to recalibrate and monitor the operation of thedevice.

(2)  The installer shall notify the department if the device is removed orindicates that the person has attempted to remove, bypass, or tamper withthe device, or if the person fails three or more times to comply with anyrequirement for the maintenance or calibration of the ignition interlockdevice.

(g)  The department shall monitor the installation and maintenance of theignition interlock device installed pursuant to subdivision (d).

(h)  A person is required to install a functioning, certified ignition interlockdevice pursuant to this section for the applicable term, as follows:

(1)  A person convicted of a violation of subdivision (a), (b), (d), or (f)of Section 23152 shall be required to do the following, as applicable:

(A)  Upon a conviction with no priors, the court may order the installationof a functioning, certified ignition interlock device for a term of six monthsor the person may do either of the following:

(i)  Install a functioning, certified ignition interlock device in any vehicleoperated by that person for a mandatory term of six months. The personshall not operate a vehicle that does not have a functioning, certified ignitioninterlock device installed during that six-month term.

(ii)  Drive with a restricted license for a minimum of one year, with aminimum of eight months postconviction. The person may install afunctioning, certified ignition interlock device at any time during therestricted license period and, upon notification of the Department of MotorVehicles, drive with an unrestricted license for a mandatory term of sixmonths pursuant to clause (i).

(B)  Upon a conviction with one prior, the person shall install afunctioning, certified ignition interlock device in the vehicle, as ordered bythe court, that is operated by that person for a mandatory term of 12 months.

(C)  Upon a conviction with two priors, the person shall install afunctioning, certified ignition interlock device in the vehicle, as ordered bythe court, that is operated by that person for a mandatory term of 24 months.

(D)  Upon a conviction with three or more priors, the person shall installa functioning, certified ignition interlock device in the vehicle, as ordered

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by the court, that is operated by that person for a mandatory term of 36months.

(2)  A person convicted of a violation of subdivision (a), (b), (d), or (f)of Section 23153 shall install a functioning, certified ignition interlockdevice, as follows:

(A)  Upon a conviction with no priors, the person shall install afunctioning, certified ignition interlock device in the vehicle, as ordered bythe court, that is operated by that person for a mandatory term of 12 months.

(B)  Upon a conviction with one prior, the person shall install afunctioning, certified ignition interlock device in the vehicle, as ordered bythe court, that is operated by that person for a mandatory term of 24 months.

(C)  Upon a conviction with two priors, the person shall install afunctioning, certified ignition interlock device in the vehicle, as ordered bythe court, that is operated by that person for a mandatory term of 36 months.

(D)  Upon a conviction with three or more priors, the person shall installa functioning, certified ignition interlock device in the vehicle, as orderedby the court, that is operated by that person for a mandatory term of 48months.

(3)  For the purposes of paragraphs (1) and (2), “prior” means a convictionfor a violation of Section 23103, as specified in Section 23103.5, or Section23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5of the Penal Code.

(4)  The terms prescribed in this subdivision shall begin once a personhas complied with subparagraph (B) of paragraph (1) of subdivision (d) andeither upon the reinstatement of the privilege to drive pursuant to Section13352 or the issuance of a restricted driver’s license pursuant to Section13352 or 13352.4. A person shall receive credit for any period in which heor she had a restricted driver’s license issued pursuant to Section 13353.3or 13353.7 and he or she was in compliance with Section 13353.6.

(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 incompliance shall not be credited towards the mandatory term for which theignition interlock device is required to be installed.

(k)  (1)  Every manufacturer and manufacturer’s agent certified by thedepartment to provide ignition interlock devices, under Section 13386, shalladopt the following fee schedule that provides for the payment of the costsof the certified ignition interlock device by offenders subject to this chapterin amounts commensurate with that person’s income relative to the federalpoverty 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 levelor below and who provides income verification pursuant to paragraph (2)is responsible for 10 percent of the cost of the manufacturer’s standardignition interlock device program costs, and any additional costs accruedby the person for noncompliance with program requirements.

(B)  A person with an income at 101 to 200 percent of the federal povertylevel and who provides income verification pursuant to paragraph (2) is

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responsible for 25 percent of the cost of the manufacturer’s standard ignitioninterlock device program costs, and any additional costs accrued by theperson for noncompliance with program requirements.

(C)  A person with an income at 201 to 300 percent of the federal povertylevel and who provides income verification pursuant to paragraph (2) isresponsible for 50 percent of the cost of the manufacturer’s standard ignitioninterlock device program costs, and any additional costs accrued by theperson for noncompliance with program requirements.

(D)  A person who is receiving CalFresh benefits and who provides proofof those benefits to the manufacturer or manufacturer’s agent or authorizedinstaller is responsible for 50 percent of the cost of the manufacturer’sstandard ignition interlock device program costs, and any additional costsaccrued by the person for noncompliance with program requirements.

(E)  A person with an income at 301 to 400 percent of the federal povertylevel and who provides income verification pursuant to paragraph (2) isresponsible for 90 percent of the cost of the manufacturer’s standard ignitioninterlock device program costs, and any additional costs accrued by theperson for noncompliance with program requirements.

(F)  All other offenders are responsible for 100 percent of the cost of theignition interlock device.

(G)  The manufacturer is responsible for the percentage of costs that theoffender is not responsible for pursuant to subparagraphs (A) through (E),inclusive.

(2)  The ignition interlock device provider shall verify the offender’sincome to determine the cost of the ignition interlock device pursuant tothis subdivision by verifying one of the following documents from theoffender:

(A)  The previous year’s federal income tax return.(B)  The previous three months of weekly or monthly income statements.(C)  Employment Development Department verification of unemployment

benefits.(l)  The Department of Consumer Affairs may impose a civil assessment

not to exceed one thousand dollars ($1,000) upon a manufacturer ormanufacturer’s agent certified to provide ignition interlock devices whofails to inform an offender subject to this chapter of the provisions ofsubdivision (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 driver’slicense.

(n)  The requirements of this section are in addition to any otherrequirements of law.

(o)  For the purposes of this section, “vehicle” does not include amotorcycle until the state certifies an ignition interlock device that can beinstalled on a motorcycle. A person subject to an ignition interlock devicerestriction shall not operate a motorcycle for the duration of the ignitioninterlock device restriction period.

(p)  This section shall become operative on January 1, 2019.

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(q)  This section shall remain in effect only until January 1, 2026, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2026, deletes or extends that date.

SEC. 36. Section 23575.5 is added to the Vehicle Code, to read:23575.5. (a)  On or before March 1, 2024, the Department of Motor

Vehicles shall report data to the Transportation Agency regarding theimplementation and efficacy of the program enacted by the act that addedthis section.

(b)  The data described in subdivision (a) shall, at a minimum, includeall of the following:

(1)  The number of individuals who were required to have a functioning,certified ignition interlock device installed as a result of the program whokilled or injured anyone in an accident while he or she was operating avehicle under the influence of alcohol.

(2)  The number of individuals who were required to have a functioning,certified ignition interlock device installed as a result of the program whowere convicted of an alcohol-related violation of Section 23103, as specifiedin Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 orsubdivision (a) of Section 192.5 of the Penal Code during the term in whichthe person was required to have the ignition interlock device installed.

(3)  The number of injuries and deaths resulting from alcohol-relatedmotor vehicle accidents between January 1, 2019, and January 1, 2024,inclusive, and during periods of similar duration prior to the implementationof the program.

(4)  The number of individuals who have been convicted more than onetime for driving under the influence of alcohol between January 1, 2019,and January 1, 2024, inclusive, and periods of similar duration prior to theimplementation of the program.

(5)  Any other information requested by the Transportation Agency toassess the effectiveness of the statewide ignition interlock device requirementin reducing recidivism for driving-under-the-influence violations.

(c)  The Transportation Agency may contract with educational institutionsto obtain and analyze the data required by this section.

(d)  The Transportation Agency shall assess the program based on thedata provided pursuant to subdivision (b) and shall report to the Legislatureon the outcomes of the program no later than January 1, 2025.

(e)  The report described in subdivision (a) shall be submitted incompliance with Section 9795 of the Government Code.

(f)  (1)  This section shall become operative on January 1, 2019.(2)  This section is repealed as of January 1, 2029, unless a later enacted

statute, that becomes operative on or before January 1, 2029, deletes orextends the dates on which it becomes inoperative and is repealed.

SEC. 37. Section 23576 of the Vehicle Code is amended to read:23576. (a)  Notwithstanding Sections 23575 and 23700, if a person is

required to operate a motor vehicle in the course and scope of his or heremployment and if the vehicle is owned by the employer, the person mayoperate that vehicle without installation of a functioning, certified ignition

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interlock device if the employer has been notified by the person that theperson’s driving privilege has been restricted pursuant to Section 23575 or23700 and if the person has proof of that notification in his or her possession,or if the notice, or a facsimile copy thereof, is with the vehicle.

(b)  A motor vehicle owned by a business entity that is all or partly ownedor controlled by a person otherwise subject to Section 23575 or 23700, isnot a motor vehicle owned by the employer subject to the exemption insubdivision (a).

(c)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

SEC. 38. Section 23576 is added to the Vehicle Code, to read:23576. (a)  Notwithstanding Sections 23575, 23575.3, and 23700, if a

person is required to operate a motor vehicle in the course and scope of hisor her employment and if the vehicle is owned by the employer, the personmay operate that vehicle without installation of a functioning, certifiedapproved ignition interlock device if the employer has been notified by theperson that the person’s driving privilege has been restricted pursuant toSection 23575, 23575.3, or 23700 and if the person has proof of thatnotification in his or her possession, or if the notice, or a facsimile copythereof, is with the vehicle.

(b)  A motor vehicle owned by a business entity that is all or partly ownedor controlled by a person otherwise subject to Section 23575, 23575.3, or23700, is not a motor vehicle owned by the employer subject to theexemption in subdivision (a).

(c)  This section shall become operative on January 1, 2019.(d)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 39. Section 23576 is added to the Vehicle Code, to read:23576. (a)  Notwithstanding Sections 23575 and 23700, if a person is

required to operate a motor vehicle in the course and scope of his or heremployment and if the vehicle is owned by the employer, the person mayoperate that vehicle without installation of a functioning, certified ignitioninterlock device if the employer has been notified by the person that theperson’s driving privilege has been restricted pursuant to Section 23575 or23700 and if the person has proof of that notification in his or her possession,or if the notice, or a facsimile copy thereof, is with the vehicle.

(b)  A motor vehicle owned by a business entity that is all or partly ownedor controlled by a person otherwise subject to Section 23575 or 23700 isnot a motor vehicle owned by the employer subject to the exemption insubdivision (a).

(c)  This section shall become operative January 1, 2026.SEC. 40. Section 23597 of the Vehicle Code is amended to read:23597. (a)  Notwithstanding Sections 13202.5, 13203, and 13352, a

court may order a 10-year revocation of the driver’s license of a person whohas been convicted of three or more separate violations of Section 23152

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or 23153, the last of which is punishable under Section 23546, 23550,23550.5, or 23566. When making this order, the court shall consider all ofthe following:

(1)  The person’s level of remorse for the acts.(2)  The period of time that has elapsed since the person’s previous

convictions.(3)  The person’s blood-alcohol level at the time of the violation.(4)  The person’s participation in an alcohol treatment program.(5)  The person’s risk to traffic or public safety.(6)  The person’s ability to install a functioning, certified ignition interlock

device in each motor vehicle that he or she owns or operates.(b)  Upon receipt of a duly certified abstract of the record of the court

showing the court has ordered a 10-year revocation of a driver’s licensepursuant to this section, the department shall revoke the person’s driver’slicense for 10 years, except as provided in subdivision (c).

(c)  (1)  Five years from the date of the last conviction of a violation ofSection 23152 or 23153, a person whose license was revoked pursuant tosubdivision (a) may apply to the department to have his or her privilege tooperate a motor vehicle reinstated, subject to the condition that the personsubmits the “Verification of Installation” form described in paragraph (2)of subdivision (g) of Section 13386 and agrees to maintain a functioning,certified ignition interlock device as required under subdivision (g) of Section23575. Notwithstanding Chapter 5 (commencing with Section 23700) orsubdivision (f) of Section 23575, the ignition interlock device shall remainon the person’s motor vehicle for two years following the reinstatement ofthe person’s driving privilege pursuant to this section.

(2)  The department shall reinstate the person’s license pursuant toparagraph (1), if the person satisfies all of the following conditions:

(A)  The person was not convicted of any drug- or alcohol-related offenses,under state law, during the driver’s license revocation period.

(B)  The person successfully completed a driving-under-the-influenceprogram, licensed pursuant to Section 11836 of the Health and Safety Code,following the date of the last conviction of a violation of Section 23152 or23153.

(C)  The person was not convicted of violating Section 14601, 14601.1,14601.2, 14601.4, or 14601.5 during the driver’s license revocation period.

(3)  The department shall immediately terminate the restriction issuedpursuant to this section and shall immediately revoke the privilege to operatea motor vehicle of a person who attempts to remove, bypass, or tamper withthe device, who has the device removed prior to the termination date of therestriction, or who fails three or more times to comply with any requirementfor the maintenance or calibration of the ignition interlock device. Theprivilege shall remain revoked for the remaining period of the originalrevocation and until all reinstatement requirements are met.

(d)  This section shall remain in effect only until January 1, 2019, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2019, deletes or extends that date.

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SEC. 41. Section 23597 is added to the Vehicle Code, to read:23597. (a)  Notwithstanding Sections 13202.5, 13203, and 13352, a

court may order a 10-year revocation of the driver’s license of a person whohas been convicted of three or more separate violations of Section 23152or 23153, the last of which is punishable under Section 23546, 23550,23550.5, or 23566. When making this order, the court shall consider all ofthe following:

(1)  The person’s level of remorse for the acts.(2)  The period of time that has elapsed since the person’s previous

convictions.(3)  The person’s blood-alcohol level at the time of the violation.(4)  The person’s participation in an alcohol treatment program.(5)  The person’s risk to traffic or public safety.(6)  The person’s ability to install a functioning, certified ignition interlock

device in each motor vehicle that he or she owns or operates.(b)  Upon receipt of a duly certified abstract of the record of the court

showing the court has ordered a 10-year revocation of a driver’s licensepursuant to this section, the department shall revoke the person’s driver’slicense for 10 years, except as provided in subdivision (c).

(c)  (1)  Five years from the date of the last conviction of a violation ofSection 23152 or 23153, a person whose license was revoked pursuant tosubdivision (a) may apply to the department to have his or her privilege tooperate a motor vehicle reinstated, subject to the condition that the personsubmits the “Verification of Installation” form described in paragraph (2)of subdivision (g) of Section 13386 and agrees to maintain a functioning,certified ignition interlock device as required under subdivision (f) of Section23575.3. Notwithstanding Chapter 5 (commencing with Section 23700) orSection 23575.3, the ignition interlock device shall remain on the person’smotor vehicle for two years following the reinstatement of the person’sdriving privilege pursuant to this section.

(2)  The department shall reinstate the person’s license pursuant toparagraph (1), if the person satisfies all of the following conditions:

(A)  The person was not convicted of any drug- or alcohol-related offenses,under state law, during the driver’s license revocation period.

(B)  The person successfully completed a driving-under-the-influenceprogram, licensed pursuant to Section 11836 of the Health and Safety Code,following the date of the last conviction of a violation of Section 23152 or23153 of this code.

(C)  The person was not convicted of violating Section 14601, 14601.1,14601.2, 14601.4, or 14601.5 during the driver’s license revocation period.

(3)  The department shall immediately revoke the privilege to operate amotor vehicle of a person who attempts to remove, bypass, or tamper withthe device, who has the device removed prior to the termination date of therestriction, or who fails to comply with any requirement for the maintenanceor calibration of the ignition interlock device. The privilege shall remainrevoked for the remaining period of the original revocation and until allreinstatement requirements are met, provided, however, that if the person

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provides proof to the satisfaction of the department that the person is incompliance with the restriction issued pursuant to this section, the departmentmay, in its discretion, restore the privilege to operate a motor vehicle andreimpose the remaining term of the restriction.

(d)  This section shall become operative on January 1, 2019.(e)  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 beforeJanuary 1, 2026, deletes or extends that date.

SEC. 42. Section 23597 is added to the Vehicle Code, to read:23597. (a)  Notwithstanding Sections 13202.5, 13203, and 13352, a

court may order a 10-year revocation of the driver’s license of a person whohas been convicted of three or more separate violations of Section 23152or 23153, the last of which is punishable under Section 23546, 23550,23550.5, or 23566. When making this order, the court shall consider all ofthe following:

(1)  The person’s level of remorse for the acts.(2)  The period of time that has elapsed since the person’s previous

convictions.(3)  The person’s blood-alcohol level at the time of the violation.(4)  The person’s participation in an alcohol treatment program.(5)  The person’s risk to traffic or public safety.(6)  The person’s ability to install a certified ignition interlock device in

each motor vehicle that he or she owns or operates.(b)  Upon receipt of a duly certified abstract of the record of the court

showing the court has ordered a 10-year revocation of a driver’s licensepursuant to this section, the department shall revoke the person’s driver’slicense for 10 years, except as provided in subdivision (c).

(c)  (1)  Five years from the date of the last conviction of a violation ofSection 23152 or 23153, a person whose license was revoked pursuant tosubdivision (a) may apply to the department to have his or her privilege tooperate a motor vehicle reinstated, subject to the condition that the personsubmits the “Verification of Installation” form described in paragraph (2)of subdivision (g) of Section 13386 and agrees to maintain the ignitioninterlock device as required under subdivision (g) of Section 23575.Notwithstanding Chapter 5 (commencing with Section 23700) or subdivision(f) of Section 23575, the ignition interlock device shall remain on theperson’s motor vehicle for two years following the reinstatement of theperson’s driving privilege pursuant to this section.

(2)  The department shall reinstate the person’s license pursuant toparagraph (1), if the person satisfies all of the following conditions:

(A)  The person was not convicted of any drug- or alcohol-related offenses,under state law, during the driver’s license revocation period.

(B)  The person successfully completed a driving-under-the-influenceprogram, licensed pursuant to Section 11836 of the Health and Safety Code,following the date of the last conviction of a violation of Section 23152 or23153.

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(C)  The person was not convicted of violating Section 14601, 14601.1,14601.2, 14601.4, or 14601.5 during the driver’s license revocation period.

(3)  The department shall immediately terminate the restriction issuedpursuant to this section and shall immediately revoke the privilege to operatea motor vehicle of a person who attempts to remove, bypass, or tamper withthe device, who has the device removed prior to the termination date of therestriction, or who fails three or more times to comply with any requirementfor the maintenance or calibration of the ignition interlock device. Theprivilege shall remain revoked for the remaining period of the originalrevocation and until all reinstatement requirements are met.

(d)  This section shall become operative January 1, 2026.SEC. 43. Section 23702 of the Vehicle Code is amended to read:23702. This chapter shall remain in effect only until January 1, 2019,

and as of that date is repealed, unless a later enacted statute, that is enactedbefore January 1, 2019, deletes or extends that date.

SEC. 44. No reimbursement is required by this act pursuant to Section6 of Article XIIIB of the California Constitution because the only costs thatmay be incurred by a local agency or school district will be incurred becausethis act creates a new crime or infraction, eliminates a crime or infraction,or changes the penalty for a crime or infraction, within the meaning ofSection 17556 of the Government Code, or changes the definition of a crimewithin the meaning of Section 6 of Article XIII B of the CaliforniaConstitution.

O

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