AB71 - Ignition interlock devices.

Amended IN Assembly March 05, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 71 Introduced by Assembly Member Lackey December 11, 2024 An act to amend Sections 13352, 13352.1, 13352.4, 13353.3, 13353.4, 13353.5, 13353.6, 13353.75, 13386, 13390, 23103.5, 23247, 23573, 23575, 23575.3, 23576, and 23597 of of, and to add and repeal Section 23575.6 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 71, as amended, Lackey. Ignition interlock devices. Existing law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID), including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver’s license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device. Existing law makes these changes operative until January 1, 2026. On January 1, 2026, existing law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to the January 1, 2019, on January 1, 2033. By extending the application of a crime, the bill would impose a state-mandated local program. Existing law requires the Department of Motor Vehicles to report specified data to the Transportation Agency regarding the implementation and efficacy of the statewide ignition interlock device program described above and requires the agency to report the outcomes of the program to the Legislature no later than January 1, 2025. This bill would similarly require the department to provide updated data regarding the continued implementation and efficacy of the program to the agency and require the agency to report updated program outcomes to the Legislature by no later than July 1, 2031. The bill would repeal these provisions on July 1, 2035. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 13352 of the Vehicle Code, as amended by Section 1 of Chapter 611 of the Statutes of 2021, is amended to read: 13352. (a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows: (1) (A) Except as provided in this subparagraph, or as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (i) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation. (ii) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person does both of the following: (I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (v) The person provides proof of financial responsibility, as defined in Section 16430. (vi) The person pays all reissue fees and any restriction fee required by the department. (vii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (B) The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e). (2) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (i) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (I) Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556 of this code. (II) Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I). (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with Section 23575.3. (v) The person does both of the following: (I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in Section 16430. (vii) The person pays all reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (B) The restriction shall remain in effect for the period required in subdivision (e). (3) (A) Except as provided in this paragraph or in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (I) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol. (v) The person does both of the following: (I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in Section 16430. (vii) The person pays all reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (B) The restriction shall remain in effect for the period required in subdivision (e). (4) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (I) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol. (v) The person does both of the following: (I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in Sec [Text truncated for display. Full text available on Congress.gov.]