AB981 - Vehicles: active intelligent speed assist devices.

Amended IN Assembly April 28, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 981 Introduced by Assembly Member Gipson February 20, 2025 An act to add and repeal Division 11.6 (commencing with Section 23700) to of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 981, as amended, Gipson. Vehicles: active intelligent speed assist devices. Existing law requires, until January 1, 2026, a person who has been convicted on or after January 1, 2019, of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a period of time, as ordered by the court, an ignition interlock device (IID) on the vehicle they operate. Installation of an IID is discretionary for a first offender, as specified. Existing law also requires persons convicted of driving under the influence of a drug to install an IID. Existing law specifies periods for which a person convicted of one or more prior driving-under-the-influence violations is required to install an IID, as specified. A violation of the Vehicle Code is a crime punishable as an infraction, unless otherwise specified. This bill would impose require the Department of Motor Vehicles to establish, until January 1, 2033, a pilot program in the Counties of Los Angeles, San Diego, Fresno, Sacramento, and Kern that would impose a similar requirement for persons convicted of specified driving offenses relating to excessive speed, reckless driving, and exhibitions of speed to install for a period of time, as ordered by the court, a certified active intelligent speed assist device (ISA) on any vehicle the person operates. The bill would similarly make the installation of an ISA discretionary for a first offender, as specified. The bill would establish periods for which a person convicted of one or more prior driving-under-the-influence violations specified driving offenses is required to install an ISA, as specified. The bill would require the Department of Motor Vehicles to create a verification installation form to be submitted by persons subject to these provisions. The bill would impose a fee schedule to be adopted by certified ISA manufacturers and their agents for the ISA and other related costs. By creating new crimes related to the installation and maintenance of an ISA, this bill would impose a state-mandated local program. The bill would require, by July 1, 2030, the department to report data to the Transportation Agency regarding the implementation and efficacy of the pilot program, as specified, and require the Transportation Agency to report to the Legislature on the outcomes of the pilot program by July 1, 2031. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Los Angeles, San Diego, Fresno, Sacramento, and Kern. 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. Division 11.6 (commencing with Section 23700) is added to the Vehicle Code, to read: DIVISION 11.6. Sentencing for Other Driving Offenses 23700. Notwithstanding any other provision of law, the Department of Motor Vehicles shall establish a pilot program in the Counties of Los Angeles, San Diego, Fresno, Sacramento, and Kern to reduce the number of violations of Sections 23103, 23109, 22348, and 23582 as follows: (a) In addition to any other requirement imposed by law, a court shall notify a person convicted in the County of Los Angeles, San Diego, Fresno, Sacramento, or Kern of a violation listed in subdivision (h) that they are required to install a functioning, certified active intelligent speed assist device on any vehicle that the person operates and that they are prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist device in accordance with this section. (b) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code. (c) The department shall advise the person that installation of a functioning, certified active intelligent speed assist device on a vehicle does not allow the person to drive without a valid driver’s license. (d) (1) A person who is notified by the department pursuant to subdivision (b) shall do all of the following: (A) Arrange for each vehicle operated by the person to be equipped with a functioning, certified active intelligent speed assist device by a certified active intelligent speed assist device provider. (B) Provide to the department proof of installation by submitting a verification installation form to be developed by the department. (C) Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section. (2) A person who is notified by the department pursuant to subdivision (b) is exempt from the requirements of this subdivision until the time they purchase or have access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following: (A) The person does not own a vehicle. (B) The person does not have access to a vehicle at their residence. (C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h). (D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified active intelligent speed assist device. (E) The person acknowledges that they are required to have a valid driver’s license before they can drive. (F) The person acknowledges that they are subject to the requirements of this section when they purchase or have access to a vehicle. (e) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified active intelligent speed assist device for the applicable term. (f) (1) A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified active intelligent speed assist device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. (2) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the active intelligent speed assist device. (g) The department shall monitor the installation and maintenance of the active intelligent speed assist device installed pursuant to subdivision (d). (h) A person is required to install a functioning, certified active intelligent speed assist device pursuant to this section for the applicable term, as follows: (1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable: (A) Upon a conviction with no priors punishable under Section 23103, 23109, or 22348, the court may order installation of a functioning, certified active intelligent speed assist device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assist device. If the court orders the active intelligent speed assist device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction and shall specify the terms of the active intelligent speed assist device restriction. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified active intelligent speed assist device for the applicable term. (B) Upon a conviction with one prior punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months. (C) Upon a conviction with two priors punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months. (D) Upon a conviction with three or more priors punishable under Section 23103, 23109, or 22348, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months. (2) A person convicted of a violation of Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assist device, as follows: (A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months. (B) Upon a conviction with one prior punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months. (C) Upon a conviction with two priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months. (D) Upon a conviction with three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assist device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months. (i) If a person fails to comply with any of the requirements regarding active intelligent speed assist devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assist device is required to be installed. (j) (1) Every manufacturer and manufacturer’s agent certified by the department to provide active intelligent speed assist devices shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assist device by offenders device, the administration of the program, installation of the device, service, recalibration and monitoring of the device as required by paragraph (1) of subdivision (g), and any other costs associated with the device by persons subject to this chapter division in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code: (A) A person with an income at 100 125 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 5 percent of the cost of the manufacturer’s standard active intelligent speed assist device program costs, and any additional costs accrued by the person for noncompliance with program requirements. identified in paragraph (1). (B) A person with an income at 101 to 200 126 to 225 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 20 percent of the cost of the manufacturer’s standard active intelligent speed assist device program costs, and any additional costs accrued by the person for noncompliance with program requirements. identified in paragraph (1). (C) A person with an income at 201 to 300 226 to 325 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 40 percent of the cost of the manufacturer’s standard active intelligent speed assist device program costs, and any additional costs accrued by the person for noncompliance with program requirements. identified in paragraph (1). (D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 40 percent of the cost of the manufacturer’s standard active intelligent speed assist device program costs, and any additional costs accrued by the person for noncompliance with program requirements. identified in paragraph (1). (E) A person with an income at 301 to 400 326 to 425 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 80 percent of the cost of the manufacturer’s standard active intelligent speed assist device program costs, and any additional costs accrued by the person for noncompliance with program requirements. identified in paragraph (1). (F) All other offenders are responsible for 100 percent of the cost costs of the active intelligent speed assist device. device identified in paragraph (1). (G) The manufacturer is responsible for the percentage of costs costs identified in paragraph (1) that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive. (2) The active intelligent speed assist device provider shall verify the offender’s income to determine the cost costs of the active intelligent speed assist device pursuant to this subdivision identified in paragraph (1) by verifying one of the following documents from the offender: (A) The previous year’s federal income tax return. (B) The previous three months of weekly or monthly income statement [Text truncated for display. Full text available on Congress.gov.]