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<ns0:Id>20250AB__154699INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-05</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1546</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Schultz</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_ORIGINATING">(Principal coauthor: Assembly Member Mark González)</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Assembly Member Wilson)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Schultz</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Mark González</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Wilson</ns0:Name>
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<ns0:Title> An act to amend Sections 11836, 11837, 11837.1, and 11837.4 of the Health and Safety Code, to amend Section 1861.025 of the Insurance Code, to amend Sections 191.5 and 1203.44 of the Penal Code, and to amend Sections 13350, 13352, 14601.2, 14601.3, 23103.5, 23546, 23550, 23550.5, 23572, 23575.3, 23577, 23580, 23597, 23598, 23655, and 23665 of, and to add Sections 23550.1 and 23552.1 to, the Vehicle Code, relating to vehicles. </ns0:Title>
<ns0:RelatingClause>vehicles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Vehicles: driving under the influence.</ns0:Subject>
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<html:p>Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person’s blood within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified.</html:p>
<html:p>This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. By
increasing the punishment of a crime, this bill would impose a state-mandated local program.</html:p>
<html:p>Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of 3 or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony, and the person shall have their privilege to drive revoked for a period of 4 years, as specified.</html:p>
<html:p>This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified, if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in
specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program. The bill would revoke the person’s privilege to drive for a period of 4 years if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and for 5 years if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions.</html:p>
<html:p>Existing law, until January 1, 2033, requires a person, upon a criminal conviction for driving under the influence with a prior conviction for DUI, to install a functioning, certified ignition interlock device (IID) for a specified period of time. Under existing law, if a person is convicted of DUI within 10 years of 3 or more specified prior DUI violations, the person is required to install the IID for a mandatory term of 36 months.</html:p>
<html:p>This
bill would require the person to install the IID for a mandatory term of 36 months if the conviction occurred within 10 years of 3 specified prior DUI violations. If the conviction occurred within 10 years of 4 or more specified prior DUI violations, the bill would require the person to install the IID for a mandatory term of 48 months.</html:p>
<html:p>This bill would make conforming changes.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_E467F9F5-ADE9-4945-8A19-072975476B5F">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 11836 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>11836.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The department shall have the sole authority to issue, deny, suspend, or revoke the license of a driving-under-the-influence program. As used in this chapter, “program” means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person whose license to drive has been administratively suspended or revoked for, or who is convicted of, a violation of Section 23152 or 23153 of the Vehicle Code, and admitted to a program pursuant to Section 13352,
13352.1, 23538, 23542, 23548, 23552,
23552.1, 23556, 23562, or 23568 of the Vehicle Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who is convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code, or of Section 655.4 of that code, and admitted to the program pursuant to Section 668 of that code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who has pled guilty or nolo contendere to a charge of a violation of Section 23103 of the Vehicle Code, under the conditions set forth in subdivision (c) of Section 23103.5 of the Vehicle Code, and who has been admitted to the program under subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A person whose license has been suspended, revoked, or delayed due to a violation of Section 23140, and who has been admitted to a program under Article 2 (commencing with Section
23502) of Chapter 1 of Division 11.5 of the Vehicle Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a firm, partnership, corporation, association, local government entity, agency, or place has, or is applying for, more than one license, the department shall treat each licensed program, or each program seeking licensure, as belonging to a separate firm, partnership, corporation, association, local government entity, agency, or place for the purposes of this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of providing recommendations to the department pursuant to subdivision (a), a county board of supervisors may limit its recommendations to those programs that provide services for persons convicted of a first driving-under-the-influence offense, or services to those persons convicted of a second or subsequent driving-under-the-influence offense, or both services. If a county board of supervisors fails to provide recommendations, the
department shall determine the program or programs to be licensed in that county.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
After determining a need, a county board of supervisors may also place one or more limitations on the services to be provided by a driving-under-the-influence program or the area the program may operate within the county, when it initially recommends a program to the department pursuant to subdivision (a).
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For purposes of this subdivision, a board of supervisors may restrict a program for those convicted of a first driving-under-the-influence offense to providing only a three-month program, or may restrict a program to those convicted of a second or subsequent driving-under-the-influence offense to providing only an 18-month program, as a condition of its recommendation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A board of supervisors may not place restrictions on a
program that would violate a statute or regulation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When recommending a program, if a board of supervisors fails to place any limitation on a program pursuant to this subdivision, the department may license that program to provide any driving-under-the-influence program services that are allowed by law within that county.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision is intended to apply only to the initial recommendation to the department for licensure of a program by the county. It is not intended to affect a license that has been previously issued by the department or the renewal of a license for a driving-under-the-influence program. In counties where a contract or other written agreement is currently in effect between the county and a licensed driving-under-the-influence program operating in that county, this subdivision is not intended to alter the terms of that relationship or the renewal of
that relationship.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Section 11835, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section for the purpose of alcohol or drug recovery services provided in virtual settings by means of all-county letters, plan letters, information notices, or similar instructions, until regulations are promulgated or amended in accordance with paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before January 1, 2026, the department shall promulgate regulations, in accordance with Section 11835, governing the provision of alcohol or drug recovery services pursuant to this section in virtual settings.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 11837 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>11837.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and
Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23552.1, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or
30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from the defendant’s physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court shall, as
a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in their blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to
participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The court may, subject to Section 11837.2, and as a condition of probation, refer a
person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, 23552.1, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 11837.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>11837.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
In utilizing any program described in Section 11837, the court may require periodic reports concerning the performance of each person referred to and participating in a program. The program shall provide the court, the Department of Motor Vehicles, and the person participating in a program with an immediate report of any failure of the person to comply with the program’s rules and policies.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If, at any time after entry into or while participating in a program, a participant who is referred to an 18-month program described in Section 23542 of the Vehicle Code or a 30-month program described in Section 23548, 23552, 23552.1, or 23568 of the Vehicle
Code, fails to comply with the rules and policies of the program, and that fact is reported, the Department of Motor Vehicles shall suspend the privilege of that person to operate a motor vehicle for the period prescribed by law in accordance with Section 13352.5 of the Vehicle Code, except as otherwise provided in this section. The Department of Motor Vehicles shall notify the person of its action.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the department withdraws the license of a program, the department shall immediately notify the Department of Motor Vehicles of those persons who do not commence participation in a licensed program within 21 days from the date of the withdrawal of the license of the program in which the persons were previously participating. The Department of Motor Vehicles shall suspend or revoke, for the period prescribed by law, the privilege to operate a motor vehicle of each of those persons referred to an 18-month program pursuant to Section 23542 or
23562 of the Vehicle Code or to a 30-month program pursuant to Section 23548, 23552,
23552.1, or 23568 of the Vehicle Code.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 11837.4 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>11837.4.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
No program, regardless of how it is funded, may be licensed unless all of the requirements of this chapter and of the regulations adopted pursuant to this chapter have been met.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each licensed program shall include, but not be limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the alcohol or drug education and counseling services programs specified in subdivision (b) of Section 11837, each program shall provide for close and regular face-to-face interviews. For the 18-month programs specified in subdivision (a) of Section 11837, each program shall provide for close and regular supervision of the person, including face-to-face interviews at least once every other calendar week, regarding the person’s progress
in the program for the first 12 months of the program and shall provide only community reentry supervision during the final six months of the program. In the last six months of the 18-month program, the provider shall monitor the participant’s community reentry activity with self-help groups, employment, family, and other areas of self-improvement. Unless otherwise ordered by the court, the provider’s monitoring services are limited to not more than six hours. For the 30-month programs specified in subdivision (b) of Section 23548, subdivision (b) of Section 23552, subdivision (b) of Section 23552.1, and subdivision (b) of Section 23568 of the Vehicle Code, each program shall provide for close and regular supervision of the person, including regular, scheduled face-to-face interviews over the course of 30 months regarding the person’s progress in the program and recovery from problem drinking,
alcoholism, chemical dependency, or polydrug abuse, as prescribed by regulations of the department. The interviews in any of those programs shall be conducted individually with each person being supervised and shall occur at times other than when the person is participating in any group or other activities of the program. No program activity in which the person is participating shall be interrupted in order to conduct the individual interviews.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall approve all fee schedules for the programs and shall require that each program be self-supporting from the participants’ fees and that each program provide for the payment of the costs of the program by participants at times and in amounts commensurate with their ability to pay in order to enable these persons to participate. Each program shall make provisions for persons who can successfully document current inability to pay the fees. Only the
department may establish the criteria and procedures for determining a participant’s ability to pay. The department shall ensure that the fees are set at amounts that will enable programs to provide adequately for the immediate and long-term continuation of services required pursuant to this chapter. The fees shall be used only for the purposes set forth in this chapter, except that any profit or surplus that does not exceed the maximum level established by the department may be utilized for any purposes allowable under any other provisions of law. In its regulations, the department shall define, for the purposes of this paragraph, taking into account prudent accounting, management, and business practices and procedures, the terms “profits” and “surplus.” The department shall fairly construe these provisions so as not to jeopardize fiscal integrity of the programs. The department may not license any program if the department finds that any element of the administration of the program does not assure the
fiscal integrity of the program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each program licensed by the department under this section may request an increase in the fees. The request for an increase shall initially be sent to the county alcohol and drug program administrator. The county alcohol and drug program administrator shall, within 30 days of receiving the request, forward it to the department with the administrator’s recommendation that the fee increase be approved or disapproved.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The administrator’s recommendation shall, among other things, take into account the rationale that the program has provided to the administrator for the increase and whether that increase would exceed the profit or surplus limit established by the department.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the county alcohol and drug program administrator fails to forward the request to the department
within the 30 days, the program may send the request directly to the department. In this instance, the department may act without the administrator’s recommendation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The department shall, within 30 days of receiving the request pursuant to subparagraph (B) or (D) approve or disapprove the request. In making its decision, the department shall consider the matters described in subparagraph (C).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The licensed programs described in paragraph (1) shall include a variety of treatment services for problem drinkers, alcoholics, chemical dependents, and polydrug abusers or shall have the capability of referring the persons to, and regularly and closely supervising the persons while in, any appropriate medical, hospital, or licensed residential treatment services or self-help groups for their problem drinking, alcoholism, chemical dependency, or polydrug abuse problem. In addition to
the requirements of paragraph (1), the department shall prescribe in its regulations what other services the program shall provide, at a minimum, in the treatment of participants, which services may include lectures, classes, group discussions, group counseling, or individual counseling in addition to the interviews required by paragraph (1), or any combination thereof. However, any group discussion or counseling activity, other than classes or lectures, shall be regularly scheduled to consist of not more than 15 persons, except that they may, on an emergency basis, exceed 15, but not more than 17, persons, at any one meeting. At no time shall there be more than 17 persons in attendance at any one meeting. For the 30-month programs specified in subdivision (b) of Section 23548, subdivision (b) of Section 23552, subdivision (b) of Section 23552.1, and subdivision (b) of Section 23568 of the Vehicle
Code, each licensed program shall include a method by which each participant shall maintain a compendium of probative evidence, as prescribed in the regulations of the department, on a trimonthly basis demonstrating a performance of voluntary community service by the participant, including, but not limited to, the prevention of drinking and driving, the promotion of safe driving, and responsible attitudes toward the use of chemicals of any kind, for not less than 120 hours and not more than 300 hours, as determined by the court, with one-half of that time to be served during the initial 18 months of program participation and one-half of that time to be served in the final 12 months. In determining whether or not the participant has met the objectives of the program, the compendium of evidence shall also include, and the court shall consider, the participant’s demonstration of significant improvement in any of the following areas of personal achievement:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Significant improvement in occupational performance, including efforts to obtain gainful employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Significant improvement in physical and mental health.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Significant improvement in family relations, including financial obligations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Significant improvement in financial affairs and economic stability.
</html:p>
<html:p>The compendium of evidence shall be maintained by the participant for review by the program, court, probation officer, or other appropriate governmental agency. The program officials, unless prohibited by the referring court, shall make provisions for a participant to voluntarily enter, using the participant’s own resources, a licensed chemical dependency recovery hospital or residential treatment program which has a valid license issued by the
State of California to provide alcohol or drug services, and to receive three weeks of program participation credit for each week of that treatment, not to exceed 12 weeks of program participation credit, but only if the treatment is at least two weeks in duration. The program shall document probative evidence of this hospital or residential care treatment in the participant’s program file.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In order to assure program effectiveness, the department shall require, whenever appropriate, that the licensed program provides services to ethnic minorities, women, youth, or any other group that has particular needs relating to the program.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The goal of each program shall be to assist persons participating in the program to recognize their chemical dependency and to assist them in their recovery.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Each program shall
establish a method by which the court, the Department of Motor Vehicles, and the person are notified in a timely manner of the person’s failure to comply with the program’s rules and regulations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
No program may be licensed unless the county complies with the requirements of subdivision (b) of Section 11812. The provider of a program that offers an alcohol or drug education and counseling services program, an 18-month program, or a 30-month program or any or all of those programs described in this section shall be required to obtain only one license. The department’s regulations shall specify the requirements for the establishment of each program. The license issued by the department shall identify the program or programs licensed to operate.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Departmental approval for the establishment of a 30-month program by a licensed 18-month program is
contingent upon approval by the county alcohol and drug program administrator, based upon confirmation that the program applicant is capable of providing the service and that the fiscal integrity of the program applicant will not be jeopardized by the operation of the program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall refer a person to a 30-month treatment program only if a 30-month program exists or is provided for in the jurisdiction of the court.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A county or program shall not prescribe additional program requirements unless the requirements are specifically approved by the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may license a program on a provisional basis.
</html:p>
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<ns0:BillSection id="id_C92B7F77-2465-4007-BE79-6FC1D3750632">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 1861.025 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1D40CA18-0D15-480A-8D75-2B3B14457B2B">
<ns0:Num>1861.025.</ns0:Num>
<ns0:LawSectionVersion id="id_73134AE2-D6CD-466E-9BD2-D1E1112E9B64">
<ns0:Content>
<html:p>A person is qualified to purchase a Good Driver Discount policy if the person meets all of the following criteria:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The person has been licensed to drive a motor vehicle for the previous three years.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
During the previous three years,
the person has not done any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Had more than one violation point count determined as provided by subdivision (a), (b), (c), (d), (f), or (j) of, or paragraph (1) of subdivision (i) of, Section 12810 of the Vehicle Code, but subject to the following modifications:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For the purposes of this section, the driver of a motor vehicle involved in an accident for which the driver was principally at fault that resulted only in damage to property shall receive one violation point count, in addition to any other violation points that may be imposed for this accident.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If, under Section 488 or 488.5, an insurer is prohibited from increasing the premium on a policy on account of a violation, that violation shall not be included in determining the point count of the person.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a violation is required to be reported under Section 1816 of the Vehicle Code, or under Section 784 of the Welfare and Institutions Code, or any other provision requiring the reporting of a violation by a minor, the violation shall be included for the purposes of this section in determining the point count in the same manner as is applicable to adult violations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Had more than one dismissal pursuant to Section 1803.5 of the Vehicle Code that was not made confidential pursuant to Section 1808.7 of the Vehicle Code, in the 36-month period for violations that would have resulted in the imposition of more than one violation point count under paragraph (1)
if the complaint had not been dismissed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Was the driver of a motor vehicle involved in an accident that resulted in bodily injury or in the death of any person and was principally at fault. The commissioner shall adopt regulations setting guidelines to be used by insurers for the determination of fault for the purposes of this paragraph and paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
During the period commencing on January 1, 1999, or the date 10 years prior to the date of application for the issuance or renewal of the Good Driver Discount policy, whichever is later, and ending on the date of the application for the issuance or renewal of the Good Driver Discount policy, the person has not been
convicted of a violation of Section 23140, 23152, or 23153 of the Vehicle Code, a felony violation of Section 23546, 23550, 23550.1,
or 23566, or former Section 23175 or, as those sections read on January 1, 1999, of the Vehicle Code, or a violation of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any person who claims that the person meets the criteria of subdivisions (a), (b), and (c) based entirely or partially on a driver’s license and driving experience acquired anywhere other than in the United States or Canada is rebuttably presumed to be qualified to purchase a Good Driver Discount policy if the person has been licensed to drive
in the United States or Canada for at least the previous 18 months and meets the criteria of subdivisions (a), (b), and (c) for that period.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FDD28EED-B08F-4306-94AE-C2CD9E7A28D5">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 191.5 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_19A07221-509D-4053-B6C5-8AC68B36B73B">
<ns0:Num>191.5.</ns0:Num>
<ns0:LawSectionVersion id="id_7CA2940E-7C2A-4A19-A60C-F2FFC17A9E7C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either
the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person convicted of violating subdivision (a) who has one or more prior convictions of this
section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, 23550.1, 23552, or 23552.1 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding Section 1203.1 or 1203a, if a person is convicted of a violation of this section and is granted probation, the period of probation shall be not less than three nor more than five years.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted
by the defendant in open court or found to be true by the trier of fact.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_05B233FF-AB9D-436F-A071-69397BAEBFEC">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 1203.44 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C078128B-8ABD-444E-B5A3-9B5ED0325CEB">
<ns0:Num>1203.44.</ns0:Num>
<ns0:LawSectionVersion id="id_F9F59EDF-A3AB-4299-ACC3-FDE3369816E6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as “Hope California,” consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The program facility is licensed by the State
Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The program facility is a clinical setting managed and staffed by the county’s health and human services agency (HHSA) with oversight provided by the county’s probation department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The program facility shall not be a jail, prison, or other correctional setting.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The program facility shall be secured but shall not include a lockdown setting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program
in lieu of incarceration.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The program is limited to one facility site per county.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The program facility ensures that participants have visitation rights, including through the use of a telephone.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment
service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The program adopts the Treatment
Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the
secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a “step-down” residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant’s decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
To the extent permitted under federal and state law, treatment
provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly
Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A
recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The outcomes assessment shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as provided in Section 13202.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
The county collects and monitors all of the following data for participants in the program:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The participant’s criminal history.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The participant’s risk level, as determined by the risk, needs, and biopsychosocial assessment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The treatment provided to the participant during the program, and if the participant completed that treatment.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The risk, needs, and biopsychosocial assessment tool used for the program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The curriculum used by each program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of participants with a program length other than one year and the alternative program lengths used.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Individual data on the number of participants participating in the program.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Individual data for the items described in paragraph (19).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Eligible drug-motivated crimes shall include any
felony crime other than the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Sex crimes listed in subdivision (c) of Section 290.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A “serious felony” as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A “violent felony” as defined in subdivision (c) of Section 667.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Domestic violence” as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, 23550.1, or 23550.5 of the Vehicle Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a “nonviolent drug possession offense” specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant’s crime was caused in whole or in part by the defendant’s SUD.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant’s crime meets the criteria described in subdivision (b).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate, and on the report described in subdivision (d).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If, at any time during the individual’s participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program
itself, the treatment providers or program administrators may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If, at any time during the individual’s participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation
and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers’ assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the participant successfully completes the court-ordered drug treatment pursuant to this program, the conviction shall be set aside, and the court shall dismiss the accusation or information against the participant. The court shall also have discretion to set aside the conviction and
to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant’s record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participant’s successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsy’s Law) are honored before setting aside the conviction and dismissing the accusation or information.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted
statute that is enacted before July 1, 2029, deletes or extends that date.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_8C95952D-4595-4425-B510-7DC4759A1209">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13350.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 13350 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AE50D205-C3A2-4189-B375-24E2433C6C55">
<ns0:Num>13350.</ns0:Num>
<ns0:LawSectionVersion id="id_48FD6016-5B85-430F-B8C7-D425E67D3B97">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure of the driver of a vehicle involved in an accident resulting in injury or death to a person to stop or otherwise comply with Section 20001.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, or 13357.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reckless driving causing bodily injury.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a person
is convicted of a violation of Section 23152 punishable under Section 23546, 23550, 23550.1,
or 23550.5, or a violation of Section 23153 punishable under Section 23550.5 or 23566, including a violation of subdivision (b) of Section 191.5 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging their understanding of the revocation required by paragraph (5), (6), (7), or (8) of subdivision (a) of Section 13352, and an acknowledgment of
their designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_90ADC2CC-31E7-4A5B-9CB1-2364B659FAC9">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2025, Ch. 16, Sec. 6) by Stats. 2025, Ch. 689, Sec. 1. [id_1f3f7ef6-c630-11f0-975c-e301db986e9c]" ns3:type="locator">
Section 13352 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 1 of Chapter 689 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EE32CA2C-CBCD-4D47-8CE6-7261D2D9F3D7">
<ns0:Num>13352.</ns0:Num>
<ns0:LawSectionVersion id="id_1C89F861-7478-49BA-9CCC-20AC9B4070F0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person provides proof of financial
responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays
all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as
defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the
department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under Section 23575.3, if applicable.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code.
For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in
paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial
responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550.1, the privilege shall be revoked for a period of five years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the
violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550.1 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence
or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of paragraphs (2) to (10), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or
23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to
(8), inclusive, of subdivision (a) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in paragraphs (1) to (8), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and
until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle
and reimpose the remaining term of the restriction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding the suspension periods specified in paragraphs (1) to (8), inclusive, of subdivision (a) or Section 13352.1, if the person maintains a functioning, certified ignition interlock device for the mandatory term required under Section 23575.3, inclusive of any term credit earned under Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For the purposes of this section, completion of a program is the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Satisfactory
completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to this section is not eligible for the restricted driver’s license authorized under paragraphs (1) to
(8), inclusive, of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (8), inclusive, of subdivision (a).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the
operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The reinstatement of the driving privilege pursuant to this section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of this section, “bypass” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure to take any random retest.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s
blood.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The restriction conditions specified in paragraphs (1) to (8), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This
section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A2DA0A9B-8106-4F72-BAB8-41C54F18A8F9">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2025, Ch. 16, Sec. 7) by Stats. 2025, Ch. 689, Sec. 2. [id_21272ab8-c630-11f0-975c-e301db986e9c]" ns3:type="locator">
Section 13352 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 2 of Chapter 689 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9C6DA137-622C-48FD-A887-9CD5910903CB">
<ns0:Num>13352.</ns0:Num>
<ns0:LawSectionVersion id="id_CD2D2053-1F21-497D-9796-6620C42ED229">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified
as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program
described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and
complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this code. For
the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the
privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation
of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed
prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The person pays to the
department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of the initial 12 months of a
30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain
in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550.1, the privilege shall be revoked for a period of five years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal
Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under
subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550.1 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended
for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purpose of paragraphs (2) to (10), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a)
to the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in paragraphs (3) to
(8), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For the purposes of this section, completion of a program is the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under this section is not eligible for the restricted driver’s license authorized under paragraphs (3) to
(8), inclusive, of subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative January 1, 2033.
</html:p>
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<ns0:Num>SEC. 11.</ns0:Num>
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Section 14601.2 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BBD835A0-E654-4EA2-A715-612F13BA94B5">
<ns0:Num>14601.2.</ns0:Num>
<ns0:LawSectionVersion id="id_AF3457CC-A082-4DC7-B768-8EC6E8853F6A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person’s driving privilege is restricted if the person so driving has knowledge of the restriction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Knowledge of the suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. Knowledge of the restriction of the driving privilege
shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person convicted of a violation of this section shall be punished as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.1, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of
subdivision (e) of Section 14601.3.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.1, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall
impose as a condition of probation that the person be confined in the county jail for at least 10 days.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the “Verification of Installation” form as described in paragraph (2) of subdivision (h) of Section 13386 or the Judicial Council Form I.D. 100.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not prohibit a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person’s employer, during the course of employment on private property
that is owned or utilized by the employer, except an offstreet parking facility, as defined in subdivision (c) of Section 12500.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
If Section 23573 is applicable, then subdivision (h) is not applicable.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_83824C5E-26B5-42CA-83F0-7F63EB4FE11F">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 14601.3 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DE31E29B-352B-46D7-8463-DDE54D27A07A">
<ns0:Num>14601.3.</ns0:Num>
<ns0:LawSectionVersion id="id_2E87B617-3036-49F3-AB3D-41D1E94E6470">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender.
</html:p>
<html:p>For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Three or more convictions within a 12-month period of an offense given a violation point count
of one pursuant to Section 12810.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department, within 30 days of receipt of a duly certified abstract of the record of any court or accident
report which results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person’s last known address as contained in the department’s records.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The district attorney, within 30 days of receiving the notice required in subdivision (c), shall inform the department of whether or not the person will be prosecuted for being an habitual traffic offender.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision
(b) of Section 23550.1, or subdivision (b) of Section 23550.5, who is convicted of violating Section 14601.2 shall be sentenced as provided in paragraph (3) of subdivision (e).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Any person convicted under this section of being an habitual traffic offender shall be punished as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section
23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.1, subdivision (b) of Section 23550.5, or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B05C4EBE-FBEF-484C-B102-1079FC19021B">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 23103.5 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 18 of Chapter 689 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D673C154-F47A-4C7C-A966-A63E741EB513">
<ns0:Num>23103.5.</ns0:Num>
<ns0:LawSectionVersion id="id_F53184D9-D7CB-44B9-A132-A36D493F21DA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall advise the defendant, prior to the acceptance of the plea
offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, as specified in those sections.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this
section to be a prior offense for purposes of Section 23540, 23546, 23550,
23550.1, 23560, 23566, or 23622.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling
circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60
hours of program activities, including education, group counseling, and individual interview sessions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Commencing January 1, 2019, the court may require a person convicted on or after January 1, 2019, of a violation of Section 23103, as described in this section, to install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period of at least three months, but no longer than the term specified in Section 23575.3
that would have applied to the defendant had the defendant instead been convicted of a violation of Section 23152, from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles. A person who is required to install a functioning, certified ignition interlock device pursuant to this subdivision shall submit the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386 and maintain the ignition interlock device as required under subdivision (f) of Section 23575.3. The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to this subdivision.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The Department of Motor Vehicles
shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the programs described in subdivisions (e) and (g) as to treating persons convicted of violating Section 23103.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_992EAD8C-BD7E-4107-85BF-037D6E3BD295">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 23103.5 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 19 of Chapter 689 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D7B891AA-58D2-4C1C-82DC-DC2EA4813321">
<ns0:Num>23103.5.</ns0:Num>
<ns0:LawSectionVersion id="id_BAEC030C-3C9E-4817-9CCD-A6B2C830E161">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall advise the defendant, prior to the acceptance of the plea
offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, as specified in those sections.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this
section to be a prior offense for purposes of Section 23540, 23546, 23550,
23550.1, 23560, 23566, or 23622.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling
circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60
hours of program activities, including education, group counseling, and individual interview sessions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the programs described in subdivisions (e) and (f) as to treating persons convicted of violating Section 23103.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative January 1, 2033.
</html:p>
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<ns0:BillSection id="id_3B26EB1F-E7B7-4C5B-AFD9-C5E19CCDF5BE">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 23546 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_8F9D13C0-A1B3-49EF-8534-4A83D25688CF">
<ns0:Num>23546.</ns0:Num>
<ns0:LawSectionVersion id="id_6B1B7B05-383B-403B-B711-244E3DF7097C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or imprisonment in the county jail for not less than 120 days nor more than one year,
and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender their driver’s license to the court in accordance with Section 13550.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C016A7CB-CA32-414F-BB6F-18E506EA0EC6">
<ns0:Num>SEC. 16.</ns0:Num>
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Section 23550 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C166F6C7-76FA-406A-9F36-73C74F7EBB03">
<ns0:Num>23550.</ns0:Num>
<ns0:LawSectionVersion id="id_8CDEFB3F-EF14-4391-856B-F00C3A0AB2CB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require
the person to surrender the driver’s license to the court in accordance with Section 13550.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FD6F01D3-3CBF-4614-8FB1-78E23148F311">
<ns0:Num>SEC. 17.</ns0:Num>
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Section 23550.1 is added to the
<ns0:DocName>Vehicle Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_73C337F7-4677-4BA2-8F20-3E52F77A08AB">
<ns0:Num>23550.1.</ns0:Num>
<ns0:LawSectionVersion id="id_C6A85567-11AD-48AA-88A0-C37A9E2C0AB7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (8) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_6827B886-FABA-4C1C-9649-E8D64C80A317">
<ns0:Num>SEC. 18.</ns0:Num>
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Section 23550.5 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_7A8FDC0F-9B36-43F8-8167-683CD47DC68D">
<ns0:Num>23550.5.</ns0:Num>
<ns0:LawSectionVersion id="id_C5FDCBB3-7BA9-4F65-B15E-1C47D20CA199">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A separate violation of Section 23152 that was punished as a felony under Section 23546, 23550, 23550.1, or this section, or both, or under former Section 23175 or former
Section 23175.5, or both.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A separate violation of Section 23153 that was punished as a felony.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A separate violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department pursuant to paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BFF9B043-60CB-4059-98E4-4659A97A7D61">
<ns0:Num>SEC. 19.</ns0:Num>
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Section 23552.1 is added to the
<ns0:DocName>Vehicle Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A732B959-7E22-4544-81CD-8315A09F45B6">
<ns0:Num>23552.1.</ns0:Num>
<ns0:LawSectionVersion id="id_9DAE95D0-E8CA-4A69-8101-7AB7E387925F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the court grants probation to a person punished under Section 23550.1, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in a county jail for at least 180 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (8) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In addition to subdivision (a), if the court grants probation to any person punished under Section 23550.1, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In
order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (8) of subdivision (a) of Section 13352.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23550.1 who has not previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562 and unless the person is ordered to participate in, and complete, a program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the
current violation, enroll in and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. A person who has previously completed a 12-month or 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code is not available for referral in the county of the person’s residence or employment. A condition of probation required pursuant to this subdivision is not a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding
the mandatory license revocation provisions of paragraph (8) of subdivision (a) of Section 13352.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_AE24DFC0-4938-4A21-B3A5-225240365C34">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 23572 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A0DBF355-EA51-4A80-9528-D1E33D43DADD">
<ns0:Num>23572.</ns0:Num>
<ns0:LawSectionVersion id="id_889011B2-F8E3-49AF-AAF1-079EB2F46340">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation
is granted, no part of which may be stayed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 that is punished as a misdemeanor under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The driving of a vehicle in which a
minor under 14 years of age was a passenger shall be pled and proven.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BDA8D5FD-A030-412D-B257-2E4B33CCB0F1">
<ns0:Num>SEC. 21.</ns0:Num>
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Section 23575.3 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_452AF103-3753-47BF-B738-754447B58F59">
<ns0:Num>23575.3.</ns0:Num>
<ns0:LawSectionVersion id="id_FFB45309-A5CC-4B43-B712-CCDE58B3B1A1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that the person is required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that the person is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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 certified ignition interlock device installed. The
records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide to the department proof of installation by submitting the
“Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time the person purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person does not own a vehicle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person does not have access to a vehicle at their residence.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person acknowledges that they are required to have a valid driver’s license before they can drive.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person acknowledges that they are subject to the requirements of this section when the person purchases or has access to a vehicle.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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 pursuant to Section 13352 or 13352.4, 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 ignition interlock device for the applicable term.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Upon a conviction with no priors, punishable under Section 23536, only one of the following may occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person
from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person may apply to the department for a restriction of the driving privilege under Section 13352.4.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Upon a conviction with three
priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Upon a conviction with four or more priors punishable under Section 23550.1, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Upon a conviction with one prior
punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10 years of the current violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a
restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which they had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not be credited towards the mandatory term for which the ignition interlock device is required to be installed.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock
device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program
requirements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A person with an income at 301 to 400 percent of the federal poverty level and who provides income
verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The previous year’s federal
income tax return.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The previous three months of weekly or monthly income statements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Employment Development Department verification of unemployment benefits.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not permit a person to drive without a valid driver’s license.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The requirements of this section are in addition to any other requirements of
law.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Bypass” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Failure to take any random retest.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Operates” includes operating a vehicle that is not owned by the person subject to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Owned” means solely owned or owned in conjunction with another person or legal entity.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Random retest” means a breath test performed by the driver upon a
certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of
that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_9ED83A20-C56D-4827-A1CB-EC5598D0DF99">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 23577 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B8E581F5-3537-47C1-9744-680E93DD196B">
<ns0:Num>23577.</ns0:Num>
<ns0:LawSectionVersion id="id_06BA0301-6DC5-4891-AD20-967699F1C35A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 23152 or 23153, and at the time of the arrest leading to that conviction that person willfully refused a peace officer’s request to submit to, or willfully failed to complete, the breath or urine tests pursuant to Section 23612, the court shall impose the following penalties:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the person is convicted of a first violation of Section 23152, notwithstanding any other provision of subdivision (a) of Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (a) of Section 23538.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the person is convicted of a first violation of Section 23153, the punishment shall be enhanced by an
imprisonment of 48 continuous hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and the execution of that sentence is not stayed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the person is convicted of a second violation of Section 23152, punishable under Section 23540, or a second violation of Section 23153, punishable under Section 23560, the punishment shall be enhanced by an imprisonment of 96 hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and execution of that sentence is not stayed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the person is convicted of a third violation of Section 23152, punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether
or not probation is granted and no part of which may be stayed.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the person is convicted of a fourth or subsequent violation of Section 23152, punishable under Section 23550, 23550.1, or 23550.5, the punishment shall be enhanced by imprisonment of 18 days in the county jail, whether or not probation is granted and no part of which may be stayed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The willful refusal or failure to complete the breath or urine test required pursuant to Section 23612 shall be pled and proven.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The penalties in this section do not apply to a person who refused to submit to or complete a blood test pursuant to Section 23612. This
section does not prohibit imposition of administrative actions involving driving privileges.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_68DCE017-84F7-458D-899A-2226C21A5D7E">
<ns0:Num>SEC. 23.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23580.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 23580 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5D901F14-79D4-44DA-88FA-AF9C820BEAA0">
<ns0:Num>23580.</ns0:Num>
<ns0:LawSectionVersion id="id_4BAA3988-8D5D-45A0-ACC2-DC9DC5567AD8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.1, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, except Section 2900.5 of the Penal Code, unless the court expressly finds in the circumstances that the punishment
inflicted would be cruel or unusual punishment prohibited by Section 17 of Article I of the California Constitution, no court or person to whom a person is remanded for execution of sentence shall release, or permit the release of, a person from the requirements of subdivision (a), including, but not limited to, any work-release program, weekend service of sentence program, diversion or treatment program, or otherwise.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes of this section, “imprisonment” means confinement in a jail, in a minimum security facility, or in an inpatient rehabilitation facility, as provided in Part 1309 (commencing with Section 1309.1) of Title 23 of the Code of Federal Regulations.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3BB215F2-E79A-4243-B464-4441FF4C2D14">
<ns0:Num>SEC. 24.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23597.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2017, Ch. 485, Sec. 30) by Stats. 2025, Ch. 689, Sec. 29. [id_654dc22c-c630-11f0-975c-e301db986e9c]" ns3:type="locator">
Section 23597 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 29 of Chapter 689 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CF200A7B-5397-4656-A55A-2D491EC7FFC0">
<ns0:Num>23597.</ns0:Num>
<ns0:LawSectionVersion id="id_BCF7A846-6FFB-4F3E-A554-0BB96CC23876">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the driver’s license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.1, 23550.5, or 23566. When making this order, the court shall consider all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person’s level of remorse for the acts.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The period of time that has elapsed since the person’s previous convictions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person’s blood-alcohol
level at the time of the violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The person’s participation in an alcohol treatment program.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The person’s risk to traffic or public safety.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The person’s ability to install a functioning, certified ignition interlock device in each motor vehicle that the person operates.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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 license pursuant to this section, the department shall revoke the person’s driver’s license for 10 years, except as provided in subdivision (c).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person
whose license was revoked pursuant to subdivision (a) may apply to the department to have their privilege to operate a motor vehicle reinstated, subject to the condition that the person submits 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 Section 23575.3. Notwithstanding Chapter 5 (commencing with Section 23700) or Section 23575.3, the ignition interlock device shall remain on the person’s motor vehicle for two years following the reinstatement of the person’s driving privilege pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall reinstate the person’s license pursuant to paragraph (1), if the person satisfies all of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person was not convicted of any drug- or alcohol-related offenses,
under state law, during the driver’s license revocation period.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153 of this code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The
privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_86E41BDE-3B81-4566-B7E5-4B439EE7FF21">
<ns0:Num>SEC. 25.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23597.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2016, Ch. 783, Sec. 42) by Stats. 2025, Ch. 689, Sec. 30. [id_674880be-c630-11f0-975c-e301db986e9c]" ns3:type="locator">
Section 23597 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 30 of Chapter 689 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5FE1AA33-2FB2-44BD-9172-AAFCDA88FBAB">
<ns0:Num>23597.</ns0:Num>
<ns0:LawSectionVersion id="id_BF840D3B-1979-47BE-B6E4-5E4A66877A8D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the driver’s license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.1, 23550.5, or 23566. When making this order, the court shall consider all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person’s level of remorse for the acts.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The period of time that has elapsed since the person’s previous convictions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person’s blood-alcohol
level at the time of the violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The person’s participation in an alcohol treatment program.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The person’s risk to traffic or public safety.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The person’s ability to install a certified ignition interlock device in each motor vehicle that the person owns or operates.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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 license pursuant to this section, the department shall revoke the person’s driver’s license for 10 years, except as provided in subdivision (c).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose
license was revoked pursuant to subdivision (a) may apply to the department to have their privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386 and agrees to maintain the ignition interlock 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 the person’s motor vehicle for two years following the reinstatement of the person’s driving privilege pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall reinstate the person’s license pursuant to paragraph (1), if the person satisfies all of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person was not convicted of any drug- or alcohol-related offenses, under state
law, during the driver’s license revocation period.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall immediately terminate the restriction issued pursuant to this section and shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become operative January 1, 2033.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_8B51CEBA-4408-4ED3-9EF5-3B6C4E259399">
<ns0:Num>SEC. 26.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23598.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 23598 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C77A659F-B463-4671-B496-3882CFC8BA17">
<ns0:Num>23598.</ns0:Num>
<ns0:LawSectionVersion id="id_F4AA150F-53C9-40E0-94E1-A02827FA1609">
<ns0:Content>
<html:p>In lieu of the alcohol or drug education program prescribed by Section 23538, 23542, 23548, 23552, 23552.1, 23556, 23562, or 23568, a court may impose, as a condition of probation, that the person complete, subsequent to the underlying conviction, a program specified in Section 8001 of the Penal Code, if the person consents and has been accepted into that program. Acceptance into that program shall be verified by a certification, under penalty of perjury, by the director of the program.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8F656B72-C065-4F8E-9C4B-2C4C1C4456F3">
<ns0:Num>SEC. 27.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23655.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 23655 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_88EB9F34-2A11-499B-82D2-79D32F7F4496">
<ns0:Num>23655.</ns0:Num>
<ns0:LawSectionVersion id="id_6E0B4C7F-9AB8-49F0-BDED-2A75E8C20133">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon any conviction of a violation of Section 23152 or 23153, any judge of the court may order a presentence investigation to determine whether a person convicted of the violation would benefit from one or more education, training, or treatment programs, and the court may order suitable education, training, or treatment for the person, in addition to imposing any penalties required by this code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining whether to require, as a condition of probation, the participation in a program pursuant to subdivision (b) of Section 23538, subdivision (b) of Section 23542, subdivision (b) of Section 23548, subdivision (b) of Section 23552, subdivision (b) of Section 23552.1,
subdivision (b) of Section 23556, subdivision (b) of Section 23562, or subdivision (b) of Section 23568, the court may consider any relevant information about the person made available pursuant to a presentence investigation, which is permitted but not required by subdivision (a), or other screening procedure. That information shall not be furnished to the court by any person who also provides services in a privately operated, approved program or who has any direct interest in a privately operated, approved program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in an approved program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Judicial Council shall adopt a standard form for use by all courts, defendants, and alcohol or drug education programs in certifying to the court that the person has achieved both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Enrolled within the specified time period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Successfully completed any program required by Section 23538 or 23556.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_58C96FB2-BA63-42F7-A445-C7453F11F594">
<ns0:Num>SEC. 28.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23665.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 23665 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_573B038A-4DEA-4412-920E-6BC961A118FA">
<ns0:Num>23665.</ns0:Num>
<ns0:LawSectionVersion id="id_D56CA17C-9153-42D5-A624-0BF102FB17CE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person is convicted of a violation of Section 20001, or of Section 23152 or 23153 and is sentenced to one year in a county jail or more than one year in the state prison under Section 23540, 23542, 23546, 23548, 23550, 23550.1, 23550.5, 23552, 23552.1, 23554, 23556, 23558, 23560, 23562, 23566, or 23568, the court may postpone the revocation or suspension of the person’s driving privilege until the term of imprisonment is served.
</html:p>
<html:p>
(b)
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This section shall become operative on September 20, 2005.
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<ns0:Num>SEC. 29.</ns0:Num>
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No reimbursement is required by this act pursuant to Section 6 of Article XIII
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B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
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B of the California Constitution.
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