Bill Text: CA AB452 | 2011-2012 | Regular Session | Amended
Bill Title: Driving under the influence: licensed and approved drug
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-07-02 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB452 Detail]
Download: California-2011-AB452-Amended.html
BILL NUMBER: AB 452 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 24, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 15, 2011
An act to amend Section 637.7 of the Penal Code, relating
to privacy. An act to amend Section 11837.4 of the
Health and Safety Code, and to amend Sections 13352, 23542, 23548,
23552, 23556, 23562, and 23568 of the Vehicle Code, relating to
driving under the influence.
LEGISLATIVE COUNSEL'S DIGEST
AB 452, as amended, Ma. Electronic tracking devices:
invasion of privacy. Driving under the influence:
licensed and approved drug and alcohol programs .
Existing law requires a court to order a person, who is at least
18 years of age and who is convicted of a first violation of a
driving-under-the-influence (DUI) offense, as specified, to attend a
DUI program, including specified alcohol or drug education and
counseling services, and provides for the licensing of those programs
by the State Department of Alcohol and Drug Programs.
This bill would prohibit any DUI program activities from (1) being
conducted through a program that is not so licensed and (2) being
completed through an online, distant learning, or remote learning
method. The bill would further prohibit any credit from being given
for any DUI program activities completed through an unlicensed
program or through an online, distant learning, or remote learning
method.
Existing law prohibits a person or entity from using an electronic
tracking device to determine the location or movement of a person.
This prohibition does not apply when the owner of a vehicle has
consented to the use of the electronic tracking device with respect
to the vehicle, or to a law enforcement agency.
This bill would recast this provision to prohibit a person or
entity from using, or knowingly employing or engaging a 3rd party to
use, an electronic tracking device to determine the location or
movement of a person without the consent of that person.
This bill would additionally provide that this prohibition does
not apply to the parent or legal guardian of a minor child or
conservator of a legally incompetent person for purposes of tracking
that minor or incompetent person, except as specified. The bill would
also provide that this prohibition does not apply to the use of an
electronic tracking device by a commercial service provider, as
provided, only if the provider has given a specified notice regarding
the use of the device. The bill would prohibit the provider from
selling, distributing, transferring, or releasing any information
gathered or collected to any 3rd party or the person utilizing the
service, except as specified.
Existing law defines an electronic tracking device as any device
attached to a vehicle or other moveable thing that reveals its
location or movement by the transmission of electronic signals.
This bill would instead define an electronic tracking device as
any device attached to, placed on, or inserted into, a vehicle,
wireless telephone, or other movable thing that reveals its location
or movement by the transmission of electronic or radio signals,
including, but not limited to, a global positioning system.
The bill would also prohibit a person from requiring, coercing, or
compelling any other individual to consent to undergo the
subcutaneous implanting of an electronic tracking device, as
specified.
Existing law provides that a violation of these provisions is a
misdemeanor, punishable by imprisonment in a county jail for not more
than 6 months, by a fine not to exceed $1,000, or both that fine and
imprisonment.
This bill would provide that a violation of these provisions is a
misdemeanor, punishable by imprisonment in a county jail for not more
than 6 months, by a fine not to exceed $2,500, or by both that fine
and imprisonment.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11837.4 of the
Health and Safety Code is amended to read:
11837.4. (a) No A program,
regardless of how it is funded, may shall not
be licensed unless all of the requirements of this chapter and
of the regulations adopted pursuant to this chapter have been met.
(b) Each licensed program shall include, but not be limited to,
the following:
(1) 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, 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 A program activity in which the
person is participating shall not be interrupted in order
to conduct the individual interviews. Program activities shall
not be conducted through a program that is not licensed under Section
11836. Program activities shall not be completed through an online,
distant learning, or remote learning method.
(2) (A) 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
shall not license any a program
if the department finds that any element of the administration of the
program does not assure the fiscal integrity of the program.
(B) 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.
(C) 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.
(D) 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.
(E) 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).
(3) 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 of these services . 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, 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:
(A) Significant improvement in occupational performance, including
efforts to obtain gainful employment.
(B) Significant improvement in physical and mental health.
(C) Significant improvement in family relations, including
financial obligations.
(D) Significant improvement in financial affairs and economic
stability.
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.
(4) 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.
(5) 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.
(6) 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.
(c) No A program may
shall not 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.
(d) (1) 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.
(2) 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.
(e) A county or program shall not prescribe additional program
requirements unless the requirements are specifically approved by the
department.
(f) The department may license a program on a provisional basis.
SEC. 2. Section 13352 of the Vehicle
Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
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
or 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 below shall apply to
the noncommercial driving privilege. The commercial driving privilege
shall be disqualified as specified in Sections 15300 to 15302,
inclusive. For the purposes of this section, suspension or revocation
shall be as follows:
(1) 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. 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 be
subsequent to the date of the current violation. Credit shall not be
given to for any program activities
completed prior to the date of the current violation. Credit
shall not be given for any activities completed through a program not
licensed pursuant to Section 11836 of the Health and Safety Code or
for activities completed through an online, distant learning, or
remote learning method.
(2) 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. 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 be subsequent to the date of the
current violation. Credit shall not be given to
for any program activities completed prior to the date of
the current violation. Credit shall not be given for any
activities completed through a program not licensed pursuant to
Section 11836 of the Health and Safety Code or for activities
completed through an online, distant learning, or remote learning
method.
(3) 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. 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 for
any program activities completed prior to the date of the
current violation. Credit shall not be given for any activities
completed through a program not licensed pursuant to Section 11836 of
the Health and Safety Code or for activities completed through an
online, distant learning, or remote learning method. The
department shall advise the person that he or she may apply to the
department for a restriction of the driving privilege, which may
include credit for a suspension period served under subdivision (c)
of Section 13353.3, subject to the following conditions:
(A) 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.
(B) The person satisfactorily provides, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(C) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (B).
(D) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(E) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(F) The person provides proof of financial responsibility, as
defined in Section 16430.
(G) The person pays all reissue fees and any restriction fee
required by the department.
(H) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(I) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) 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 be subsequent to the date of the current
violation. Credit shall not be given to for
any program activities completed prior to the date of the
current violation. Credit shall not be given for any activities
completed through a program not licensed pursuant to Section 11836 of
the Health and Safety Code or for activities completed through an
online, distant learning, or remote learning method. 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,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) 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, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) 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 one of the following programs:
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, 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 for
any program activities completed prior to the date of the
current violation. Credit shall not be given for any activities
completed through a program not licensed pursuant to Section 11836 of
the Health and Safety Code or for activities completed through an
online, distant learning, or remote learning method. The
department shall advise the person that he or she may apply to the
department for a restriction of the driving privilege, which may
include credit for a suspension period served under subdivision (c)
of Section 13353.3, subject to the following conditions:
(A) 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.
(B) The person satisfactorily provides, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment, and the person agrees, as a condition of the restriction,
to continue satisfactory participation in the 30-month
driving-under-the-influence program.
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition 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.
(G) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(H) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(I) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) 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, 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 for
any program activities completed prior to the date of the
current violation. Credit shall not be given for any activities
completed through a program not licensed pursuant to Section 11836 of
the Health and Safety Code or for activities completed through an
online, distant learning, or remote learning method. 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, the person
may apply to the department for a restricted driver's license,
subject to the following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) 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, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) 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.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) 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.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) 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, 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 for any
program activities completed prior to the date of the current
violation. Credit shall not be given for any activities
completed through a program not licensed pursuant to Section 11836 of
the Health and Safety Code or for activities completed through an
online, distant learning, or remote learning method. 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, the person
may apply to the department for a restricted driver's license,
subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) 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, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) 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.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) 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.
(9) 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.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109 or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
(c) 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.
(d) 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.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), 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.
(f) For the purposes of this section, completion of a program is
the following:
(1) 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.
(2) 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.
(g) 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 (7), inclusive, of subdivision (a). Credit
shall not be given for any program activity completed prior to the
date of the current conviction. Credit shall not be given for any
activities completed through a program not licensed pursuant to
Section 11836 of the Health and Safety Code or for activities
completed through an online, distant learning, or remote learning
method.
SEC. 3. Section 23542 of the Vehicle
Code is amended to read:
23542. (a) (1) If the court grants probation to a person punished
under Section 23540, 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 county jail and fined under either of the following:
(A) For at least 10 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).
(B) For at least 96 hours, 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). A sentence of 96 hours of
confinement shall be served in two increments consisting of a
continuous 48 hours each. The two 48-hour increments may be served
nonconsecutively.
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (3) 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.
(b) In addition to the conditions specified in subdivision (a),
the court shall require the person to do either of the following:
(1) Enroll and participate, for at least 18 months subsequent to
the date of the underlying violation 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 any program activities
completed prior to, the date of the current violation. In
addition, credit shall not be given for any activities completed
through a program not licensed pursuant to Section 11836 of the
Health and Safety Code or for activities completed through an online,
distant learning, or remote learning method. The program shall
provide for persons who cannot afford the program fee pursuant to
paragraph (2) of subdivision (b) of Section 11837.4 of the Health and
Safety Code in order to enable those persons to participate.
(2) Enroll and participate, for at least 30 months subsequent to
the date of the underlying violation 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. The person shall
complete the entire program subsequent to, and shall not be given any
credit for any program activities completed prior to, the date of
the current violation. In addition, credit shall not be given
for any activities completed through a program not licensed pursuant
to Section 11836 of the Health and Safety Code or for activities
completed through an online, distant learning, or remote learning
method.
(c) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the Department of Motor Vehicles of successful
completion of a driving-under-the-influence program of the length
required under this code licensed pursuant to Section 11836 of the
Health and Safety Code has been received in the department's
headquarters.
(d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
(e) This section shall become operative on September 20, 2005.
SEC. 4. Section 23548 of the Vehicle
Code is amended to read:
23548. (a) (1) If the court grants probation to any person
punished under Section 23546, 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 the county jail for at least 120 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).
(2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (5) 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.
(b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23546, 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 specified 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
paragraph (4) of 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 (5) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23546 who has not previously completed a treatment program
pursuant to paragraph (4) of 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
driving-under-the-influence 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 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. In addition, credit shall not be
given for any activities completed through a program not licensed
pursuant to Section 11836 of the Health and Safety Code or for
activities completed through an online, distant learning, or remote
learning method. Any person who has previously completed a
12-month or 18-month 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 licensed
driving-under-the-influence program is not available for referral in
the county of the person's residence or employment. The program shall
provide for persons who cannot afford the program fee pursuant to
paragraph (2) of subdivision (b) of Section 11837.4 of the Health and
Safety Code in order to enable those persons to participate. 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 (5) of subdivision (a) of Section 13352.
(d) 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.
(e) This section shall become operative on September 20, 2005.
SEC. 5. Section 23552 of the Vehicle
Code is amended to read:
23552. (a) (1) If the court grants probation to a person punished
under Section 23550, 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).
(2) The person's privilege to operate a motor vehicle shall be
revoked by the department under 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.
(b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person enroll and
participate, for at least 30 months subsequent to the underlying
conviction violation 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.
Credit shall not be given for any activities completed through a
program not licensed pursuant to Section 11836 of the Health and
Safety Code or for activities completed through an online,
distant learning, or remote learning method. 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 (7) of
subdivision (a) of Section 13352.
(c) In addition to Section 23600 and subdivision (a), if the court
grants probation to any person punished under Section 23550 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. In addition, credit shall not be
given for any activities completed through a program not licensed
pursuant to Section 11836 of the Health and Safety Code or for
activities completed through an online, distant learning, or remote
learning method. 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 (7) of subdivision (a) of Section 13352.
(d) 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.
SEC. 6. Section 23556 of the Vehicle
Code is amended to read:
23556. (a) (1) If the court grants probation to any person
punished under Section 23554, in addition to the provisions of
Section 23600 and any other terms and conditions imposed by the
court, the court shall impose as a condition of probation that the
person be confined in the county jail for at least five 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).
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (2) 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.
(b) (1) In a county where the county alcohol program administrator
has certified, and the board of supervisors has approved, a program
or programs, the court shall also impose as a condition of probation
that the driver shall participate in, and successfully complete, an
alcohol and other drug education and counseling program, established
pursuant to Section 11837.3 of the Health and Safety Code, as
designated by the court.
(2) In any county where the board of supervisors has approved and
the State Department of Alcohol and Drug Programs has licensed an
alcohol and other drug education and counseling program, the court
shall also impose as a condition of probation that the driver enroll
in, participate in, and successfully complete, a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county
of residence or employment, as designated by the court. For
the purposes of this paragraph, enrollment in, participation in, and
completion of, an approved a licensed
program shall be subsequent to the date of the current violation.
Credit may shall not be given
to for any program activities completed prior to
the date of the current violation . Credit shall not be given
for any activities completed through a program not licensed pursuant
to Section 11836 of the Health and Safety Code or for activities
completed through an online, distant learning, or remote learning
method .
(3) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for 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 Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code.
(4) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for 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 Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the Department of Alcohol
and Drug Programs. That reporting shall ensure that all persons who,
after being ordered to attend and complete a program, may be
identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
(d) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided 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.
(e) This section shall become operative on September 20, 2005.
SEC. 7. Section 23562 of the Vehicle
Code is amended to read:
23562. If the court grants probation to a person punished under
Section 23560, 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 subject to
either subdivision (a) or (b), as follows:
(a) Be confined in the county jail for at least 120 days and pay a
fine of at least three hundred ninety dollars ($390), but not more
than five thousand dollars ($5,000). The person's privilege to
operate a motor vehicle shall be revoked by the department under
paragraph (4) 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.
(b) All of the following apply:
(1) Be confined in the county jail for at least 30 days, but not
more than one year.
(2) Pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000).
(3) The privilege to operate a motor vehicle shall be revoked by
the department under paragraph (4) 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.
(4) Either of the following:
(A) Enroll and participate, for at least 18 months subsequent to
the date of the underlying violation 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, if
available in the county of the person's residence or employment,
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. Credit shall not be given for any activities
completed through a program not licensed pursuant to Section 11836 of
the Health and Safety Code or for activities completed through an
online, distant learning, or remote learning method. The
program shall provide for persons who cannot afford the program fee
pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of
the Health and Safety Code in order to enable those persons to
participate.
(B) Enroll and participate, for at least 30 months subsequent to
the date of the underlying violation 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, if available in the
county of the person's residence or employment. 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.
(c) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided 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.
(d) This section shall become operative on September 20, 2005.
SEC. 8. Section 23568 of the Vehicle
Code is amended to read:
23568. (a) If the court grants probation to a person punished
under Section 23566, 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 the county jail for at least one year, that the person pay a fine
of at least three hundred ninety dollars ($390) but not more than
five thousand dollars ($5,000), and that the person make restitution
or reparation pursuant to Section 1203.1 of the Penal Code. The
person's privilege to operate a motor vehicle shall be revoked by the
department under paragraph (6) 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.
(b) In addition to Section 23600 and subdivision (a), if the court
grants probation to a person punished under Section 23566, the court
shall impose as a condition of probation that the person enroll in
and complete, subsequent to the date of the underlying violation and
in a manner satisfactory to the court, 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, 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. Credit shall not be given for any
activities completed through a program not licensed
pursuant to Section 11836 of the Health and Safety Code or for
activities completed through an online, distant learning, or remote
learning method. In lieu of the minimum term of imprisonment in
subdivision (a), the court shall impose as a minimum 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. Except
as provided in this subdivision, if the court grants probation under
this section, the court shall order the treatment prescribed by this
subdivision, 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 (6) of subdivision (a) of Section 13352.
(c) 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.
SECTION 1. The Legislature finds and declares
that the right to privacy is fundamental to a free and civilized
society and that the increasing use of electronic surveillance
devices is eroding personal liberty. The Legislature declares that
the electronic tracking of a person's location without that person's
knowledge and consent violates that person's reasonable expectation
of privacy.
SEC. 2. Section 637.7 of the Penal Code is
amended to read:
637.7. (a) No person or entity in this state shall use or
knowingly employ or engage a third party to use an electronic
tracking device to determine the location or movement of a person
without the consent of that person.
(b) Subdivision (a) shall not apply to any of the following:
(1) The legal owner, lessor, or lessee of a vehicle who has
consented to the use of the electronic tracking device with respect
to that vehicle.
(2) The use of an electronic tracking device by a federal, state,
or local law enforcement agency or individual law enforcement
officer, acting in good faith, for a law enforcement purpose.
(3) The use of an electronic tracking device by a parent or legal
guardian or person having legal custody of a minor for purposes of
tracking that minor, unless there is a court order in place
prohibiting the parent, legal guardian, or other person having legal
custody of the minor from contacting, directly or indirectly,
harassing, following, surveilling, or stalking the minor.
(4) The use of an electronic tracking device by a conservator of a
legally incompetent person for the purposes of tracking that
incompetent person provided that electronic tracking has been
approved by a court. This exception shall not apply if there is a
court order in place prohibiting a conservator of a legally
incompetent person from contacting, directly or indirectly,
harassing, following, surveilling, or stalking the incompetent
person.
(5) The use of an electronic tracking device by a commercial
service provider, such as a wireless telephone service provider, when
the electronic tracking device is used in support of the primary
purpose of the commercial service being provided. This paragraph
shall apply only after the commercial service provider has given
notice of the use of the electronic tracking device to the person
utilizing the service. The notice shall describe the process by which
the commercial service provider may electronically track the person
and disclose for what purposes the provider is using electronic
tracking. The commercial service provider shall not sell, distribute,
transfer, or release any information gathered or collected regarding
a person from the electronic tracking device to any third party or
the person utilizing the service without a court order or the written
consent of the actual person being tracked.
(c) As used in this section, "electronic tracking device" means
any device attached to, placed on, or inserted into a vehicle,
wireless telephone, or other movable thing that reveals its location
or movement by the transmission of electronic or radio signals,
including, but not limited to, a global positioning system.
(d) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail not to exceed six months, or by a fine
not to exceed two thousand five hundred dollars ($2,500), or by both
that fine and imprisonment.
(e) A violation of this section by a person, business, firm,
company, association, partnership, or corporation licensed under
Division 3 (commencing with Section 5000) of the Business and
Professions Code shall constitute grounds for revocation of the
license issued to that person, business, firm, company, association,
partnership, or corporation, pursuant to the provisions that provide
for the revocation of the license as set forth in Division 3
(commencing with Section 5000) of the Business and Professions Code.
(f) Notwithstanding subdivision (a), a person shall not require,
coerce, or compel any other individual to consent to undergo the
subcutaneous implanting of an electronic tracking device as those
terms are defined in subdivision (h) of Section 52.7 of the Civil
Code.
(g) It is not a defense to this section that the electronic
tracking device used by the person or entity failed to function
properly.
