Bill Text: CA SB1066 | 2015-2016 | Regular Session | Amended
Bill Title: Highway safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1066 Detail]
Download: California-2015-SB1066-Amended.html
BILL NUMBER: SB 1066 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2016
INTRODUCED BY Senator Beall
FEBRUARY 16, 2016
An act to add Section 164.2 to the Streets and Highways Code,
and to add Section 23582.5 to the Vehicle Code, relating to
transportation. highway safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1066, as amended, Beall. Transportation funds: fund
estimates. Highway safety.
Existing law establishes the state transportation improvement
program process, pursuant to which the California Transportation
Commission programs, on a biennial basis, available state and federal
funds for transportation capital improvement projects, other than
state highway rehabilitation and repair projects, for the 5-year
period of the state transportation improvement program, based on the
interregional transportation improvement program prepared by the
Department of Transportation and the regional transportation
improvement programs prepared by regional transportation planning
agencies. Existing law requires the Department of Transportation to
submit to the California Transportation Commission an estimate of
state and federal funds reasonably expected to be available for
future programming over the 5-year period in each state
transportation improvement program, and requires the California
Transportation Commission to adopt a fund estimate in that regard.
This bill would require the fund estimates prepared by the
department and the commission to identify and include federal funds
derived from apportionments made to the state under the Fixing
America's Surface Transportation (FAST) Act of 2015.
Existing law prohibits a person who has 0.08% or more, by weight,
of alcohol in his or her blood from driving a vehicle. Existing law
also prohibits a person while having 0.08% or more, by weight, of
alcohol in his or her blood from driving a vehicle and concurrently
doing any act forbidden by law, or neglecting any duty imposed by law
in driving the vehicle, when the act or neglect proximately causes
bodily injury to a person other than the driver. A violation of
either of these prohibitions is a crime. Existing law authorizes a
court, in addition to imposing penalties and sanctions for those
violations, to require the person to enroll and participate in, and
successfully complete, a driving-under-the-influence program, which
may include, among other things, education, group counseling, and
individual interview sessions.
Existing law requires the Department of Motor Vehicles to
immediately suspend a person's privilege to operate a motor vehicle
for a specified period of time if the person has driven a motor
vehicle when the person had a certain blood-alcohol concentration.
Existing law also requires the department to suspend or revoke the
driving privilege of a person who refuses an officer's request or
fails to complete a chemical test or tests, as specified. Existing
law authorizes certain individuals whose privilege is suspended or
revoked pursuant to that provision to receive a restricted driver's
license if specified requirements are met, including the completion
of specified periods of license suspension or revocation and, in some
instances, the installation of an ignition interlock device on the
person's vehicle.
This bill would authorize the court to order a person convicted of
a crime described above to enroll and participate in, and
successfully complete, a qualified "24/7 Sobriety program," as
defined, as a condition of probation, if the program is available and
deemed appropriate, and the person committed the crime within 10
years of one or more separate crimes described above that resulted in
a conviction. The bill also would authorize a court to order
participation in a 24/7 Sobriety program as a condition of release on
bond for a person who has been charged with a crime described above,
as specified. The bill would permit a person whose driving privilege
has been suspended or revoked for certain violations, and who
subsequently applies to the department for a restricted driving
privilege, to be permitted to participate in a 24/7 Sobriety program
for a minimum of one year as a condition of obtaining the restricted
driving privilege as an alternative to, or in conjunction with,
participation in an ignition interlock device program. The bill would
define a "24/7 Sobriety program," in part, as requiring a person in
the program to abstain from alcohol and unauthorized controlled
substances and be subject to frequent testing for alcohol and
controlled substances, as specified. The bill would require a person
participating in the program to pay the program costs, commensurate
with the person's ability to pay, as specified. The bill would make
related legislative findings and declarations and state the intent of
the Legislature to enact these provisions for the purpose of making
the state eligible to receive grant funding under the FAST Act and
additional funding from the National Highway Traffic Safety
Administration.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as
follows:
(a) On December 4, 2015, Congress passed, and the President signed
into law, the Fixing America's Surface Transportation (FAST) Act
(Public Law 114-94).
(b) The FAST Act provides long-term funding certainty for surface
transportation and requires the National Highway Traffic Safety
Administration (NHTSA) to award certain grants pursuant to
rulemaking.
(c) The FAST Act includes grant programs for states that meet
requirements associated with impaired driving interventions,
including 24/7 Sobriety programs. These programs typically approach
impaired driving deterrence by focusing on the most high-risk
offenders, requiring abstinence from alcohol or illegal drugs,
testing compliance multiple times per day, and swiftly delivering
defined consequences for noncompliance.
(d) The FAST Act permits the NHTSA to award 24/7 Sobriety program
grants to states that meet two separate requirements:
(1) That a state enact and enforce a law that requires all
individuals convicted of driving under the influence of alcohol or of
driving while intoxicated to receive at least a 30-day restriction
on driving privileges. California currently meets this requirement.
(2) That a state provide a 24/7 Sobriety program with statewide
applicability. A "24/7 Sobriety program" is a state law or program
that authorizes a state court or an agency with jurisdiction to
require an individual who has committed a driving-under-the-influence
offense to abstain from alcohol or controlled substances for a
period of time and be subject to testing for alcohol or controlled
substances at least twice per day at a testing location, or by a
continuous transdermal monitoring device, or by an alternative method
approved by the NHTSA. California does not yet meet this
requirement.
(e) Additional federal grant moneys are available to states under
the NHTSA's highway safety programs and national priority safety
programs pursuant to Sections 402 and 405 of Title 23 of the United
States Code.
(f) It is the intent of the Legislature in enacting this act to
authorize a statewide 24/7 Sobriety program so that California is
eligible for the new 24/7 FAST Act grant funding and additional
funding available through the NHTSA.
SECTION 1. SEC. 2. Section 164.2 is
added to the Streets and Highways Code, to read:
164.2. Federal funds derived from apportionments made to the
state under the Fixing America's Surface Transportation Act ("FAST
Act," Public Law 114-094) 114-94) shall
be identified and included in the fund estimates prepared pursuant
to Sections 14524 and 14525 of the Government Code for purposes of
the interregional transportation improvement program prepared by the
department pursuant to Section 14526 of the Government Code, the
regional transportation improvement programs prepared by the regional
transportation agencies pursuant to Section 14527 of the Government
Code, and the state transportation improvement program adopted by the
commission pursuant to Section 14529 of the Government Code.
SEC. 3. Section 23582.5 is added to the
Vehicle Code , to read:
23582.5. (a) The court may order a person convicted of a
violation of Section 23152 or 23153 to enroll and participate in, and
successfully complete, a qualified 24/7 Sobriety program, as
described in subdivision (d), as a condition of probation, parole,
sentence, or work permit if the program is available and deemed
appropriate, and the person committed the current violation within 10
years of one or more separate violations of Section 23152 or 23153
that resulted in a conviction.
(b) The court may require a person who has been arrested for a
violation of Section 23152 or 23153 to enroll and participate in, and
successfully complete, a qualified 24/7 Sobriety program, as
described in subdivision (d), as a condition of release on bond, if
the program is available and deemed appropriate, and the person
committed the current violation within 10 years of one or more
separate violations of Section 23152 or 23153 that resulted in a
conviction.
(c) A person whose driving privilege has been suspended or revoked
pursuant to Section 13352 or 13353 and who subsequently applies to
the department for a restricted driving privilege shall be permitted
to enroll and participate in, and successfully complete, a 24/7
Sobriety program as a condition of obtaining the restricted driving
privilege if the program is available and deemed appropriate, and the
person was charged with the current violation within 10 years of one
or more separate violations of Section 23152 or 23153 that resulted
in a conviction. The restricted driving privilege granted under this
subdivision shall be for a minimum of one year and may be conditioned
on participation in the 24/7 Sobriety program as an alternative to,
or in conjunction with, participation in an ignition interlock device
program.
(d) For purposes of this section, a "24/7 Sobriety program"
requires a participant to abstain from alcohol or controlled
substance use for a designated period of time and be subject to at
least twice-per-day breath testing for alcohol or periodic testing
for controlled substances at a testing location. In the event of a
hardship, testing for alcohol may be accomplished by a continuous
transdermal monitoring device or by an alternative method approved by
the National Highway Traffic Safety Administration. Methodologies
that provide immediate, in-person positive reinforcement for
compliant behavior and the most immediate sanctions for noncompliant
events are preferred testing methodologies under this program.
However, a participant's ability to maintain employment, schooling,
or family life, usually due to lack of proximity to a testing
location, may be considered a hardship for the purposes of this
subdivision. The 24/7 Sobriety program methodology shall be
evidence-based. "Evidence-based" means the program methodology meets
at least two of the following criteria:
(1) Evaluation research shows that the program produces the
expected positive results.
(2) The results can be attributed to the program itself, rather
than to other extraneous factors or events.
(3) The evaluation is peer reviewed by experts in the field.
(4) The program is endorsed by a federal agency or respected
research organization and included in its list of effective programs.
(e) A person ordered into a 24/7 Sobriety program may also be
required to participate in any other driving-under-the-influence
program required under California law, including, but not limited to,
programs provided in Section 11836 of the Health and Safety Code.
(f) Testing locations and methods that provide the best ability to
sanction a violation as close in time as reasonably feasible to the
occurrence of the violation should be given preference.
(g) In order to enable all required defendants 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.
(h) The court shall not impose a program of more than 180 days in
length unless the defendant tests positive for alcohol or an
unauthorized controlled substance or fails to appear for a test.
(i) The Office of Traffic Safety shall include a description of
the provisions authorizing the 24/7 Sobriety program pursuant to this
section in its highway safety plan required to be submitted to the
NHTSA under subsection (k) of Section 402 of Title 23 of the United
States Code, including any application requirements necessary to
qualify for grants under Section 405 of Title 23 of the United States
Code.
(j) The department shall establish statewide uniform collection
and reporting of all of the following data:
(1) Participant demographic information.
(2) Participant case history information.
(3) Testing information, including testing duration, test results,
and testing attendance.
(4) Fees and fee payments.
