Bill Text: CA SB154 | 2009-2010 | Regular Session | Amended
Bill Title: Vessels: operation of vessel.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2009-08-27 - Set, second hearing. Held in committee and under submission. [SB154 Detail]
Download: California-2009-SB154-Amended.html
BILL NUMBER: SB 154 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 8, 2009
AMENDED IN SENATE APRIL 28, 2009
INTRODUCED BY Senator Benoit
FEBRUARY 12, 2009
An act to amend Section 668 of the Harbors and Navigation Code, to
amend Section 11836 of the Health and Safety Code, and to amend
Section 13352 of the Vehicle Code, relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
SB 154, as amended, Benoit. Vessels: operation of vessel.
Existing law governs the operation and equipment of vessels
subject to the jurisdiction of this state. Existing law prohibits a
person from operating a vessel or manipulating water skis or an
aquaplane or similar device or serving as a crew member of a charter
boat under the influence of an alcoholic beverage or drug. Existing
law provides that if probation is granted for this violation, the
court, as a condition of probation, may require the person to
participate in, and successfully complete, an alcohol or drug
education, training, or treatment program.
This bill would, instead, require instead
would require the person , as a condition of probation,
the person to participate in, and successfully
complete, a licensed driving-under-the-influence program in
conformance with existing provisions applicable to
driving-under-the-influence motor vehicle offenses.
Existing law provides that a separate offense that resulted in a
conviction of a violation of vehicular manslaughter while operating a
vessel under the influence of an alcoholic beverage or drug is a
separate violation for purposes of driving a vehicle while under the
influence of an alcoholic beverage or drug.
This bill would further provide that this separate offense would
result in a suspension or revocation of the person's driving
privilege if the person has a prior boating-under-the-influence or
driving-under-the-influence offense within a 7-year period. The
bill would also authorize a court to strike a separate specified
conviction of an offense in unusual cases where the
interests of justice demand an exception.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 668 of the Harbors and Navigation Code is
amended to read:
668. (a) A person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
(b) (1) A person who violates Section 655.2, or any regulation
adopted pursuant thereto, or, except as provided in subdivision (a),
any regulation adopted pursuant to Section 655.3, is guilty of a
misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($100) or imprisonment in the county jail for not
more than five days, or by both that fine and imprisonment, for each
violation.
(2) A person who violates subdivision (a) or (b) of Section 658 is
guilty of a misdemeanor and shall be punished by a fine of not more
than two hundred dollars ($200) for each violation.
(3) A person who violates subdivision (d) of Section 652, Section
652.5, subdivision (a) of Section 655, Section 655.05, 656, or 656.1,
subdivision (d) or (e) of Section 658, Section 663.6 or 665, or any
rules and regulations adopted pursuant to subdivision (b) or (c) of
Section 660, is guilty of a misdemeanor and shall be punished by a
fine of not more than one thousand dollars ($1,000) or imprisonment
in the county jail for not more than six months, or by both that fine
and imprisonment, for each violation.
(c) (1) A person convicted of a violation of Section 656.2 or
656.3 shall be punished by a fine of not less than one thousand
dollars ($1,000) or more than ten thousand dollars ($10,000), or by
imprisonment in the state prison or in the county jail for not more
than one year, or by both that fine and imprisonment.
(2) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interest of justice for reasons stated in the
record, may reduce the amount of that minimum fine to less than the
amount otherwise required by this subdivision.
(d) A person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
(e) (1) A person convicted of a first
violation of subdivision (b), (c), (d), or (e) of Section 655, or of
a violation of Section 655.4, shall be punished by a fine of not more
than one thousand dollars ($1,000) or imprisonment in the county
jail for not more than six months, or by both that fine and
imprisonment. If probation is granted, the court shall impose, as a
condition of probation, a requirement that the person participate in,
and successfully complete, 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 the
Vehicle Code, in addition to imposing any penalties required by this
code.
(2) In order to ensure that a person punished pursuant to
paragraph (1) may participate in a licensed
driving-under-the-influence program, a person referred to a program
licensed pursuant to Section 11836 of the Health and Safety Code
shall only be required to pay that program's costs commensurate with
his or her ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
(f) A person convicted of a second or subsequent violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 within seven
years of the first conviction of any of those subdivisions, or any
person convicted of a violation of subdivision (b), (c), (d), or (e)
of Section 655 within seven years of a separate conviction of Section
191.5 or subdivision (a) or (b) of Section 192.5 of the Penal Code,
or a separate conviction of Section 23152 or 23153 of the Vehicle
Code, when the separate conviction resulted from the operation of a
motor vehicle or a motorized vessel, shall be punished by a fine of
not more than one thousand dollars ($1,000) or imprisonment in the
county jail for not more than one year, or by both that fine and
imprisonment. If probation is granted, the court shall impose, as a
condition of probation, a requirement that the person participate,
and successfully complete, either of the following in conformance
with Section 23542, 23548, or 23552 of the Vehicle Code, if available
in the county of the person's residence or employment:
(1) For at least 18 months subsequent to the underlying conviction
and in a manner satisfactory to the court, a
driving-under-the-influence program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code, as designated by the court. 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.
(2) For at least 30 months subsequent to the underlying conviction
and in a manner satisfactory to the court, a
driving-under-the-influence program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code. A person ordered to treatment pursuant to
this paragraph shall apply to the court or to a board of review, as
designated by the court, at the conclusion of the program to obtain
the court's order of satisfaction. Only upon the granting of that
order of satisfaction by the court may the program issue its
certificate of successful completion. A failure to obtain an order of
satisfaction at the conclusion of the program is a violation of
probation. 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. A condition of probation required pursuant to
this subdivision is not a basis for reducing any other probation
requirement.
(g) A person convicted of a first violation of subdivision (f) of
Section 655 shall be punished by imprisonment in the state prison, or
in the county jail for not less than 90 days or more than one year,
and by a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000). If probation is granted,
the court shall impose, as a condition of probation, a requirement
that the person participate in, and successfully complete, a licensed
driving-under-the-influence program in conformance with Section
23566 of the Vehicle Code.
(h) (1) If a person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than
five days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000). In addition, the court shall impose, as a condition of
probation, a requirement that the person participate in, and
successfully complete, a driving-under-the-influence program in
conformance with Section 23568 of the Vehicle Code.
(2) If a person is convicted of a violation of subdivision (f) of
Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, Section 191.5 or
subdivision (a) or (b) of Section 192.5 of the Penal Code, or Section
23152 or 23153 of the Vehicle Code, when the separate conviction
resulted from the operation of a motor vehicle or motorized vessel,
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for not less
than 90 days or more than one year, and pay a fine of not less than
two hundred fifty dollars ($250) or more than five thousand dollars
($5,000). In addition, the court shall impose, as a condition of
probation, a requirement that the person participate in, and
successfully complete, a licensed driving-under-the-influence program
in conformance with Section 23568 of the Vehicle Code.
(i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, Section 191.5 or subdivision (a) or (b) of
Section 192.5 of the Penal Code, or Section 23152 or 23153 of the
Vehicle Code, when the separate conviction resulted from the
operation of a motor vehicle or motorized vessel, from the minimum
time in confinement provided in this section and a fine of at least
two hundred fifty dollars ($250), except as provided in subdivision
(h).
(j) The Except in unusual cases where the
interests of justice demand an exception, the court shall not
strike a separate conviction of an offense under subdivision (b),
(c), (d), (e), or (f) of Section 655, Section 191.5 or subdivision
(a) or (b) of Section 192.5 of the Penal Code, or Section 23152 or
23153 of the Vehicle Code, when the separate conviction resulted from
the operation of a motor vehicle or motorized vessel, for purposes
of sentencing in order to avoid imposing, as part of the sentence or
as a term of probation, the minimum time in confinement and the
minimum fine, as provided in this section. When a separate conviction
is stricken by the court for purposes of sentencing, the court shall
specify the reason or reasons for the striking order. On appeal by
the people from an order striking a separate conviction, it shall be
conclusively presumed that the order was made only for the reasons
specified in the order, and the order shall be reversed if there is
no substantial basis in the record for any of those reasons.
(k) A person who flees the scene of the crime after committing a
violation of Section 191.5 or paragraph (1) of subdivision (c) of
Section 192 of the Penal Code shall be subject to subdivision (c) of
Section 20001 of the Vehicle Code.
(l) A person who violates Section 654.3 is guilty of an infraction
punishable by a fine of not more than five hundred dollars ($500)
for each separate violation.
SEC. 2. Section 11836 of the Health and Safety Code is amended to
read:
11836. (a) 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:
(1) 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,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), (e), or (f) 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.
(3) 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.
(4) 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.
(b) 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.
(c) 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.
(d) 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).
(1) 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.
(2) A board of supervisors may not place restrictions on a program
that would violate a statute or regulation.
(3) 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.
(4) 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.
SEC. 3. 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, or upon the
receipt of an abstract of the record of a court 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 convicted of, or has been found to have committed a
violation of, subdivision (b), (c), (d), (e), or (f) of Section 655
of the Harbors and Navigation Code, when the person has had a prior
separate conviction of any of those subdivisions, or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code, or Section
23103.5, 23152, or 23153 of this code within seven years of this
violation. 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 Section
13352.4, upon a conviction or finding of a violation of
Section 23152 punishable under Section 23536, or upon a conviction or
finding of a violation of Section 655 of the Harbors and Navigation
Code, when the person has had a specified prior conviction, 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, participate, 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, participation, 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.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, or upon a conviction or finding of a
violation of Section 655 of the Harbors and Navigation Code, when the
person has had two or more specified prior convictions, 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, participate, 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 any program activities completed prior to the date of the
current violation.
(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, participation, 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
suspension 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) 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.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(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) The person pays all administrative fees 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.
(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 shall 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. 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 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, 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, 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, participation, 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, 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 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.
(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.
(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 shall not
be reinstated until the person gives proof of financial
responsibility and 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)
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, participation, 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 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 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) 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 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 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 gives proof of
financial responsibility and 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, 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, participation, 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 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 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 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 Section 23109.1
or subdivision (a) of Section 23109 that is punishable under
subdivision (e) of that section, 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).
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII 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 B of the California
Constitution.
