REPORT OF THE CHIEF LEGISLATIVE ANALYST DATE: May 23, 2008 TO: FROM: SUBJECT: Honorable Members of the Rules and Government Committee Gerry F. Miller Ci,~ fj Chief Legislativ Analyst Council File No.: Assignment No.: Resolution (Zine- Greuel) to SUPPORT AB 2784 (Feuer) 08-0002-S72 08-05-0901 CLA RECOMMENDATION: Adopt Resolution (Zine- Greuel) to include in the City's 2007-2008 State Legislative Program SUPPORT of AB 2784 (Feuer), which would require the installation of an alcohol ignition interlock device on any vehicle owned or operated by a person convicted of driving under the influence. SUMMARY Resolution (Zine- Greuel), introduced May 16, 2008, reports that in 2006, there were 1,276 deaths as a result of alcohol-impaired driving in the State of California. The Resolution notes that Mothers Against Drunk Driving (MADD) promotes a campaign to eliminate drunk driving by requiring persons convicted of driving under the influence (DUI) to have ignition interlock devices (lids) installed in their vehicles. The Resolution further provides that several other states have enacted such legislation, and studies have shown that requiring lids has resulted in a 65% reduction of repeat DUI offenses. AB 2784 would require the installation ofiids on any vehicle owned or operated by a person convicted of a DUI offense. The Resolution therefore requests that the City support AB 2784. BACKGROUND In 2006, there were 1,147 DUI arrests made statewide in California, which averages out to be 545 DUI arrests everyday. Of these arrests, 42,849 were repeat offenders. Tragically, in 2006, there were I,276 deaths as a result of alcohol-impaired driving in California. To combat this problem, several states have enacted legislation that requires persons convicted of DUI to have lids installed in their vehicles. An lid is a mechanism similar to a breathalyzer which is installed in a vehicle's dashboard. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is over a programmed blood alcohol concentration, (commonly.02% or.04%) the vehicle will not start. Studies have shown that lids are effective when installed and reduce DUI recidivism and alcohol related collisions by an average of 65%. Under current law, courts have the discretion, but are not mandated, to require the installation of an lid for DUI offenders. AB 2784 would require the installation of lids on any vehicle owned or operated by a person convicted of a DUI offense. These DUI offenders would be eligible for restricted driver's licenses only after they have completed the required period of mandatory suspension and have installed the required lid. The amount of time the lid would be required 1 MAY 2 3 2006 RUlES & GOVERNMENT
would be based on the number of convictions prescribed, and the type of conviction (DUI with no injury vs. DUI where injury occurred). AB 2784 would move administration of the lid installation and monitoring from state courts to the Department of Motor Vehicles (DMV). The DMV would be responsible for notifying the convicted person of the lid installation requirement, placing a restriction on the individual's driver's license record, and monitoring the installation and maintenance of the lid. Proponents of AB 2784 maintain that lid is a proven technology that helps curb DUI collisions and keeps California roadways safe. AB 2784 has a provision mandating state reimbursement to localities for costs associated with implementation of the program. DEPARTMENTS NOTIFIED Los Angeles Police Department. BILL STATUS 2/22/08 Introduced. 4/09/08 Passed (6-1) in Com. on PUB. S. Referred to Com. on APPR. Annie Danino Analyst Attachments: 1. Resolution (Zine- Greuel) 2. AB 2784 2
RESOLUTION RULE6 & GOVERNMENT WHEREAS, there were 46 deaths and 2,751 injuries as a result of alcohol-impaired driving in the City of Los Angeles in 2006; and WHEREAS, there were 1,276 deaths as a result of alcohol-impaired driving in the State of California in 2006; and WHEREAS, Mothers Against Drunk Driving (MADD) promotes its Campaign to Eliminate Drunk Driving, which calls for the mandatory use of ignition interlock devices (lids) for all persons convicted of driving under the influence (DUI); and WHEREAS, AB 2784, introduced by California State Assemblymember Mike Feuer, would require the installation of an lid on any vehicle owned or operation by a person convicted of DUI; and WHEREAS, an lid is a mechanism that is installed in a vehicle that will only allow the vehicle to start if the driver breathes into the device and if the analyzed result is under a programmed blood alcohol concentration; and WHEREAS, evidence for lid effectiveness is very consistent across jurisdictions with multiple studies showing an average of 65% reduction in repeat DUI offenses; and ' WHEREAS, in the State ofnew Mexico, where similar legislation has been enacted, overall DUI recidivism has decreased 30% and alcohol-involved traffic collisions have decreased 30%; and WHEREAS, there are currently over 300,000 registered drivers in California who have been convicted of three or more DUI offenses; and WHEREAS, any person who operates a motor vehicle while under the influence of alcohol or drugs creates a potential, often probable, risk of grave harm to persons and propertyincluding the driver- that should be deemed intolerable as a matter of public policy; NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2007-2008 State Legislative Program SUPPORT for AB 2784 (Feuer), which would require the installation of an alcohol ignition interlock device on any vehicle owned or operated by a person convicted of driving under the influence.,..- ~---~--~~ "".. PRESENTED BY: :.., o-1-/-:-=-::#'-""'. "-J-+-,fP<.!...J SECONDEDBY: ~
CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION ASSEMBLY BILL No. 2784 Introduced by Assembly Members Feuer, Carter, and Galgiani (Principal coauthors: Assembly Members Spitzer and Wolk) (Coauthors: Assembly Members Benoit, Blakeslee, DeSaulnier, and Portantino) (Coauthor: Senator Cox) February 22, 2008 An act to add Sections 23575.1 and 23575.2 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2784, as introduced, Feuer. Vehicles: DUI: ignition interlock. (I) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period oftime if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage or drug, or with 0.08% or more, by weight, of alcohol in his or her blood or is addicted to the use of any drug. Existing Jaw authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle. Existing Jaw requires the Department of Motor Vehicles to immediately administratively suspend the privilege of a person to operate a motor vehicle if the person was driving a motor vehicle when he or she had 0.08% or more, by weight, of alcohol in his or her blood. Existing law specifies the period of that suspension depending on
AB 2784-2- specified circumstances, including prior convictions of related offenses within a specified time period. Existing law authorizes a person whose privilege was suspended in that manner to receive a restricted driver's license if specified requirements are met. This bill would additionally require that, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates. The amount of time the interlock device would be required to be installed would be based upon the number of convictions as prescribed. These provisions would become operative on July I, 2009. The bill would also set up a statutory scheme under which the Department of Motor Vehicles would, with regard to the installation of an ignition interlock device described above, notify the person of the interlock device installation requirements established under the bill, accept notification from the installer of the interlock device of attempts to remove, bypass, or tamper with the device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. These requirements would be in addition to existing law. (2) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program, by expanding the scope of that crime. (3) 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: I SECTION I. Section 23575.1 is added to the Vehicle Code, 2 to read:
-3- AB 2784 I 23575.1. (a) The Department ofmotorvehicles, upon receipt 2 of the court's abstract of conviction for a violation listed in Section 3 23575.2, shall inform the convicted person of the requirements of 4 this section and the tenn for which the person is required to have 5 a certified ignition interlock device installed. The records of the 6 department shall reflect the mandatory use of the device for the 7 term required and the time when the device is required to be 8 installed by this code. 9 (b) The department shall advise the person that installation of I 0 an ignition interlock device on a vehicle does not allow the person II to drive without a valid driver's license. 12 (c) A person who is notified by the department pursuant to 13 subdivision (a) shall, within 30 days of notification, complete the 14 following: 15 (I) Arrange for each vehicle owned or operated by the person 16 to be fitted with an ignition interlock device by a certified ignition 17 interlock device provider under Section 13386. 18 (2) Notify the department and provide to the department proof 19 of installation by submitting the "Verification oflnstallation" fonn 20 described in paragraph (2) of subdivision (g) of Section 13386. 21 (d) The department shall place a restriction on the driver's 22 license record of the convicted person that states the driver is 23 restricted to driving only vehicles equipped with a certified ignition 24 interlock device. 25 (e) (1) A person who is notified by the department pursuant to 26 subdivision (a) shall arrange for each vehicle with an ignition 27 interlock device to be serviced by the installer at least once every 28 60 days in order for the installer to recalibrate and monitor the 29 operation of the device. 30 (2) The installer shall notify the department if the device is 31 removed or indicates that the person has attempted to remove, 32 bypass, or tamper with the device, or if the person fails three or 33 more times to comply with any requirement for the maintenance 34 or calibration of the ignition interlock device. 35 (f) The department shall monitor the installation and 36 maintenance of the ignition interlock device installed pursuant to 37 subdivision (a). 38 (g) This section does not permit a person to drive without a 39 valid driver's license.
AB 2784 4- I (h) Before a driver's license may be issued, reissued, or returned 2 to a person after a suspension or revocation of that person's driving 3 privilege that requires the installation of an interlock device 4 pursuant to this section, the person shall, in addition to any other 5 fees required by this code, pay to the department a fee sufficient 6 to cover the costs of administration of this section as determined 7 by the department. 8 (i) Subdivisions U), (k), (m), (n), and (o) of Section 23575 apply 9 to this section. 10 (j) The requirements of this section and Section 23575.2 are in II addition to any other requirements of law. 12 SEC. 2. Section 23575.2 is added to the Vehicle Code, to read: 13 23575.2. (a) In addition to all other requirements of this code, 14 a person is required to install an ignition interlock device, pursuant 15 to Section 23575.1, for the term specified in this section as a 16 condition of being issued a restricted driver's license, being 17 reissued a driver's license, or having the privilege to operate a 18 motor vehicle reinstated subsequent to a conviction for a violation 19 of a section listed herein or a suspension of a person's driver's 20 license pursuant to a section herein. 21 (I) A person convicted of Section 23152 or whose driving 22 privileges are suspended pursuant to Section 13353.2 shall be 23 required to install an ignition interlock device, pursuant to Section 24 23757.1, as follows: 25 (A) Upon a first offense, the person shall install an ignition 26 interlock device in all vehicles owned or operated by that person 27 for a mandatory term of five months that begins once that person 28 has provided proof of installation. 29 (B) Upon a second offense, the person shall install an ignition 30 interlock device in all vehicles owned or operated by that person 31 for a mandatory term of 12 months that begins once that person 32 has provided proof of installation. 33 (C) Upon a third offense, the person shall install an ignition 34 interlock device in all vehicles owned or operated by that person 35 for a mandatory term of 24 months that begins once that person 36 has provided proof of installation. 37 (D) Upon a fourth offense or any subsequent violation, the 38 person shall install an ignition interlock device in all vehicles 39 owned or operated by that person for a mandatory term of 36
-5- AB 2784 1 months that begins once that person has provided proof of 2 installation. 3 (2) A person convicted of Section 23153 shall install an ignition 4 interlock device, pursuant to Section 23575.1, as follows: 5 (A) Upon a first offense, the person shall install an ignition 6 interlock device in all vehicles owned or operated by that person 7 for a mandatory term of 12 months that begins once that person 8 has provided proof of installation. 9 (B) Upon a second offense, the person shall install an ignition 10 interlock device in all vehicles owned or operated by that person 11 for a mandatory term of 24 months that begins once that person 12 has provided proof of installation. 13 (C) Upon a third offense, the person shall install an ignition 14 interlock device in all vehicles owned or operated by that person 15 for a mandatory term of 36 months that begins once that person 16 has provided proof of installation. 17 (D) Upon a fourth offense or any subsequent violation, the 18 person shall install an ignition interlock device in all vehicles 19 owned or operated by that person for a mandatory term of 48 20 months that begins once that person has provided proof of 21 installation. 22 (b) If a person fails to comply with all of the requirements 23 regarding ignition interlock devices, the mandatory tenn for which 24 the ignition interlock device is required to be installed will be reset. 25 (c) This section shall become operative on July 1, 2009. 26 SEC. 3. No reimbursement is required by this act pursuant to 27 Section 6 of Article XIII B of the California Constitution because 28 the only costs that may be incurred by a local agency or school 29 district will be incurred because this act creates a new crime or 30 infraction, eliminates a crime or infraction, or changes the penalty 31 for a crime or infraction, within the meaning of Section 17556 of 32 the Govenunent Code, or changes the definition of a crime within 33 the meaning of Section 6 of Article XIII B of the California 34 Constitution. 0