AB 467

Under current law, a court is required to order that a person's motor vehicle

operating privilege be restricted to operating vehicles that are equipped with an

ignition interlock device if a person commits a second or subsequent offense related

to operating a vehicle while intoxicated or a first offense while his or her alcohol

concentration is 0.15 or greater, refuses to take a test for intoxication, or injures or

kills a person while operating a vehicle while intoxicated. Under current law, the

operating privilege restriction begins on the date the Department of Transportation

issues an operator's license and stays in place for not less than one year nor more

than the maximum operating privilege revocation period permitted for the refusal

or violation. A person who violates the operating privilege restriction by failing to

install, removing, disconnecting, or otherwise tampering with the ignition interlock

device may be fined not less than $150 nor more than $600, imprisoned for not more

than six months, or both, for the first offense, and may be fined not less than $300

nor more than $1,000, or imprisoned for not more than six months, or both, for a

second or subsequent offense.

Currently, the court may order that the ignition interlock device be installed

immediately upon issuing the order that the person's operating privilege be

restricted to operating a vehicle with an ignition interlock device installed.

Under this bill, when a court orders that the person's operating privilege be

restricted to operating a vehicle with an ignition interlock device, the court must

order that the device be installed within 3 working days of the order restricting the

person's operating privilege. Also under this bill, the operating privilege restriction

takes effect immediately upon the issuing of the order restricting the person's

operating privilege. The operating privilege restriction remains in place for not less

than one year after DOT issues an operator's license nor more than the maximum

operating privilege revocation period after DOT issues an operator's license. A

violation of the operating privilege restriction is subject to the same penalty provided

for failing to install, removing, disconnecting, or otherwise tampering with the

ignition interlock device.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.