20250AB__154699INT INTRODUCED 2026-01-05 REVISED 2026-03-04 2025 AB INT Introduced by Assembly Member Schultz (Principal coauthors: Assembly Members Mark González and Wilson ) ( Coauthors: Assembly Members Alanis and Petrie-Norris ) LEAD_AUTHOR ASSEMBLY Schultz PRINCIPAL_COAUTHOR ASSEMBLY Mark González PRINCIPAL_COAUTHOR ASSEMBLY Wilson <caml:Contribution>COAUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>Wilson</caml:Name></caml:Legislator>"?> COAUTHOR ASSEMBLY Alanis COAUTHOR ASSEMBLY Petrie-Norris

An act to amend Sections 11836, 11837, 11837.1, and 11837.4 of the Health and Safety Code, to amend

Section 1861.025 of the Insurance Code, to amend Sections 191.5 and 1203.44 of the Penal Code, and to amend Sections 13350, 13352, 14601.2, 14601.3, 23103.5, 23546, 23550, 23550.5, 23572, 23575.3, 23577, 23580, 23597, 23598, 23655, and of, and to add Sections 23550.1 and 23552.1 to, the Vehicle Code, relating to vehicles. vehicles Vehicles: driving under the influence.

Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person’s blood within years of separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than days nor more than one year and by a fine, as specified.

This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for months or or years and a fine, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program.

Under existing law, if a person is convicted of DUI and the offense occurred within years of or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony, and the person shall have their privilege to drive revoked for a period of years, as specified.

This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within years of separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for months or or years and a fine, as specified, if the offense occurred within years of or more separate violations for driving under the influence that resulted in specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program.

The bill would revoke the person’s privilege to drive for a period of years if the offense occurred within years of separate violations for driving under the influence that resulted in specified convictions, and for years if the offense occurred within years of or more separate violations for driving under the influence that resulted in specified convictions. Existing law, until January 1, 2033, requires a person, upon a criminal conviction for driving under the influence with a prior conviction for DUI, to install a functioning, certified ignition interlock device (IID) for a specified period of time.

Under existing law, if a person is convicted of DUI within years of or more specified prior DUI violations, the person is required to install the IID for a mandatory term of months. This bill would require the person to install the IID for a mandatory term of months if the conviction occurred within years of specified prior DUI violations. If the conviction occurred within years of or more specified prior DUI violations, the bill would require the person to install the IID for a mandatory term of months. This bill would make conforming changes.

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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section 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 or of the Vehicle Code, and admitted to a program pursuant to

Section 13352, 13352.1, 23538, 23542, 23548, 23552, 23552.1, 23556, 23562, or of the Vehicle Code.

(2) A person who is convicted of a violation of subdivision (b), (c), (d), or (

e) of

Section of the Harbors and Navigation Code, or of

Section 655.4 of that code, and admitted to the program pursuant to

Section of that code.

(3) A person who has pled guilty or nolo contendere to a charge of a violation of

Section 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 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. (e)

(1) Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code and

Section 11835, the department, without taking any further regulatory action, shall implement, interpret, or make specific this

section for the purpose of alcohol or drug recovery services provided in virtual settings by means of all-county letters, plan letters, information notices, or similar instructions, until regulations are promulgated or amended in accordance with paragraph (2).

(2) On or before January 1, 2026, the department shall promulgate regulations, in accordance with

Section 11835, governing the provision of alcohol or drug recovery services pursuant to this

section in virtual settings.

SEC. 2.

Section of the Health and Safety Code is amended to read: 11837. (

a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (

a) of

Section of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to

Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least months in a driving-under-the-influence program that is licensed pursuant to this chapter. (

b) In determining whether to refer a person, who is ordered to participate in a program pursuant to

Section of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to

Section of the Vehicle Code, or, pursuant to

Section 23542, 23548, 23552, 23552.1, 23556, 23562, or of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under

Section of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter.

When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem.

If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from the defendant’s physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. (c)

(1) The court shall, as a condition of probation pursuant to

Section or of the Vehicle Code, refer a first offender whose concentration of alcohol in their blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.

(2) Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. (d)

(1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under

Section or of the Vehicle Code.

(2) Any program licensed pursuant to this

chapter may provide treatment services to participants receiving at least six months of licensed program services under

Section or of the Vehicle Code. (

e) The court may, subject to

Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in

Section or of the Vehicle Code or a 30-month program described in

Section 23548, 23552, 23552.1, or of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person. (

f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department.

SEC.

Section 11837.1 of the Health and Safety Code is amended to read: 11837.1. (

a) In utilizing any program described in

Section 11837, the court may require periodic reports concerning the performance of each person referred to and participating in a program. The program shall provide the court, the Department of Motor Vehicles, and the person participating in a program with an immediate report of any failure of the person to comply with the program’s rules and policies. (

b) If, at any time after entry into or while participating in a program, a participant who is referred to an 18-month program described in

Section of the Vehicle Code or a 30-month program described in

Section 23548, 23552, 23552.1, or of the Vehicle Code, fails to comply with the rules and policies of the program, and that fact is reported, the Department of Motor Vehicles shall suspend the privilege of that person to operate a motor vehicle for the period prescribed by law in accordance with

Section 13352.5 of the Vehicle Code, except as otherwise provided in this section. The Department of Motor Vehicles shall notify the person of its action. (

c) If the department withdraws the license of a program, the department shall immediately notify the Department of Motor Vehicles of those persons who do not commence participation in a licensed program within days from the date of the withdrawal of the license of the program in which the persons were previously participating. The Department of Motor Vehicles shall suspend or revoke, for the period prescribed by law, the privilege to operate a motor vehicle of each of those persons referred to an 18-month program pursuant to

Section or of the Vehicle Code or to a 30-month program pursuant to

Section 23548, 23552, 23552.1, or of the Vehicle Code.

SEC.

Section 11837.4 of the Health and Safety Code is amended to read: 11837.4. (

a) No program, regardless of how it is funded, may 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 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, subdivision (

b) of

Section 23552.1, and subdivision (

b) of

Section 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 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 program activity in which the person is participating shall be interrupted in order to conduct the individual interviews. (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 not license any 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 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 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 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.

However, any group discussion or counseling activity, other than classes or lectures, shall be regularly scheduled to consist of not more than 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 persons in attendance at any one meeting. For the 30-month programs specified in subdivision (

b) of

Section 23548, subdivision (

b) of

Section 23552, subdivision (

b) of

Section 23552.1, and subdivision (

b) of

Section 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 hours and not more than hours, as determined by the court, with one-half of that time to be served during the initial months of program participation and one-half of that time to be served in the final 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 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 program may 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.

Section 1861.025 of the Insurance Code is amended to read: 1861.025. A person is qualified to purchase a Good Driver Discount policy if the person meets all of the following criteria: (

a) The person has been licensed to drive a motor vehicle for the previous three years. (

b) During the previous three years, the person has not done any of the following:

(1) Had more than one violation point count determined as provided by subdivision (a), (b), (c), (d), (f), or (

j) of, or paragraph (1) of subdivision (

i) of,

Section of the Vehicle Code, but subject to the following modifications: (

A) For the purposes of this section, the driver of a motor vehicle involved in an accident for which the driver was principally at fault that resulted only in damage to property shall receive one violation point count, in addition to any other violation points that may be imposed for this accident. (

B) If, under

Section or 488.5, an insurer is prohibited from increasing the premium on a policy on account of a violation, that violation shall not be included in determining the point count of the person. (

C) If a violation is required to be reported under

Section of the Vehicle Code, or under

Section of the Welfare and Institutions Code, or any other provision requiring the reporting of a violation by a minor, the violation shall be included for the purposes of this

section in determining the point count in the same manner as is applicable to adult violations.

(2) Had more than one dismissal pursuant to

Section 1803.5 of the Vehicle Code that was not made confidential pursuant to

Section 1808.7 of the Vehicle Code, in the 36-month period for violations that would have resulted in the imposition of more than one violation point count under paragraph (1) if the complaint had not been dismissed.

(3) Was the driver of a motor vehicle involved in an accident that resulted in bodily injury or in the death of any person and was principally at fault. The commissioner shall adopt regulations setting guidelines to be used by insurers for the determination of fault for the purposes of this paragraph and paragraph (1). (

c) During the period commencing on January 1, 1999, or the date years prior to the date of application for the issuance or renewal of the Good Driver Discount policy, whichever is later, and ending on the date of the application for the issuance or renewal of the Good Driver Discount policy, the person has not been convicted of a violation of

Section 23140, 23152, or of the Vehicle Code, a felony violation of

Section 23546, 23550, 23550.1, or 23566, or former

Section or, as those sections read on January 1, 1999, of the Vehicle Code, or a violation of

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code. (

d) Any person who claims that the person meets the criteria of subdivisions (a), (b), and (

c) based entirely or partially on a driver’s license and driving experience acquired anywhere other than in the United States or Canada is rebuttably presumed to be qualified to purchase a Good Driver Discount policy if the person has been licensed to drive in the United States or Canada for at least the previous months and meets the criteria of subdivisions (a), (b), and (

c) for that period.

SEC.

Section 191.5 of the Penal Code is amended to read: 191.5. (

a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of

Section 23140, 23152, or of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. (

b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of

Section 23140, 23152, or of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. (c)

(1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (

a) is punishable by imprisonment in the state prison for 4, 6, or years.

(2) Vehicular manslaughter while intoxicated in violation of subdivision (

b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (

h) of

Section for months or two or four years. (

d) A person convicted of violating subdivision (

a) who has one or more prior convictions of this

section or of paragraph (1) of subdivision (

c) of

Section 192, subdivision (

a) or (

b) of

Section 192.5 of this code, or of violating

Section punishable under Sections 23540, 23542, 23546, 23548, 23550, 23550.1, 23552, or 23552.1 of, or convicted of

Section of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of years to life.

Article 2.5 (commencing with

Section 2930) of

Chapter of Title of Part shall apply to reduce the term imposed pursuant to this subdivision. (

e) Notwithstanding

Section 1203.1 or 1203a, if a person is convicted of a violation of this

section and is granted probation, the period of probation shall be not less than three nor more than five years. (

f) This

section shall not be construed as prohibiting or precluding a charge of murder under

Section upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290. (

g) This

section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. (

h) For the penalties in subdivision (

d) to apply, the existence of any fact required under subdivision (

d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.

SEC.

Section 1203.44 of the Penal Code is amended to read: 1203.44. (

a) The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as “Hope California,” consistent with this

section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (

b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:

(1) The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to

Chapter 7.5 (commencing with

Section 11834.01) of Part of Division 10.5 of the Health and Safety Code. (2) (

A) The program facility is a clinical setting managed and staffed by the county’s health and human services agency (HHSA) with oversight provided by the county’s probation department. (

B) The program facility shall not be a jail, prison, or other correctional setting. (

C) The program facility shall be secured but shall not include a lockdown setting.

(3) The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.

(4) The program is limited to one facility site per county.

(5) The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.

(6) The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.

(7) The program facility ensures that participants have visitation rights, including through the use of a telephone.

(8) The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.

(9) HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.

(10) The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.

(11) The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.

(12) The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.

(13) The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.

(14) A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a “step-down” residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).

(15) A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant’s decision to choose the alternative treatment program is knowing, intelligent, and voluntary.

(16) The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.

(17) To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program.

If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health care coverage, funds allocated to the state from the Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)). (18) (

A) An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028. (

B) The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following: (

i) A

summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program. (ii) The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20). (iii) The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery. (iv) A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program. (

C) The outcomes assessment shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution. (

D) The independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as provided in

Section 13202.

(19) The county collects and monitors all of the following data for participants in the program: (

A) The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status. (

B) The participant’s criminal history. (

C) The participant’s risk level, as determined by the risk, needs, and biopsychosocial assessment. (

D) The treatment provided to the participant during the program, and if the participant completed that treatment. (

E) The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.

(20) The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with

Section of the Government Code, to the Legislature, excluding any personally identifiable information of participants: (

A) The risk, needs, and biopsychosocial assessment tool used for the program. (

B) The curriculum used by each program. (

C) The number of participants with a program length other than one year and the alternative program lengths used. (

D) Individual data on the number of participants participating in the program. (

E) Individual data for the items described in paragraph (19). (

F) A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants. (b)

(1) Eligible drug-motivated crimes shall include any felony crime other than the following: (

A) Sex crimes listed in subdivision (

c) of

Section 290. (

B) A “serious felony” as defined in subdivision (

c) of

Section 1192.7 or in

Section 1192.8. (

C) A “violent felony” as defined in subdivision (

c) of

Section 667.5. (D) “Domestic violence” as defined in the Domestic Violence Prevention Act (Division 10 (commencing with

Section 6200) of the Family Code). (

E) Driving under the influence in violation of

Section 191.5 of this code or

Section 23152, 23153, 23550, 23550.1, or 23550.5 of the Vehicle Code.

(2) Notwithstanding paragraph (1), a “nonviolent drug possession offense” specified in subdivision (

a) of

Section may not be diverted pursuant to this program. (c)

(1) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this

section and if all of the following conditions are met: (

A) The defendant’s crime was caused in whole or in part by the defendant’s SUD. (

B) The defendant’s crime meets the criteria described in subdivision (b). (

C) The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate, and on the report described in subdivision (d).

(2) The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to

Section 4019.

(3) During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department. (

d) To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider. (

e) If, at any time during the individual’s participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program. (

f) If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program. (

g) If, at any time during the individual’s participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to

Section 4019. (

h) If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers’ assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (

a) shall apply. (

i) If the participant successfully completes the court-ordered drug treatment pursuant to this program, the conviction shall be set aside, and the court shall dismiss the accusation or information against the participant. The court shall also have discretion to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant’s record, including those offenses listed in Sections 11350, 11364, 11377, and of the Health and Safety Code.

A participant’s successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court. (

j) The court shall ensure that the rights of any victim pursuant to

Section of

Article I of the California Constitution (Marsy’s Law) are honored before setting aside the conviction and dismissing the accusation or information. (

k) This

section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.

SEC. 8.

Section of the Vehicle Code is amended to read: 13350. (

a) The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:

(1) Failure of the driver of a vehicle involved in an accident resulting in injury or death to a person to stop or otherwise comply with

Section 20001.

(2) A felony in the commission of which a motor vehicle is used, except as provided in

Section 13351, 13352, or 13357.

(3) Reckless driving causing bodily injury. (

b) If a person is convicted of a violation of

Section punishable under

Section 23546, 23550, 23550.1, or 23550.5, or a violation of

Section punishable under

Section 23550.5 or 23566, including a violation of subdivision (

b) of

Section 191.5 of the Penal Code as provided in

Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging their understanding of the revocation required by paragraph (5), (6), (7), or (8) of subdivision (

a) of

Section 13352, and an acknowledgment of their designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed days. (

c) The department shall not reinstate the privilege revoked under subdivision (

a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in

Section 16430.

SEC. 9.

Section of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2025, 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 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 or 23153, 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 in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows: (1) (

A) Except as provided in this subparagraph, or as required under

Section 13352.1 or 13352.4, upon a conviction or finding of a violation of

Section 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 of the Health and Safety Code described in subdivision (

b) of

Section of this code. 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 occur 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. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to

Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) The underlying conviction was not only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (

v) The person provides proof of financial responsibility, as defined in

Section 16430. (vi) The person pays all reissue fees and any restriction fee required by the department. (vii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e). (2) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. 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 in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) The underlying conviction was not only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

I) Proof of enrollment in a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (II) Proof of enrollment in a program described in subdivision (

b) of

Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I). (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) The person pays all reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (3) (

A) Except as provided in this paragraph or in

Section 13352.5, upon a conviction or finding of a violation of

Section 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved the use of alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) The person pays all reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (4) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section 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 of the Health and Safety Code, as described in paragraph (4) of subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved the use of alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (5) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section 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 an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) or (

c) of

Section of this code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved the use of alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under

Section 23575.3, if applicable. (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (6) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section 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 of the Health and Safety Code as described in subdivision (

b) of

Section 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 of the Health and Safety Code, or a program specified in

Section 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 any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

I) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (II) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (7) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section or 23550.5, or of a violation of

Section 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (8) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23550.1, the privilege shall be revoked for a period of five 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 23550.1 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (8)</xhtml:p>"?> ( 9) (

A) Upon a conviction or finding of a violation of subdivision (

a) of

Section that is punishable under subdivision (

e) of that

section or

Section 23109.1, the privilege shall be suspended for a period of 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. (

B) Commencing January 1, 2029, upon a finding of a violation of subdivision (

c) of

Section for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (

i) of

Section 23109, the privilege shall be suspended for a period of 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)</xhtml:p>"?>

(10) Upon a conviction or finding of a violation of subdivision (

a) of

Section 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 purposes of paragraphs (2) to (10), 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 or 23153, 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 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 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)

(1) The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to (8), inclusive, of subdivision (

a) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.

(2) For the purposes of the restriction conditions specified in paragraphs (1) to (8), 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.

(3) The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this

section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this

section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction. (

f) Notwithstanding the suspension periods specified in paragraphs (1) to (8), inclusive, of subdivision (

a) or

Section 13352.1, if the person maintains a functioning, certified ignition interlock device for the mandatory term required under

Section 23575.3, inclusive of any term credit earned under

Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied. (

g) 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 of the Penal Code, that the person has completed a program specified in

Section of the Penal Code. (h)

(1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in

Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to this

section is not eligible for the restricted driver’s license authorized under paragraphs (1) to (8), inclusive, of subdivision (a).

(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (8), inclusive, of subdivision (a). (

i) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to this

section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. (

j) The reinstatement of the driving privilege pursuant to this

section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to

Section 23575.3. (

k) For purposes of this section, “bypass” means either of the following:

(1) Failure to take any random retest.

(2) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood. (

l) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running. (

m) The restriction conditions specified in paragraphs (1) to (8), inclusive, of subdivision (

a) shall apply only to a person who is convicted for a violation of

Section or that occurred on or after January 1, 2019. (

n) This

section shall become operative on January 1, 2019. (

o) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2033, deletes or extends that date.

SEC. 10.

Section of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2025, 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 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 or 23153, 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 in this subdivision also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 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 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 of the Health and Safety Code described in subdivision (

b) of

Section of this code. 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 occur 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 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. 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 occur 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 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 of the Health and Safety Code as described in subdivision (

b) of

Section 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 any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements: (

A) Completion of months of the suspension period, or completion of days of the suspension period if the underlying conviction did not include the use of drugs as defined in

Section 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section 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 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 of the Health and Safety Code, as described in paragraph (4) of subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

i) The initial months of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (ii) The initial months of a 30-month driving-under-the-influence program licensed pursuant to

Section 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 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.

(5) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section 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 an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) or (

c) of

Section of this code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 they may apply to the department for a restricted driver’s license, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, if the person meets all of the following requirements: (

A) Completion of 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 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section 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) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (

H) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (

I) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. (

J) 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 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 of the Health and Safety Code as described in subdivision (

b) of

Section 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 of the Health and Safety Code, or a program specified in

Section 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 any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

i) Completion of the initial months of a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (ii) Completion of the initial months of an 18-month driving-under-the-influence program licensed pursuant to

Section 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 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) An individual convicted of a violation of

Section punishable under

Section 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 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 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 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 punishable under

Section or 23550.5, or of a violation of

Section 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

i) The initial months of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (ii) The initial months of a 30-month driving-under-the-influence program licensed pursuant to

Section 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) An individual convicted of a violation of

Section punishable under

Section 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 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 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 restriction shall remain in effect for the period required in subdivision (

f) of

Section 23575.

(8) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23550.1, the privilege shall be revoked for a period of five 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur 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 months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

A) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

i) The initial months of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (ii) The initial months of a 30-month driving-under-the-influence program licensed pursuant to

Section 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) An individual convicted of a violation of

Section punishable under

Section 23550.1 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 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 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 restriction shall remain in effect for the period required in subdivision (

f) of

Section 23575. (8)</xhtml:p>"?> ( 9) (

A) Upon a conviction or finding of a violation of subdivision (

a) of

Section that is punishable under subdivision (

e) of that

section or

Section 23109.1, the privilege shall be suspended for a period of 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. (

B) Commencing January 1, 2029, upon a finding of a violation of subdivision (

c) of

Section for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (

i) of

Section 23109, the privilege shall be suspended for a period of 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)</xhtml:p>"?>

(10) Upon a conviction or finding of a violation of subdivision (

a) of

Section 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 (10), 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 or 23153, 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 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 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 (8), 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 of the Penal Code, that the person has completed a program specified in

Section 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 (8), inclusive, of subdivision (a). (

h) This

section shall become operative January 1, 2033.

SEC.

Section 14601.2 of the Vehicle Code is amended to read: 14601.2. (

a) A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of

Section or if the person so driving has knowledge of the suspension or revocation. (

b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person’s driving privilege is restricted if the person so driving has knowledge of the restriction. (

c) Knowledge of the suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to

Section 13106. Knowledge of the restriction of the driving privilege shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof. (

d) A person convicted of a violation of this

section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for not less than days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (

b) of

Section 23546, subdivision (

b) of

Section 23550, subdivision (

b) of

Section 23550.1, or subdivision (

d) of

Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (

e) of

Section 14601.3.

(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this

section or

Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (

b) of

Section 23546, subdivision (

b) of

Section 23550, subdivision (

b) of

Section 23550.1, or subdivision (

d) of

Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (

e) of

Section 14601.3. (

e) If a person is convicted of a first offense under this

section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least days. (

f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this

section or

Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least days. (

g) If a person is convicted of a second or subsequent offense that results in a conviction of this

section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this

section or

Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least days. (

h) Pursuant to

Section 23575, the court shall require a person convicted of a violation of this

section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the “Verification of Installation” form as described in paragraph (2) of subdivision (

h) of

Section or the Judicial Council Form I.D. 100. (

i) This

section does not prohibit a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility, as defined in subdivision (

c) of

Section 12500. (

j) This

section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with

Section 38000)) applies as to off-highway motor vehicles, as described in

Section 38001. (

k) If

Section is applicable, then subdivision (

h) is not applicable.

SEC.

Section 14601.3 of the Vehicle Code is amended to read: 14601.3. (

a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender. For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:

(1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to

Section 12810.

(2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to

Section 12810.

(3) Three or more accidents within a 12-month period that are subject to the reporting requirements of

Section 16000.

(4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to

Section 12810. (

b) Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to

Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof. (

c) The department, within days of receipt of a duly certified abstract of the record of any court or accident report which results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person’s last known address as contained in the department’s records. (d)

(1) The district attorney, within days of receiving the notice required in subdivision (c), shall inform the department of whether or not the person will be prosecuted for being an habitual traffic offender.

(2) Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (

b) of

Section 23546, subdivision (

b) of

Section 23550, subdivision (

b) of

Section 23550.1, or subdivision (

b) of

Section 23550.5, who is convicted of violating

Section 14601.2 shall be sentenced as provided in paragraph (3) of subdivision (e). (

e) Any person convicted under this

section of being an habitual traffic offender shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for days and by a fine of one thousand dollars ($1,000).

(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for days and by a fine of two thousand dollars ($2,000).

(3) Any habitual traffic offender designated under

Section 193.7 of the Penal Code or under subdivision (

b) of

Section 23546, subdivision (

b) of

Section 23550, subdivision (

b) of

Section 23550.1, subdivision (

b) of

Section 23550.5, or subdivision (

d) of

Section who is convicted of a violation of

Section 14601.2 shall be punished by imprisonment in the county jail for days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law. (

f) This

section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with

Section 38000)) applies as to off-highway motor vehicles, as described in

Section 38001.

SEC.

Section 23103.5 of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2025, is amended to read: 23103.5. (

a) If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of

Section in satisfaction of, or as a substitute for, an original charge of a violation of

Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense. (

b) The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of

Section as set forth in subdivision (c). (

c) If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of

Section and the prosecutor’s statement under subdivision (

a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of

Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, as specified in those sections. (

d) The court shall notify the Department of Motor Vehicles of each conviction of

Section that is required under this

section to be a prior offense for purposes of

Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622. (

e) Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of

Section that is required under this

section to be a prior offense for purposes of

Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under

Chapter 9 (commencing with

Section 11836) of Part of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order. (f)

(1) If the court places on probation a defendant convicted of a violation of

Section that is required under this

section to be a prior offense for purposes of

Section 23540, 23546, 23550, 23550.1, 23560, 23566, or 23622, and that offense occurred within years of a separate conviction of a violation of

Section 23103, as specified in this section, or within 1