AB 2276: Vehicles: active intelligent speed assistance devices.

SECTION 1.

The Legislature finds and declares all of the following:

(a) It is the intent of the Legislature to keep the public safe when on the road. Excessive speeding is a leading cause of traffic fatalities and injuries. In 2022, the National Highway Traffic Safety Administration estimated that about 12 people were killed on California’s roads every day and, according to the California Office of Traffic Safety’s 2023 Annual Report, one-third of those fatalities were speeding related. Speeding not only increases the likelihood of a crash, but also the likelihood of a fatal outcome. Speeding drivers negatively impact all who use the road, including pedestrians, bicyclists, and other forms of transportation. The Legislature finds that solutions are needed to keep the public safe on the road and to change public behavior.

(b) Active intelligent speed assistance (ISA) offers an improved solution to address excessive speeding. Tools utilized to reduce speeding on roadways often include issuing traffic fines, suspending licenses, and impounding cars, but these solutions are no longer effective to address excessive, repeated speeding. Traffic fines change the behavior of many drivers, but have proven ineffective against high-risk, repeat, or extreme speeders, and most drivers with a suspended license continue to drive. According to the American Association of Motor Vehicle Administrators, more than 70 percent of people with suspended licenses continue to drive during the suspension period.

(c) ISA technology enables individuals to continue driving, issues a meaningful penalty, and facilitates driver education and training to create safer driving habits. By leveraging technology to enable individuals to continue driving, while preventing speeding, the Legislature intends to enhance road safety to promote safer driving habits and keep the public safe, all of which work to directly address the issue of speeding on our roads.

(d) The Legislature further finds that utilizing intelligent speed assistance devices for high-risk drivers, particularly those with repeated speed-related violations, can prevent recidivism and provide long-term traffic safety improvements.

(5)

(6)

The person acknowledges that they are subject to the requirements of this section when they purchase or obtain access to a vehicle.

23704.

(a) A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device shall not do any of the following:

(1) Tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.

(2) Direct, authorize, or request that another person tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.

(3) Operate a motor vehicle without a required device. not equipped with an active intelligent speed assistance device.

(4) Fail Willfully fail to return the device to the vendor upon program completion.

(b) A violation of this section is a misdemeanor.

(c) A violation of this section shall also result in an extension of the required term the device needs to be installed by an additional 120 days. Any period of time a person was in violation of this section shall not be credited toward completion of the required term.

23705.

(a) All data collected under this section shall be securely maintained by the provider. Data related to violations involving tampering with, circumventing, or removing the device may be shared with the department or court who ordered the installation of the device pursuant to subdivision (b). Depersonalized and aggregated data may be shared with third parties for research or evaluation purposes, such as assessing the effectiveness of active intelligent offender programs.

(b) Data collected under this section may only be shared under any of the following circumstances:

(1) As required by a court order.

(2) As directed by state statute or regulation.

(3) With the department or the ordering court in connection with a program violation.

(c) All documents, records, identifying information, monitoring data or results, and other information recorded, collected, maintained, transmitted, or stored by an active intelligent speed assistance device provider about or concerning a speeding offender is confidential and not available for public inspection. All that information shall remain confidential when it is transmitted, electronically or otherwise, maintained and stored, or examined or used by a monitoring authority. Only authorized employees of an active intelligent speed assistance device provider or monitoring authority may view any document made confidential by this section.

23706.

(a) Only devices and providers certified by the department may be used to satisfy the requirements of this division.

(b) To be eligible to install, repair, maintain, monitor, or remove a device, a company shall apply to the department for certification in a form and manner approved by the department.

(c) A manufacturer, distributor, or retailer of a motor vehicle is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an aftermarket intelligent speed assistance device. However, liability does exist if the manufacturer, distributor, or retailer of a motor vehicle knowingly engages in a repair or update to the aftermarket intelligent speed assistance device and the repair or update proximately causes loss, injury, or damage.

(d) Nothing in this division requires a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an aftermarket intelligent speed assistance device.

(e) Nothing in this division prohibits a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an aftermarket intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement.

23707.

(a) A person is required to install and use a functioning, certified active intelligent speed assistance device pursuant to this section for the applicable term, as follows:

(1) A person convicted of a violation of subdivision (a) of Section 23103, subdivision (a) of Section 23109, or subdivision (b) of Section 22348 shall be required to do the following, as applicable:

(A) Upon a conviction with no priors punishable under Section 23103, 23109, or subdivision (b) of Section 22348, the court may order installation of a functioning, certified active intelligent speed assistance device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified active intelligent speed assistance device. If the court orders the active intelligent speed assistance device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction and shall specify the terms of the active intelligent speed assistance device restriction. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified active intelligent speed assistance device for the applicable term.

(B) Upon a conviction with one prior punishable under Section 23103, 23109, or subdivision (b) of Section 22348, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.

(C) Upon a conviction with two priors punishable under Section 23103, 23109, or subdivision (b) of Section 22348, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.

(D) Upon a conviction with three or more priors punishable under Section 23103, 23109, or subdivision (b) of Section 22348, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.

(2) A person convicted of a violation of Section 23104, paragraph (2) of subdivision (e) of Section 23109, or subdivision (a) of Section 23582 shall install a functioning, certified active intelligent speed assistance device, as follows:

(A) Upon a conviction with no priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.

(B) Upon a conviction with one prior punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.

(C) Upon a conviction with two priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.

(D) Upon a conviction with three or more priors punishable under Section 23109 or 23582, the person shall install a functioning, certified active intelligent speed assistance device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.

(b) If a person fails to comply with any of the requirements regarding active intelligent speed assistance devices, the period in which the person was not in compliance shall not be credited toward the mandatory term for which the active intelligent speed assistance device is required to be installed.

23708.

(a) (1) Every manufacturer and manufacturer’s agent certified by the department to provide active intelligent speed assistance devices pursuant to Section 23706 shall adopt the following fee schedule that provides for the payment of the costs of the certified active intelligent speed assistance device device, the administration of the program, installation of the device, service, repair, and removal of the device, and any other costs associated with the device by persons subject to this division in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:

(A) A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (3) is responsible for 10 percent of the cost of the provider’s standard active intelligent speed assistance device, all device program costs, and any additional costs accrued by the person for noncompliance with program requirements. 125 percent of the federal poverty level or below is responsible for 10 percent of the costs described in this paragraph. The active intelligent speed assistance device provider is responsible for absorbing any costs of the active intelligent speed assistance device that are not paid by the person.

(B) A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (3) is responsible for 20 percent of the cost of the provider’s standard active intelligent speed assistance device, all device program costs, and any additional costs accrued by the person for noncompliance with program requirements. 126 to 225 percent, inclusive, of the federal poverty level is responsible for 25 percent of the costs described in this paragraph. The active intelligent speed assistance device provider is responsible for absorbing any costs of the active intelligent speed assistance device that are not paid by the person.

(C) A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (3) is responsible for 40 percent of the cost of the provider’s standard active intelligent speed assistance device, all device program costs, and any additional costs accrued by the person for noncompliance with program requirements. 226 to 325 percent, inclusive, of the federal poverty level is responsible for 50 percent of the costs described in this paragraph. The active intelligent speed assistance device provider is responsible for absorbing any costs of the active intelligent speed assistance device that are not paid by the person.

(D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the provider or provider’s agent is responsible for 50 percent of the provider’s standard active intelligent speed assistance device, all device program costs, costs described in this paragraph and any additional costs accrued by the person for noncompliance with program requirements.

(E) A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (3) is responsible for 90 percent of the cost of the provider’s standard active intelligent speed assistance device, all device program costs, 326 to 425 percent, inclusive, of the federal poverty level is responsible for 90 percent of the costs described in this paragraph and any additional costs accrued by the person for noncompliance with program requirements.

(F) All other offenders are responsible for 100 percent of the provider’s standard active intelligent speed assistance device, all device program costs, and any additional costs accrued by the person for noncompliance with program requirements costs described in this paragraph.

(2) The provider is responsible for the costs identified in paragraph (1) that the offender percentage of costs described in paragraph (1) that the person ordered to install an active intelligent speed assistance device is not responsible for pursuant to subparagraphs (A) to (E), inclusive.

(3) The active intelligent speed assistance device provider shall verify the offender’s income to determine their share of cost for the active intelligent speed assistance device pursuant to paragraph (1) income of the person ordered to install an active intelligent speed assistance device to determine the costs described in paragraph (1) by verifying one of the following documents from the offender:

(A) The previous year’s state or federal income tax return.

(B) The previous three months of weekly or monthly income statements.

(C) Employment Development Department verification of unemployment benefits.

(b) An active intelligent speed assistance device provider shall do all of the following:

(1) Conspicuously post the information set forth described in this section on its internet website, in its contracts, and at every installation, service, and repair location.

(2) Give verbal notification of the fee schedule and how to apply for reduced costs prior to the execution of a contract for, and installation or repair of, an active intelligent speed assistance device.

(c) The department shall post the information set forth described in this section on its internet website. The department shall also include the information described in this section in any mailed notice of revocation or suspension that notifies an individual of the requirement to install an active intelligent speed assistance device.

23709.

(a) On or before July 1, 2031, the department shall report data to the Transportation Agency regarding the implementation and efficacy of this division for the period covering January 1, 2027, to January 1, 2031, inclusive.

(b) The report described in subdivision (a) shall include, at minimum, all of the following:

(1) The number of individuals who killed or injured any person in a crash relating to violations of Section 23103, 23109, 22348, or 23582 while required to have a certified active intelligent speed assistance device installed pursuant to this division.

(2) The number of individuals who were convicted of Section 23103, 23109, 22348, or 23582 while during the term in which the person was required to have a certified active intelligent speed assistance device installed pursuant to this division.

(3) The number of injuries and deaths resulting from motor vehicle crashes relating to violations of Section 23103, 23109, 22348, or 23582 during the reporting period and during periods of similar duration prior to the implementation of this division.

(4) The number of individuals who have been convicted more than one time for violations of Section 23103, 23109, 22348, or 23582 during the reporting period and during periods of similar duration prior to the implementation of this division.

(5) Any other information requested by the Transportation Agency to assess the continued effectiveness of the certified active intelligent speed assistance device program in reducing recidivism for violations of Sections 23103, 23109, 22348, and 23582.

(c) The Transportation Agency may contract with educational institutions to obtain and analyze the data required by this section.

(d) (1) The Transportation Agency shall conduct an assessment of the program based on the data provided pursuant to subdivision (b) and shall report to the Legislature on the outcomes of the program by no later than July 1, 2032.

(2) The assessment shall include recommendations on how to further reduce violations of Sections 23103, 23109, 22348, and 23582.

(e) The report described in subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.

23710.

(a) The requirements of this division shall only apply to a person who is convicted of a violation of Section 23103, 23104, 23109, 22348, or in the County of Los Angeles, San Diego, Fresno, Santa Clara, Shasta, Kern, or San Bernardino of a violation of subdivision (a) of Section 23103, 23104, subdivision (a) or paragraph (2) of subdivision (e) of Section 23109, subdivision (b) of Section 22348, or subdivision (a) of Section 23582 that occurred on or after January 1, 2027.

(b) This division 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.