Title
Title
Rules and Forms | Criminal Procedure: Ignition Interlock Forms (Action Required)
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Summary
Summary
The Criminal Law Advisory Committee recommends revising the criminal forms implementing ignition interlock device requirements to conform to statutory changes on reporting, compliance, and monitoring requirements; increase clarity and usability; and make nonsubstantive technical changes.
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Recommendation
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2021, renumber and revise six forms, identified below, addressing ignition interlock devices ordered in criminal cases. The proposed changes would revise the forms to conform to the requirements and language of Vehicle Code sections 23575 and 23576 and increase clarity and usability. The proposed changes would also make nonsubstantive technical changes to all six forms, including adding a field for defendant's email address and fax number, and adding "State" to the address fields.
1. Order to Install Ignition Interlock Device (form ID-100)
* Renumber as CR-221;
* State that the defendant may return a copy of the Department of Motor Vehicle's installation verification form in lieu of the Judicial Council's installation verification form, in order to streamline the process;
* Conform to updated statutory language in Vehicle Code section 23576 by referencing motor vehicles and replacing "wholly" with "all;"
* Delete the advisement that failure to comply with any court order is a violation of the order, as unnecessarily broad;
* Delete the advisement that failure to maintain current license and registration on any vehicle owned by the defendant is a violation of the order, since it is duplicative of language on page 1; and
* Conform to the requirements of Vehicle Code section 23575 through the following:
o Delete the requirement for installation to occur no later than 30 days from the date of conviction;
o Delete the advisement that th...
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