Bill Text: CA AB1618 | 2019-2020 | Regular Session | Amended
Bill Title: Plea bargaining: benefits of later enactments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 586, Statutes of 2019. [AB1618 Detail]
Download: California-2019-AB1618-Amended.html
|
Amended
IN
Assembly
April 11, 2019 |
| Assembly Bill | No. 1618 |
| Introduced by Assembly Member Jones-Sawyer |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would allow rather than require the court, to suspend or delay the person’s driving privilege in these circumstances. The bill would require the court to modify the order imposing a delay of the driving privilege if there are no further convictions in a 12-month period.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1808 of the Vehicle Code is amended to read:1808.
(a) Except where a specific provision of law prohibits the disclosure of records or information or provides for confidentiality, all records of the department relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and abstracts of accident reports required to be sent to the department in Sacramento, except for abstracts of accidents where, in the opinion of a reporting officer, another individual was at fault, shall be open to public inspection during office hours. All abstracts of accident reports shall be available to law enforcement agencies and courts of competent jurisdiction.SEC. 2.
Section 13202.6 of the Vehicle Code is repealed.(a)(1)For every conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall suspend the person’s driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a driver’s license for his or her own, or a member of his or her family’s, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person’s driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.
(2)A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, “community service” means cleaning up graffiti from any public property, including public transit vehicles.
(3)As used in this section, the term “conviction” includes the findings in juvenile proceedings specified in Section 13105.
(b)(1)Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all drivers’ licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers’ licenses surrendered, to the department.
(2)Violations of restrictions imposed pursuant to this section are subject to Section 14603.
(c)The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
SEC. 3.
Any court order to suspend, restrict, or delay a minor’s driving privilege issued prior to January 1, 2020, pursuant to former Section 13202.6 of the Vehicle Code shall remain in full effect in accordance with the terms of the order.(a)(1)For a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court may suspend the person’s driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a driver’s license for
their
own, or a member of their family’s, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected,
shall modify the order imposing the delay of the privilege. For each successive offense, the court may suspend the person’s driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.
(2)A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of
community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, “community service” means cleaning up graffiti from any public property, including public transit vehicles.
(3)As used in this section, the term “conviction” includes the findings in juvenile proceedings specified in Section 13105.
(b)(1)When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction occurred shall require all
driver’s licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any driver’s licenses surrendered, to the department.
(2)Violations of restrictions imposed pursuant to this section are subject to Section 14603.
(c)The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
