Bill Text: CA AB2746 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Driving privilege: suspension.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 800, Statutes of 2022. [AB2746 Detail]
Download: California-2021-AB2746-Introduced.html
Section 40509 or former Section 40509 or former Section 40509.5, the court shall notify the department of the dismissal.13365. 13365.2. which that it has been notified are due pursuant to Sections 40509 and former Section 40509 and former Section 40509.5, and any service fees added to those amounts, at the time it collects from the applicant any fees and penalties required to issue or renew a driver’s license or identification card. Sections 40509 and former Section 40509 and former Section 40509.5, the fine and any penalty assessments shall be a lien upon all vehicles of the defendant of a type subject to registration under this code. the following activities:(a)An assessment for the cost of recording and maintaining a record of the defendant’s prior convictions for violations of this code. The assessment shall be payable at the time of payment of a fine or when bail is forfeited for any subsequent
violations of this code other than parking, pedestrian, or bicycle violations.40509. 40509.5. him or her at the time of his or her them at the time of their commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or to a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code.
Bill Title: Driving privilege: suspension.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 800, Statutes of 2022. [AB2746 Detail]
Download: California-2021-AB2746-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2746
| Introduced by Assembly Members Friedman and Jones-Sawyer |
February 18, 2022 |
An act to amend Sections 12419.10 and 68645.1 of the Government Code, and to amend Sections 1803.3, 4760.1, 11104, 11104.3, 11206, 12807, 12808, 12814.5, 12814.6, 13364, 14910, 14911, 40000.11, 40508.6, 41500, and 41610 of, to add Section 40000.10 to, and to repeal Sections 13365, 13365.2, 40509, and 40509.5 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2746, as introduced, Friedman.
Driving privilege: suspension.
Existing law makes it a misdemeanor for a person to willfully violate their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail, and requires the Department of Motor Vehicles (DMV) to suspend the driving privilege of that person upon receipt of notification of that violation from a court. Existing law generally authorizes a court to notify the DMV of a violation of a written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail, and requires a court to notify the DMV of such a violation when a person is charged with specified offenses related to driving under the influence.
This bill would repeal that requirement of the DMV to suspend a person’s driving
privilege, and would require any suspension issued by the DMV pursuant to those provisions prior to January 1, 2023, to remain in full effect. The bill would repeal the above-described authorization and requirement that the court notify the DMV of a violation of a written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail. The bill would make other conforming changes.
Existing law prohibits a person from driving a motor vehicle upon a highway, unless the person holds a valid driver’s license, except as specified. A violation of this provision is a misdemeanor.
This bill would instead make a violation of this provision an infraction for a first or 2nd offense, except as specified, and a misdemeanor or an infraction for subsequent violations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12419.10 of the Government Code, as amended by Section 173 of Chapter 615 of the Statutes of 2021, is amended to read:12419.10.
(a) (1) The Controller shall, to the extent feasible, offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, from winnings in the California State Lottery, or a cash payment of a claim for unclaimed property held by the state. Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. Neither the Controller nor the Franchise Tax Board shall condition a request for offset on the submission of a person’s social security number. If sufficient funds are not available to satisfy an offset request, the Controller, after first applying the amounts available to any amount due a state agency, may allocate the balance among any other requests for offset.(2) Any request for an offset for a vehicle parking penalty shall be submitted within three years of the date the penalty was incurred. This three-year maximum term for refund offsets for parking tickets applies to requests submitted to the Controller on or after January 1, 2004.
(b) Once an offset request for a vehicle parking penalty is made, a local agency may not accrue additional interest charges, collection charges, penalties, or other charges on or after the date that the offset request is made. Payment of an offset request for a vehicle parking penalty shall be made on the condition that it constitutes full and final payment of that offset.
(c) The Controller shall deduct and retain from any amount offset in favor of a city, county, city and county, court, or special district an amount sufficient to reimburse the Controller, the Franchise Tax Board, the California State Lottery, and the Department of Motor Vehicles for their administrative costs of processing the offset payment.
(d) If necessary to confirm the identity of a person before making an offset, the Franchise Tax Board may, upon paying any necessary fees, obtain a social security number from the Department of Motor Vehicles, as authorized by subdivision (f) of Section 1653.5 of the Vehicle Code.
(e) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1, or any other law, the social security number of a person obtained pursuant to Section 4150, 4150.2, or 12800 of the Vehicle
Code is not a public record and shall only be provided by the Department of Motor Vehicles to an authorized agency for the sole purpose of making an offset pursuant to this section for an unpaid vehicle parking penalty or an unpaid fine, penalty, assessment, or bail of which the Department of Motor Vehicles has been notified pursuant to subdivision (a) of former Section 40509 of the Vehicle Code or Section 1803 of the Vehicle Code, responding to information requests from the Franchise Tax Board for the purpose of tax administration, and responding to requests for information from an agency, operating pursuant to and carrying out the provisions of Part A (Block Grants to States for Temporary Assistance for Needy Families), or Part D (Child Support and Establishment of Paternity) of Subchapter IV of Chapter 7 of Title 42 of the United States Code. As used in this section, “authorized agency” means the
Controller, the Franchise Tax Board, or the California State Lottery Commission.
SEC. 2.
Section 68645.1 of the Government Code is amended to read:68645.1.
For all infraction violations for which a personal appearance is not required, a court may allow defendants to agree to forfeit bail, plead guilty or nolo contendere, request an ability-to-pay determination, or otherwise adjudicate matters through the use of technology.(a) The date that the defendant agrees to forfeit bail, plead guilty, or plead nolo contendere shall be reported as the date of conviction for all purposes.
(b) If a defendant requests an ability-to-pay determination, the matter shall be considered adjudicated for purposes of that determination when the defendant agrees to forfeit bail or pleads guilty or nolo contendere.
(c) When a defendant
agrees to forfeit bail, plead guilty or nolo contendere through the online tool, or requests an ability-to-pay determination, the defendant has appeared within the meaning of subdivision (a) of former Section 40509 and subdivision (a) of former Section 40509.5 of the Vehicle Code, and the court shall immediately file with the Department of Motor Vehicles the required certificate to recall any failure to appear notifications that have been sent for the citation.
SEC. 3.
Section 1803.3 of the Vehicle Code is amended to read:1803.3.
(a) The clerk of any court that reverses a conviction for an offense described in subdivision (a) of Section 1803, which is not exempted under subdivision (b) of that section, shall prepare and forward to the department at its office in Sacramento an abstract of the record of the court covering the case in which the conviction was reversed. In addition, if a court dismisses a charge of a violation of Section 40508 for which a notice was given to the department pursuant to(b) The abstract shall be forwarded within 30 days of the date the judgment of reversal becomes final. The notice of dismissal shall be given to the department not later than 30 days after the dismissal. Within 30 days of receiving the abstract or notice, the department shall remove any record of that conviction, or notice received pursuant to Section 40509 or 40509.5, former Section 40509 or former Section 40509.5, from the driver’s record.
(c) As used in this section, “reverse” includes any action by which a conviction is nullified or set aside.
SEC. 4.
Section 4760.1 of the Vehicle Code is amended to read:4760.1.
(a) The department shall, before renewing the registration of any vehicle, check the driver’s license record of all registered owners for conviction of traffic violations and traffic accidents.(b) The department shall, before renewing the registration of any vehicle, check the driver’s license record of all registered owners for notices filed with the department pursuant to subdivision (a) of former Section 40509 and notices that the licensee has failed to pay a lawfully imposed fine, penalty, assessment, or bail within the time authorized by the court for any violation which
that is required to be reported pursuant to Section 1803 and shall refuse to renew the registration of the vehicle if the driver’s license record of any registered owner has any such outstanding notices to appear or failures to pay a court ordered fine, unless the department has received a certificate issued by the magistrate or clerk of the court hearing the case in which the promise was given showing that the case has been adjudicated or unless the registered owner’s record is cleared as provided in Chapter 6 (commencing with Section 41500) of Division 17. In lieu of the certificate of adjudication, a notice from the court stating that the original records have been lost or destroyed shall permit the department to renew the registration.
(c) Any notice received by the department pursuant to former
Section 40509 which
that has been on file five years may be removed from the department records and destroyed, in the discretion of the department.
(d) In lieu of the certificate of adjudication or a notice from the court, the department shall with the consent of all registered owners collect the amounts which that it has been notified are due pursuant to Sections 40509 and former Section 40509 and former Section 40509.5, and authorized to be collected pursuant to Article 2 (commencing with Section 14910) of Chapter 5 of Division
6.
SEC. 5.
Section 11104 of the Vehicle Code is amended to read:11104.
(a) Every person, in order to qualify as a driving instructor, as defined in Section 310.4, shall meet all of the following requirements:(1) On and after July 1, 1973, have a high school education or its equivalent and have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department.
(2) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques.
(3) Be physically able to safely operate a motor vehicle and to train others
in the operation of motor vehicles.
(4) Hold a valid California driver’s license in a class appropriate for the type of vehicle in which instruction will be given.
(5) Not be on probation to the department as a negligent operator.
(6) Have a driving record that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509.
(7) Be 21 years of age or older.
(b) If an applicant cannot meet the requirements of paragraphs (3) and (4) of subdivision (a) because of a
physical disability, the department may, at its discretion, issue the applicant a driving school instructor’s license restricted to classroom driver education instruction only.
(c) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required.
SEC. 6.
Section 11104.3 of the Vehicle Code is amended to read:11104.3.
(a) An all-terrain vehicle safety instructor shall meet all of the following requirements:(1) Be a person who has not been convicted of a crime involving an act of dishonesty, fraud, or deceit with the intent to benefit himself or herself themself or another substantially, or to injure another substantially; or has not committed any act which, that,
if done as an all-terrain vehicle safety instructor, would be grounds for the suspension or revocation of the all-terrain vehicle safety instructor’s license. A conviction after a plea of nolo contendere shall be deemed to be a conviction within the meaning of this section.
(2) Have a high school education or its equivalent and have satisfactorily completed a course of instruction training in all-terrain vehicle safety as approved by the Off-Highway Vehicle Safety Education Committee.
(3) Within three attempts, pass the examination that the department requires on off-highway vehicle laws, safe driving practices, operation of all-terrain vehicles, and teaching methods and techniques.
(4) Be physically able to safely operate a motor vehicle and to train others in the operation of all-terrain vehicles.
(5) Hold a valid driver’s license issued by this state or any contiguous state.
(6) Not be on probation to the department as a negligent operator or the equivalent of that in the state that issued the driver’s license.
(7) Have a driver record which that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in Section 40509 or former Section 40509 or former Section
40509.5 or as provided in equivalent statutes in the state that issued the driver’s license.
(8) Be 18 years of age or older.
(9) Be sponsored by an all-terrain vehicle safety training organization.
(b) The qualifying requirements in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required.
SEC. 7.
Section 11206 of the Vehicle Code is amended to read:11206.
(a) The department shall license traffic violator school instructors. Except as exempted by this section, no person shall act as a traffic violator school instructor without a currently valid instructor’s license issued by the department. Every person, in order to qualify as a traffic violator school instructor, shall meet all of the following requirements before an instructor’s license may be issued:(1) Have a high school education.
(2) Within three attempts, pass an examination, as required by the department, on traffic laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques.
(3) Hold a currently valid California driver’s license, which license that is not subject to probation pursuant to Section 14250 due to the applicant being a negligent operator within the meaning of Section 12810 or 12810.5. The applicant’s driving record shall not have any outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509.
(4) Be 18 years of age or older.
(b) All the qualifying requirements specified by this section
shall be met within one year from the date of application for a license or the application shall lapse. However, the applicant may thereafter submit a new application upon payment of the requisite fee.
(c) A license issued pursuant to this section is not required to provide instruction to traffic violators in a public school or other public educational institution by a person holding a valid teaching credential with satisfactory training or experience in the subject area, as determined by the department. Persons exempt from licensure under this section are not required to obtain a license certificate pursuant to Section 11207.
SEC. 8.
Section 12807 of the Vehicle Code is amended to read:12807.
The department shall not issue or renew a driver’s license to any person:(a) When a license previously issued to the person under this code has been suspended until the expiration of the period of the suspension, unless cause for suspension has been removed.
(b) When a license previously issued to the person under this code has been revoked until the expiration of one year after the date of the revocation, except where a different period of revocation is prescribed by this code, or unless the cause for revocation has been removed.
(c) When the department has received a notice pursuant to Section 40509 or
former Section 40509 or former Section 40509.5, unless the department has received a certificate as provided in those sections.
SEC. 9.
Section 12808 of the Vehicle Code is amended to read:12808.
(a) The department shall, before issuing or renewing any license, check the record of the applicant for conviction of traffic violations and traffic accidents.(b) The department shall, before issuing or renewing any license, check the record of the applicant for notices of failure to appear in court filed with it and shall withhold or shall not issue a license to any applicant who has violated his or her their written promise to appear in court unless the department has received a certificate issued by the magistrate or clerk of the
court hearing the case in which the promise was given showing that the case has been adjudicated or unless the applicant’s record is cleared as provided in Chapter 6 (commencing with Section 41500) of Division 17. In lieu of the certificate of adjudication, a notice from the court stating that the original records have been lost or destroyed shall permit the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section 40509, 40509.1, or former Section 40509, Section 40509.1, or former Section
40509.5, except subdivision (c) of former Section 40509.5, that has been on file five years may be removed from the department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of former Section 40509.5 that has been on file 10 years may be removed from the department records and destroyed at the discretion of the department.
(d)This section shall become operative on January 1, 2011.
SEC. 10.
Section 12814.5 of the Vehicle Code, as added by Section 7 of Chapter 254 of the Statutes of 2021, is amended to read:12814.5.
(a) The director may establish a program to evaluate the traffic safety and other effects of renewing driver’s licenses by mail. Pursuant to that program, the department may renew by mail driver’s licenses for licensees not holding a probationary license, and whose records, for the two years immediately preceding the determination of eligibility for the renewal, show no notification of a violation of subdivision (a) of former Section 40509, a total violation point count not greater than one as determined in accordance with Section 12810, no suspension of the driving privilege pursuant to Section 13353.2, and no refusal to submit to or complete chemical testing pursuant to Section 13353 or 13353.1.(b) The director may terminate the renewal by mail program authorized by this section at any time the department determines that the program has an adverse impact on traffic safety.
(c) A renewal by mail shall not be granted to any person who is 70 years of age or older.
(d) The department shall notify each licensee granted a renewal by mail pursuant to this section of major changes to the Vehicle Code affecting traffic laws occurring during the prior five-year period.
(e) The department shall not renew a driver’s license by mail if the license has been previously renewed by mail two consecutive times for five-year periods.
(f) This section shall become operative on January 1,
2023.
SEC. 11.
Section 12814.6 of the Vehicle Code is amended to read:12814.6.
(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her their immediate possession a valid permit issued pursuant to Section 12509 may operate a motor
vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.
(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses in automobile driver education and
driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state.
(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training.
(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving
instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subdivision shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she
the student has successfully completed driver education.
(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to
motorcycle practice.
(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.
(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:
(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her their
possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.
(B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her
their possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed.
(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her their possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(D) Necessity of the licensee or the licensee’s immediate family member when reasonable
transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her their possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for
the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.
(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, may not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 18 years of age
before the term ends.
(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or former Section 40509 or former Section 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or former Section 40509 or former Section 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as
determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.
(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:
(A) The person shall violate no law which, that, if resulting in
conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was they were not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.
(i) The
department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.
(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s
licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age.
(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes.
(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date.
(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.
SEC. 12.
Section 13364 of the Vehicle Code is amended to read:13364.
(a) Notwithstanding any other provision of this code, a person’s privilege to operate a motor vehicle shall be suspended upon notification by a bank or financial institution that a check has been dishonored when that check was presented to the department for either of the following reasons:(1) In payment of a fine that resulted from an outstanding violation pursuant to Section 40508 or a suspension pursuant to former Section 13365.
(2) In payment of a fee or penalty owed by the person, if the fee or penalty is required by this code for the issuance,
reissuance, or return of the person’s driver’s license after suspension, revocation, or restriction of the driving privilege.
(b) The suspension shall remain in effect until payment of all fines, fees, and penalties is made to the department or to the court, as appropriate, and the person’s driving record does not contain any notification of a court order issued pursuant to subdivision (a) of Section 42003 or of a violation of subdivision (a) or (b) of Section 40508.
(c) No suspension imposed pursuant to this section shall become effective until 30 days after the mailing of a written notice of the intent to suspend.
(d) The written notice of a suspension imposed pursuant to this section shall be delivered by certified mail.
(e) If any personal check is
offered in payment of fines described in paragraph (1) of subdivision (a) and is returned for any reason, the related notice issued pursuant to Section 40509 or
former Section 40509 or former Section 40509.5 shall be restored to the person’s record.
(f) Notwithstanding any other provision of law, any license that has been suspended pursuant to this section shall immediately be reinstated, and the fees and penalties waived, upon the submission of proof acceptable to the department that the check has been erroneously dishonored by the bank or financial institution.
SEC. 13.
Section 13365 of the Vehicle Code is repealed.(a)Upon receipt of notification of a violation of subdivision (a) of Section 40508, the department shall take the following action:
(1)If the notice is given pursuant to subdivision (a) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person’s driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.
(2)If the notice is given pursuant to subdivision (a) of Section 40509.5, and if the driving privilege of the person who is the subject of the
notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.
(b)(1)A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).
(2)The suspension shall continue until the suspended person’s driving record does not contain any notification of a violation of subdivision (a) of Section 40508.
SEC. 14.
Section 13365.2 of the Vehicle Code is repealed.(a)Upon receipt of the notice required under subdivision (b) of Section 40509.5, the department shall suspend the driving privilege of the person upon whom notice was received and shall continue that suspension until receipt of the certificate required under that subdivision.
(b)The suspension required under subdivision (a) shall become effective on the 45th day after the mailing of written notice by the department.
SEC. 15.
Section 14910 of the Vehicle Code is amended to read:14910.
(a) The department shall, with the consent of the applicant, collect the amounts(b) Except as provided in subdivision (c), the department shall remit all amounts collected pursuant to subdivision (a), after deducting the administrative fee authorized in subdivision (c), to each jurisdiction in the amounts due to each jurisdiction according to its notices filed with the department. Within 45 days from the time payment is received by the department, the department shall inform each jurisdiction which of its notices of failure to appear or failure to pay have been discharged.
(c) The department shall assess a fee for posting the bail on each notice of failure to appear or failure to pay which that is given to the department pursuant to Section 40509 or
former Section 40509 or former Section 40509.5, in an amount, as determined by the department, that is sufficient to provide a sum equal to its actual costs of administering this section, not to exceed one dollar ($1) per notice. The fees shall be assessed to each jurisdiction on a regular basis by deducting the amount due to the department pursuant to this subdivision from the bails and fines collected pursuant to subdivision (a), prior to remitting the balance to each jurisdiction pursuant to subdivision (b).
(d) Except as provided in subdivision (e) of Section 13364, if bail is collected under this section for the violation of any provisions of this code, the person shall be deemed to be convicted of those sections violated.
(e) Any amounts collected by the department under this section are nonrefundable by the department.
(f) Notwithstanding Section 42003, payment of bail to the department in accordance with this section shall be paid in full and not in installments.
SEC. 16.
Section 14911 of the Vehicle Code is amended to read:14911.
(a) When a notice of failure to appear or failure to pay a fine is recorded on the department records pursuant to(b) For every lien arising pursuant to subdivision (a) which
that is due and not paid, the department may collect the amount of the lien plus costs, and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3.5 shall apply.
SEC. 17.
Section 40000.10 is added to the Vehicle Code, to read:40000.10.
A violation of subdivision (a) of Section 12500 shall be punished as follows:(a) Except as provided in subdivision (b), as an infraction by a fine of one hundred dollars ($100) for a first or second violation.
(b) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code if a person has a prior driver’s license suspension or revocation for a violation of subdivision (c) of Section 192 of the Penal Code, subdivision (e) of Section 12809, or of Section 13353, 13353.1, 13353.2, 23103, 23104, 23105, 23109, 23152, 23153, or 23154.
(c) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code
for a third or subsequent violation.
SEC. 18.
Section 40000.11 of the Vehicle Code is amended to read:40000.11.
A violation of any of the following provisions is a misdemeanor, and not an infraction:(a) Division 5 (commencing with Section 11100), relating to occupational licensing and business regulations.
(b)Section 12500, subdivision (a), relating to unlicensed drivers.
(c)
(b) Section 12515, subdivision (b), relating to persons under 21 years of age driving, and the employment of those persons to drive, vehicles engaged in interstate commerce or transporting hazardous substances or wastes.
(d)
(c) Section 12517, relating to a special driver’s certificate to operate a schoolbus or school pupil activity bus.
(e)
(d) Section 12517.45, relating to a special driver’s certificate and vehicle inspection for the transportation of pupils to or from school-related activities by a passenger charter-party carrier as defined in subdivision (k) of Section 545.
(f)
(e) Section 12519, subdivision (a), relating to a special driver’s certificate to operate a farm labor vehicle.
(g)
(f) Section 12520, relating to a special driver’s certificate to operate a tow truck.
(h)
(g) Section 12804, subdivision (d), relating to medical certificates.
(i)
(h) Section 12951, subdivision (b), relating to refusal to display license.
(j)
(i) Section 13004, relating to unlawful use of an identification card.
(k)
(j) Section 13004.1, relating to identification documents.
(l)
(k) Sections 14601, 14601.1,
14601.2, and 14601.5, relating to driving with a suspended or revoked driver’s license.
(m)
(l) Section 14604, relating to unlawful use of a vehicle.
(n)
(m) Section 14610, relating to unlawful use of a driver’s license.
(o)
(n) Section 14610.1, relating to identification documents.
(p)
(o) Section 15501, relating to use of false or fraudulent license by a minor.
SEC. 19.
Section 40508.6 of the Vehicle Code is amended to read:40508.6.
The superior court in any county may establish administrative assessments, not to exceed ten dollars ($10), for clerical and administrative costs incurred for(b)An assessment for all defendants whose driver’s license or automobile registration is attached or restricted pursuant to Section 40509 or 40509.5, to cover the cost of notifying the Department of Motor Vehicles of the attachment or restriction.
SEC. 20.
Section 40509 of the Vehicle Code is repealed.(a)Except as required under subdivision (b) of Section 40509.5, if a person has violated a written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518, the magistrate or clerk of the court may give notice of the failure to appear to the department for any violation of this code, or any violation that can be heard by a juvenile traffic hearing referee pursuant to Section 256 of the Welfare and Institutions Code, or any violation of any other statute relating to the safe operation of a vehicle, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the case in which the promise was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall sign and file with the department a certificate to that effect.
(b)(1)Notwithstanding subdivision (a), the court may notify the department of the total amount of bail, fines, assessments, and fees authorized or required by this code, including Section 40508.5, that are unpaid by a person.
(2)Once a court has established the amount of bail, fines, assessments, and fees, and notified the department, the court shall not further enhance or modify that amount.
(3)This subdivision applies
only to violations of this code that do not require a mandatory court appearance, are not contested by the defendant, and do not require proof of correction certified by the court.
(c)Any violation subject to Section 40001 that is the responsibility of the owner of the vehicle shall not be reported under this section.
SEC. 21.
Section 40509.5 of the Vehicle Code is repealed.(a)Except as required under subdivision (b), if, with respect to an offense described in subdivision (d), a person has violated his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518, the magistrate or clerk of the court may give notice of the failure to appear to the department for a violation of this code, a violation that can be heard by a juvenile traffic hearing referee pursuant to Section 256 of the Welfare and Institutions Code, or a violation of any other statute relating to the safe operation of a vehicle, except violations
not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the case in which the promise was given is adjudicated or the person who has violated the court order appears in court and satisfies the order of the court, the magistrate or clerk of the court hearing the case shall sign and file with the department a certificate to that effect.
(b)If a person charged with a violation of Section 23152 or 23153, or Section 191.5 of the Penal Code, or subdivision (a) of Section 192.5 of that code has violated a lawfully granted continuance of his or her promise to appear in court or is released from custody on his or her own recognizance and fails to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, the magistrate or clerk of the court shall give notice to the department of the failure to appear. If thereafter the
case in which the notice was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall prepare and forward to the department a certificate to that effect.
(c)Except as required under subdivision (b), the court shall mail a courtesy warning notice to the defendant by first-class mail at the address shown on the notice to appear, at least 10 days before sending a notice to the department under this section.
(d)If the court notifies the department of a failure to appear pursuant to subdivision (a), no arrest warrant shall be issued for an alleged violation of subdivision (a) of Section 40508, unless one of the following criteria is met:
(1)The alleged underlying offense is a
misdemeanor or felony.
(2)The alleged underlying offense is a violation of any provision of Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), or Division 15 (commencing with Section 35000), required to be reported pursuant to Section 1803.
(3)The driver’s record does not show that the defendant has a valid California driver’s license.
(4)The driver’s record shows an unresolved charge that the defendant is in violation of his or her written promise to appear for one or more other alleged violations of the law.
(e)Except as required under subdivision (b), in addition to the proceedings described in this section, the court may elect to notify the department pursuant to subdivision (b) of Section 40509.
(f)A violation subject to Section 40001 that is the responsibility of the owner of the vehicle shall not be reported under this section.
SEC. 22.
Section 41500 of the Vehicle Code is amended to read:41500.
(a) A person shall not be subject to prosecution for a nonfelony offense arising out of the operation of a motor vehicle or violation of this code as a pedestrian that is pending against(b) Notwithstanding any other law, a driver’s license shall not be
suspended or revoked, and the issuance or renewal of a license shall not be refused as a result of a pending nonfelony offense occurring prior to the time a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, or as a result of a notice received by the department pursuant to subdivision (a) of former Section 40509 when the offense that gave rise to the notice occurred prior to the time a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice of the Department of Corrections and Rehabilitation.
(c) The department shall remove from its
records notice received by it pursuant to subdivision (a) of
former Section 40509 upon receipt of satisfactory evidence that a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, after the offense that gave rise to the notice occurred.
(d) The provisions of this section shall not apply to a nonfelony offense if the department is required by this code to immediately revoke or suspend 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 that nonfelony offense.
(e) The provisions of subdivisions (a), (b), and (c) do not apply to an offense committed by a person while he or she
that person is temporarily released from custody pursuant to law or while he or she is they are on parole or postrelease community supervision.
(f) The provisions of subdivisions (a), (b), and (c) do not apply if the pending offense is a violation of Section 23103, 23152, or 23153.
SEC. 23.
Section 41610 of the Vehicle Code is amended to read:41610.
(a) Whenever a person who is in custody enters a guilty plea to an infraction or misdemeanor under this code and there is outstanding any warrant of arrest for a violation of this code or a local ordinance adopted pursuant to this code that is filed in any court within the same county, the defendant may elect to enter a guilty plea to any of these charged offenses of which the court has a record, except offenses specified in subdivision (b). The court shall sentence the defendant for each of the offenses for which a guilty plea has been entered pursuant to this section, and shall notify the appropriate court or department in each affected judicial district of the disposition. After receiving that notice of disposition, the court in which each complaint was filed shall prepare and transmit to the department any certification required by applicable provisions of former Section 40509 as if the court had heard the case.(b) Subdivision (a) does not authorize entry of a guilty plea as specified in that subdivision to an offense for which a notice of parking violation has been issued, nor to any offense specified in Section 14601.2, 14601.3, 20002, 23103, 23104, 23105, 23152, or 23153, subdivision (a) of Section 14601, or subdivision (a) of Section 14601.1.
