Bill Text: CA AB3055 | 2023-2024 | Regular Session | Amended
Bill Title: Survivors of human trafficking: identification cards.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB3055 Detail]
Download: California-2023-AB3055-Amended.html
|
Amended
IN
Assembly
April 09, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3055
| Introduced by Assembly Member (Coauthors: Assembly Members Bryan and Ortega) |
February 16, 2024 |
An act to add Section 21665.10 to the Vehicle Code, relating to vehicles. amend Section 14902 of, and to add Article 7 (commencing with Section 13030) to Chapter 1 of Division 6 of, the Vehicle Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 3055, as amended, Juan Carrillo Vehicles: high-occupancy vehicle lanes: veterans. Survivors of human trafficking: identification cards.
Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.
Existing law authorizes the Department of Motor Vehicles to issue an identification card to an applicant who provides specified information to the department and pays a specified fee. Existing law provides assisted processes for persons being released from a federal or state prison or a state hospital to obtain an identification card. Existing law additionally
waives the fee for senior citizens and indigent persons.
This bill would require the department to develop an assisted and expedited process for survivors of human trafficking to obtain a new or replacement identification card. The bill would require the department to develop an application form that can be filled out by specified persons on behalf of the applicant. The bill would require the department to waive the fee for an applicant applying pursuant to this process. The bill would also require the California Victim Compensation Board to post specified information, including information about obtaining an identification card using this process, on its internet website.
Existing law authorizes the Department of Transportation and local authorities to designate certain lanes for the exclusive use of high-occupancy vehicles (HOVs). Existing law requires the department and local authorities to place signage advising motorists of the rules governing the use of those lanes, and prohibits the use of those lanes by motorists other than in conformity with the posted rules. Existing law provides a limited exemption allowing specified vehicles, including blood transport vehicles and motorcycles, to use HOV lanes.
Existing law requires the Department of Motor Vehicles to make available for issuance, distinctive decals, labels, and other identifiers that distinguish, among others, super ultra-low emission vehicles or partial zero-emission vehicles from other vehicles.
This bill
would authorize the Department of Transportation and local authorities to permit exclusive or preferential use of HOV lanes to be used by a vehicle driven by a disabled veteran of the United States Armed Forces, as defined, regardless of the number of passengers in the vehicle or the type of vehicle, provided that the vehicle is registered to or owned, and is driven, by the veteran and the vehicle displays a decal approved by the Department of Motor Vehicles. The bill would require the Department of Motor Vehicles to issue the decal to an applicant, upon proof of eligibility that the applicant is a disabled veteran.
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.
Article 7 (commencing with Section 13030) is added to Chapter 1 of Division 6 of the Vehicle Code, to read:Article 7. Survivors of Human Trafficking Identification Card Program
13030.
The Department of Motor Vehicles shall facilitate the issuance of an original or replacement identification card pursuant to Section 13000 to survivors of human trafficking.13031.
(a) The Department of Motor Vehicles shall develop an application form specifically for identification cards issued pursuant to this article.(b) This form may be completed, signed, and submitted on behalf of the applicant by any of the following persons:
(1) A counselor, advocate, or other employee of a local rape crisis center.
(2) A victim advocate as described in Section 679.04 of the Penal Code.
(3) A peace officer.
(4) A psychologist, psychiatrist, or other licensed mental health
provider.
(5) A representative of any organization that provides services to victims of human trafficking.
(c) The form shall include an attestation by the person described in subdivision (b) that the applicant is a survivor of human trafficking.
(d) The form shall include a signed attestation by the applicant as to their true name, date of birth, and other identifying information required by the department.
13032.
The department shall, as reasonable, assist the applicant in obtaining documentation of identity, including, without limitation, a birth certificate or foreign identification document, or shall, as reasonable, otherwise assist in verifying the identity of the applicant.13033.
(a) If the applicant requires an original identification card, the department shall assist the applicant in making an appointment at the earliest time possible for a photograph and fingerprint at a local office of the department. If the identification card cannot be issued at the time of the appointment, the department shall provide the applicant a temporary identification document at the time of this visit.(b) If the applicant requires a replacement identification card and the department is able to issue a replacement without an office visit, the department shall, without unnecessary delay, mail the replacement identification card or a temporary identification document to the applicant or to the person that submitted the
application.
13034.
Pursuant to Section 14902, an original or replacement identification card issued pursuant to this article shall be free of charge.13035.
The California Victim Compensation Board shall, on its internet website, post all of the following information:(a) How to obtain an original or replacement identification card for victims of human trafficking pursuant to this article.
(b) How to obtain a replacement social security card.
(c) How to obtain a replacement permanent resident card.
(d) Information about the Safe at Home program of the Secretary of State.
13036.
The Department of Motor Vehicles may adopt any rules or regulations necessary to carry out the provisions of this article.SEC. 2.
Section 14902 of the Vehicle Code is amended to read:14902.
(a) Except as otherwise provided in subdivisions (b), (c), (d), (g), and (h) of this section, subdivision (c) of Section 13002, and subdivision (c) of Section 14900, upon an application for an identification card a fee of twenty dollars ($20), and on and after January 1, 2010, a fee of twenty-six dollars ($26), shall be paid to the department.(b) An original or replacement senior citizen identification card issued pursuant to subdivision (b) of Section 13000 shall be issued free of charge.
(c) The fee for an original or replacement identification card issued to a person who has been determined to have a current income level that meets the eligibility requirements for assistance programs under
Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, or Part 5 (commencing with Section 17000) of, or Article 9 (commencing with Section 18900) of Chapter 10 of Part 6 of, or Chapter 10.1 (commencing with Section 18930) or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code shall be six dollars ($6). The determination of eligibility under this subdivision shall be made by a governmental or nonprofit entity, which shall be subject to regulations adopted by the department.
(d) A fee shall not be charged for an original or replacement identification card issued to any person who can verify their status as a homeless person or homeless child or youth. A homeless services provider that has knowledge of the person’s housing status may verify the person’s status for purposes of this subdivision. A determination of eligibility pursuant to this
subdivision shall be subject to regulations adopted by the department. A person applying for an identification card under this subdivision shall not be charged a fee for verification of their eligibility.
(e) All fees received pursuant to this section shall be deposited in the Motor Vehicle Account.
(f) For purposes of this section, the following definitions apply:
(1) A “homeless child or youth” has the same meaning as the definition of “homeless children and youths” as set forth in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2) A “homeless person” has the same meaning as the definition set forth in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(3) A “homeless services provider” includes:
(A) A governmental or nonprofit agency receiving federal, state, or county or municipal funding to provide services to a “homeless person” or “homeless child or youth,” or that is otherwise sanctioned to provide those services by a local homeless continuum of care organization.
(B) An attorney licensed to practice law in this state.
(C) A local educational agency liaison for homeless children and youth designated as such pursuant to Section 11432 (g)(1)(J)(ii) of Title 42 of the United States Code, or a school social worker.
(D) A human services provider or public social services provider funded by the State of California to provide homeless
children or youth services, health services, mental or behavioral health services, substance use disorder services, or public assistance or employment services.
(E) A law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff’s department within the state.
(F) Any other homeless services provider that is qualified to verify an individual’s housing status, as determined by the department.
(g) The fee for a replacement identification card issued to an eligible inmate upon release from a federal correctional facility or a county jail facility is eight dollars ($8). For purposes of this subdivision, “eligible inmate” means an inmate who meets all of the following requirements:
(1) The inmate previously
held a California driver’s license or identification card.
(2) The inmate has a usable photo on file with the department that is not more than 10 years old.
(3) The inmate has no outstanding fees due for a prior California identification card.
(4) The inmate has provided, and the department has verified, their true full name, date of birth, social security number, and legal presence in the United States, or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9, if the inmate is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the inmate has provided proof of their identity pursuant to Section 12801.9.
(5) The inmate currently resides in a federal correctional facility or
a county jail facility.
(6) The inmate has provided the department, upon application, a verification of their eligibility under this subdivision that meets all of the following requirements:
(A) Be on federal correctional facility letterhead or county sheriff letterhead.
(B) Be typed or computer generated.
(C) Contain the inmate’s name.
(D) Contain the inmate’s date of birth.
(E) Contain the original signature of an official from the federal correctional facility or county sheriff’s office.
(F) Be dated within 90 days of the date of application.
(h) The fee for an original or replacement identification card issued to an eligible inmate upon release from a state correctional facility is eight dollars ($8). For purposes of this subdivision, “eligible inmate” has the same meaning as that term is defined under subdivision (b) of Section 3007.05 of the Penal Code, and meets both of the following requirements:
(1) The inmate currently resides in a facility housing inmates under the control of the Department of Corrections and Rehabilitation.
(2) The inmate has provided the department, upon application, a verification of their eligibility under this subdivision that meets the requirements described under subparagraphs (A) to (D), inclusive, and (F) of paragraph (6) of subdivision (g) and contains the signature of an official from the state facility.
(i) The fee for a replacement identification card issued to an eligible patient treated in a facility of the State Department of State Hospitals is eight dollars ($8). For purposes of this subdivision, “eligible patient” means a patient who meets all of the following requirements:
(1) The patient previously held a California driver’s license or identification card.
(2) The patient has a usable photo on file with the department that is not more than 10 years old.
(3) The patient has no outstanding fees due for a prior California identification card.
(4) The patient has provided, and the department has verified, their true full name, date of birth, social security number, and legal presence in
the United States, or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9, if the patient is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the patient has provided proof of their identity pursuant to Section 12801.9.
(5) The patient is currently preparing to be unconditionally discharged from a facility of the State Department of State Hospitals, or through a conditional release program.
(6) The patient has provided the department, upon application, a verification of their eligibility under this subdivision that meets all of the following requirements:
(A) Be on State Department of State Hospitals letterhead.
(B) Be typed or computer generated.
(C) Contain the patient’s name.
(D) Contain the patient’s date of birth.
(E) Contain the original signature of an official from the State Department of State Hospitals.
(F) Be dated within 90 days of the date of application.
(j) An original or replacement identification card issued to a survivor of human trafficking pursuant to Article 7 (commencing with Section 13030) of Chapter 1 shall be issued free of charge.
(a)The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may authorize or permit exclusive or preferential use of high-occupancy vehicle lanes, regardless of the number of passengers in the vehicle or the type of vehicle, if the vehicle:
(1)Is being driven by a disabled veteran of the United States Armed Forces.
(2)Displays a decal on the bumper that is approved by the Department of Motor Vehicles.
(3)Is registered to, or owned by, a disabled veteran.
(b)The Department of Motor
Vehicles shall be responsible for issuing the decal, upon proof of eligibility that the applicant is a disabled veteran of the United States Armed Forces.
(c)For the purposes of this section, a “disabled veteran” means a person who has received a disability rating from either the Department of Veterans Affairs or the United States Armed Forces.
