Bill Text: CA AB346 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Vehicle infractions and misdemeanors: arrests.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2015-07-14 - Chaptered by Secretary of State - Chapter 82, Statutes of 2015. [AB346 Detail]

Download: California-2015-AB346-Chaptered.html

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BILL NUMBER: AB 346	CHAPTERED
	BILL TEXT

	CHAPTER  82
	FILED WITH SECRETARY OF STATE  JULY 14, 2015
	APPROVED BY GOVERNOR  JULY 14, 2015
	PASSED THE SENATE  JUNE 22, 2015
	PASSED THE ASSEMBLY  APRIL 16, 2015

INTRODUCED BY   Assembly Member Wilk
   (Coauthors: Assembly Members Lackey and Melendez)

                        FEBRUARY 13, 2015

   An act to amend Section 40302 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 346, Wilk. Vehicle infractions and misdemeanors: arrests.
   Existing law requires that whenever a person is arrested for a
vehicle-related infraction or misdemeanor, he or she be taken
immediately before a magistrate if he or she fails to present his or
her driver's license or other satisfactory evidence of identity for
examination.
   This bill would additionally require that the arrested person be
taken immediately before a magistrate if he or she fails to present
both his or her driver's license or other evidence of identity and an
unobstructed view of his or her full face for examination.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40302 of the Vehicle Code is amended to read:
   40302.  Whenever any person is arrested for any violation of this
code, not declared to be a felony, the arrested person shall be taken
without unnecessary delay before a magistrate within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and is nearest or most accessible
with reference to the place where the arrest is made in any of the
following cases:
   (a) When the person arrested fails to present both his or her
driver's license or other satisfactory evidence of his or her
identity and an unobstructed view of his or her full face for
examination.
   (b) When the person arrested refuses to give his or her written
promise to appear in court.
   (c) When the person arrested demands an immediate appearance
before a magistrate.
   (d) When the person arrested is charged with violating Section
23152.