Bill Text: CA SB1394 | 2009-2010 | Regular Session | Amended
Bill Title: Vehicles: drivers' licenses: reexaminations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-31 - From committee: Be re-referred to Com. on T. & H. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0. Page 5056.) Re-referred to Com. on T. & H. From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 0. Page 5131.) [SB1394 Detail]
Download: California-2009-SB1394-Amended.html
BILL NUMBER: SB 1394 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 25, 2010
AMENDED IN ASSEMBLY AUGUST 18, 2010
AMENDED IN SENATE APRIL 13, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator Kehoe
FEBRUARY 19, 2010
An act to amend Section 13803 Sections
12818 and 13803 of, and to amend and repeal Sections 12808
, 12814, and 12818 and 12814 of, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Kehoe. Vehicles: drivers' licenses:
reexaminations.
Existing law requires, until January 1, 2011, the Department of
Motor Vehicles to reexamine a driver upon receipt of a report from a
local health officer indicating that the driver suffers from
disorders characterized by lapses of consciousness, and upon receipt
of a report from certain family members stating that the driver
cannot safely operate a motor vehicle, the reexaminations to include
a demonstration of the person's ability to operate a motor vehicle.
Existing law requires, until January 1, 2011, the department, before
issuing or renewing any license, to check its records for these
reports.
This bill would make the above requirements permanent and
, except for the requirement that the department
reexamine a person's qualifications to operate a motor
vehicle upon receipt of a report from a local health officer, which
the bill would extend only until January 1, 2012. The bill
would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12808 of the Vehicle Code, as amended by
Section 8 of Chapter 985 of the Statutes of 2000, 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, traffic accidents, reports filed pursuant to Section
103900 of the Health and Safety Code, reports filed pursuant to
Section 13803, or notices issued pursuant to Section 21061.
(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 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 40509.5, except subdivision (c) of 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
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.
SEC. 2. Section 12808 of the Vehicle Code, as added by Section 9
of Chapter 985 of the Statutes of 2000, is repealed.
SEC. 3. Section 12814 of the Vehicle Code, as amended by Section
35 of Chapter 594 of the Statutes of 2003, is amended to read:
12814. (a) Application for renewal of a license shall be made at
an office of the department by the person to whom the license was
issued. The department, in its discretion, may require an examination
of the applicant as upon an original application, or an examination
deemed by the department to be appropriate considering the licensee's
record of convictions and accidents, or an examination deemed by the
department to be appropriate in relation to evidence of a condition
that may affect the ability of the applicant to safely operate a
motor vehicle. The age of a licensee, by itself, may not constitute
evidence of a condition requiring an examination of the driving
ability. If the department finds any evidence of a condition
requiring an examination, the department shall disclose the evidence
to the applicant or licensee. If the person is absent from the state
at the time the license expires, the director may extend the license
for a period of one year from the expiration date of the license.
(b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
(c) The department may adopt and administer regulations it deems
necessary for the public safety in the implementation of a program of
selective testing of applicants, and, with reference to this
section, the department may waive tests for purposes of evaluation of
selective testing procedures.
SEC. 4. Section 12814 of the Vehicle Code, as amended by Section
36 of Chapter 594 of the Statutes of 2003, is repealed.
SEC. 5. Section 12818 of the Vehicle Code, as amended by Section
13 of Chapter 985 of the Statutes of 2000, is amended to read:
12818. (a) Upon receipt of a request for reexamination and
presentation of a legible copy of a notice of reexamination by a
person issued the notice pursuant to Section 21061, or upon receipt
of a report from a local health officer issued pursuant to
subdivision (b) of Section 103900 of the Health and Safety Code, the
department shall reexamine the person's qualifications to operate a
motor vehicle, including a demonstration of the person's ability to
operate a motor vehicle as described in Section 12804.9.
(b) Based on the department's reexamination of the person's
qualifications pursuant to subdivision (a), the department shall
determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the
department finds that any of the grounds exist which authorize the
refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation,
suspend, or revoke the driving privilege of that person based upon
the records of the department as provided in Chapter 3 (commencing
with Section 13800).
(c) As an alternative to subdivision (a), the department may
suspend or revoke the person's driving privilege as provided under
Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement
agency which employs the traffic officer who issued the notice of
reexamination described in subdivision (a) of the results of the
reexamination.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 6. Section 12818 of the Vehicle
Code , as added by Section 14 of Chapter 985 of the
Statutes of 2000, is amended to read:
12818. (a) Upon receipt of a request for reexamination and
presentation of a legible copy of a notice of reexamination by a
person issued the notice pursuant to Section 21061, the department
shall reexamine the person's qualifications to operate a motor
vehicle pursuant to Section 13801, notwithstanding the
notice requirement of Section 13801 , including a
demonstration of the person's ability to operate a motor vehicle as
described in Section 12804.9 .
(b) Based on the department's reexamination of the person's
qualifications pursuant to subdivision (a), the department shall
determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the
department finds that any of the grounds exist which authorize the
refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation,
suspend, or revoke the driving privilege of that person based upon
the records of the department as provided in Chapter 3 (commencing
with Section 13800).
(c) As an alternative to subdivision (a), the department may
suspend or revoke the person's driving privilege as provided under
Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement
agency which employs the traffic officer who issued the notice of
reexamination of the results of the reexamination.
(e) This section shall become operative on January 1,
2011 2012 .
SEC. 6. Section 12818 of the Vehicle Code, as
added by Section 14 of Chapter 985 of the Statutes of 2000, is
repealed.
SEC. 7. Section 13803 of the Vehicle Code is amended to read:
13803. (a) The department shall conduct a reexamination,
including a demonstration of the person's ability to operate a motor
vehicle as described in Section 12804.9, to determine whether the
driving privilege of any person to operate a motor vehicle should be
suspended or revoked, or whether terms or conditions of probation
should be imposed upon receiving information from any member of the
vehicle operator's family within 3 degrees of consanguinity, or the
operator's spouse, who has reached 18 years of age, except that no
person may report the same family member pursuant to this section
more than one time during a 12-month period.
(b) The report described in subdivision (a) shall state that the
person filing the report reasonably and in good faith believes that
the operator cannot safely operate a motor vehicle. The report shall
be based upon personal observation or physical evidence of a physical
or medical condition that has the potential to impair the ability to
drive safely, or upon personal knowledge of a driving record that,
based on traffic citations or other evidence, indicates an unsafe
driver. The observation or physical evidence, or the driving record,
shall be described in the report, or the report shall be based upon
an investigation by a law enforcement officer.
(c) No person who makes a report in good faith pursuant to this
section shall be civilly or criminally liable for making that report.
