Today's Law As Amended


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AB-2067 Vehicles: unlicensed drivers.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 12801.5 of the Vehicle Code is amended to read:

12801.5.
 (a) Except as provided in Section 12801.9,  Notwithstanding any other law,  the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and  that the applicant’s presence in the United States is authorized under federal law.
(b) Except as provided in Section 12801.9, the  The  department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.
(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency.
(d) (c)  The department shall adopt regulations to carry out the purposes of this section, including,  including procedures for,  but not limited to, procedures for  (1) verifying that the applicant is a California resident and that his or her  applicant’s  presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) appeal  hearings to appeal  from  a denial of a license, temporary license, or identification card.
(e) (d)  On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government.
(f) (e)  Notwithstanding Section 40300 or any other law, a peace officer shall may  not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age.
(g) (f)  The inability of an individual  to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility.
(h) This section shall become operative on July 1, 2016.
(i) This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.