Today's Law As Amended


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AB-877 Vehicles: nonfelony offenses and infractions: removal of records.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 41500 of the Vehicle Code is amended to read:

41500.
 (a) A person shall not be subject to prosecution for a any  nonfelony offense arising out of the operation of a motor vehicle or a  violation of this code as a pedestrian that is pending against him or her at the time of his or her commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation,  Rehabilitation or  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. Facilities. 
(b) A person shall not be subject to prosecution for any infraction arising out of the operation of a motor vehicle or a violation of this code as a pedestrian upon serving 90 days or longer in a consecutive 12-month period after the date of the violation in a county jail or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention.
(b) (c)  Notwithstanding any other law,  law to the contrary,  a driver’s license shall not be suspended or revoked, and revoked or  the issuance or renewal of a that  license shall not  be refused as a result of a pending nonfelony offense pursuant to subdivision (a), or a pending infraction pursuant to subdivision (b),  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,  Facilities,  or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, or  or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention  as a result of a notice received by the department pursuant to subdivision (a) of Section 40509 when if  the offense that gave rise to the notice occurred prior to the time a the  person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or  Rehabilitation,  the Division of Juvenile Justice of the Department of Corrections and Rehabilitation. Facilities, or a county jail or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention. 
(c) (d)  The department shall remove from its records any  notice received by it pursuant to subdivision (a) of 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,  Facilities,  or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code,  or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention  after the offense that gave rise to the notice occurred.
(d) (e)  The provisions of this section shall This section does  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) (f)  The provisions of subdivisions (a), (b), and (c) do  Subdivision (a), (b), (c), or (d) does  not apply to an offense committed by a person while he or she is temporarily released from custody pursuant to law or while he or she is on parole or postrelease community supervision. parole. 
(f) (g)  The provisions of subdivisions (a), (b), and (c) do Subdivision (a), (c), or (d) does  not apply if the pending offense is a violation of Section 23103, 23152, or 23153.