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

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AB877:v96#DOCUMENT

Amended  IN  Senate  August 29, 2011
Amended  IN  Assembly  May 27, 2011
Amended  IN  Assembly  March 25, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 877


Introduced  by  Assembly Member Skinner

February 17, 2011


An act to amend Section 41500 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 877, as amended, Skinner. Vehicles: nonfelony offenses and infractions: removal of records.
Existing law requires that a person not be subject to prosecution for any nonfelony offense arising out of the operation of a motor vehicle, or a violation of the Vehicle 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 or the Division of Juvenile Facilities.
Existing law requires, notwithstanding any other law to the contrary, that a driver’s license shall not be suspended or revoked or the issuance or renewal of that license be refused as a result of a pending nonfelony offense occurring prior to the time a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities or as a result of a notice received by the Department of Motor Vehicles from a court, a magistrate, or a clerk of that court if the offense that gave rise to the notice occurred prior to the time that the person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities.
Existing law also requires the Department of Motor Vehicles to remove from its records any notice received by it from a court, a magistrate, or a clerk of that court upon receipt of satisfactory evidence that a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities after the offense that gave rise to the notice occurred.
This bill would also apply these provisions and the exemption from prosecution to a person for any pending infraction arising out of the operation of a motor vehicle or for a violation of the Vehicle 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 41500 of the Vehicle Code is amended to read:

41500.
 (a) A person shall not be subject to prosecution for 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 or the Division of Juvenile Facilities, or upon.serving 90 days or longer in a consecutive 12-month period in a county jail or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention.
(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 to the contrary, a driver’s license shall not be suspended or revoked or the issuance or renewal of that license 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 Facilities, or a county jail 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 if the offense that gave rise to the notice occurred prior to the time the person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile 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 Facilities, or a county jail 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) 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) Subdivision (a), (b), or (c) (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.

(f)

(g) Subdivision (a), (b), or (c) (c), or (d) does not apply if the pending offense is a violation of Section 23103, 23152, or 23153.