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AB-2145 Driving privilege: suspension.(2023-2024)

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Date Published: 02/06/2024 09:00 PM
AB2145:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2145

Introduced by Assembly Member Wilson
(Coauthors: Assembly Members Friedman and Santiago)
(Coauthor: Senator Umberg)

February 06, 2024

An act to amend Section 13362 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2145, as introduced, Wilson. Driving privilege: suspension.
Existing law authorizes the Department of Motor Vehicles, under specified circumstances, to require the surrender of a person’s driving privilege to operate a motor vehicle. Existing law requires a person’s privilege to operate a motor vehicle to be suspended upon notification by a bank or financial institution that a check has been dishonored when that check was presented to the department for payment of specified fines or fees.
Existing law authorizes the department to cancel a driver’s license certificate or endorsement under specified circumstances, including when the holder has failed to meet any requirements for issuance or retention of the certificate or endorsement. With respect to a driver’s license, existing law defines “cancellation” as the termination of a driver’s license certificate without prejudice and requires the holder to surrender the certificate.
Prior to canceling the privilege for a dishonored check, this bill would require the department to provide a 30-day notice to a person that their privilege to operate a motor vehicle will be canceled because of the dishonored check. The bill would require the notice to include the date on which the privilege will be suspended if the fees are unpaid. The bill would authorize the person to pay any fees due within the 30-day period to avoid the cancellation or surrender the driver’s license.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13362 of the Vehicle Code is amended to read:

13362.
 (a) The department may require the surrender to it of any a driver’s license which has been issued erroneously or which contains any erroneous or false statement, or which for any of the following reasons:
(1) The license has been issued erroneously.
(2) The license contains an erroneous or false statement, including the submission of a dishonored check.
(3) The license does not contain any notation required by law or by the department. In the event
(b) Prior to cancellation of a driver’s license for a dishonored check, the department shall provide, in writing, a 30-day notice to the person that their privilege to operate a motor vehicle will be canceled as a result of the dishonored check. The person may pay any fees due to avoid the cancellation or surrender their license during that 30-day period. The notice to the person shall include the date that their license will be suspended if they do not pay the fees.
(c) If a licensee does not surrender the license upon proper demand, the department may suspend the licensee’s privilege to operate a motor vehicle. The suspension shall continue until the correction of the license by the department or until issuance of another license or temporary license in lieu thereof.