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AB-2357 Driver’s licenses: renewal.(2017-2018)

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Date Published: 06/06/2018 09:11 AM
AB2357:v97#DOCUMENT

Amended  IN  Senate  June 06, 2018
Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2357


Introduced by Assembly Member Voepel

February 13, 2018


An act to amend Section 13384 12814 of the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 2357, as amended, Voepel. Driver’s licenses: renewal.
Existing law prohibits the Department of Motor Vehicles from issuing or renewing a driver’s license to a person unless the person consents in writing to submit to a chemical test or tests of that person’s blood, breath, or urine, or a preliminary alcohol screening test, for purposes of determining if the person is driving under the influence of alcohol or drugs, as specified. Existing law specifies the content of the written consent. requires an application for renewal of a driver’s license to be made at an office of the Department of Motor Vehicles by the person to whom the license was issued. Existing law requires renewal of a license to be under the terms and conditions prescribed by the department, and authorizes the department to require an examination of the applicant as upon an original application, 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.
This bill would require a driver’s license renewal notice for a person who is required to pass a written knowledge examination in order to renew his or her driver’s license to provide written notice of that requirement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12814 of the Vehicle Code 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 may in its discretion 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 which 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, 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 those regulations as shall be deemed 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.

(d)This section shall become operative on January 1, 2011.

(d) A driver’s license renewal notice for a person who is required to pass a knowledge examination in order to renew his or her driver’s license shall provide written notice of that requirement.

SECTION 1.Section 13384 of the Vehicle Code is amended to read:
13384.

(a)The department shall not issue or renew a driver’s license to any person unless the person consents in writing to submit to a chemical test or tests of that person’s blood, breath, or urine pursuant to Section 23612, or a preliminary alcohol screening test pursuant to Section 23136, when requested to do so by a peace officer.

(b)All application forms for driver’s licenses or driver’s license renewal notices shall include a requirement that the applicant sign the following declaration as a condition of licensure:

“I agree to submit to a chemical test of my blood, breath, or urine for the purpose of determining the alcohol or drug content of my blood when testing is requested by a peace officer acting in accordance with Section 13388 or 23612 of the Vehicle Code.”

(c)The department is not, incident to this section, required to maintain, copy, or store any information other than that to be incorporated into the standard application form.

(d)A driver’s license renewal notice for a person who is required to pass a written examination in order to renew his or her driver’s license shall provide written notice of that requirement.