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AB-2724 Inmates: driver’s licenses.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2724:v98#DOCUMENT

Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2724


Introduced by Assembly Members Eggman and Gipson
(Coauthor: Assembly Member Jones-Sawyer)
(Coauthor: Senator Hertzberg)

February 15, 2018


An act to add Section 3007.06 to the Penal Code, relating to inmates.


LEGISLATIVE COUNSEL'S DIGEST


AB 2724, as amended, Eggman. Inmates: driver’s licenses.
Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines “eligible inmate” for those purposes.
This bill would require the Department of Corrections and Rehabilitation to work with and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons inmates, as defined, have the privilege to operate a motor vehicle. vehicle upon release from state prison. The bill would require the Department of Motor Vehicles and the Department of Corrections and Rehabilitation to provide an eligible inmate with a specified form to renew his or her driver’s license by mail, upon request. The bill would provide that in the event the inmate has unpaid fines and penalties if a person has a suspended driver’s license as a result of delinquent court-ordered debt that would otherwise be required to be paid before issuance of a driver’s license, the Department of Motor Vehicles is required to issue a restricted driver’s license would be issued and restricted to only allowing, among other things, necessary travel to and from work, to attend school, or to comply with conditions of release. The bill would require the person to make payments for unpaid fines or penalties to eliminate or reduce any delinquent court-ordered debt during the time that his or her driver’s license is restricted and would provide that the restriction would be lifted once the fines and penalties are paid off, and the person has otherwise complied with these provisions. The bill would define “eligible inmate” for those purposes. person has paid the amount due for delinquent court-ordered debt. The bill would prohibit a penalty fee from being assessed to obtain a restricted driver’s license pursuant to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3007.06 is added to the Penal Code, to read:

3007.06.
 (a) (1) The Department of Corrections and Rehabilitation shall work with and the Department of Motor Vehicles to shall ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a driver’s license. vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a driver’s license, or reinstate a suspended driver’s license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.
(2) The Department of Motor Vehicles and the Department of Corrections and Rehabilitation shall provide an eligible inmate a California Driver License Renewal by Mail Eligibility Information form (DL 410 FO), upon request.

(2)(A)If an inmate has unpaid fines or penalties that

(b) If a person has a suspended driver’s license as a result of delinquent court-ordered debt that would otherwise be required to be paid before a driver’s license is issued, the driver’s license shall be restricted to the issued, the Department of Motor Vehicles shall issue a restricted driver’s license. A penalty fee shall not be assessed to obtain a restricted driver’s license pursuant to this section. The restricted driver’s license shall be limited to necessary travel to and from that person’s place of employment, to attend school, to comply with conditions of the person’s parole or postrelease community supervision or any other conditions of release, or upon permission from the person’s parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the restriction may allow driving that is within that person’s scope of employment.

(B)The driver’s license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid.

(c) During the time that the driver’s license is restricted, the person shall make payments to eliminate or reduce any delinquent court-ordered debt. The person shall maintain proof of financial responsibility while licensed. The restriction shall be lifted when the person has paid the amount due for delinquent court-ordered debt.

(b)

(d) For purposes of this section, “eligible inmate” means an inmate who meets all of the following requirements:
(1) The inmate has previously held a California driver’s license or identification card.
(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.
(3) The inmate is serving a determinate term and has a release date.

(3)

(4) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:
(A) The inmate’s true full name.
(B) The inmate’s date of birth.
(C) The inmate’s social security number.