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SB-1105 Vehicles: driving offenses: prosecution.(2017-2018)

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Date Published: 04/04/2018 04:00 AM
SB1105:v98#DOCUMENT

Amended  IN  Senate  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1105


Introduced by Senator Skinner

February 13, 2018


An act to amend Section 41500 of, and to add Section 41500.5 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1105, as amended, Skinner. Vehicles: driving offenses: prosecution.
Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a misdemeanor nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against him or her at the time of commitment. Similarly, the driver’s license of that person is prohibited from being suspended, revoked, or application therefor denied, as a result of a misdemeanor nonfelony offense pending against him or her at the time of commitment that occurred prior to the time of commitment, or as a result of a failure to appear notice received by the Department of Motor Vehicles. Existing law requires Department of Motor Vehicles to remove from its records a failure to appear notice upon receipt of satisfactory evidence that a person was committed to custody.
This bill would additionally extend the above immunity from prosecution and the prohibitions regarding suspending the person’s driver’s license to a person upon completion of a sentence of 6 months 7 days or longer in a county jail, drug treatment center, work alternative program, or other alternative to incarceration if the person’s failure to complete that sentence would result in reincarceration. as a condition of probation. The bill would make these protections applicable to an offense committed while the person is temporarily released from custody, or on parole or postrelease community supervision.

This

The bill would make that person immune from to prosecution for an outstanding infraction or failure to appear, or from liability for any unpaid fine or assessments, and from having his or her driver’s license affected, under similar circumstances once the person has been incarcerated for 90 or more consecutive days in any once the person has been incarcerated for a cumulative 30 or more days in jail in any consecutive 12-month period subsequent to the date of the violation.
The bill would authorize an incarcerated or previously incarcerated incarcerated, previously incarcerated, or previously convicted person to request the above-described relief directly through the department or the courts, and would prescribe the duties of the department and the courts in that regard.
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 a misdemeanor nonfelony offense arising out of the operation of a motor vehicle or violation of this code as a pedestrian that is pending against him or her either (1) at the time of his or her commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, 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, or (2) upon at the completion of a sentence of six months seven days or longer in a county jail, drug treatment center, or other work alternative program, or any alternative to incarceration if the defendant’s failure to complete the sentence would result in reincarceration. as a condition of probation.
(b) Notwithstanding any other law, a driver’s license shall not be suspended or revoked, and the issuance or renewal of a license shall not be refused as a result of a pending misdemeanor nonfelony offense occurring (1) 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, or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, (2) prior to completion of a sentence of seven days or longer in a county jail, work alternative program, or any alternative to incarceration as a condition of probation, or (3) as a result of a notice received by the department pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5 when the offense that gave rise to the notice occurred (A) 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 Justice of the Department of Corrections and Rehabilitation. Rehabilitation, or (B) prior to completion of a sentence of seven days or more in a county jail, work alternative program, or any alternative to incarceration as a condition of probation.
(c) The department shall remove from its records notice received by it pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5 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, or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, or has completed a sentence of seven days or longer in a county jail, work alternative program, or other alternative to incarceration as a condition of probation, after the offense that gave rise to the notice occurred.
(d) The provisions of this section shall 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)The provisions of subdivisions (a), (b), and (c) do 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.

(f)

(e) The provisions of subdivisions (a), (b), and (c) do not apply if the pending offense is a violation of Section 23103, 23152, or 23153.

(g)

(f) A qualifying incarcerated or previously incarcerated incarcerated, previously incarcerated, or previously convicted person may request relief under this section, directly through the department or the courts. A court that receives a valid request under this section shall search its computer system for eligible pending matters and dispose of those matters appropriately. Within 15 days following receipt of the request, the court shall notify the department of the request and the department shall remove from its records a notice received by it pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5 from any county in the state.
(g) Relief under this section shall remain available at any time that any fine or assessment described in subdivision (a) remains unpaid or as long as the driver’s license of any qualifying incarcerated, previously incarcerated, or previously convicted person remains suspended or revoked as a result of a notice received by the department pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5.

SEC. 2.

 Section 41500.5 is added to the Vehicle Code, to read:

41500.5.
 (a) A person shall not be subject to prosecution for any infraction, outstanding infraction or failure to appear, or be liable for any unpaid fine or assessment, 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 once he or she has been incarcerated for 90 or more consecutive days in a 12-month period subsequent to the date of the infraction or failure to appear. once the person has been incarcerated for a cumulative 30 or more days in jail in any consecutive 12-month period subsequent to the date of the violation.
(b) Notwithstanding any other law, a driver’s license shall not be suspended or revoked, nor shall the issuance or renewal of a license be refused as a result of a pending infraction occurring prior to the 90 or more consecutive days of incarceration in a 12-month period the incarceration described in subdivision (a), or as a result of a notice received by the department pursuant to subdivision (a) of Section 40509, 40509, or subdivision (a) of Section 40509.5, if the offense infraction that gave rise to the notice occurred prior to the incarceration period of 90 or more consecutive days in a 12-month period. the incarceration described in subdivision (a).
(c) The department shall remove from its records a notice received by it pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5 upon receipt of satisfactory evidence that a person was incarcerated in any correctional institution for a period of 90 or more consecutive days in a 12-month period. as described in subdivision (a).
(d)  A qualifying incarcerated or previously incarcerated incarcerated, previously incarcerated, or previously convicted person may request relief under this section, directly through the department and or the courts. A court that receives a valid request under this section shall search its computer system for eligible pending matters and dispose of those matters appropriately. Within 15 days following receipt of the request, the court shall notify the department of the request and the department shall remove from its records a notice received by it pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5 from any county in the state.
(e) Relief under this section shall include dismissal of any outstanding assessments levied pursuant to subdivision (a) of Section 1214.1 of the Penal Code.
(f) Relief under this section shall remain available at any time that any fine or assessment described in subdivision (a) remains unpaid or as long as the driver’s license of any qualifying incarcerated, previously incarcerated, or previously convicted person remains suspended or revoked as a result of a notice received by the department pursuant to subdivision (a) of Section 40509 or subdivision (a) of Section 40509.5.