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SB-237 Crimes: Infractions.(2017-2018)

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Date Published: 09/11/2017 09:38 PM
SB237:v96#DOCUMENT

Amended  IN  Assembly  September 11, 2017
Amended  IN  Assembly  September 08, 2017
Amended  IN  Assembly  June 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 237


Introduced by Senator Hertzberg

February 06, 2017


An act to amend Section 13365 of the Vehicle Code, relating to infractions.


LEGISLATIVE COUNSEL'S DIGEST


SB 237, as amended, Hertzberg. Crimes: Infractions.
Prior to June 27, 2017, a court was authorized to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person’s driver’s license upon receipt of one of those notices, as specified.
This bill would invalidate any suspension placed on a driver’s license pursuant to that law and reinstate a person’s driving privileges if, and, on or before July 1, 2018, require the department to remove any suspension imposed before June 27, 2017, they were suspended for failure to make specified payments.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that this act shall not be interpreted to alter existing law regarding suspension of the privilege to operate a motor vehicle in connection with any of the following violations:
(a) Reckless driving, pursuant to Section 23103 of the Vehicle Code.
(b) Reckless driving proximately causing bodily injury to a person, pursuant to Sections 23104 and 23105 of the Vehicle Code.
(c) Driving under the influence of alcohol, drugs, or both, pursuant to Section 23152 of the Vehicle Code.
(d) Driving under the influence of alcohol, drugs, or both, and causing bodily injury to another person, pursuant to Section 23153 of the Vehicle Code.

SECTION 1.SEC. 2.

 Section 13365 of the Vehicle Code, as amended by Section 51 of Chapter 17 of the Statutes of 2017, is amended to read:

13365.
 (a) Upon receipt of notification of a violation of subdivision (a) of Section 40508, the department shall take the following action:
(1) If the notice is given pursuant to subdivision (a) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person’s driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.
(2) If the notice is given pursuant to subdivision (a) of Section 40509.5, and if the driving privilege of the person who is the subject of the notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.
(b) (1) A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).
(2) The suspension shall continue until the suspended person’s driving record does not contain any notification of a violation of subdivision (a) of Section 40508.
(c) (1) Any suspension of a person’s driving privilege imposed prior to June 27, 2017, pursuant to this section, as it read prior to June 27, 2017, based on a notice pursuant to subdivision (b) of Section 40509, as that subdivision read prior to June 27, 2017, or subdivision (b) of Section 40509.5, as that subdivision read prior to June 27, 2017, or based on a notice pursuant to subdivision (a) of Section 40509 where the suspension was imposed because the person’s driving record contained a prior notification of a violation issued pursuant to subdivision (b) of Section 40509, as that subdivision read prior to June 27, 2017, or subdivision (b) of Section 40509.5, as that subdivision read prior to June 27, 2017, shall no longer be valid as of June 27, 2017, and the driving privilege of the person shall be reinstated. 2017.
(2) On or before July 1, 2018, the department shall remove any suspension described in paragraph (1).