Today's Law As Amended


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AB-907 Driver’s licenses: offenses and penalties.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 13365 of the Vehicle Code is amended to read:

13365.
 (a) (1)  Upon receipt of notification of a violation of subdivision (a) of Section 40508, the department shall take the following action: suspend the driving privilege of the person who is the subject of the notice as follows: 
(A) If the notice is given pursuant to subdivision (a) of Section 40509, and all of the following apply:
(1) (i)  If the notice is given pursuant to subdivision (a) of Section 40509, if the  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. 40509.5. 
(ii) The alleged violation that prompts the notification is a misdemeanor, other than an alleged violation for a failure to appear, or any felony.
(iii) The person’s driving privilege is not currently suspended under this section.
(B) If the notice is given pursuant to subdivision (a) of Section 40509.5, and both of the following apply:
(i) The alleged violation that prompts the notification is a misdemeanor, other than an alleged violation for a failure to appear, or any felony.
(2) (ii)  If the notice is given pursuant to subdivision (a) of Section 40509.5, and if the  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. section. 
(2) The department shall not suspend a driver’s license pursuant to this subdivision if the alleged violation is an infraction.
(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.

SEC. 2.

 Section 40000.10 is added to the Vehicle Code, to read:

40000.10.
 A violation of subdivision (a) of Section 12500 shall be punished as follows:
(a) Except as provided in subdivision (b), as an infraction by a fine of one hundred dollars ($100) for a first or second violation. No additional fees, assessments, surcharges, or penalties shall be added to the fine amount.
(b) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code if a person has a prior driver’s license suspension or revocation for a violation of subdivision (e) of Section 12809, or of Section 13353, 13353.1, 13353.2, 23103, 23104, 23105, 23109, 23152, 23153, or 23154.
(c) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code for a third or subsequent violation.

SEC. 2.SEC. 3.

 Section 40000.11 of the Vehicle Code is amended to read:

40000.11.
 A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a) Division 5 (commencing with Section 11100), relating to occupational licensing and business regulations.  
(b) Section 12500, subdivision (a), relating to unlicensed drivers.
(c) (b)  Section 12515, subdivision (b), relating to persons under 21 years of age driving, and the employment of those persons to drive, vehicles engaged in interstate commerce or transporting hazardous substances or wastes.
(d) (c)  Section 12517, relating to a special driver’s certificate to operate a schoolbus or school pupil activity bus.
(e) (d)  Section 12517.45, relating to a special driver’s certificate and vehicle inspection for the transportation of pupils to or from school-related activities by a passenger charter-party carrier as defined in subdivision (k) paragraph (11) of subdivision (a)  of Section 545.
(f) (e)  Section 12519, subdivision (a), relating to a special driver’s certificate to operate a farm labor vehicle.
(g) (f)  Section 12520, relating to a special driver’s certificate to operate a tow truck.
(h) (g)  Section 12804, subdivision (d), relating to medical certificates.
(i) (h)  Section 12951, subdivision (b), relating to refusal to display license.
(j) (i)  Section 13004, relating to unlawful use of an identification card.
(k) (j)  Section 13004.1, relating to identification documents.
(l) (k)  Sections 14601, 14601.1, 14601.2, and 14601.5, relating to driving with a suspended or revoked driver’s license.
(m) (l)  Section 14604, relating to unlawful use of a vehicle.
(n) (m)  Section 14610, relating to unlawful use of a driver’s license.
(o) (n)  Section 14610.1, relating to identification documents.
(p) (o)  Section 15501, relating to use of false or fraudulent license by a minor.