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



Current Version: 04/19/21 - Amended Assembly         Compare Versions information image


AB907:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 907


Introduced by Assembly Member Santiago
(Coauthors: Assembly Members Ting and Wicks)
(Coauthor: Senator Skinner)

February 17, 2021


An act to amend Sections 12810 and 40000.11 of, and to add Section 40000.27 to, the Vehicle Code, relating to vehicles. An act to amend Sections 13365 and 40000.11 of, and to add Section 40000.10 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 907, as amended, Santiago. Driver’s licenses: offenses and penalties.
Existing law authorizes a court to notify the Department of Motor Vehicles when a person has violated a written promise to appear on specified traffic allegations. Depending on the class of offense that prompts the notification from a court, existing law requires the department, upon receipt of the notification, to suspend the person’s driver’s license if specified conditions are met, such as a prior notification for a violation of a written promise to appear or when the license is already suspended. If a court has notified the department of a violation of a promise to appear, and the person subsequently appears and resolves the allegation, existing law requires the court to notify the department. Under existing law, a suspension continues until a person’s driving record shows no violation of a written promise to appear.
This bill would limit the department’s authority to suspend a driver’s license under the above provisions for a failure to appear to only those alleged violations that are a misdemeanor, other than an alleged violation for a failure to appear, or any felony.
Existing law prohibits a person from driving a motor vehicle upon a highway, unless the person then holds a valid driver’s license, or is expressly exempted from that prohibition. Under existing law, a violation of this prohibition constitutes an infraction, except with respect to an unlicensed driver, in which case a violation is a misdemeanor. Existing law makes it a misdemeanor for a person to drive a motor vehicle when the person’s driving privilege is suspended or revoked, except under specified circumstances. a misdemeanor.

Existing law authorizes a court to notify the Department of Motor Vehicles when a person has failed to appear 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 make it an infraction, rather than a misdemeanor, for a person to drive under a license that has been suspended for failure to appear, as specified. The bill also would repeal the misdemeanor penalty for unlicensed driving, thereby making a violation of that prohibition an infraction under all circumstances. The bill would set the fine for these infractions at $50 and would specify that the fine is not subject to additional fees or assessments.

This bill would make it an infraction, rather than a misdemeanor, to drive without a license for a first and 2nd violation, if the person has no prior suspensions or revocations of their driver’s license for specified offenses. The bill would make driving without a license either an infraction or a misdemeanor if a person has a prior suspension or revocation, as specified, or for a 3rd or subsequent violation.

Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point.

This bill would specify that a violation for driving without a valid license, or driving under a suspended license for violating a written promise to appear or failing to pay a lawfully imposed fine pursuant to specified provisions, does not result in a violation point.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 12810 of the Vehicle Code is amended to read:
12810.

In determining the violation point count, the following shall apply:

(a)A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.

(b)A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.

(c)A conviction of reckless driving shall be given a value of two points.

(d)(1)A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.

(2)A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.

(e)A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

(f)Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.

(g)A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

(h)A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.

(i)(1)A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

(2)A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.

(3)A violation of subdivision (d) of Section 21712 shall not result in a violation point count.

(4)A violation of Section 23136 shall not result in a violation point count.

(5)A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.

(j)A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.

(k)A violation for driving without a valid license, or driving under a suspended license for violating a written promise to appear or failing to pay a lawfully imposed fine pursuant to subdivision (a) or (b) of Section 40508, shall not result in a violation point count.

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:

(1)

(A) If the notice is given pursuant to subdivision (a) of Section 40509, if the and all of the following apply:
(i) 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 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, the department shall suspend the driving privilege of the person. section.

(2)

(B) If the notice is given pursuant to subdivision (a) of Section 40509.5, and if the 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.
(ii) 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 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.
(c) Section 12517, relating to a special driver’s certificate to operate a schoolbus or school pupil activity bus.
(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.
(e) Section 12519, subdivision (a), relating to a special driver’s certificate to operate a farm labor vehicle.
(f) Section 12520, relating to a special driver’s certificate to operate a tow truck.
(g) Section 12804, subdivision (d), relating to medical certificates.
(h) Section 12951, subdivision (b), relating to refusal to display license.
(i) Section 13004, relating to unlawful use of an identification card.
(j) Section 13004.1, relating to identification documents.
(k) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to driving with a suspended or revoked driver’s license.
(l) Section 14604, relating to unlawful use of a vehicle.
(m) Section 14610, relating to unlawful use of a driver’s license.
(n) Section 14610.1, relating to identification documents.
(o) Section 15501, relating to use of false or fraudulent license by a minor.

SEC. 3.Section 40000.27 is added to the Vehicle Code, to read:
40000.27.

(a)Notwithstanding subdivision (a) of Section 14601.1 or any other law, a person driving under a license that has been suspended by the department pursuant to Section 13365 for a violation of subdivision (a) of Section 40508, or an unlicensed driver or a person driving without a valid license as required by subdivision (a) of Section 12500, is guilty of an infraction.

(b)A violation of this section is punishable by a fine of fifty dollars ($50), which shall not be subject to any additional fee or assessment.