BILL NUMBER: SB 597	CHAPTERED  07/21/05

	CHAPTER  109
	FILED WITH SECRETARY OF STATE  JULY 21, 2005
	APPROVED BY GOVERNOR  JULY 21, 2005
	PASSED THE SENATE  JULY 7, 2005
	PASSED THE ASSEMBLY  JULY 5, 2005
	AMENDED IN ASSEMBLY  JUNE 16, 2005
	AMENDED IN SENATE  APRIL 11, 2005
	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Torlakson

                        FEBRUARY 18, 2005

   An act to amend Section 1861.025 of the Insurance Code, relating
to auto insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 597, Torlakson  Good driver discounts: drunk drivers.
   Existing law provides that a person is qualified to purchase a
Good Driver Discount auto insurance policy if he or she meets
specified criteria, including not having been convicted of specified
offenses relating to driving while intoxicated during the previous 7
years. The above provisions are amendments of Proposition 103, an
initiative statute that may be amended by the Legislature only by a
2/3 vote and in furtherance of its purposes.
   This bill would change the period during which a person must not
have been convicted of one of these offenses to the period commencing
on January 1, 1999, or the date 10 years prior to the date of
application for the issuance or renewal of the Good Driver Discount
policy, whichever is later, and ending on the date of the application
for the issuance or renewal of the Good Driver Discount policy.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1861.025 of the Insurance Code is amended to
read:
   1861.025.  A person is qualified to purchase a Good Driver
Discount policy if he or she meets all of the following criteria:
   (a) He or she has been licensed to drive a motor vehicle for the
previous three years.
   (b) During the previous three years, he or she has not done any of
the following:
   (1) Had more than one violation point count determined as provided
by subdivision (a), (b), (c), (d), (e), (g), or (h) of Section 12810
of the Vehicle Code, but subject to the following modifications:
   For the purposes of this section, the driver of a motor vehicle
involved in an accident for which he or she was principally at fault
that resulted only in damage to property shall receive one violation
point count, in addition to any other violation points that may be
imposed for this accident.
   If, under Section 488 or 488.5, an insurer is prohibited from
increasing the premium on a policy on account of a violation, that
violation shall not be included in determining the point count of the
person.
   If a violation is required to be reported under Section 1816 of
the Vehicle Code, or under Section 784 of the Welfare and
Institutions Code, or any other provision requiring the reporting of
a violation by a minor, the violation shall be included for the
purposes of this section in determining the point count in the same
manner as is applicable to adult violations.
   (2) Had more than one dismissal pursuant to Section 1803.5 of the
Vehicle Code that was not made confidential pursuant to Section
1808.7 of the Vehicle Code, in the 36-month period for violations
that would have resulted in the imposition of more than one violation
point count under paragraph (1) if the complaint had not been
dismissed.
   (3) Was the driver of a motor vehicle involved in an accident that
resulted in bodily injury or in the death of any person and was
principally at fault. The commissioner shall adopt regulations
setting guidelines to be used by insurers for the determination of
fault for the purposes of this paragraph and paragraph (1).
   (c) During the period commencing on January 1, 1999, or the date
10 years prior to the date of application for the issuance or renewal
of the Good Driver Discount policy, whichever is later, and ending
on the date of the application for the issuance or renewal of the
Good Driver Discount policy, he or she has not been convicted of a
violation of Section 23140, 23152, or 23153 of the Vehicle Code, a
felony violation of Section 23550 or 23566, or former Section 23175
or, as those sections read on January 1, 1999, of the Vehicle Code,
or a violation of Section 191.5 or paragraph (3) of subdivision (c)
of Section 192 of the Penal Code.
   (d) Any person who claims that he or she meets the criteria of
subdivisions (a), (b), and (c) based entirely or partially on a
driver's license and driving experience acquired anywhere other than
in the United States or Canada is rebuttably presumed to be qualified
to purchase a Good Driver Discount policy if he or she has been
licensed to drive in the United States or Canada for at least the
previous 18 months and meets the criteria of subdivisions (a), (b),
and (c) for that period.