BILL NUMBER: AB 1086 CHAPTERED 10/06/05 CHAPTER 571 FILED WITH SECRETARY OF STATE OCTOBER 6, 2005 APPROVED BY GOVERNOR OCTOBER 6, 2005 PASSED THE ASSEMBLY SEPTEMBER 8, 2005 PASSED THE SENATE AUGUST 30, 2005 AMENDED IN SENATE JUNE 27, 2005 AMENDED IN ASSEMBLY MAY 3, 2005 AMENDED IN ASSEMBLY MARCH 31, 2005 INTRODUCED BY Assembly Member Lieber FEBRUARY 22, 2005 An act to amend Sections 1803, 1807, and 12810 of, and to add Section 38301.3 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1086, Lieber Vehicles: operation: state wilderness areas. (1) Existing law prohibits the use of a motor vehicle in an area designated as a state wilderness area, and makes a violation of a rule or regulation established by the Department of Parks and Recreation pursuant to this prohibition a misdemeanor, punishable by imprisonment in the county jail for not more than 90 days, or by a fine of not more than $1,000, or by both the fine and imprisonment. The court, upon considering the recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction, which is punishable by a fine of not less than $10 nor more than $1,000. Existing law requires that a person convicted of violating a local ordinance that prohibits entry into all or portions of an area designated by ordinance as a mountain fire district be punished by certain fines for 1st and 2nd offenses, and by certain fines or terms of imprisonment, or both, for 3rd or subsequent offenses. Additionally, the court may order impoundment of the vehicle used in a 3rd or subsequent offense for not more than 30 days at the owner's expense, if the person convicted owns the vehicle and the vehicle is subject to identification as an off-road vehicle. This bill would require, notwithstanding the provisions of existing law described above that impose different penalties, and to the extent authorized under federal law, that a person who violates a state or federal regulation that prohibits entry of a motor vehicle into all or portions of an area designated as a federal or state wilderness area is guilty of a public offense and shall be punished by certain fines for 1st and 2nd offenses, and by certain fines or terms of imprisonment, or both, for 3rd or subsequent offenses. Additionally, the court would be authorized to order impoundment of the vehicle used in a 3rd or subsequent offense for not more than 30 days at the owner's expense, if the person convicted owns the vehicle and the vehicle is subject to registration or subject to identification as an off-road vehicle. To the extent that the bill would make violation of a state or federal regulation a crime, it would impose a state-mandated local program by creating new crimes. (2) Existing law requires the clerk of a court in which a person was convicted of any violation of the Vehicle Code to prepare within 10 days after conviction and immediately forward to the Department of Motor Vehicles at its office in Sacramento an abstract of the record of the court covering the case in which the person was so convicted. The department is required to maintain records of convictions for as long as they may form the basis of license suspensions or revocations as prior convictions or with other records of conviction constitute a person a "negligent driver." Existing law exempts from this reporting requirement a conviction of a violation of certain provisions relating to off-highway vehicles. This bill would delete from the exemption specified above a conviction of the public offense described above prohibiting entry of a motor vehicle into all or portions of an area designated as a federal or state wilderness area, thus making that conviction subject to the specified reporting requirement. The bill would require the department to maintain records of convictions of the specified public offense for 7 years. (3) Existing law assigns traffic violation point counts to convictions of certain traffic violations, for the purposes of determining whether a person is a negligent operator of a motor vehicle subject to certain driver's license suspension or revocation provisions. This bill would prohibit assignment of a traffic violation point count to a conviction of the public offense described above prohibiting entry of a motor vehicle into all or portions of an area designated as a federal or state wilderness area. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1803 of the Vehicle Code, as amended by Section 2 of Chapter 551 of the Statutes of 2004, is amended to read: 1803. (a) The clerk of a court in which a person was convicted of any violation of this code, was convicted of any violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, was convicted of any violation of Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code, or any violation of Section 191.5 of the Penal Code when the conviction resulted from the operation of a vessel, was convicted of any offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code, was convicted of any felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in or incidental to the commission of the offense, or was convicted of any violation of any other statute relating to the safe operation of vehicles, shall prepare within 10 days after conviction and immediately forward to the department at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within 10 days after sentencing and the abstract shall be certified by the person so required to prepare it to be true and correct. For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction. (b) The following violations are not required to be reported under subdivision (a): (1) Division 3.5 (commencing with Section 9840). (2) Section 21113, with respect to parking violations. (3) Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526. (4) Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301). (5) Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550). (6) Violations for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter. (7) Division 16.5 (commencing with Section 38000), except Section 38301.3. (8) Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226. (c) If the court impounds a license, or orders a person to limit his or her driving pursuant to subdivision (d) of Section 40508, the court shall notify the department concerning the impoundment or limitation on an abstract prepared pursuant to subdivision (a) of this section or on a separate abstract, which shall be prepared within 10 days after the impoundment or limitation was ordered and immediately forwarded to the department at its office in Sacramento. (d) If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a). (e) Within 10 days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department at its office in Sacramento an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law. SEC. 2. Section 1807 of the Vehicle Code is amended to read: 1807. (a) The department is not required to maintain records relating to drivers of motor vehicles after the records are, in the opinion of the director, no longer necessary, except as follows: (1) Records of convictions shall be maintained so long as they may form the basis of license suspensions or revocations as prior convictions or with other records of conviction constitute a person a "negligent driver." (2) Records of convictions of violating Section 38301.3 shall be maintained for seven years. (b) Records that are not required to be maintained may be destroyed with the approval of the Department of General Services. SEC. 3. Section 12810 of the Vehicle Code is amended to read: 12810. In determining the violation point count, the following shall apply: (a) Any 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) Any conviction of a violation of Section 23152 or 23153 shall be given a value of two points. (c) Any conviction of reckless driving shall be given a value of two points. (d) (1) Any conviction of a violation of 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, or Section 31602 of this code, shall be given a value of two points. (2) Any conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points. (e) Any 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) Any traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point. (h) Any 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) Any 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 Section 23136 shall not result in a violation point count. (4) A violation of Section 38301.3 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. SEC. 4. Section 38301.3 is added to the Vehicle Code, to read: 38301.3. Notwithstanding subdivision (d) of Section 5008 of the Public Resources Code, or any other provision of state law, and to the extent authorized under federal law, a person who violates a state or federal regulation that prohibits entry of a motor vehicle into all or portions of an area designated as a federal or state wilderness area is guilty of a public offense and shall be punished as follows: (a) Except as provided in subdivisions (b) and (c), the offense is an infraction punishable by a fine not exceeding one hundred fifty dollars ($150). (b) For a second offense committed within seven years after a prior violation for which there was a conviction punishable under subdivision (a), the offense is an infraction punishable by a fine not exceeding two hundred twenty-five dollars ($225). (c) (1) For a third or subsequent offense committed within seven years after two or more prior violations for which there were convictions punishable under this section, the offense is a misdemeanor punishable by a fine not exceeding three hundred dollars ($300) or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment. (2) In addition to the fine imposed under paragraph (1), the court may order impoundment of the vehicle used in the offense under the following conditions: (A) The person convicted under this subdivision is the owner of the vehicle. (B) The vehicle is subject to Section 4000 or 38010. (3) The period of impoundment imposed pursuant to this subdivision shall be not less than one day nor more than 30 days. The impoundment shall be at the owner's expense. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.