BILL NUMBER: AB 430 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2007
PASSED THE ASSEMBLY SEPTEMBER 4, 2007
AMENDED IN SENATE AUGUST 27, 2007
AMENDED IN SENATE JUNE 26, 2007
AMENDED IN ASSEMBLY MAY 14, 2007
AMENDED IN ASSEMBLY MAY 8, 2007
INTRODUCED BY Assembly Member Benoit
FEBRUARY 16, 2007
An act to amend Section 68152 of the Government Code, to amend
Sections 488 and 670 of the Insurance Code, to amend Sections
1203.45, 1463.14, 1463.16, and 1463.17 of the Penal Code, and to
amend Sections 11110, 11215, 12810, 13201, 13351, 13352, 14601,
21051, 23103, 23104, 40800, 40804, 41610, 42008.5, 42009, and 42010
of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 430, Benoit. Vehicles: speed contests and reckless driving.
(1) Existing law requires persons convicted of either reckless
driving, or of engaging in motor vehicle speed contests, that
proximately cause one or more of various specified injuries to a
person, other than the driver, to be punished by imprisonment in the
state prison, or by imprisonment in a county jail for not less than
30 days nor more than 6 months, or by a specified fine, or by both
the fine and imprisonment. Any violation of the Vehicle Code is a
crime.
This bill would include one or both of those crimes within the
scope of various existing statutes including, among others,
provisions relating to time limits for destruction of court records;
exceptions to requirements that insurance companies not raise premium
rates where the insured or applicant has been convicted of a traffic
violation while driving an employer's vehicle during the course and
scope of employment; exceptions to requirements that insurance
companies not cancel or refuse to renew commercial motor vehicle
liability policies where employed drivers have been convicted of
traffic violations while driving vehicles not owned or leased by the
employer; allocation of specified fines to certain programs;
suspension or revocation of driver's licenses; violation point counts
and penalties; arrest procedures; and voluntary county amnesty
programs.
(2) Because this bill would increase penalties for crimes and
require additional duties on local governments, the bill would impose
a state-mandated local program.
(3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(4) This bill would incorporate additional changes in Section
68152 of the Government Code proposed by AB 1248, to be operative if
AB 1248 and this bill are both enacted and become effective on or
before January 1, 2008, and this bill is enacted last.
(5) This bill would incorporate additional changes in Section
1463.17 of the Penal Code proposed by AB 227, to be operative if AB
227 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
(6) This bill would incorporate additional changes in Section
11110 of the Vehicle Code proposed by AB 678, to be operative if AB
678 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
(7) This bill would incorporate additional changes in Section
11215 of the Vehicle Code proposed by AB 678, to be operative if AB
678 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
(8) This bill would incorporate additional changes in Section
12810 of the Vehicle Code proposed by AB 678, to be operative if AB
678 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
(9) This bill would incorporate additional changes in Section
13351 of the Vehicle Code proposed by AB 678, to be operative if AB
678 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
(10) This bill would incorporate additional changes in Section
42009 of the Vehicle Code proposed by AB 1165, to be operative if AB
1165 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
(11) This bill would incorporate additional changes in Section
42010 of the Vehicle Code proposed by AB 1165, to be operative if AB
1165 and this bill are both enacted and become effective on or before
January 1, 2008, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68152 of the Government Code is amended to
read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and renewals, then retain the restraining or other
orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: 10 years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code: records shall be destroyed two years from the
date of conviction or from the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Infraction, except as otherwise specified: three years.
(11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(12) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching age
21 or five years after jurisdiction over the person has terminated
under subdivision (c) of Section 826 of the Welfare and Institutions
Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the disposition
of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been taken
in criminal and juvenile proceedings and five years after the notes
have been taken in all other proceedings, except notes reporting
proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after final
disposition of the case in infraction and misdemeanor proceedings,
10 years in all other criminal proceedings, and five years in all
other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time either
before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
(13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases: same period as period for retention of the records in
the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of the court records under this section shall be
extended as follows:
(1) By order of the court on its own motion, or on application of
a party or an interested member of the public for good cause shown
and on those terms as are just. A fee shall not be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 1.5. Section 68152 of the Government Code is amended to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and renewals, then retain the restraining or other
orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: 10 years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code: records shall be destroyed two years from the
date of conviction or from the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006.
(11) Infraction, except as otherwise specified: three years.
(12) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching age
21 or five years after jurisdiction over the person has terminated
under subdivision (c) of Section 826 of the Welfare and Institutions
Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the disposition
of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been taken
in criminal and juvenile proceedings and five years after the notes
have been taken in all other proceedings, except notes reporting
proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after final
disposition of the case in infraction and misdemeanor proceedings,
10 years in all other criminal proceedings, and five years in all
other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time either
before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
(13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases: same period as period for retention of the records in
the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of the court records under this section shall be
extended as follows:
(1) By order of the court on its own motion, or on application of
a party or an interested member of the public for good cause shown
and on those terms as are just. A fee shall not be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 2. Section 488 of the Insurance Code is amended to read:
488. No insurer shall, in issuing or renewing a private passenger
automobile insurance policy, increase the premium on that policy for
the reason that the insured or applicant for insurance has been
convicted for traffic violations committed while operating a motor
vehicle for compensation during the hours of his employment if, with
respect to a conviction, the employee or applicant has submitted to
the insurer a written declaration made by the employee under penalty
of perjury that the applicant or insured was, at that time, operating
a motor vehicle for compensation during the hours of his or her
employment. This section applies only to those individuals whose
specific duties include driving their employer's motor vehicles or
individuals who have authority in their name from the Public
Utilities Commission to operate as a highway carrier and who are the
registered owners or lease operators of the motor vehicle used in the
operation as a highway carrier.
This section does not apply to an insured or applicant for
insurance convicted of any of the following:
(a) Homicide or assault arising out of the operation of a motor
vehicle for compensation during the hours of employment.
(b) A violation while operating a motor vehicle for compensation
during the hours of employment of any of the following sections or
section subdivisions of the Vehicle Code:
(1) Subdivision (a) of Section 14601.
(2) Subdivision (a) of Section 14601.1.
(3) Subdivision (a) of Section 14601.2.
(4) Section 20001 or 20002.
(5) Subdivision (a) of Section 20008.
(6) Section 23103, 23104, 23105, 23152, or 23153.
(c) This section shall not apply to a person insured under the
California assigned risk plan prescribed by Article 4 (commencing
with Section 11620) of Chapter 1 of Part 3 of Division 2.
SEC. 3. Section 670 of the Insurance Code is amended to read:
670. (a) No admitted insurer licensed to issue motor vehicle
liability policies, as defined in Section 16450 of the Vehicle Code,
shall cancel, or refuse to renew, a motor vehicle liability insurance
policy covering drivers hired to drive by a commercial business
establishment nor execute the agreement specified in paragraph (1) of
subdivision (d) of Section 11580.1 with respect to those drivers for
the reason that those drivers have been convicted of violations of
the Vehicle Code or the traffic laws of any subdivision of the state
that were committed while operating private passenger vehicles not
owned or leased by their employer.
(b) This section does not apply to drivers convicted of any of the
following:
(1) Homicide or assault arising out of the operation of a private
passenger motor vehicle.
(2) A violation while operating a private passenger motor vehicle
of any of the following sections or section subdivisions of the
Vehicle Code:
(A) Subdivision (a) of Section 14601.
(B) Subdivision (a) of Section 14601.1.
(C) Subdivision (a) of Section 14601.2.
(D) Section 20001 or 20002.
(E) Subdivision (a) of Section 20008.
(F) Section 23104 or 23105.
(G) Subdivision (c) of Section 23152.
(H) Section 23153.
(3) A violation, while operating a private passenger motor
vehicle, of subdivision (a) or (b) of Section 23152 of the Vehicle
Code punishable under Section 23540 or 23546 of the Vehicle Code.
SEC. 4. Section 1203.45 of the Penal Code is amended to read:
1203.45. (a) In a case in which a person was under the age of 18
years at the time of commission of a misdemeanor and is eligible for,
or has previously received, the relief provided by Section 1203.4 or
1203.4a, that person, in a proceeding under Section 1203.4 or
1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether defendant was acquitted or charges were
dismissed. If the court finds that the person was under the age of 18
at the time of the commission of the misdemeanor, and is eligible
for relief under Section 1203.4 or 1203.4a or has previously received
that relief, it may issue its order granting the relief prayed for.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
(b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
(c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
(B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
(e) This section shall apply in a case in which a person was under
the age of 21 at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
(f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) A person who petitions for an
order sealing a record under this section may be required to
reimburse the court for the actual cost of services rendered, whether
or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the court not to exceed one
hundred twenty dollars ($120), and to reimburse the county for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the county board of supervisors not to exceed one
hundred twenty dollars ($120), and to reimburse any city for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the city council not to exceed one hundred twenty
dollars ($120). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in a case in which the petitioner appears to
have the ability to pay, without undue hardship, all or any portion
of the cost for services established pursuant to this subdivision.
SEC. 5. Section 1463.14 of the Penal Code is amended to read:
1463.14. (a) Notwithstanding the provisions of Section 1463, of
the moneys deposited with the county treasurer pursuant to Section
1463, fifty dollars ($50) of each fine collected for each conviction
of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the
Vehicle Code shall be deposited in a special account that shall be
used exclusively to pay for the cost of performing for the county, or
a city or special district within the county, analysis of blood,
breath or urine for alcohol content or for the presence of drugs, or
for services related to that testing. The sum shall not exceed the
reasonable cost of providing the services for which the sum is
intended.
On November 1 of each year, the treasurer of each county shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys
into the general fund of the county. The board of supervisors may, by
resolution, assign the treasurer's duty to determine the amount of
money that was not expended to the auditor or another county officer.
The county may retain an amount of that money equal to its
administrative cost incurred pursuant to this section, and shall
distribute the remainder pursuant to Section 1463. If the account
becomes exhausted, the public entity ordering a test performed
pursuant to this subdivision shall bear the costs of the test.
(b) The board of supervisors of a county may, by resolution,
authorize an additional penalty upon each defendant convicted of a
violation of Section 23152 or 23153 of the Vehicle Code, of an amount
equal to the cost of testing for alcohol content, less the fifty
dollars ($50) deposited as provided in subdivision (a). The
additional penalty authorized by this subdivision shall be imposed
only in those instances where the defendant has the ability to pay,
but in no case shall the defendant be ordered to pay a penalty in
excess of fifty dollars ($50). The penalty authorized shall be
deposited directly with the county, or city or special district
within the county, that performed the test, in the special account
described in subdivision (a), and shall not be the basis for an
additional assessment pursuant to Section 1464, or Chapter 12
(commencing with Section 76010) of Title 8 of the Government Code.
For purposes of this subdivision, "ability to pay" means the
overall capability of the defendant to pay the additional penalty
authorized by this subdivision, taking into consideration all of the
following:
(1) Present financial obligations, including family support
obligations, and fines, penalties, and other obligations to the
court.
(2) Reasonably discernible future financial position over the next
12 months.
(3) Any other factor or factors that may bear upon the defendant's
financial ability to pay the additional penalty.
(c) The Department of Justice shall promulgate rules and
regulations to implement the provisions of this section.
SEC. 6. Section 1463.16 of the Penal Code is amended to read:
1463.16. (a) Notwithstanding Section 1203.1 or 1463, fifty
dollars ($50) of each fine collected for each conviction of a
violation of Section 23103, 23104, 23105, 23152, or 23153 of the
Vehicle Code shall be deposited with the county treasurer in a
special account for exclusive allocation by the county for the county'
s alcoholism program, with approval of the board of supervisors, for
alcohol programs and services for the general population. These funds
shall be allocated through the local planning process pursuant to
specific provision in the county alcohol program plan that is
submitted to the State Department of Alcohol and Drug Programs.
Programs shall be certified by the Department of Alcohol and Drug
Programs or have made application for certification to be eligible
for funding under this section. The county shall implement the intent
and procedures of subdivision (b) of Section 11812 of the Health and
Safety Code while distributing funds under this section.
(b) In a county of the 1st, 2nd, 3rd, 15th, 19th, 20th, or 24th
class, notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23105, 23152,
or 23153 of the Vehicle Code shall be deposited in a special account
for exclusive allocation by the administrator of the county's
alcoholism program, with approval of the board of supervisors, for
alcohol programs and services for the general population. These funds
shall be allocated through the local planning process pursuant to a
specific provision in the county plan that is submitted to the State
Department of Alcohol and Drug Programs. For those services for which
standards have been developed and certification is available,
programs shall be certified by the State Department of Alcohol and
Drug Programs or shall apply for certification to be eligible for
funding under this section. The county alcohol administrator shall
implement the intent and procedures of subdivision (b) of Section
11812 of the Health and Safety Code while distributing funds under
this section.
(c) The Board of Supervisors of Contra Costa County may, by
resolution, authorize the imposition of a fifty dollar ($50)
assessment by the court upon each defendant convicted of a violation
of Section 23152 or 23153 of the Vehicle Code for deposit in the
account from which the fifty dollar ($50) distribution specified in
subdivision (a) is deducted.
(d) It is the specific intent of the Legislature that funds
expended under this part shall be used for ongoing alcoholism program
services as well as for contracts with private nonprofit
organizations to upgrade facilities to meet state certification and
state licensing standards and federal nondiscrimination regulations
relating to accessibility for handicapped persons.
(e) Counties may retain up to 5 percent of the funds collected to
offset administrative costs of collection and disbursement.
SEC. 7. Section 1463.17 of the Penal Code is amended to read:
1463.17. (a) In a county of the 19th class, notwithstanding any
other provision of this chapter, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23105, 23152,
or 23153 of the Vehicle Code shall be deposited in a special account
to be used exclusively to pay the cost incurred by the county or a
city or special district within the county, with approval of the
board of supervisors, for performing analysis of blood, breath, or
urine for alcohol content or for the presence of drugs, or for
services related to the testing.
(b) The application of this section shall not reduce the county's
remittance to the state specified in paragraph (2) of subdivision (b)
of Section 77201 of, and paragraph (2) of subdivision (b) of,
Section 77201.1 of the Government Code.
SEC. 7.5. Section 1463.17 of the Penal Code is amended to read:
1463.17. (a) In a county of the 19th class, notwithstanding any
other provision of this chapter, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23105, 23152,
or 23153 of the Vehicle Code shall be deposited in a special account
to be used exclusively to pay the cost incurred by the county or a
city or special district within the county, with approval of the
board of supervisors, for performing analysis of blood, breath, or
urine for alcohol content or for the presence of drugs, or for
services related to the testing.
(b) The application of this section shall not reduce the county's
remittance to the state specified in paragraph (2) of subdivision (b)
of Section 77201, paragraph (2) of subdivision (b) of Section
77201.1, and paragraph (2) of subdivision (a) of Section 77201.3 of
the Government Code.
SEC. 8. Section 11110 of the Vehicle Code is amended to read:
11110. (a) The department, after notice and hearing, may suspend
or revoke a license issued under this chapter if any of the following
occur:
(1) The department finds and determines that the licensee fails to
meet the requirements to receive or hold a license under this
chapter.
(2) The licensee fails to keep the records required by this
chapter.
(3) The licensee (A) permits fraud or engages in fraudulent
practices either with reference to an applicant for a driver's
license or an all-terrain vehicle safety certificate or the
department, or (B) induces or countenances fraud or fraudulent
practices on the part of an applicant.
(4) The licensee fails to comply with this chapter or regulation
or requirement of the department adopted pursuant thereto.
(5) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe, that the licensee is in fact an employee or
representative of the department; or the licensee makes an
advertisement, in any manner or by any means, that is untrue or
misleading and that is known, or which by the exercise of reasonable
care should be known, to be untrue or misleading.
(6) The licensee, or an employee or agent of the licensee,
solicits driver training or instruction or all-terrain vehicle safety
instruction in, or within 200 feet of, an office of the department.
(7) The licensee is convicted of violating Section 14606, 20001,
20002, 20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or
23153 of this code or subdivision (c) of Section 192 of the Penal
Code. A conviction, after a plea of nolo contendere, is a conviction
within the meaning of this paragraph.
(8) The licensee teaches, or permits a student to be taught, the
specific tests administered by the department through use of the
department's forms or testing facilities.
(9) The licensee conducts training, or permits training by an
employee, in an unsafe manner or contrary to safe driving practices.
(10) The licensed school owner or licensed driving school operator
teaches, or permits an employee to teach, driving instruction or
all-terrain vehicle safety instruction without a valid instructor's
license.
(11) The licensed school owner does not have in effect a bond as
required by Section 11102.
(12) The licensee permits the use of the license by any other
person for the purpose of permitting that person to engage in the
ownership or operation of a school or in the giving of driving
instruction or all-terrain vehicle safety instruction for
compensation.
(13) The licensee holds a secondary teaching credential and
explicitly or implicitly recruits or attempts to recruit a pupil who
is enrolled in a junior or senior high school to be a customer for a
business licensed pursuant to this article that is owned by the
licensee or for which the licensee is an employee.
(b) In the interest of the public's safety, as determined by the
department, the department may immediately suspend the license of a
licensee for an alleged violation under this chapter and shall
conduct a hearing of the alleged violation within 30 days of the
suspension.
SEC. 8.5. Section 11110 of the Vehicle Code is amended to read:
11110. (a) The department, after notice and hearing, may suspend
or revoke a license issued under this chapter if any of the following
occurs:
(1) The department finds and determines that the licensee fails to
meet the requirements to receive or hold a license under this
chapter.
(2) The licensee fails to keep the records required by this
chapter.
(3) The licensee (A) permits fraud or engages in fraudulent
practices either with reference to an applicant for a driver's
license or an all-terrain vehicle safety certificate from the
department, or (B) induces or countenances fraud or fraudulent
practices on the part of an applicant.
(4) The licensee fails to comply with this chapter or regulation
or requirement of the department adopted pursuant thereto.
(5) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe, that the licensee is in fact an employee or
representative of the department; or the licensee makes an
advertisement, in any manner or by any means, that is untrue or
misleading and that is known, or that by the exercise of reasonable
care should be known, to be untrue or misleading.
(6) The licensee, or an employee or agent of the licensee,
solicits driver training or instruction or all-terrain vehicle safety
instruction in, or within 200 feet of, an office of the department.
(7) The licensee is convicted of violating Section 14606, 20001,
20002, 20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or
23153 of this code or subdivision (b) of Section 191.5 or subdivision
(c) of Section 192 of the Penal Code. A conviction, after a plea of
nolo contendere, is a conviction within the meaning of this
paragraph.
(8) The licensee teaches, or permits a student to be taught, the
specific tests administered by the department through use of the
department's forms or testing facilities.
(9) The licensee conducts training, or permits training by an
employee, in an unsafe manner or contrary to safe driving practices.
(10) The licensed school owner or licensed driving school operator
teaches, or permits an employee to teach, driving instruction or
all-terrain vehicle safety instruction without a valid instructor's
license.
(11) The licensed school owner does not have in effect a bond as
required by Section 11102.
(12) The licensee permits the use of the license by any other
person for the purpose of permitting that person to engage in the
ownership or operation of a school or in the giving of driving
instruction or all-terrain vehicle safety instruction for
compensation.
(13) The licensee holds a secondary teaching credential and
explicitly or implicitly recruits or attempts to recruit a pupil who
is enrolled in a junior or senior high school to be a customer for a
business licensed pursuant to this article that is owned by the
licensee or for which the licensee is an employee.
(b) In the interest of the public's safety, as determined by the
department, the department may immediately suspend the license of a
licensee for an alleged violation under this chapter and shall
conduct a hearing of the alleged violation within 30 days of the
suspension.
SEC. 9. Section 11215 of the Vehicle Code is amended to read:
11215. The department, after notice and hearing, may suspend or
revoke a license issued under this chapter if any of the following
circumstances exist:
(a) The department finds and determines that the licensee ceases
to meet any requirement to obtain a license under this chapter.
(b) The holder fails to comply with, or otherwise violates, a
provision of this chapter or a regulation or requirement of the
department adopted pursuant to this chapter.
(c) The licensee engages in fraudulent practices with respect to
its activities licensed under this chapter or induces or fails to
promptly report to the department any known fraud or fraudulent
practices on the part of an employee of the traffic violator school.
(d) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe that the licensee was in fact an employee or
representative of the department, or whenever the licensee
advertises, in any manner or means any statement that is untrue or
misleading and that is known, or that by the exercise of reasonable
care should be known, to be untrue or misleading.
(e) The licensee or an employee or agent of the licensee collects
fees for or preregisters a person in traffic violator school or
solicits traffic violator school instruction in an office of the
department or in any court or within 500 feet of any court.
(f) The licensee is convicted of violating Section 20001, 20002,
20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of
this code or Section 192 of the Penal Code. A conviction after a plea
of nolo contendere is a conviction within the meaning of this
section.
(g) The traffic violator school owner teaches, or permits an
employee to teach, traffic safety instruction without a valid
instructor's license.
(h) The traffic violator school owner does not have in effect a
bond as provided in paragraph (3) of subdivision (a) of Section 11202
or a deposit in lieu of the bond, as specified in Section 11203.
SEC. 9.5. Section 11215 of the Vehicle Code is amended to read:
11215. The department, after notice and hearing, may suspend or
revoke a license issued under this chapter if any of the following
circumstances exist:
(a) The department finds and determines that the licensee ceases
to meet any requirement to obtain a license under this chapter.
(b) The holder fails to comply with, or otherwise violates, a
provision of this chapter or a regulation or requirement of the
department adopted pursuant to this chapter.
(c) The licensee engages in fraudulent practices with respect to
its activities licensed under this chapter or induces or fails to
promptly report to the department any known fraud or fraudulent
practices on the part of an employee of the traffic violator school.
(d) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe that the licensee was in fact an employee or
representative of the department, or whenever the licensee
advertises, in any manner or means, a statement that is untrue or
misleading and that is known, or that by the exercise of reasonable
care should be known, to be untrue or misleading.
(e) The licensee or an employee or agent of the licensee collects
fees for or preregisters a person in traffic violator school or
solicits traffic violator school instruction in an office of the
department or in a court or within 500 feet of a court.
(f) The licensee is convicted of violating Section 20001, 20002,
20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of
this code or subdivision (b) of Section 191.5 or Section 192 of the
Penal Code. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(g) The traffic violator school owner teaches, or permits an
employee to teach, traffic safety instruction without a valid
instructor's license.
(h) The traffic violator school owner does not have in effect a
bond as provided in paragraph (3) of subdivision (a) of Section 11202
or a deposit in lieu of the bond, as specified in Section 11203.
SEC. 10. 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 (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 38301.3 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. 10.5. 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 38301.3 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. 11. Section 13201 of the Vehicle Code is amended to read:
13201. A court may suspend, for not more than six months, the
privilege of a person to operate a motor vehicle upon conviction of
any of the following offenses:
(a) Failure of the driver of a vehicle involved in an accident to
stop or otherwise comply with Section 20002.
(b) Reckless driving proximately causing bodily injury to a person
under Section 23104 or 23105.
(c) Failure of the driver of a vehicle to stop at a railway grade
crossing as required by Section 22452.
(d) Evading a peace officer in violation of Section 2800.1 or
2800.2, or in violation of Section 2800.3 if the person's license is
not revoked for that violation pursuant to paragraph (3) of
subdivision (a) of Section 13351.
(e) (1) Knowingly causing or participating in a vehicular
collision, or any other vehicular accident, for the purpose of
presenting or causing to be presented any false or fraudulent
insurance claim.
(2) In lieu of suspending a person's driving privilege pursuant to
paragraph (1), the court may order the privilege to operate a motor
vehicle restricted to necessary travel to and from that person's
place of employment for not more than six months. If driving a motor
vehicle is necessary to perform the duties of the person's
employment, the court may restrict the driving privilege to allow
driving in that person's scope of employment. Whenever a person's
driving privilege is restricted pursuant to this paragraph, the
person shall be required to maintain proof of financial
responsibility.
SEC. 12. Section 13351 of the Vehicle Code is amended to read:
13351.
(a) The department immediately shall revoke the privilege of a person
to drive a motor vehicle upon receipt of a duly certified abstract
of the record of any court showing that the person has been convicted
of any of the following crimes or offenses:
(1) Manslaughter resulting from the operation of a motor vehicle,
except when convicted under paragraph (2) of subdivision (c) of
Section 192 of the Penal Code.
(2) Conviction of three or more violations of Section 20001,
20002, 23103, 23104, or 23105 within a period of 12 months from the
time of the first offense to the third or subsequent offense, or a
combination of three or more convictions of violations within the
same period.
(3) Violation of Section 191.5 of the Penal Code or of Section
2800.3 causing serious bodily injury resulting in a serious
impairment of physical condition, including, but not limited to, loss
of consciousness, concussion, serious bone fracture, protracted loss
or impairment of function of any bodily member or organ, and serious
disfigurement.
(b) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of three years after the date
of revocation and until the person whose privilege was revoked gives
proof of financial responsibility, as defined in Section 16430.
SEC. 12.5. Section 13351 of the Vehicle Code is amended to read:
13351. (a) The department immediately shall revoke the privilege
of a person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of a court showing that the person has been
convicted of any of the following crimes or offenses:
(1) Manslaughter resulting from the operation of a motor vehicle,
except when convicted under paragraph (2) of subdivision (c) of
Section 192 of the Penal Code.
(2) Conviction of three or more violations of Section 20001,
20002, 23103, 23104, or 23105 within a period of 12 months from the
time of the first offense to the third or subsequent offense, or a
combination of three or more convictions of violations within the
same period.
(3) Violation of subdivision (a) of Section 191.5 or subdivision
(a) of Section 192.5 of the Penal Code or of Section 2800.3 causing
serious bodily injury resulting in a serious impairment of physical
condition, including, but not limited to, loss of consciousness,
concussion, serious bone fracture, protracted loss or impairment of
function of any bodily member or organ, and serious disfigurement.
(b) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of three years after the date
of revocation and until the person whose privilege was revoked gives
proof of financial responsibility, as defined in Section 16430.
SEC. 13. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153, subdivision
(a) of Section 23109, or Section 23109.1, or upon the receipt of a
report of a judge of the juvenile court, a juvenile traffic hearing
officer, or a referee of a juvenile court showing that the person has
been found to have committed a violation of Section 23152 or 23153
or subdivision (a) of Section 23109 or Section 23109.1. If an offense
specified in this section occurs in a vehicle defined in Section
15210, the suspension or revocation specified below shall apply to
the noncommercial driving privilege. The commercial driving privilege
shall be disqualified as specified in Sections 15300 to 15302,
inclusive. For the purposes of this section, suspension or revocation
shall be as follows:
(1) Except as required under Section 13352.1 or Section 13352.4,
upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in subdivision (b) of Section 23542, the department
shall require that program in lieu of the program described in
subdivision (b) of Section 23538. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit may
not be given to any program activities completed prior to the date of
the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in subdivision
(b) of Section 23542, the department shall require that program in
lieu of the program described in Section 23556. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph (4) of
subdivision (b) of Section 23562. For the purposes of this
paragraph, enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that after the completion of 12 months of the revocation
period, which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 or Section 23109.1 that is punishable under
subdivision (e) of that section, the privilege shall be suspended for
a period of 90 days to six months, if ordered by the court. The
privilege may not be reinstated until the person gives proof of
financial responsibility, as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109 or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 14. Section 14601 of the Vehicle Code is amended to read:
14601. (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103, 23104, or 23105, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the
department to refuse to issue a license, negligent or incompetent
operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section
12810.5, if the person so driving has knowledge of the suspension or
revocation. Knowledge shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant to Section
13106. The presumption established by this subdivision is a
presumption affecting the burden of proof.
(b) A person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in a county jail for
not less than five days or more than six months and by a fine of not
less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county
jail for not less than 10 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
(c) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a
motor vehicle, that is owned or utilized by the person's employer,
during the course of employment on private property that is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
SEC. 15. Section 21051 of the Vehicle Code is amended to read:
21051. The following sections apply to trolley coaches:
(a) Sections 1800, 4000, 4001, 4002, 4003, 4006, 4009, 4150, 4151,
4152, 4153, 4155, 4156, 4158, 4166, 4300 to 4309, inclusive, 4450 to
4454, inclusive, 4457, 4458, 4459, 4460, 4600 to 4610, inclusive,
4750, 4751, 4850, 4851, 4852, 4853, 5000, 5200 to 5205, inclusive,
5904, 6052, 8801, 9254, and 40001 with respect to 4000, relating to
original and renewal of registration.
(b) Sections 9250, 9265, 9400, 9406, 9407, 9408, 9550,
9552, 9553, 9554, 9800 to 9808, inclusive, 14901, 42230 to 42233,
inclusive, relating to registration and other fees.
(c) Sections 2800, 10851, 10852, 10853, 20001 to 20009, inclusive,
21052, 21053, 21054, 21450 to 21457, inclusive, 21461, 21650, 21651,
21658, 21659, 21700, 21701, 21702, 21703, 21709, 21712, 21750,
21753, 21754, 21755, 21800, 21801, 21802, 21806, 21950, 21951, 22106,
22107, 22108, 22109, 22350, 22351, 22352, 22400, 22450 to 22453,
inclusive, 23103, 23104, 23105, 23110, 23152, 23153, 40831, 42002
with respect to 10852 and 10853, and 42004, relating to traffic laws.
(d) Sections 26706, 26707, and 26708, relating to equipment.
(e) Sections 17301, 17302, 17303, 21461, 35000, 35100, 35101,
35105, 35106, 35111, 35550, 35551, 35750, 35751, 35753, 40000.1 to
40000.25, inclusive, 40001, 40003, and 42031, relating to the size,
weight, and loading of vehicles.
SEC. 16. Section 23103 of the Vehicle Code is amended to read:
23103. (a) A person who drives a vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in a county jail for not less than five days
nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment, except as provided
in Section 23104 or 23105.
SEC. 17. Section 23104 of the Vehicle Code is amended to read:
23104. (a) Except as provided in subdivision (b), whenever
reckless driving of a vehicle proximately causes bodily injury to a
person other than the driver, the person driving the vehicle shall,
upon conviction thereof, be punished by imprisonment in the county
jail for not less than 30 days nor more than six months or by a fine
of not less than two hundred twenty dollars ($220) nor more than one
thousand dollars ($1,000), or by both the fine and imprisonment.
(b) A person convicted of reckless driving that proximately
causes great bodily injury, as defined in Section 12022.7 of the
Penal Code, to a person other than the driver, who previously has
been convicted of a violation of Section 23103, 23104, 23105, 23109,
23109.1, 23152, or 23153, shall be punished by imprisonment in the
state prison, by imprisonment in the county jail for not less than 30
days nor more than six months or by a fine of not less than two
hundred twenty dollars ($220) nor more than one thousand dollars
($1,000) or by both the fine and imprisonment.
SEC. 18. Section 40800 of the Vehicle Code is amended to read:
40800. (a) A traffic officer on duty for the exclusive or main
purpose of enforcing the provisions of Division 10 (commencing with
Section 20000) or 11 (commencing with Section 21000) shall wear a
full distinctive uniform, and if the officer while on duty uses a
motor vehicle, it must be painted a distinctive color specified by
the commissioner.
(b) This section does not apply to an officer assigned exclusively
to the duty of investigating and securing evidence in reference to
the theft of a vehicle or failure of a person to stop in the event of
an accident or violation of Section 23109 or 23109.1 or in reference
to a felony charge, or to an officer engaged in serving a warrant
when the officer is not engaged in patrolling the highways for the
purpose of enforcing the traffic laws.
SEC. 19. Section 40804 of the Vehicle Code is amended to read:
40804. (a) In any prosecution under this code upon a charge
involving the speed of a vehicle, an officer or other person shall be
incompetent as a witness if the testimony is based upon or obtained
from or by the maintenance or use of a speed trap.
(b) An officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 (commencing
with Section 20000) and 11 (commencing with Section 21000) is
incompetent as a witness if at the time of that arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner.
(c) This section does not apply to an officer assigned exclusively
to the duty of investigating and securing evidence in reference to
the theft of a vehicle or failure of a person to stop in the event of
an accident or violation of Section 23109 or 23109.1 or in reference
to a felony charge or to an officer engaged in serving a warrant
when the officer is not engaged in patrolling the highways for the
purpose of enforcing the traffic laws.
SEC. 20. Section 41610 of the Vehicle Code is amended to read:
41610. (a) Whenever a person who is in custody enters a guilty
plea to an infraction or misdemeanor under this code and there is
outstanding any warrant of arrest for a violation of this code or a
local ordinance adopted pursuant to this code that is filed in any
court within the same county, the defendant may elect to enter a
guilty plea to any of these charged offenses of which the court has a
record, except offenses specified in subdivision (b). The court
shall sentence the defendant for each of the offenses for which a
guilty plea has been entered pursuant to this section, and shall
notify the appropriate court or department in each affected judicial
district of the disposition. After receiving that notice of
disposition, the court in which each complaint was filed shall
prepare and transmit to the department any certification required by
applicable provisions of Section 40509 as if the court had heard the
case.
(b) Subdivision (a) does not authorize entry of a guilty plea as
specified in that subdivision to an offense for which a notice of
parking violation has been issued, nor to any offense specified in
Section 14601.2, 14601.3, 20002, 23103, 23104, 23105, 23152, or
23153, subdivision (a) of Section 14601, or subdivision (a) of
Section 14601.1.
SEC. 21. Section 42008.5 of the Vehicle Code is amended to read:
42008.5. (a) A county may establish a one-time amnesty program
for fines and bail that have been delinquent for not less than six
months as of the date upon which the program commences and were
imposed for an infraction or misdemeanor violation of this code,
except parking violations of this code and violations of Section
23103, 23104, 23105, 23152, or 23153.
(b) A person owing a fine or bail that is eligible for amnesty
under the program may pay to the superior or juvenile court the
amount scheduled by the court, that shall be accepted by the court in
full satisfaction of the delinquent fine or bail and shall be either
of the following:
(1) Seventy percent of the total fine or bail.
(2) The amount of one hundred dollars ($100) for an infraction or
five hundred dollars ($500) for a misdemeanor.
(c) The amnesty program shall be implemented by the courts of the
county on a one-time basis and conducted in accordance with Judicial
Council guidelines for a period of not less than 120 days. The
program shall operate not longer than six months from the date the
court initiates the program.
(d) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program and no other
additional penalties, except as provided in Section 1214.1 of the
Penal Code, shall be assessed for the late payment of the fine or
bail made under the amnesty program.
(e) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program shall be deposited in the county treasury until 150 percent
of the cost of operating the program, excluding capital expenditures,
have been so deposited. Thereafter, 37 percent of the amount of the
delinquent fines and bail deposited in the county treasury shall be
distributed by the county pursuant to Section 1464 of the Penal Code,
26 percent of the amount deposited shall be distributed by the
county pursuant to Article 2 (commencing with Section 76100) of
Chapter 12 of Title 8 of the Government Code, and the remaining 37
percent of the amount deposited shall be retained by the county.
(f) The deposit of fines and bails in the county treasury as
described in subdivision (e) is limited to the amnesty program
described in this section, and it is the intent of the Legislature
that it shall not be considered a precedent with respect to affecting
programs that receive funding pursuant to Section 1463 of the Penal
Code.
(g) Each county participating in the program shall file, not later
than six months after the termination of the program, a written
report with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. The report shall summarize the amount of
money collected, operating costs of the program, distribution of
funds collected, and when possible, how the funds were expended.
SEC. 22. Section 42009 of the Vehicle Code is amended to read:
42009. (a) For an offense specified in subdivision (b), committed
by the driver of a vehicle within a highway construction or
maintenance area, during any time when traffic is regulated or
restricted through or around that area pursuant to Section 21367,
when the highway construction or maintenance is actually being
performed in the area by workers acting in their official capacity,
the fine, in a misdemeanor case, shall be double the amount otherwise
prescribed. In an infraction case, the fine shall be one category
higher than the penalty otherwise prescribed by the uniform traffic
penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
(1) Section 21367, relating to regulation of traffic at a
construction site.
(2) Article 3 (commencing with Section 21450) of Chapter 2 of
Division 11, relating to obedience to traffic devices.
(3) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(4) Chapter 4 (commencing with Section 21800) of Division 11,
relating to yielding the right-of-way.
(5) Chapter 6 (commencing with Section 22100) of Division 11,
relating to turning and stopping and turn signals.
(6) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(7) Chapter 8 (commencing with Section 22450) of Division 11,
relating to special traffic stops.
(8) Section 23103, relating to reckless driving.
(9) Section 23104 or 23105, relating to reckless driving that
results in bodily injury to another.
(10) Section 23109 or 23109.1, relating to speed contests.
(11) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(12) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, that results in bodily injury to
another.
(13) Section 23220, relating to drinking while driving.
(14) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(15) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(16) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(17) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
(18) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(19) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when construction or maintenance
work is actually being performed by workers, and there are work zone
traffic control devices, traffic controls or warning signs, or any
combination of those, to notify motorists and pedestrians of
construction or maintenance workers in the area.
SEC. 22.5. Section 42009 of the Vehicle Code is amended to read:
42009. (a) For an offense specified in subdivision (b), committed
by the driver of a vehicle within a highway construction or
maintenance area, during any time when traffic is regulated or
restricted through or around that area pursuant to Section 21367, or
when the highway construction or maintenance is actually being
performed in the area by workers acting in their official capacity,
the fine, in a misdemeanor case, shall be double the amount otherwise
prescribed. In an infraction case, the fine shall be one category
higher than the penalty otherwise prescribed by the uniform traffic
penalty schedule established pursuant to Section 40310.
(b) A violation of the following is an offense that is subject to
subdivision (a):
(1) Section 21367, relating to regulation of traffic at a
construction site.
(2) Article 3 (commencing with Section 21450) of Chapter 2 of
Division 11, relating to obedience to traffic devices.
(3) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(4) Chapter 4 (commencing with Section 21800) of Division 11,
relating to yielding the right-of-way.
(5) Chapter 6 (commencing with Section 22100) of Division 11,
relating to turning and stopping and turn signals.
(6) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(7) Chapter 8 (commencing with Section 22450) of Division 11,
relating to special traffic stops.
(8) Section 23103, relating to reckless driving.
(9) Section 23104 or 23105, relating to reckless driving which
results in bodily injury to another.
(10) Section 23109 or 23109.1, relating to speed contests.
(11) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(12) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(13) Section 23154, relating to convicted drunk drivers operating
a motor vehicle with a blood-alcohol concentration of 0.01 percent or
greater.
(14) Section 23220, relating to drinking while driving.
(15) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(16) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(17) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(18) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
(19) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(20) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when construction or maintenance
work is actually being performed by workers, and there are work zone
traffic control devices, traffic controls or warning signs, or any
combination of those, to notify motorists and pedestrians of
construction or maintenance workers in the area.
SEC. 23. Section 42010 of the Vehicle Code is amended to read:
42010. (a) For any offense specified in subdivision (b) that is
committed by the driver of a vehicle within an area that has been
designated as a Safety Enhancement-Double Fine Zone pursuant to
Section 97 and following of the Streets and Highways Code, the fine,
in a misdemeanor case, shall be double the amount otherwise
prescribed, and, in an infraction case, the fine shall be one
category higher than the penalty otherwise prescribed by the uniform
traffic penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
(1) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(2) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(3) Section 23103, relating to reckless driving.
(4) Section 23104 or 23105, relating to reckless driving that
results in bodily injury to another.
(5) Section 23109 or 23109.1, relating to speed contests.
(6) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(7) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(8) Section 23220, relating to drinking while driving.
(9) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(10) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(11) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(12) Section 23224, relating to being a driver or passenger under
21 years of age possessing an open alcoholic beverage container.
(13) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(14) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when traffic controls or warning
signs have been placed pursuant to Section 97 or 97.1 of the Streets
and Highways Code.
(d) (1) Notwithstanding any other provision of law, the enhanced
fine imposed pursuant to this section shall be based only on the base
fine imposed for the underlying offense and shall not include any
other enhancements imposed pursuant to law.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
SEC. 23.5. Section 42010 of the Vehicle Code is amended to read:
42010. (a) For an offense specified in subdivision (b) that is
committed by the driver of a vehicle within an area that has been
designated as a Safety Enhancement-Double Fine Zone pursuant to
Section 97 and following of the Streets and Highways Code, the fine,
in a misdemeanor case, shall be double the amount otherwise
prescribed, and, in an infraction case, the fine shall be one
category higher than the penalty otherwise prescribed by the uniform
traffic penalty schedule established pursuant to Section 40310.
(b) A violation of the following is an offense that is subject to
subdivision (a):
(1) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(2) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(3) Section 23103, relating to reckless driving.
(4) Section 23104 or 23105, relating to reckless driving that
results in bodily injury to another.
(5) Section 23109 or 23109.1, relating to speed contests.
(6) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(7) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(8) Section 23154, relating to convicted drunk drivers operating a
motor vehicle with a blood-alcohol concentration of 0.01 percent or
greater.
(9) Section 23220, relating to drinking while driving.
(10) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(11) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(12) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(13) Section 23224, relating to being a driver or passenger under
21 years of age possessing an open alcoholic beverage container.
(14) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(15) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when traffic controls or warning
signs have been placed pursuant to Section 97 or 97.1 of the Streets
and Highways Code.
(d) (1) Notwithstanding any other provision of law, the enhanced
fine imposed pursuant to this section shall be based only on the base
fine imposed for the underlying offense and shall not include any
other enhancements imposed pursuant to law.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
SEC. 24. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 25. Section 1.5 of this bill incorporates amendments to
Section 68152 of the Government Code proposed by both this bill and
AB 1248. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2008, (2) each bill
amends Section 68152 of the Government Code, and (3) this bill is
enacted after AB 1248, in which case Section 1 of this bill shall not
become operative.
SEC. 26. Section 7.5 of this bill incorporates amendments to
Section 1463.17 of the Penal Code proposed by both this bill and AB
227. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2008, (2) each bill amends
Section 1463.17 of the Penal Code, and (3) this bill is enacted after
AB 227, in which case Section 7 of this bill shall not become
operative.
SEC. 27. Section 8.5 of this bill incorporates amendments to
Section 11110 of the Vehicle Code proposed by both this bill and AB
678. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2008, (2) each bill amends
Section 11110 of the Vehicle Code, and (3) this bill is enacted after
AB 678, in which case Section 8 of this bill shall not become
operative.
SEC. 28. Section 9.5 of this bill incorporates amendments to
Section 11215 of the Vehicle Code proposed by both this bill and AB
678. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2008, (2) each bill amends
Section 11215 of the Vehicle Code, and (3) this bill is enacted after
AB 678, in which case Section 9 of this bill shall not become
operative.
SEC. 29. Section 10.5 of this bill incorporates amendments to
Section 12810 of the Vehicle Code proposed by both this bill and AB
678. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2008, (2) each bill amends
Section 12810 of the Vehicle Code, and (3) this bill is enacted after
AB 678, in which case Section 10 of this bill shall not become
operative.
SEC. 30. Section 12.5 of this bill incorporates amendments to
Section 13351 of the Vehicle Code proposed by both this bill and AB
678. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2008, (2) each bill amends
Section 13351 of the Vehicle Code, and (3) this bill is enacted after
AB 678, in which case Section 12 of this bill shall not become
operative.
SEC. 31. Section 22.5 of this bill incorporates amendments to
Section 42009 of the Vehicle Code proposed by both this bill and AB
1165. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2008, but this bill
becomes operative first, (2) each bill amends Section 42009 of the
Vehicle Code, and (3) this bill is enacted after AB 1165, in which
case Section 42009 of the Vehicle Code, as amended by Section 22 of
this bill, shall remain operative only until the operative date of AB
1165, at which time Section 22.5 of this bill shall become
operative.
SEC. 32. Section 23.5 of this bill incorporates amendments to
Section 42010 of the Vehicle Code proposed by both this bill and AB
1165. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2008, but this bill
becomes operative first, (2) each bill amends Section 42010 of the
Vehicle Code, and (3) this bill is enacted after AB 1165, in which
case Section 42010 of the Vehicle Code, as amended by Section 23 of
this bill, shall remain operative only until the operative date of AB
1165, at which time Section 23.5 of this bill shall become
operative.