BILL NUMBER: AB 2499	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Members Portantino and Gilmore
   (Coauthor: Assembly Member Fletcher)
   (Coauthor: Senator Runner)

                        FEBRUARY 19, 2010

   An act to amend Sections 11202.5, 11205.1, 42005.1, 42005.5,
42007.1, 42007.3, and 42007.4 of, to amend, repeal, and add Sections
1803.5, 1808.7, 11200, 11202, 11205, 11205.2, 11208, 40512.6, 41501,
42005, and 42007 of, to add and repeal Sections 11208.5 and 42005.2
of, and to repeal and add Section 11205.4 of, the Vehicle Code,
relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2499, Portantino. Vehicles: traffic violator school program.
   (1) Existing law provides for the licensing and administration by
the Department of Motor Vehicles of traffic violator schools,
operators, and instructors in a classroom setting. Existing law also
defines the term "traffic violator school" for purposes of the
Vehicle Code to mean, among other things, a business that provides
instruction in traffic safety, including, but not limited to,
classroom traffic violator curricula.
   Existing law authorizes a court, in lieu of adjudicating a traffic
offense committed by a person who holds a specified class of driver'
s license, to order or permit the person to attend a licensed traffic
violator school, licensed driving school, or other court-approved
program of driving instruction. Existing law also permits a court to
order a continuance against a person who receives a notice to appear
in court for a violation of a statute relating to the safe operation
of a vehicle, in consideration for attendance at a licensed school
for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and after that
attendance, to dismiss the complaint, as specified.
   This bill would revise and recast these provisions and, instead,
would authorize the court, after a deposit of bail and bail
forfeiture, a plea of guilty or no contest, or a conviction, to order
a continuance of the proceeding against a person who receives a
notice to appear in court for a violation of a statute relating to
safe operation of a vehicle, in consideration for completion of a
program at a licensed school for traffic violators and order that the
conviction be held confidential. The bill would prohibit the record
of certain convictions from being confidential under these
provisions. The bill, on April 1, 2012, would delete specified
provisions governing existing court or county contracts to provide
traffic safety instructional services to traffic violations.
   The bill would also require that no violation point count be
assessed if the record of conviction is confidential, unless other
specified conditions apply. The bill would require that these
provisions become operative on July 1, 2011.
   (2) Existing law establishes traffic violator school licensing
requirements and requires the Department of Motor Vehicles to license
traffic violator school operators.
   This bill would revise these requirements, including the licensing
criteria applicable to a traffic violator school owner or operator
and a person licensed as an owner/operator and who is so designated
on the owner's license.
   The bill would revise the requirements applicable to a
court-approved program and would require a court-approved program
that was in operation prior to January 1, 2011, to file an
application for licensure as a traffic violator school by January 1,
2012. The bill would prohibit a court from approving a traffic safety
program after January 1, 2011.
   (3) Existing law authorizes a court, under contract, to use a
court assistance program (CAP) to perform services related to the
processing and monitoring of traffic violators and traffic violator
schools and establishes requirements for the program.
   The bill would instead authorize a traffic assistance program
(TAP) under contract with the Department of Motor Vehicles to assist
in oversight activities.
   This bill would delete provisions relating to both a monitoring
report prepared by a CAP and other provisions that preclude the
department or the court from removing a traffic violator school from
a referral list if certain conditions are met. The bill would also
delete provisions relating to a requirement that the Judicial Council
collect and compile data on CAPs and traffic safety instruction.
   The bill would authorize the court to charge a traffic violator
fee to defray the costs incurred by a TAP for traffic administration
services provided to the court and to delegate collection of the fee
to the TAP. The bill would require that the fees be approved and
regulated by the court and that the fee not exceed the actual costs
incurred by the TAP.
   (4) Existing law requires a traffic violator school owner to file
a bond of $2,000 with the department.
   The bill would increase the amount of the bond to $15,000 for home
study schools and require a $2,000 bond for classroom-based schools.

   (5) Existing law establishes fees related to the department's
licensing of traffic violator schools.
   This bill would discontinue the fee charged for the completion
certificate and would, instead, require the department to charge fees
for issuance of an original, renewal, or duplicate or corrected
traffic violator school owner, operator, instructor, and branch or
classroom location license. The bill would require the court to
collect a single administrative fee to be collected from the person
attending the traffic violator school, which would include an amount
sufficient to defray the cost of monitoring traffic violator school
instruction.
   (6) Existing law requires the court to make available to persons
who choose the traffic violator school, the current list of traffic
violator schools, published by the department.
   This bill would require the Department of Motor Vehicles to
provide a list of licensed traffic violator schools on its Internet
Web site, as specified, and to develop a Web-based database
accessible by the courts and traffic violator schools to allow
oversight of traffic violator school student enrollments and course
completions.
   The bill would also require, if a court or a TAP provides a hard
copy list of licensed traffic violator schools to a traffic violator,
to provide only a current date-stamped list downloaded from the
department's Internet Web site.
   (7) Under existing law, with certain exceptions, a violation of
the Vehicle Code is a crime.
   Because this bill would change the definition of an existing
crime, it would impose a state-mandated local program.
   (8) The bill would make conforming changes.
   (9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Numerous studies around the country show a direct link between
the accumulation of traffic violator points and the likelihood that
a multiple traffic offender will at some time be involved in a
serious traffic accident resulting in injury, death, or both.
Sanctions alone are not the answer but should be coupled with
education that fosters safe driving habits to reduce traffic safety
risks.
   (b) In 1984, the Legislature authorized a program designed to
reduce recidivism among multiple offenders. In exchange for
attendance at a traffic violator school (TVS), an offender's
violation is dismissed by the court, which in turn prevents the
Department of Motor Vehicles from imposing a point on the offender's
driving record. Use of this option has expanded significantly over
the years and now nearly 25 percent of all minor traffic offenses,
numbering over one million annually, are dismissed in exchange for
attendance at traffic violator schools.
   (c) In addition, while current law only allows the first offense
within any 18-month period to be dismissed for TVS attendance, if a
superior court is unaware of the previous dismissal and allows an
offender to attend TVS more frequently, there is nothing the
department can do to enforce the law. As a result, many drivers avoid
sanctions that would otherwise be appropriate because of the number
and frequency of their violations.
   (d) Currently, the department licenses approximately 400 classroom
TVS programs, and superior courts have approved approximately 200
home study programs, including Internet, video, and paper-based
correspondence programs. This divided administration of education
delivery has resulted in various curricula without uniform criteria
that would help achieve the ultimate goal of traffic safety. In
addition to variations in curricula, the traffic violator schools
operate under multiple regulatory, oversight, and monitoring
structures, because each court in a county has different requirements
under which a traffic violator school is approved.
   (e) To carry out local oversight of currently unlicensed traffic
violator schools, superior courts currently use court assistance
programs (CAPs) to monitor schools and act as a liaison between
traffic violators and the courts as well as violators and the
department. The critical services provided by CAPs have kept the
current system functioning, helped courts oversee their local traffic
violator programs, ensured that violators who do not have Internet
access find schools to attend, and otherwise served to guide
violators successfully through the process. Without this local
monitoring, the department and courts would be hard pressed to run
their TVS programs and any change in the current system should
include the use of services such as those of court assistance
programs.
   (f) With the corresponding shift to statewide regulation,
oversight, and monitoring of traffic violator schools by the
department, "court assistance programs" is no longer a title that
accurately reflects the execution of duties at the local level. For
this reason, the title of "court assistance program" will be changed
to "traffic assistance program."
   (g) However, with increasing use of TVS programs since 1984 and a
recent study concluding that current programs do not reduce the
likelihood that attendees will be involved in fewer traffic
collisions or avoid committing additional traffic offenses, it must
be concluded that the current TVS system is not reaching its full
potential to meet the desired goals of the program.
   (h) Therefore, it is the intent of Legislature to make the TVS
program as effective as possible by developing a comprehensive system
of statewide regulation of traffic violator schools, thereby
ensuring uniform curricula and consistency in oversight and
monitoring. It is further the intent of the Legislature to bring all
traffic schools under the department's jurisdiction, charge the
department with developing curricula and licensing courses for all
modalities and specified personnel, utilize multiple third-party
contractors or a traffic assistance program (TAP) to conduct local
monitoring of the program, ensure traffic violator students have fair
and equal access to programs, and prohibit the masking of traffic
convictions for attendance at a TVS unless the school is
appropriately licensed by the department and the traffic violator has
no masked conviction within the previous 18 months.
  SEC. 1.5.  Section 1803.5 of the Vehicle Code is amended to read:
   1803.5.  (a) In accordance with Section 41501 or 42005, the clerk
of a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and which results in
a dismissal of the complaint in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding, certify the abstract to be true and correct, and cause
the abstract to be forwarded to the department at its office at
Sacramento within 10 days after the complaint is dismissed.
   (b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 1.7.  Section 1803.5 is added to the Vehicle Code, to read:
   1803.5.  (a) In accordance with Section 41501 or 42005, the clerk
of a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
   (b) This section shall become operative on July 1, 2011.
  SEC. 2.  Section 1808.7 of the Vehicle Code is amended to read:
   1808.7.  (a) The record of the department relating to the first
proceeding and dismissal under Section 1803.5 in any 18-month period
for participation by a person in a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, is confidential, shall not be
disclosed to any person, except a court, and shall be used only for
statistical purposes by the department.
   (b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 2.5.  Section 1808.7 is added to the Vehicle Code, to read:
   1808.7.  (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.

   (b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
   (1) The person convicted holds a commercial driver's license as
defined by Section 15210.
   (2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
   (3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
   (4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
   (c) This section shall become operative on July 1, 2011.
  SEC. 3.  Section 11200 of the Vehicle Code is amended to read:
   11200.  (a) The department shall license schools for traffic
violators for purposes of Section 41501 or 42005 and to provide
traffic safety instruction to other persons who elect to attend. A
person may not own or operate a traffic violator school or, except as
provided in Section 11206, give instruction for compensation in a
traffic violator school without a currently valid license issued by
the department.
   (b) (1) Any person who elects to attend a traffic violator school
shall receive from the traffic violator school and shall sign a copy
of the following consumer disclosure statement prior to the payment
of the school fee and attending the school:

   "Course content is limited to traffic violator curricula approved
by the Department of Motor Vehicles. Students in the classroom
include traffic offenders, repeat traffic offenders, adults, and
teenagers, and those who have and those who have not been referred by
a court. Instructor training, business regulatory standards, and
Vehicle Code requirements of traffic violator schools are not equal
to the training, standards, and Vehicle Code requirements of licensed
driving schools (California Vehicle Code Section 11200(b)(1))."

   (2) In the case of a minor who elects to attend a traffic violator
school, the minor's parent or guardian shall sign the consumer
disclosure statement.
   (3) A copy of each signed disclosure statement shall be retained
by the traffic violator school for a minimum of 36 months.
   (c) New and modified departmental regulations necessitated by this
chapter shall be adopted and operative no later than September 1,
2011.
   (d) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2012, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 3.5.  Section 11200 is added to the Vehicle Code, to read:
   11200.  (a) The department shall license schools for traffic
violators for purposes of Section 41501 or 42005 and to provide
traffic safety instruction to other persons who elect to attend. A
person may not own or operate a traffic violator school or, except as
provided in Section 11206, give instruction for compensation in a
traffic violator school without a currently valid license issued by
the department.
   (b) (1) Any person who elects to attend a traffic violator school
shall receive from the traffic violator school and shall sign a copy
of the following consumer disclosure statement prior to the payment
of the school fee and attending the school:

   "Course content is limited to traffic violator curricula approved
by the Department of Motor Vehicles. Students in the classroom
include traffic offenders, repeat traffic offenders, adults, and
teenagers, and those who have and those who have not been referred by
a court. Instructor training, business regulatory standards, and
Vehicle Code requirements of traffic violator schools are not equal
to the training, standards, and Vehicle Code requirements of licensed
driving schools (California Vehicle Code Section 11200(b)(1))."

   (2) In the case of a minor who elects to attend a traffic violator
school, the minor's parent or guardian shall sign the consumer
disclosure statement.
   (3) A copy of each signed disclosure statement shall be retained
by the traffic violator school for a minimum of 36 months.
   (c) New and modified departmental regulations necessitated by this
section shall be adopted and effective no later than September 1,
2011.
   (d) A licensed traffic violator school shall notify the court by
posting on the department's Web-based database established pursuant
to subdivision (b) of Section 11205 information regarding successful
course completions.
   (e) A licensed traffic violator school shall give every person who
attends the school for purposes of Sections 41501 or 42005, upon
successful completion of the lesson plan and passage of the
postlesson knowledge test, a receipt indicating successful
completion. The receipt shall include contact information, including
the name of the traffic violator school, address of the school's
business location, name of the course instructor if classroom-based,
telephone number, e-mail address if appropriate, hours of operation,
and any other information that may be used to confirm course
completion.
   (f) This section shall become operative on September 1, 2011.
  SEC. 4.  Section 11202 of the Vehicle Code is amended to read:
   11202.  (a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
   (1) Maintain an established place of business in this state which
is open to the public. No office or place of business of a traffic
violator school, including any traffic violator school branch or
classroom location, may be situated within 500 feet of any court of
law, unless the owner was established at the location on or before
July 1, 1984.
   (2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs which may reasonably
foster the knowledge, skills, and judgment necessary for compliance
with traffic laws. The standards may include, but are not limited to,
school personnel, equipment, curriculum, procedures for the testing
and evaluation of students, recordkeeping, and business practices.
   (3) Procure and file with the department a bond of two thousand
dollars ($2,000) executed by an admitted surety and conditioned upon
the applicant not practicing any fraud or making any fraudulent
representation which will cause a monetary loss to a person taking
instruction from the applicant or to the state or any local
authority.
   (4) Have a classroom approved by the department and the proper
equipment necessary for giving instruction to traffic violators.
   (5) Have a course approved by the department and provide not less
than the minimum instructional time specified in the course. An
approved course shall provide a minimum of 400 minutes of
instruction, except that a course for instructing persons under the
age of 18 may provide a minimum of 600 minutes of instruction.
   (6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of any claim for damages suffered
by any person by the applicant's violation of any provision of this
code committed in relation to the specifications of the applicant's
traffic violator school or any condition of the bond required by
paragraph (3).
   (B) The applicant shall stipulate in the instrument that any
process directed to the applicant, when personal service cannot be
made in this state after due diligence, may be served instead upon
the director or, in the director's absence from the department's
principal offices, upon any employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or any condition of the bond.
   (C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
   (D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
   (E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint is, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiff's attorney to the surety on the licensee'
s bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
   (F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
   (G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
   (7) Meet the requirements of Section 11202.5 and subdivision (b)
of Section 11208, relating to traffic violator school operators, if
the owner is also the operator of the traffic violator school. If the
owner is not the operator of the traffic violator school, the owner
shall designate an operator who shall meet the requirements of
Section 11202.5.
   (8) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
   (b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee is required.
   (c) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
   (d) Paragraph (7) of subdivision (a) does not apply to public
schools or other public educational institutions.
   (e) A notice approved by the department shall be posted in every
traffic violator school, branch, and classroom location stating that
any person involved in the offering of, or soliciting for, a
completion certificate for attendance at a traffic violator school
program in which the person does not attend or does not complete the
minimum amount of instruction time provided by subdivision (a) may be
guilty of violating Section 134 of the Penal Code.
   (f) A court-approved program that was in operation prior to July
1, 2011, shall file an application for licensure as a traffic
violator school by March 1, 2012. A court shall not approve a traffic
violator school program after July 1, 2011.
   (1) A court-approved program may continue to operate as approved
by a court until the department makes a licensing decision.
   (2) The department shall approve or deny all completed
applications filed pursuant to this subdivision no later than
December 31, 2012.
   (3) A court-approved program shall be exempt from paragraph (5) of
subdivision (a). The licensed program may continue to use the
curriculum approved by the court until the department establishes
curriculum standards in regulation. The court-approved program must
comply with the new curriculum standards by the effective date
established in regulation.
   (4) New and revised departmental regulations necessitated by this
section shall be adopted and effective no later than September 1,
2011.
   (g) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 4.5.  Section 11202 is added to the Vehicle Code, to read:
   11202.  (a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
   (1) Maintain an established place of business in this state that
is open to the public. An office or place of business of a traffic
violator school, including any traffic violator school branch or
classroom location, shall not be situated within 500 feet of any
court of law.
   (2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs that may reasonably foster
the knowledge, skills, and judgment necessary for compliance with
traffic laws. The department shall establish standards for each
instructional modality, which may include requirements specific to
each modality. The standards may include, but are not limited to,
classroom facilities, school personnel, equipment, curriculum,
procedures for the testing and evaluation of students, recordkeeping,
and business practices.
   (3) Procure and file with the department a bond of fifteen
thousand dollars ($15,000) for home study schools and two thousand
dollars ($2,000) for classroom-based schools executed by an admitted
surety and conditioned upon the applicant not practicing fraud or
making a fraudulent representation that will cause a monetary loss to
a person taking instruction from the applicant or to the state or
any local authority.
   (4) Have the proper equipment necessary for giving instruction to
traffic violators.
   (5) Have a lesson plan approved by the department, except as
provided for in paragraph (2) of subdivision (c), and provide not
less than the minimum instructional time specified in the approved
plan. The approved plan shall include a postlesson knowledge test.
The lesson plan for each instructional modality shall require
separate approval by the department.
   (6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of a claim for damages suffered by
a person by the applicant's violation of a provision of this code
committed in relation to the specifications of the applicant's
traffic violator school or a condition of the bond required by
paragraph (3).
   (B) The applicant shall stipulate in the instrument that a process
directed to the applicant, when personal service cannot be made in
this state after due diligence, may be served instead upon the
director or, in the director's absence from the department's
principal offices, upon an employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or a condition of the bond.
   (C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
   (D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
   (E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint are, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiff's attorney to the surety on the licensee'
s bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
   (F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
   (G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
   (7) (A) Meet the requirements of Section 11202.5, relating to
traffic violator school operators, if the owner is also the operator
of the traffic violator school. If the owner is not the operator of
the traffic violator school, the owner shall designate an employee as
operator who shall meet the requirements of Section 11202.5.
                                               (B) A person may be an
operator for more than one traffic school if (i) the schools have a
common owner or owners and (ii) the schools share a single
established business address.
   (C) A traffic violator school with multiple branch locations may
designate a separate operator for each location, but shall designate
one of the operators as the primary contact for the department.
   (8) Have an instructor who meets the requirements of Section
11206. An owner who is designated as the operator for the school is
authorized to act as an instructor without meeting the requirements
of Section 11206. The owner license may also include authorization to
act as an instructor if the owner is not designated as the operator
but meets the requirements of Section 11206. The owner license shall
specify if the owner is authorized to offer instruction. If the owner
is not approved to act as an instructor, the school must employ an
instructor licensed pursuant to Section 11206.
   (9) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
   (b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee are required.
   (c) A court-approved program that was in operation prior to July
1, 2011, shall file an application for licensure as a traffic
violator school by March 1, 2012. A court shall not approve a traffic
violator school program after July 1, 2011.
   (1) A court-approved program may continue to operate as approved
by a court until the department makes a licensing decision.
   (2) The department shall approve or deny all completed
applications filed pursuant to this subdivision no later than
December 31, 2012.
   (3) A court-approved program shall be exempt from paragraph (5) of
subdivision (a). The licensed program may continue to use the
curriculum approved by the court until the department establishes
curriculum standards in regulation. The court-approved program must
comply with the new curriculum standards by the effective date
established in regulation.
   (d) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
   (e) Paragraph (7) of subdivision (a) does not apply to public
schools or other public educational institutions.
   (f) A notice approved by the department shall be posted in every
traffic violator school, branch, and classroom location, and
prominently displayed on a home study or Internet program, stating
that any person involved in the offering of, or soliciting for, a
completion certificate for attendance at a traffic violator school
program in which the person does not attend or does not complete the
minimum amount of instruction time may be guilty of violating Section
134 of the Penal Code.
   (g) This section shall become operative on September 1, 2011.
  SEC. 7.  Section 11202.5 of the Vehicle Code is amended to read:
   11202.5.  (a) The department shall license traffic violator school
operators. A person shall not act as a traffic violator school
operator without a currently valid license issued by the department,
unless the person is an owner/operator and is so designated on the
owner's license. Every person, in order to qualify as a traffic
violator school operator, shall meet all of the following criteria in
order to be issued a traffic violator school operator's license:
   (1) Have not committed any act which, if the applicant were
licensed as a traffic violator school operator, would be grounds for
suspension or revocation of the license.
   (2) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, teaching methods and techniques, traffic violator school
statutes and regulations, and office procedures and recordkeeping.
   (3) Be 21 years of age or older.
   (4) Have successfully completed an educational program of not less
than four hours. The program shall include, but is not limited to,
operator responsibilities, current laws, and the regulations in
Article 4 of Title 13 of the California Code of Regulations. The
instruction may be provided by generally accredited educational
institutions, private vocational schools, and education programs and
seminars offered by professional societies, organizations, trade
associations, and other educational and technical programs that meet
the requirements of this section.
   (5) Provide a certification from the owner that the applicant has
the knowledge necessary to perform the duties of the operator.
   (b) All the qualifying requirements specified in this section
shall be met within one year from the date of application for the
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the required fee.

  SEC. 5.  Section 11205 of the Vehicle Code, as amended by Section 1
of Chapter 518 of the Statutes of 2003, is amended to read:
   11205.  (a) The department shall publish a traffic violator school
referral list of all the approved locations of traffic violator
school classes, by school name, to be transmitted to each superior
court in the state in sufficient quantity to allow the courts to
provide a copy to each person referred to traffic violator school.
The list shall be revised at least twice annually and transmitted to
the courts by the first day of January and the first day of July. It
shall include all of the following:
   (1) The name of each traffic violator school or, pursuant to
subdivision (d), the general term "traffic violator school" followed
by its traffic violator school license number.
   (2) A phone number used for student information.
   (3) The county and the judicial district.
   (4) The cities where classes are available.
   (b) Each traffic violator school owner shall be permitted one
school name in a judicial district.
   (c) The list shall be organized alphabetically in sections for
each county and subsections for each judicial district within the
county. The order of the names within each judicial district shall be
random pursuant to a drawing or lottery conducted by the department.

   (d) On the list prepared by the department under subdivision (c),
each traffic violator school shall appear by name unless a court
determines, pursuant to subdivision (e), that a name is inappropriate
and directs the department to delete the name and instead list the
school by the term "traffic violator school" followed by its license
number. The deletion of the name of a school from the list for a
judicial district shall not affect whether that school appears by
name on the list for any other judicial district within the state. In
making a determination under this subdivision regarding the deletion
of a name from the list, the court shall use as its criteria whether
the name is misleading to the public, undignified, or implies that
the school offers inducements or premiums which derogate or distort
the instructional intent of the traffic safety program.
   (e) When the department transmits any referral list pursuant to
subdivision (a), each court shall do all of the following:
   (1) Within 30 days of receipt of the list, notify the school owner
of any school name that the court intends to remove from the
referral list. In its written notice, the court shall set forth the
specific basis and rationale for its decision.
   (2) Within 60 days of receipt of the list, make every effort to
schedule, conduct, and complete a hearing for the school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion of
the hearing, pursuant to subdivision (h).
   (3) Within 10 days of the completion of that hearing, notify the
department and school owner of any school names it intends to remove
from the referral list.
   (f) In order for a court action to delete a school name from the
next referral list published by the department, the department shall
receive court notification no later than 90 days prior to publication
of the next referral list and, absent a direct order by the
appellate division of the superior court or a court of higher
jurisdiction, the department may not fail to publish a referral list
on the grounds that there exists pending litigation or appeals
concerning the lists.
   (g) Any court notifying the department of a school name it intends
to remove from the list, pursuant to this section, shall provide the
school owner with the name of the judge making those findings.
   (h) When a court informs a school owner, pursuant to subdivision
(e), of its decision to delete the name of a traffic violator school
from that judicial district's subsection of the department's traffic
violator school referral list, the owner may, on a form approved by
the department, submit a substitute name to the court and request
approval of that name. The court shall, within 30 days of receipt of
the request for approval of the substitute name, inform the
department and the school owner, on a form approved by the
department, of its approval or rejection of the substitute name. The
school owner may continue this appeal process for approval of a
substitute name until the court determines that the name does not
violate the standard set forth in subdivision (d). A name approval in
a judicial district shall not affect the school's name or listing in
any other district in the state. The department shall not impose any
fee or license requirement under this subdivision.
   (i) If a court fails to act within 30 days on a request of a
traffic violator school owner, pursuant to subdivision (h), the
proposed substitute name shall be deemed approved by the court for
the purposes of the traffic violator school referral list.
   (j) (1) Every application filed with the department on and after
June 1, 1991, for an original license by a traffic school owner or
for approval to conduct classes in a judicial district not previously
approved, shall be accompanied by the approval of the court in each
judicial district proposed for those operations of the name of the
school, on a form approved by the department for that purpose. For
the approved name to be included in the traffic violator school
referral list, the form shall be received by the department no later
than 90 days prior to publication.
   (2) When a court disapproves a school name pursuant to this
subdivision, the court shall notify the school owner within 30 days
of its disapproval and schedule a hearing for that school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion of
the hearing, pursuant to subdivision (h).
   (3) The court shall make every effort to schedule, conduct, and
complete a hearing within 60 days of receipt of the school owner's
request for a school name approval. A name approval in a judicial
district shall not affect the school's name or listing in any other
district in the state. A change in physical location by a school
within a judicial district shall not require approval pursuant to
this subdivision.
   (k) The department shall publish a list of the owners of traffic
violator schools. One copy shall be provided to each superior court
in the state. This list shall be revised at least twice annually and
transmitted to the courts by the first day of January and the first
day of July. This list shall include all of the following:
   (1) The name of each school, grouped by owner.
   (2) The business office address.
   (3) The business office telephone number.
   (4) The license number.
   (5) The owner's name.
   (6) The operator's name.
   (  l  ) Except as otherwise provided in subdivision (d)
of Section 42005, the court shall use either the current list of
traffic violator schools published by the department when it orders a
person to complete a traffic violator school pursuant to subdivision
(a) or (b) of Section 42005 or, when a court utilizing a nonprofit
agency for traffic violator school administration and monitoring
services in which all traffic violator schools licensed by the
department are allowed the opportunity to participate, a statewide
referral list may be published by the nonprofit agency and
distributed by the court. The agency shall monitor each classroom
location situated within the judicial districts in which that agency
provides services to the courts and is represented on its referral
list. The monitoring shall occur at least once every 90 days with
reports forwarded to the department and the respective courts on a
monthly basis.
   (m) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
   (n) If any provision of subdivision (d) or (e), as added by
Section 4 of Assembly Bill 185 of the 1991-92 Regular Session, or the
application thereof to any person, is held to be unconstitutional,
this section is repealed on the date the decision of the court so
holding becomes final.
   (o) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 5.5.  Section 11205 is added to the Vehicle Code, to read:
   11205.  (a) The department shall provide a list of licensed
traffic violator schools on its Internet Web site. For each licensed
school, the list shall indicate the modalities of instruction offered
and specify the cities where classroom instruction is offered. The
sequential listing of licensed schools shall be randomized daily.
   (b) When a court or traffic assistance program (TAP) provides a
hard copy list of licensed traffic violator schools to a traffic
violator, the court or TAP shall provide only a current date-stamped
list downloaded from the department's Internet Web site. The hard
copy list shall be as current as practicable, but in no event shall a
list be distributed with a date stamp that is more than 60 days old.

   (c) The department shall, by April 1, 2012, develop a Web-based
database that will enable the department, the courts, and traffic
violator schools to monitor, report, and track participation and
course completion. Traffic violator schools shall update course
information within three business days of class completion and
provide to the courts class completion information on a daily basis.
   (d) This section shall become operative on September 1, 2011.
  SEC. 6.  Section 11205.1 of the Vehicle Code is amended to read:
   11205.1.  Until January 1, 2013, the fee authorized in subdivision
(d) of Section 11205.2, and after January 1, 2013, the fee
authorized in subdivision (c) of Section 11205.2, shall be applicable
only in those instances where a traffic violator has agreed to
attend or has been ordered to attend a traffic violator school
pursuant to Section 41501 or 42005.
  SEC. 7.  Section 11205.2 of the Vehicle Code is amended to read:
   11205.2.  (a) As used in this chapter, court assistance program
(CAP) is a public or private nonprofit agency that provides services,
under contract with a court, to process traffic violators.
   (b) A court may use a CAP to assist the court in performing
services related to the processing of traffic violators. As used in
this section, "services" includes those services relating to the
processing of traffic violators at, and for, the court.
   (c) Whenever a CAP monitors a designated traffic violator school,
the CAP shall follow the procedures set forth in subdivision (d) of
Section 11214. The CAP shall send its monitoring report to the
department for review, evaluation, processing and any further action
determined necessary by the department. A copy of the report shall
also be provided to the court. The role of a CAP is limited to that
set forth in this chapter. Nothing in this chapter abrogates or
limits the inherent powers of the courts under Article VI of the
California Constitution.
   (d) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
   (e) When a monitoring report is adverse, the CAP shall send a copy
to the licensee within 30 days after the date of the monitoring.
Copies of all other monitoring reports shall be available to a
licensee upon request and payment of a fee. The fee may not exceed
the cost of postage and photocopying.
   (f) The department or a court may not remove the name of a traffic
violator school that does not have a suspended or revoked license
from any part of a student referral list published by the department
or CAP pursuant to Section 11205, unless the school owner is first
provided notice and the opportunity to request a hearing conducted by
the department or a court, to determine whether there are sufficient
grounds to warrant removal of the school's name. Any decision to
remove a name may be appealed to any court of competent jurisdiction.

   (g) In the event that a CAP, acting pursuant to a contract with a
court, audits or inspects the records of a traffic violator school,
the CAP shall use the same process and procedures used by the
department to conduct the audit or inspection.
   (h) This section does not preclude a court from entering into a
contract with public or private nonprofit agencies to provide
services to the court, other than those described in this section.
   (i) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
  SEC. 7.5.  Section 11205.2 is added to the Vehicle Code, to read:
   11205.2.  (a) As used in this chapter, a traffic assistance
program (TAP) is a public or private nonprofit agency that provides
services, under contract with a court to process traffic violators or
under contract with the department to assist in oversight
activities.
   (b) A court may use a TAP to assist the court in performing
services related to the processing of traffic violators. As used in
this section, "services" means those services relating to the
processing of traffic infraction cases at, and for, the court,
including printing and providing to the court and traffic violators
hard copy county-specific lists printed from the department's
Internet Web site, administratively assisting traffic violators, and
any other lawful activity relating to the administration of the court'
s traffic infraction caseload.
   (c) The court may charge a traffic violator a fee to defray the
costs incurred by a TAP for traffic case administration services
provided to the court pursuant to subdivision (b). The court may
delegate collection of the fee to the TAP. Fees shall be approved and
regulated by the court. The fee shall not exceed the actual costs
incurred by the TAP for the activities authorized under subdivision
(b).
   (d) This section shall become operative on January 1, 2013.
  SEC. 8.  Section 11205.4 of the Vehicle Code is repealed.
  SEC. 8.5.  Section 11205.4 is added to the Vehicle Code, to read:
   11205.4.  (a) The department may use a traffic assistance program
(TAP), or until January 1, 2013, a CAP established pursuant to
Section 11205.2, for monitoring of licensed traffic violator schools,
including but not limited to, audits, inspections, review and
examination of business records, class records, business practices,
the content of the program of instruction set forth in the lesson
plan, or curriculum of a licensee. Inspection includes, but is not
limited to, the review of the business office, branch office, and
applicable classroom facilities of a licensee. Monitoring includes
onsite review of actual presentation of the traffic safety
instruction provided in a classroom and any other activity deemed
necessary to ensure high-quality education of traffic violators.
   (b) This section shall become operative on September 1, 2011.
  SEC. 9.  Section 11208 of the Vehicle Code is amended to read:
   11208.  (a) Fees for issuance by the department of a license to a
traffic violator school owner shall be as follows:
   (1) For the original license or an ownership change which requires
a new application, except as provided by Section 42231, a fee of one
hundred fifty dollars ($150), with an additional fee of seventy
dollars ($70) for each separate traffic violator school branch or
classroom location licensed. The fee prescribed by this subdivision
is nonrefundable.
   (2) For annual renewal of the license for a traffic violator
school and for each branch or classroom location, a fee of fifty
dollars ($50).
   (3) If alteration of an existing license is required by a firm
name change, a change in corporate officer structure, address change,
or the addition of a traffic violator school branch or classroom
location, a fee of seventy dollars ($70).
   (4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
   (b) Fees for the issuance by the department of a license for a
traffic violator school operator shall be as follows:
   (1) For the original license, a nonrefundable fee of one hundred
dollars ($100).
   (2) For annual renewal of the license, a fee of fifty dollars
($50).
   (3) If alteration of an existing license is caused by a change in
the name or location of the established principal place of business
of the traffic violator school operated by the licensee, including a
transfer by a licensee from one traffic violator school to another, a
fee of fifteen dollars ($15).
   (4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
   (c) Fees for the issuance by the department of a license for a
traffic violator school instructor shall be as follows:
   (1) For the original license, except as provided by Section 42231,
a nonrefundable fee of thirty dollars ($30).
   (2) For the triennial renewal of a license, a fee of thirty
dollars ($30).
   (3) If alteration of an existing license is required by a change
in the instructor's employing school's name or location, or transfer
of the instructor's license to another employing school, a fee of
fifteen dollars ($15).
   (4) For replacement of the instructor's license certificate when
the original license is lost, stolen, or mutilated, a fee of fifteen
dollars ($15).
   (d) The department shall charge a fee, not to exceed three dollars
($3), for each completion certificate issued by a traffic violator
school to each person referred by a court pursuant to Section 42005
and completing instruction at the traffic violator school. The amount
of the fee shall be determined by the department and shall be a fee
sufficient to defray the actual costs incurred by the department for
publication and distribution of lists of schools for traffic
violators pursuant to Section 11205, for monitoring instruction,
business practices, and records of schools for traffic violators and
for any other activities deemed necessary by the department to assure
high quality education for traffic violators. Upon satisfactory
completion of the instruction offered by a licensed traffic violator
school, the traffic violator school shall provide the student
referred by a court pursuant to Section 42005 with a certificate of
completion furnished by the department. A certificate of completion
shall not be issued to a person who elects to attend a traffic
violator school. A traffic violator school shall not charge a fee in
excess of the fee charged by the department pursuant to this
subdivision for furnishing a certificate of completion. A traffic
violator school may charge a fee not to exceed fifteen dollars ($15),
to issue a duplicate certificate of completion that was requested by
a traffic violator, when the original certificate was lost, stolen,
or mutilated. A student referred by a court pursuant to Section 42005
shall present this certificate of completion to the court as proof
of completion of instruction, and no other proof of completion of
instruction may be accepted by the court.
   (e) The department shall compile its actual costs incurred to
determine the fee prescribed in subdivision (d) and make available
its financial records used in the determination of the fee for
completion certificates. The fee shall be adjusted every odd-numbered
year based upon the costs incurred during the preceding two fiscal
years. The records described in this subdivision are public records.
   (f) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2012, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 10.  Section 11208 is added to the Vehicle Code, to read:
   11208.  (a) The department shall charge a fee, to be determined by
the department, for the following traffic violator school program
activities:
   (1) Original issuance of a traffic violator school owner,
operator, instructor, and branch or classroom location license.
   (2) Renewal of a traffic violator school owner, operator,
instructor, and branch or classroom location license.
   (3) Issuance of a duplicate or corrected traffic violator school
owner, operator, instructor, and branch or classroom location
license.
   (4) Transfer of an operator or instructor license from one traffic
violator school to another.

          (5) Approval of curriculum, based on the instructional
modality of the curriculum.
   (6) Fees for administering the examinations pursuant to Sections
11206 and 11207.
   (b) The fees authorized under subdivision (a) shall be sufficient
to defray the actual cost to the department to administer the traffic
violator school program, except for routine monitoring of
instruction.
   (c) A single administrative fee shall be assessed against, and
collected by the court pursuant to Section 42007.1 from, each driver
who is allowed or ordered to attend traffic violator school. Included
in this fee shall be an amount determined by the department to be
sufficient to defray the cost of routine monitoring of traffic
violator school instruction.
   (d) This section shall become operative on September 1, 2011.
  SEC. 10.5.  Section 11208.5 is added to the Vehicle Code, to read:
   11208.5.  (a) By December 31, 2011, and by December 31 of each
year thereafter, the department shall report to the Legislature on
the status and progress of its efforts to implement the act that adds
this section. This annual report shall include information on all of
the following:
   (1) The number and type of programs licensed.
   (2) The average number of days required to process each
application for licensure.
   (3) The performance measures established for its monitoring
activities, including those contracted out to third parties.
   (4) Details with respect to costs to show how fees authorized by
the act that adds this section were expended.
   (5) A breakdown of all complaints received and their disposition
or resolution.
   (b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
   (c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2016.
  SEC. 11.  Section 40512.6 of the Vehicle Code is amended to read:
   40512.6.  (a) If a defendant who elects to attend a traffic
violator school in accordance with Section 42005, and has paid the
full traffic violator school fee under Section 42007, fails to submit
proof of completion within the time ordered by the court or any
extension thereof, the court may, following notice to the defendant,
order that the fee paid by the defendant be converted to bail and
declare the bail forfeited. The bail forfeiture under this section
shall be distributed as provided by Section 42007. Upon forfeiture of
the bail, the court may order that no further proceedings shall be
had in the case.
   (b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 11.5.  Section 40512.6 is added to the Vehicle Code, to read:
   40512.6.  (a) If a defendant who elects or is ordered to attend a
traffic violator school in accordance with Section 42005 and has paid
the full traffic violator school bail amount required under Section
42007 fails to successfully complete the program within the time
ordered by the court or any extension thereof, the court may,
following notice to the defendant, order that the fee paid by the
defendant be converted to bail and declare the bail forfeited. The
bail forfeiture under this section shall be distributed as provided
by Section 42007. Upon forfeiture of the bail, the court may order
that no further proceedings shall be had in the case.
   (b) This section shall become operative on July 1, 2011.
  SEC. 12.  Section 41501 of the Vehicle Code is amended to read:
   41501.  (a) The court may order a continuance of a proceeding
against a person, who receives a notice to appear in court for a
violation of a statute relating to the safe operation of a vehicle,
in consideration for attendance at a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, and, after that attendance and
pursuant to Section 1803.5 or 42005, the court may dismiss the
complaint under the following conditions:
   (1) If the offense is alleged to have been committed within 12
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint. The court may order attendance at a licensed school
for traffic violators that offers a program of at least 12 hours of
instruction.
   (2) If the offense is not alleged to have occurred within 18
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint if the attendance is at any of the types of schools or
programs that the court directed pursuant to Section 42005 at the
time of ordering the continuance.
   (b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.
   (c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 12.5.  Section 41501 is added to the Vehicle Code, to read:
   41501.  (a) After a deposit of bail and bail forfeiture, a plea of
guilty or no contest, or a conviction, the court may order a
continuance of a proceeding against a person, who receives a notice
to appear in court for a violation of a statute relating to the safe
operation of a vehicle, in consideration for successful completion of
a course of instruction at a licensed school for traffic violators
and pursuant to Section 1803.5 or 42005, the court may order that the
conviction be held confidential by the department according to
Section 1808.7. The court shall notify a person that only one
conviction within 18 months will be held confidential.
   (b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.
   (c) This section shall become operative on July 1, 2011.
  SEC. 13.  Section 42005 of the Vehicle Code is amended to read:
   42005.  (a) The court may order or permit a person convicted of a
traffic violation to attend a traffic violator school licensed
pursuant to Chapter 1.5 (commencing with Section 11200) of Division
5.
   (b) In lieu of adjudicating a traffic offense committed by a
person who holds a noncommercial class C, class M1, or class M2
driver's license, and with the consent of the defendant, the court
may order the person to attend a licensed traffic violator school, a
licensed driving school, or any other court-approved program or
driving instruction.
   (c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, a licensed driving school, or any other
court-approved program of driving instruction in lieu of adjudicating
any traffic offense committed by the holder of a class A, class B,
or commercial class C driver's license.
   (d) The court may not order or permit a person, regardless of the
driver's license class, to complete a licensed traffic violator
school, a licensed driving school, or any other court-approved
program of driving instruction in lieu of adjudicating an offense if
that offense is either of the following:
   (1) Occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
   (2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
   (e) Except as otherwise provided in subdivision (a) of Section
42005.2, a person so ordered may choose the traffic violator school
the person will attend. The court shall make available to each person
subject to that order the current list of traffic violator schools
published by the department pursuant to Section 11205.
   (f) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
   (g) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 13.5.  Section 42005 is added to the Vehicle Code, to read:
   42005.  (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or no contest or is convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
   (b) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, in lieu of adjudicating any traffic offense or
order that a conviction of a traffic offense by a person holding a
class A, class B, or commercial class C driver's license be kept
confidential.
   (c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7 or permit a person,
regardless of the driver's license class, to complete a program at a
licensed traffic violator school in lieu of adjudicating an offense
if either of the following applies to the offense:
   (1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
   (2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
   (d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) may choose the traffic violator school the person
will attend. The court shall provide to each person subject to that
order or referral the department's current list of licensed traffic
violator schools.
   (e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
   (f) This section shall become operative on July 1, 2011.
  SEC. 13.7.  Section 42005.1 of the Vehicle Code is amended to read:

   42005.1.  The court may order a person designated to attend a
traffic violator school to instead participate in a study of traffic
violator schools licensed pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5. The person's participation in that
study constitutes attending a licensed traffic violator school
program.
  SEC. 14.  Section 42005.2 is added to the Vehicle Code, to read:
   42005.2.  (a) In those counties in which, prior to January 1,
1985, one or more individual courts, or the county acting on behalf
of one or more individual courts, contracted for the provision of
traffic safety instructional services to traffic violators referred
by the court pursuant to a pretrial diversion program, the courts may
restrict referrals to those schools for traffic violators or
licensed driving schools that are under contract with the court or
with the county to provide traffic safety instructional services for
persons referred pursuant to subdivision (a) of Section 42005.
   (b) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county,
and the county shall be exempt from state regulations relative to
maximum classroom attendance.
   (c) Notwithstanding subdivisions (a) and (b), a court in the
counties described in those subdivisions shall comply with the
prohibitions set forth in subdivisions (c) and (d) of Section 42005.
   (d) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.
  SEC. 15.  Section 42005.5 of the Vehicle Code is amended to read:
   42005.5.  Notwithstanding Section 46300 or 84500 of the Education
Code or any other provision of law, on and after September 1, 1985,
attendance at a school for traffic violators permitted or ordered
pursuant to Section 41501 or 42005 shall not be included in computing
the average daily attendance of any school district, community
college district, or other public educational institution for
purposes of allocation of state funds.
  SEC. 16.  Section 42007 of the Vehicle Code is amended to read:
   42007.  (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee shall
be in an amount equal to the total bail set forth for the eligible
offense on the uniform countywide bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
   The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
   (3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
   (A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
   (d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
   (e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.

   (f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
   (g) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 16.5.  Section 42007 is added to the Vehicle Code, to read:
   42007.  (a) (1) The clerk of the court shall collect from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Statewide Bail Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts. If multiple offenses are charged in a single notice
to appear, the "total bail" is the amount applicable for the greater
of the qualifying offenses. However, the court may determine a lesser
fee under this subdivision upon a showing that the defendant is
unable to pay the full amount. The fee shall not include the cost, or
any part thereof, of traffic safety instruction offered by a traffic
violator school.
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. If the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
   (3)  If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
   (A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility that was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
   (d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.

   (e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
   (f) This section shall become operative on July 1, 2011.
  SEC. 17.  Section 42007.1 of the Vehicle Code is amended to read:
   42007.1.  (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee determined by the department to be sufficient to defray the cost
of routine monitoring of traffic violator school instruction pursuant
to subdivision (c) of Section 11208, and a fee, if any, established
by the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.
   (b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
   (c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
  SEC. 18.  Section 42007.3 of the Vehicle Code is amended to read:
   42007.3.  (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 41501
or 42005 as a result of a violation of subdivision (a) or (c) of
Section 21453, subdivision (c) of Section 21454, or subdivision (a)
of Section 21457 shall be allocated as follows:
   (1) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
   (2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
   (b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
  SEC. 19.  Section 42007.4 of the Vehicle Code is amended to read:
                                                        42007.4.  (a)
Notwithstanding Section 42007, revenues derived from fees collected
under Section 42007 from each person required or permitted to attend
traffic violator school pursuant to Section 369b of the Penal Code as
a result of a violation of subdivision (c) of Section 21752,
involving railroad grade crossings, or Section 22451 or 22452 shall
be allocated as follows:
   (1) If the offense occurred in an area where a transit district or
transportation commission established under Division 12 (commencing
with Section 130000) of the Public Utilities Code provides rail
transportation, the first 30 percent of the amount collected shall be
allocated to the general fund of that transit district or
transportation commission to be used only for public safety and
public education purposes relating to railroad grade crossings.
   (2) If there is no transit district or transportation commission
providing rail transportation in the area where the offense occurred,
the first 30 percent of the amount collected shall be allocated to
the general fund of the county in which the offense occurred, to be
used only for public safety and public education purposes relating to
railroad grade crossings.
   (3) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463 of the Penal Code.
   (4) A transit district, transportation commission, or a county
that is allocated funds pursuant to paragraph (1) or (2) shall
provide public safety and public education relating to railroad grade
crossings only to the extent that those purposes are funded by the
allocations provided pursuant to paragraph (1) or (2).
   (b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
  SEC. 20.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 21.  Section 8 of this act shall become operative on September
1, 2011.