BILL NUMBER: SB 210 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 23, 2009
An act to amend Section 42005 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 210, as introduced, Runner. vehicles: traffic violations:
driving instruction: program.
Existing law authorizes a court to order a person who is convicted
of a traffic violation, with his or her consent, to attend a
licensed traffic violator school, a licensed driving school, or any
other court-approved program of driving instruction in lieu of
adjudicating the traffic offense if the person holds a noncommercial
class C, class M1, or class M2 driver's license, except as specified.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 of driving instruction.
(c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may shall 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 shall 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 (f), 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) In those counties where, 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 under this section 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).
(g) 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.
(h) Notwithstanding subdivisions (f) and (g), a court in the
counties described in those subdivisions shall comply with the
prohibitions set forth in subdivisions (c) and (d).
(i) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.