BILL NUMBER: AB 432 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Hall
FEBRUARY 14, 2011
An act to amend Sections 40518 and 40520 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 432, as amended, Hall. Vehicles: notice to appear: service.
(1) Existing law provides special written, mailed notice to appear
procedures in connection with certain alleged traffic violations,
including those recorded by an automated traffic enforcement system,
and also requires that for those violations recorded by an automated
traffic enforcement system the governmental agency may not contract
out to the manufacturer or supplier of the automated traffic
enforcement system the requirement to maintain controls necessary to
ensure that only those citations that have been reviewed and approved
by law enforcement are delivered to violators.
This bill would require that only a peace officer or a qualified
employee of a law enforcement agency may serve a notice to appear for
the specified traffic offenses, including those recorded by an
automated traffic enforcement system , and would
require that the notice to appear be enclosed in an official envelope
of the issuing agency . By expanding the duties of local law
enforcement officials, the bill would impose a state-mandated local
program.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40518 of the Vehicle Code is amended to read:
40518. (a) A written notice to appear shall be issued by a peace
officer or by a qualified employee of a law enforcement agency on a
form approved by the Judicial Council and enclosed in an
official envelope of the issuing agency, for an alleged
violation of Section 22451, or, based on an alleged violation of
Section 21453, 21455, or 22101 recorded by an automated traffic
enforcement system pursuant to Section 21455.5 or 22451, and
delivered by mail within 15 days of the alleged violation to the
current address of the registered owner of the vehicle on file with
the department, with a certificate of mailing obtained through the
United States Postal Service as evidence of service. An exact and
legible duplicate copy of the notice to appear when filed with the
magistrate shall constitute a complaint to which the defendant may
enter a plea. Preparation and delivery of a notice to appear pursuant
to this section is not an arrest.
(b) A notice to appear shall contain the name and address of the
person, the license plate number of the person's vehicle, the
violation charged, including a description of the offense, and the
time and place when, and where, the person may appear in court or
before a person authorized to receive a deposit of bail. The time
specified shall be at least 10 days after the notice to appear is
delivered.
SEC. 2. Section 40520 of the Vehicle Code is amended to read:
40520. (a) A notice to appear issued pursuant to Section 40518
for an alleged violation recorded by an automatic traffic enforcement
system shall contain, or be accompanied by, an affidavit of
nonliability and information as to what constitutes nonliability,
information as to the effect of executing the affidavit, and
instructions for returning the affidavit to the issuing agency.
(b) (1) If a notice to appear is sent to a car rental or leasing
company, as the registered owner of the vehicle, the company may
return the notice of nonliability pursuant to paragraph (2), if the
violation occurred when the vehicle was either leased or rented and
operated by a person other than an employee of the rental or leasing
company.
(2) If the affidavit of nonliability is returned to the issuing
agency by the registered owner within 30 days of the mailing of the
notice to appear together with the proof of a written rental
agreement or lease between a bona fide renting or leasing company and
its customer and that agreement identifies the renter or lessee and
provides the driver's license number, name, and address of the renter
or lessee, the agency shall cancel the notice for the registered
owner to appear and shall, instead, issue a notice to appear to the
renter or lessee identified in the affidavit of nonliability.
(c) Nothing in this section precludes an issuing agency from
establishing a procedure whereby registered owners, other than bona
fide renting and leasing companies, may execute an affidavit of
nonliability if the registered owner identifies the person who was
the driver of the vehicle at the time of the alleged violation and
whereby the issuing agency issues a notice to appear pursuant to
Section 40518 to that person.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.