BILL NUMBER: AB 772	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cedillo

                        FEBRUARY 17, 2011

   An act to amend Section 12801.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 772, as introduced, Cedillo. Vehicles: unlicensed drivers.
   Existing law prohibits a peace officer from detaining or arresting
a person solely on the belief that the person is an unlicensed
driver, unless the officer has reasonable cause to believe the person
driving is under 16 years of age.
   This bill would make technical, nonsubstantive changes 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 12801.5 of the Vehicle Code is amended to read:

   12801.5.  (a) Notwithstanding any other  provision of
 law, the department shall require an applicant for an
original driver's license or identification card to submit
satisfactory proof that the applicant's presence in the United States
is authorized under federal law.
   (b) The department shall not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof that the applicant's presence in the United States is
authorized under federal law.
   (c) The department shall adopt regulations to carry out the
purposes of this section, including procedures for, but not limited
to, (1) verifying that the applicant's presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant's status, and (3) appeal
hearings from a denial of a license, temporary license, or
identification card.
   (d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver's licenses and identification cards, in
order for the state to request reimbursement from the federal
government.
   (e) Notwithstanding Section 40300 or any other  provision
of  law, a peace officer may not detain or arrest a person
solely on the belief that the person is an unlicensed driver, unless
the officer has reasonable cause to believe the person driving is
under  the age of 16 years  of age  .
   (f) The inability to obtain a driver's license pursuant to this
section does not abrogate or diminish in any respect the legal
requirement of every driver in this state to obey the motor vehicle
laws of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.