BILL NUMBER: AB 877 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Member Skinner
FEBRUARY 17, 2011
An act relating to expungement. An act to
amend Section 41500 of, and to add Section 41500.5 to, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 877, as amended, Skinner. Expungement.
Vehicles: nonfelony offenses and infractions: removal of records.
Existing law requires that a person not be subject to prosecution
for any nonfelony offense arising out of the operation of a motor
vehicle, or a violation of the Vehicle Code as a pedestrian, that is
pending against him or her at the time of his or her commitment to
the custody of the Secretary of the Department of Corrections and
Rehabilitation or the Division of Juvenile Facilities.
Existing law requires, notwithstanding any other law to the
contrary, that a driver's license shall not be suspended or revoked
or the issuance or renewal of that license be refused as a result of
a pending nonfelony offense occurring prior to the time a person was
committed to the custody of the Secretary of the Department of
Corrections and Rehabilitation or the Division of Juvenile Facilities
or as a result of a notice received by the Department of Motor
Vehicles from a court, a magistrate, or a clerk of that court if the
offense that gave rise to the notice occurred prior to the time that
the person was committed to the custody of the Secretary of the
Department of Corrections and Rehabilitation or the Division of
Juvenile Facilities.
Existing law also requires the Department of Motor Vehicles to
remove from its records any notice received by it from a court, a
magistrate, or a clerk of that court upon receipt of satisfactory
evidence that a person was committed to the custody of the Secretary
of the Department of Corrections and Rehabilitation or the Division
of Juvenile Facilities after the offense that gave rise to the notice
occurred.
This bill would also apply these provisions and the exemption from
prosecution to (1) a person upon completion of his or her sentence
of 6 months or longer in a county jail or a drug treatment center or
other alternative to incarceration if the person's failure to
complete the sentence would result in reincarceration and (2) a
person who has been incarcerated for 90 or more days in any
consecutive 12-month period subsequent to the date of the offense or
violation.
The bill would provide that eligible incarcerated persons and
persons previously incarcerated who are eligible under these
provisions may request relief directly from the Department of Motor
Vehicles or the court. The bill would require a court that receives a
valid request to search its records for eligible pending matters and
dispose of each eligible nonfelony offense pursuant to these
provisions. The bill would also require the court, within 15 days of
receipt of the request, to notify the department of the request and
the department to remove from its records any notice received by it
from any county in the state.
The bill would require the Judicial Council to adopt forms and
instructions for use by persons eligible for relief under these
provisions and would provide that the use of the forms is
recommended, rather than mandatory.
Existing law, if a defendant has fulfilled the conditions of
probation for the entire period of probation, has been discharged
prior to the termination of the period of probation, or if in the
interest of justice, a defendant is authorized to petition the court
to have his or her convictions dismissed, as specified, and be
released from all penalties and disabilities resulting from the
offense of which he or she been convicted, subject to certain
exceptions.
This bill would state that it is the intent of the Legislature to
streamline this procedure.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41500 of the Vehicle
Code is amended to read:
41500. (a) No A person shall
not be subject to prosecution for any nonfelony offense arising
out of the operation of a motor vehicle or a violation of
this code as a pedestrian which that
is pending against him or her at the time of his or
her commitment to the custody of the Director of
Corrections or the Department of the Youth Authority
Secretary of the Department of Corrections and Rehabilitation or the
Division of Juvenile Facilities , or upon completion of a
sentence of six months or longer in a county jail or a drug treatment
center or other alternative to incarceration if the person's failure
to complete the sentence would result in reincarceration .
(b) Notwithstanding any other provisions of law
to the contrary, no a driver's license
shall not be suspended or revoked , nor shall
or the issuance or renewal of a
that license be refused as a result of a pending
nonfelony offense occurring prior to the time a person was committed
to the custody of the Director of Corrections or the
Department of the Youth Authority Secretary of the
Department of Corrections and Rehabilitation or the
Division of Juvenile Facilities or as a result of a notice
received by the department pursuant to subdivision (a) of Section
40509 when if the offense
which that gave rise to the notice occurred prior
to the time a the person was committed
to the custody of the Director of Corrections or the
Department of the Youth Authority Secretary of the
Department of Corrections and Rehabilitation or the Division of
Juvenile Facilities .
(c) The department shall remove from its records any notice
received by it pursuant to subdivision (a) of Section 40509 upon
receipt of satisfactory evidence that a person was committed to the
custody of the Director of Corrections or the Department of
the Youth Authority Secretary of the Department of
Corrections and Rehabilitation or the Division of Juvenile Facilities
after the offense which that
gave rise to the notice occurred.
(d) The provisions of this This
section shall does not apply to
any a nonfelony offense
wherein if the department is required by this
code to immediately revoke or suspend the privilege of any
a person to drive a motor vehicle upon receipt
of a duly certified abstract of the record of any
a court showing that the person has been convicted of that
nonfelony offense.
(e) The provisions of subdivisions
Subdivision (a), (b), and or (c)
do does not apply to any
an offense committed by a person while he is
temporarily released from custody pursuant to law or while he is on
parole.
(f) The provisions of subdivisions
Subdivision (a), (b), and or (c)
do does not apply if the pending
offense is a violation of Section 23103, 23152, or 23153.
(g) Eligible incarcerated persons and persons previously
incarcerated who are eligible under this section may request relief
directly from the department or the court. A court that receives a
valid request shall search its records for eligible pending matters
and dispose of each eligible nonfelony offense pursuant to this
section. The court shall, within 15 days of receipt of the request,
notify the department of the request and the department shall remove
from its records any notice received by it pursuant to subdivision
(a) of Section 40509 from any county in the state.
(h) The Judicial Council shall adopt forms and instructions for
use by persons eligible for relief under this section. Use of the
forms is recommended, rather than mandatory.
SEC. 2. Section 41500.5 is added to the
Vehicle Code , to read:
41500.5. (a) A person shall not be subject to prosecution for any
nonfelony offense arising out of the operation of a motor vehicle or
a violation of this code as a pedestrian that is pending against him
or her once he or she has been incarcerated for 90 or more days in
any consecutive 12-month period subsequent to the date of the offense
or violation.
(b) Notwithstanding any other law to the contrary, a driver's
license shall not be suspended or revoked or the issuance or renewal
of that license be refused as a result of a pending infraction
occurring prior to the 90 or more days in any consecutive 12-month
period of incarceration or as a result of a notice received by the
department pursuant to subdivision (a) of Section 40509 if the
offense that gave rise to the notice occurred prior to the
incarceration period of 90 or more days in any consecutive 12-month
period.
(c) The department shall remove from its records any notice
received by it pursuant to subdivision (a) of Section 40509 upon
receipt of satisfactory evidence that a person was incarcerated in
any correctional institution for a period of 90 or more days in a
consecutive 12-month period.
(d) This section shall not apply to any nonfelony offense wherein
the department is required by this code to immediately revoke or
suspend the privilege of any person to drive a motor vehicle upon
receipt of a duly certified abstract of the record of any court
showing that the person has been convicted of that nonfelony offense.
(e) Eligible incarcerated persons and persons previously
incarcerated who are eligible under this section may request relief
directly from the department or the court. A court that receives a
valid request shall search its records for eligible pending matters
and dispose of each eligible nonfelony offense pursuant to this
section. The court shall, within 15 days of receipt of the request,
notify the department of the request and the department shall expunge
from its records any notice received by it pursuant to subdivision
(a) of Section 40509 from any county in the state.
(f) The Judicial Council shall adopt forms and instructions for
use by persons eligible for relief under this section. Use of the
forms is recommended, rather than mandatory.
SECTION 1. It is the intent of the Legislature
to streamline the expungement process under which any defendant who
successfully fulfills the conditions of probation has a right to
petition for the dismissal of his or her conviction and to be
released from all penalties and disabilities resulting from that
conviction.