BILL NUMBER: AB 877	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 25, 2011

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 17, 2011

   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. 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   serving 90 days or longer
in a consecutive 12-month period in a county jail or other county
correctional facility, court or county rehabilitation facility, or
involuntary in home detention  . 
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: 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) 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 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, 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. 
 serving 90 days or longer in a consecutive 12-month period in a
county jail or other county correctional facility, court or county
rehabilitation facility, or involuntary in home detention. 
   (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 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   , or a   county jail
or other county correctional facility, court or county rehabilitation
facility, or involuntary in home detention  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 time the person was committed to the custody of the
Secretary of the Department of Corrections and Rehabilitation
 or   ,  the Division of Juvenile
Facilities  , or a county jail or other county correctional
facility, court or county rehabilitation facility, or involuntary in
home detention  .
   (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 Secretary of the Department of Corrections and
Rehabilitation  or   ,  the Division of
Juvenile Facilities  , or a county jail or other county
correctional facility, court or county rehabilitation facility, or
involuntary in home detention  after the offense that gave rise
to the notice occurred.
   (d) This section does not apply to a nonfelony offense if the
department is required by this code to immediately revoke or suspend
the privilege of a person to drive a motor vehicle upon receipt of a
duly certified abstract of the record of a court showing that the
person has been convicted of that nonfelony offense.
   (e) Subdivision (a), (b), or (c) does not apply to an offense
committed by a person while he is temporarily released from custody
pursuant to law or while he is on parole.
   (f) Subdivision (a), (b), or (c) 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.