BILL NUMBER: AB 877	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 29, 2011
	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 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 a person  for any pending infraction arising out
of the operation of a motor vehicle or for a violation of the Vehicle
Co   de as a pedestrian,  upon serving 90 days or
longer in a consecutive 12-month period  after the date of the
violation  in a county jail or other county correctional
facility, court or county rehabilitation facility, or involuntary in
home detention.
   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   .
  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) A person shall not be subject to prosecution for any
infraction arising out of the operation of a motor vehicle or a
violation of this code as a pedestrian upon serving 90 days or longer
in a consecutive 12-month period after the date of the violation in
a county jail or other county correctional facility, court or county
rehabilitation facility, or involuntary in home detention. 

   (b) 
    (c)  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  pursuant to subdivision (a), or a pending
infraction pursuant to subdivision (b),  occurring prior to the
time a person was committed to the custody of the Secretary of the
Department of Corrections and Rehabilitation, the Division of
Juvenile Facilities, 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, 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) 
    (d)  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, 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) 
    (e)  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) 
    (f)  Subdivision (a), (b),  or (c) 
 (c), or (d)  does not apply to an offense committed by a
person while he  or she  is temporarily released from
custody pursuant to law or while he  or she  is on parole.

   (f) 
    (g)  Subdivision (a),  (b), or (c) 
 (c), or (d)  does not apply if the pending offense is a
violation of Section 23103, 23152, or 23153.