BILL ANALYSIS �
AB 840
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Date of Hearing: April 15, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 840 (Ammiano) - As Amended: March 21, 2013
SUBJECT : Vehicles: driver's licenses: application requirements
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
have on every application for an original or renewal of a
driver's license a statement requiring the applicant to
acknowledge that he or she understands the dangers of distracted
driving.
EXISTING LAW :
1)Requires every application for an original or renewal of a
driver's license to contain specified information about the
applicant, including, but not limited to:
a) True full name, age, residence address, and social
security number;
b) A brief description of the applicant for purposes of
identification; and,
c) A legible thumb or finger print.
1)Requires every applicant to also acknowledge:
a) Whether they have ever previously been refused a
driver's license in this state;
b) Whether in the last three years they have experienced,
on one or more occasions, a lapse of consciousness or has a
disease, disorder, or disability that may impact their
ability to exercise reasonable control when operating a
motor vehicle upon a highway; and,
c) Whether they understand traffic signs and signals.
1)Establishes the owner of a motor vehicle to be liable and
responsible for the death or injury of a person or property
resulting from a negligent or wrongful act or omission in the
operation of the motor vehicle.
AB 840
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FISCAL EFFECT : Unknown
COMMENTS : The current DMV application for a driver's license or
identification card is a four-page document and requires
specific personal information to be completed. Upon completion,
a person is to sign under penalty of perjury, the application
which also encompasses a number of disclosure statements and
certifications. This bill would, within the abovementioned
acknowledgements, also include a statement that the applicant is
aware of the dangers associated with distracted driving.
The author asserts that law enforcement often has a hard time
prosecuting drivers involved in an accident resulting from
distracted driving. To be successful, the prosecution must be
able to prove that a driver knew, or should have known, that
distracted driving is dangerous. Thus, the author contends this
bill will allow local law enforcement agencies to prosecute
these violations that have resulted in an accident causing
serious injury or death by establishing "intent" that the driver
is aware that distracted driving is dangerous.
AB 2173, (Parra), Chapter 502, Statutes of 2004, addressed a
similar policy issue associated with persons convicted of DUIs.
AB 2173 required these convicted drivers to sign a statement
issued by a court which clearly details the public safety
threats associated with driving under the influence. The intent
behind AB 2173 was to clearly establish "implied malice" against
a driver when the driver conducts "an act with high probability
that it will result in death and does it with a base antisocial
motive and with a wonton disregard for human life." As a
result, AB 2173 provided clarification in statute to eliminate
the opportunity for repeat DUI offenders to claim they were not
informed on the dangers of driving under the influence, and in
turn, greatly improved local law enforcement agencies' ability
to prosecute and convict under more severe penalties.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
AB 840
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None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093