BILL ANALYSIS �
AB 840
Page 1
ASSEMBLY THIRD READING
AB 840 (Ammiano)
As Amended May 24, 2013
Majority vote
TRANSPORTATION 10-2 APPROPRIATIONS 12-5
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|Ayes:|Gordon, Ammiano, |Ayes:|Gatto, Bocanegra, |
| |Blumenfield, Bonta, Daly, | |Bradford, |
| |Frazier, Gatto, Holden, | |Ian Calderon, Campos, |
| |Nazarian, Quirk-Silva | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Linder, Patterson |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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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. Specifically, this bill:
1)Requires DMV to print on all original or renewal driver's
license applications a statement that requires the applicant
to acknowledge that they understand the dangers of distracted
driving.
2)Provides clarification on the various forms of distracted
driving that are subject to the provisions of this bill.
3)Delays implementation of the provisions within this bill until
either:
a) The next reprinting of driver's license applications;
or,
b) On or after January 1, 2014.
EXISTING LAW :
AB 840
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time special fund costs to the DMV of $150,000
for programming to modify online and renewal by mail forms.
(Motor Vehicle Account)
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.
AB 840
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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.
This bill was amended in the Assembly Appropriations Committee
to provide additional clarification on what constitutes
"distracted driving." The amendments specify that distracted
driving shall include, but not be limited to, manual, visual,
and cognitive distractions. This bill was also amended to delay
implementation in order to avoid the cost associated for the
destruction of existing forms and the programming to modify
online and renewal by mail forms.
AB 2173, (Parra), Chapter 502, Statutes of 2004, addressed a
similar policy issue associated with persons convicted of
driving under the influence (DUIs) violations. 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.
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0000884