BILL NUMBER: AB 346	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk
   (Coauthors: Assembly Members Lackey and Melendez)

                        FEBRUARY 13, 2015

   An act to amend Section 40302 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 346, as introduced, Wilk. Vehicle infractions and misdemeanors:
arrests.
   Existing law requires that whenever a person is arrested for a
vehicle-related infraction or misdemeanor, he or she be taken
immediately before a magistrate if he or she fails to present his or
her driver's license or other satisfactory evidence of identity for
examination.
   This bill would additionally require that the arrested person be
taken immediately before a magistrate if he or she fails to present
both his or her driver's license or other evidence of identity and an
unobstructed view or his or her full face for examination.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40302 of the Vehicle Code is amended to read:
   40302.  Whenever any person is arrested for any violation of this
code, not declared to be a felony, the arrested person shall be taken
without unnecessary delay before a magistrate within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and is nearest or most accessible
with reference to the place where the arrest is made in any of the
following cases:
   (a) When the person arrested fails to present  both  his
 or her  driver's license or other satisfactory evidence of
his  or her  identity  and an unobstructed view or his
or her full face  for examination.
   (b) When the person arrested refuses to give his  or her 
written promise to appear in court.
   (c) When the person arrested demands an immediate appearance
before a magistrate.
   (d) When the person arrested is charged with violating Section
23152.