BILL NUMBER: AB 933	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 26, 2015

   An act to amend Section 1808 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 933, as introduced, Frazier. Vehicles: DMV records.
   Existing law provides that all records of the Department of Motor
Vehicles relating to the registration of vehicles, other information
contained on an application for a driver's license, abstracts of
convictions, and certain abstracts of accident reports are required
to be open to public inspection during office hours, except when a
specific provision of law prohibits the disclosure of records or
information or provides for confidentiality.
   This bill would prohibit the Department of Motor Vehicles from
prohibiting an insurance agent or broker from obtaining and
distributing to an insurance company or to any policyholder of either
a private passenger automobile liability policy or a commercial
automobile liability policy any record or information that is open to
public inspection pursuant to the provision described above. The
bill would also delete an obsolete cross-reference.
   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 1808 of the Vehicle Code is amended to read:
   1808.  (a) Except  where   when  a
specific provision of law prohibits the disclosure of records or
information or provides for confidentiality, all records of the
department relating to the registration of vehicles, other
information contained on an application for a driver's license,
abstracts of convictions, and abstracts of accident reports required
to be sent to the department in Sacramento, except for abstracts of
accidents  where   when  , in the opinion
of a reporting officer, another individual was at fault, shall be
open to public inspection during office hours. All abstracts of
accident reports shall be available to law enforcement agencies and
courts of competent jurisdiction.
   (b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
   (1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
   (2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
   (3) Three years for accidents and all other violations.
   (c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256  or 11350.6  of the Welfare
and Institutions Code shall be disclosed only during the actual time
period in which the suspension is in effect.
   (d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
   (e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
   (f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
 provisions of California   state  law.
   (g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable  provisions of California
  state  law. 
   (h) The department shall not prohibit an insurance agent or broker
from obtaining and distributing to an insurance company or to any
policyholder of either a private passenger automobile liability
policy or a commercial automobile liability policy any record or
information that is open to public inspection pursuant to subdivision
(a).