Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 933


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 amended, 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 wouldbegin delete 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.end deletebegin insert provide that consent to the use of a person’s driver’s license number by the insurance agent or broker of an insurer, insurance licensee, employer, or prospective employer to obtain, transmit, or otherwise utilize the motor vehicle records of that person pursuant to the provision described above is presumed if the person provides his or her driver’s license number to an insurer, insurance licensee, employer, or prospective employer for the purpose of eligibility, underwriting, and rating of personal or commercial insurance coverage or eligibility for employment or continued employment involving the use of a motor vehicle.end insert 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:

P2    1

SECTION 1.  

Section 1808 of the Vehicle Code is amended to
2read:

3

1808.  

(a) Except when a specific provision of law prohibits
4the disclosure of records or information or provides for
5confidentiality, all records of the department relating to the
6registration of vehicles, other information contained on an
7application for a driver’s license, abstracts of convictions, and
8abstracts of accident reports required to be sent to the department
9in Sacramento, except for abstracts of accidents when, in the
10opinion of a reporting officer, another individual was at fault, shall
11be open to public inspection during office hours. All abstracts of
12accident reports shall be available to law enforcement agencies
13and courts of competent jurisdiction.

14(b) The department shall make available or disclose abstracts
15of convictions and abstracts of accident reports required to be sent
16to the department in Sacramento, as described in subdivision (a),
17if the date of the occurrence is not later than the following:

18(1) Ten years for a violation pursuant to Section 23140, 23152,
19or 23153.

20(2) Seven years for a violation designated as two points pursuant
21to Section 12810, except as provided in paragraph (1) of this
22subdivision.

23(3) Three years for accidents and all other violations.

24(c) The department shall make available or disclose suspensions
25and revocations of the driving privilege while the suspension or
26revocation is in effect and for three years following termination
27of the action or reinstatement of the privilege, except that driver’s
28license suspension actions taken pursuant to Sections 13202.6 and
2913202.7, or Section 256 of the Welfare and Institutions Code shall
30be disclosed only during the actual time period in which the
31suspension is in effect.

P3    1(d) The department shall not make available or disclose a
2suspension or revocation that has been judicially set aside or stayed.

3(e) The department shall not make available or disclose personal
4information about a person unless the disclosure is in compliance
5with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
62721 et seq.). However, a disclosure is subject to the prohibition
7in paragraph (2) of subdivision (a) of Section 12800.5.

8(f) The department shall make available or disclose to the courts
9and law enforcement agencies a conviction of Section 23103, as
10specified in Section 23103.5, or a conviction of Section 23140,
1123152, or 23153, or Section 655 of the Harbors and Navigation
12Code, or paragraph (1) of subdivision (c) of Section 192 of the
13Penal Code for a period of 10 years from the date of the offense
14for the purpose of imposing penalties mandated by this code, or
15by other applicable state law.

16(g) The department shall make available or disclose to the courts
17and law enforcement agencies a conviction of Section 191.5, or
18subdivision (a) of Section 192.5 of the Penal Code, punished as a
19felony, for the purpose of imposing penalties mandated by Section
2023550.5, or by other applicable state law.

begin delete

21(h) The department shall not prohibit an insurance agent or
22broker from obtaining and distributing to an insurance company
23or to any policyholder of either a private passenger automobile
24liability policy or a commercial automobile liability policy any
25record or information that is open to public inspection pursuant to
26subdivision (a).

end delete
begin insert

27(h) Consent to the use of a person’s driver’s license number by
28the insurance agent or broker of an insurer, insurance licensee,
29employer, or prospective employer to obtain, transmit, or otherwise
30utilize the motor vehicle records of that person pursuant to this
31section shall be presumed if the person provides his or her driver’s
32license number, or the driver’s license number of any dependent,
33to an insurer, insurance licensee, employer, or prospective
34employer for the purpose of eligibility, underwriting, and rating
35of personal or commercial insurance coverage or eligibility for
36employment or continued employment involving the use of a motor
37vehicle.

end insert


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