Amended in Senate June 16, 2015

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 would 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.begin insert The bill would provide that the insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for these purposes, and would specify that an insurance agent or broker who has lawfully transmitted a record as authorized under these provisions is not responsible for the subsequent handling of that record by any recipient who is authorized to receive the record under these provisions.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:

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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
P3    113202.7, or Section 256 of the Welfare and Institutions Code shall
2be disclosed only during the actual time period in which the
3suspension is in effect.

4(d) The department shall not make available or disclose a
5suspension or revocation that has been judicially set aside or stayed.

6(e) The department shall not make available or disclose personal
7information about a person unless the disclosure is in compliance
8with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
92721 et seq.). However, a disclosure is subject to the prohibition
10in paragraph (2) of subdivision (a) of Section 12800.5.

11(f) The department shall make available or disclose to the courts
12and law enforcement agencies a conviction of Section 23103, as
13specified in Section 23103.5, or a conviction of Section 23140,
1423152, or 23153, or Section 655 of the Harbors and Navigation
15Code, or paragraph (1) of subdivision (c) of Section 192 of the
16Penal Code for a period of 10 years from the date of the offense
17for the purpose of imposing penalties mandated by this code, or
18by other applicable state law.

19(g) The department shall make available or disclose to the courts
20and law enforcement agencies a conviction of Section 191.5, or
21subdivision (a) of Section 192.5 of the Penal Code, punished as a
22felony, for the purpose of imposing penalties mandated by Section
2323550.5, or by other applicable state law.

24(h) begin insert(1)end insertbegin insertend insertConsent to the use of a person’s driver’s license number
25by the insurance agent or broker of an insurer, insurance licensee,
26employer, or prospective employer to obtain, transmit, or otherwise
27utilize the motor vehicle records of that person pursuant to this
28section shall be presumed if the person provides his or her driver’s
29license number, or the driver’s license number of any dependent,
30to an insurer, insurance licensee, employer, or prospective employer
31for the purpose of eligibility, underwriting, and rating of personal
32or commercial insurance coverage or eligibility for employment
33or continued employment involving the use of a motor vehicle.

begin insert

34(2) The insurance agent or broker of the insurer, insurance
35licensee, employer, or prospective employer is authorized to
36transmit motor vehicle records for the purposes described in
37paragraph (1) of this subdivision. An insurance agent or broker
38who has lawfully transmitted a record as authorized by this section
39is not responsible for the subsequent handling of that record by
P4    1any recipient who is authorized to receive a record under this
2section.

end insert


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