AB 1932, as introduced, Obernolte. Vehicles: traffic violator school.
Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the court, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order persons who hold a specified noncommercial driver’s license, or certain persons who hold a specified commercial driver’s license, to attend a licensed traffic violator school. Existing law prohibits a court from ordering that a conviction of an offense relating to the safe operation of a vehicle be kept confidential, from permitting avoidance of consideration of violation point counts, or from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense if the offense occurred in a commercial vehicle or is one of specified driving offenses.
This bill would make a technical, nonsubstantive change to the latter provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 42005 of the Vehicle Code is amended
2to read:
(a) Except as otherwise provided in this section, after
4a deposit of the fee under Section 42007 or bail, a plea of guilty
5or no contest, or a conviction, a court may order or permit a person
6who holds a noncommercial class C, class M1, or class M2 driver’s
7license who pleads guilty or who pleads no contest or who is
8convicted of a traffic offense to attend a traffic violator school
9licensed pursuant to Chapter 1.5 (commencing with Section 11200)
10of Division 5.
11(b) To the extent the court is in conformance with Title 49 of
12the Code of Federal Regulations, and except as otherwise provided
13in this section, the court may, after deposit of the fee under Section
1442007 or bail, order or permit a person who holds a class A, class
15B, or commercial class C driver’s license,
who pleads guilty or no
16contest or is convicted of a traffic offense, to complete a course
17of instruction at a licensed traffic violator school if the person was
18operating a vehicle requiring only a class C license, or a class M
19license. The court may not order that the record of conviction be
20kept confidential. However, the conviction shall not be added to
21a violation point count for purposes of determining whether a
22driver is presumed to be a negligent operator under Section
2312810.5.
24(c) The court shall not order that a conviction of an offense be
25kept confidential according to Section 1808.7, order or permit
26avoidance of consideration of violation point counts under
27subdivision (b), or permit a person, regardless of the driver’s
28license class, to complete a program at a licensed traffic violator
29school in lieu of adjudicating an offense if any of the following
30applies to the offense:
31(1) It occurred in a commercial motor vehicle, as defined in
32subdivision (b) of Section 15210.
33(2) begin deleteIs end deletebegin insertIt is end inserta violation of Section 20001, 20002, 23103, 23104,
3423105, 23140, 23152, or 23153, or of Section 23103, as specified
35in Section 23103.5.
36(3) It is a violation described in subdivision (d) or (e) of Section
3712810.
P3 1(d) A person ordered to attend a traffic violator school pursuant
2to subdivision (a) or (b) may choose the traffic violator school the
3person will attend. The court shall provide to each person subject
4to that order or referral the department’s current list of licensed
5traffic violator schools.
6(e) A person who willfully fails to comply with a court order
7to attend traffic violator school is guilty of a misdemeanor.
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