Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1932

Introduced by Assembly Member Obernolte

February 12, 2016

An act to begin delete amend Section 42005 of end delete begin insert add Section 42005.2 to end insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1932, as amended, 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 begin delete the court, end delete begin insert a court adjudicating a traffic offense, end insert after a deposit of bail, a plea of guilty or no contest, or a conviction, to order begin insert or permit end insert 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. begin insert Existing law authorizes the court to continue a proceeding against that person in consideration of successful completion of a course of instruction at the licensed traffic violator school. end insert Existing law prohibits a court begin delete 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 end delete from permitting a person to complete a traffic violator school program, in lieu of adjudicating an begin delete offense end delete begin insert offense, end insert if the offense occurred in a commercial vehicle or is one of specified driving offenses.

This bill would begin delete make a technical, nonsubstantive change to the latter provision. end delete begin insert authorize a person who is ordered or permitted to complete a course of instruction at a licensed traffic violator school under the circumstances described above as a result of an offense committed while operating a motorcycle to instead complete an advanced-level motorcyclist safety training course, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 42005.2 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 42005.2. end insert   

A person ordered or permitted to complete a course
of instruction at a licensed traffic violator school pursuant to
Section 41501 or 42005 as a result of an offense committed while
operating a motorcycle may instead complete an advanced-level
motorcyclist safety training course established pursuant to Article
2 (commencing with Section 2930) of Chapter 5 of Division 2. The
person’s completion of that training course constitutes completion
of a course of instruction at a licensed traffic violator school for
the purposes of this code.

end insert

begin delete

SECTION 1.  

Section 42005 of the Vehicle Code is amended
to read:

42005.  

(a) Except as otherwise provided in this section, after
a deposit of the fee under Section 42007 or bail, a plea of guilty
or no contest, or a conviction, a court may order or permit a person
who holds a noncommercial class C, class M1, or class M2 driver’s
license who pleads guilty or who pleads no contest or who is
convicted of a traffic offense to attend a traffic violator school
licensed pursuant to Chapter 1.5 (commencing with Section 11200)
of Division 5.

(b) To the extent the court is in conformance with Title 49 of
the Code of Federal Regulations, and except as otherwise provided
in this section, the court may, after deposit of the fee under Section
42007 or bail, order or permit a person who holds a class A, class
B, or commercial class C driver’s license, who pleads guilty or no
contest or is convicted of a traffic offense, to complete a course
of instruction at a licensed traffic violator school if the person was
operating a vehicle requiring only a class C license, or a class M
license. The court may not order that the record of conviction be
kept confidential. However, the conviction shall not be added to
a violation point count for purposes of determining whether a
driver is presumed to be a negligent operator under Section
12810.5.

(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7, order or permit
avoidance of consideration of violation point counts under
subdivision (b), or permit a person, regardless of the driver’s
license class, to complete a program at a licensed traffic violator
school in lieu of adjudicating an offense if any of the following
applies to the offense:

(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.

(2) It is a violation of Section 20001, 20002, 23103, 23104,
23105, 23140, 23152, or 23153, or of Section 23103, as specified
in Section 23103.5.

(3) It is a violation described in subdivision (d) or (e) of Section
12810.

(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) or (b) may choose the traffic violator school the
person will attend. The court shall provide to each person subject
to that order or referral the department’s current list of licensed
traffic violator schools.

(e) A person who willfully fails to comply with a court order
to attend traffic violator school is guilty of a misdemeanor.

end delete