BILL NUMBER: AB 1932 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Obernolte
FEBRUARY 12, 2016
An act to amend Section 42005 of add
Section 42005.2 to 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 the court,
a court adjudicating a traffic offense, after a
deposit of bail, a plea of guilty or no contest, or a conviction, to
order or permit 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 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. 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
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. 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.
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 42005.2 is added to the
Vehicle Code , to read:
42005.2. 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.
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.