BILL NUMBER: SB 789	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 27, 2015

   An act to amend Section 16072 of the Vehicle Code, relating to
drivers' licenses.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 789, as introduced, Wieckowski. Driver's license suspension:
restricted privilege.
   Existing law requires the Department of Motor Vehicles to suspend
the driving privilege of a person who is involved in an accident and
fails to provide evidence of financial responsibility, as specified,
at the time of the accident. Under existing law, the suspension
period is one year, as specified, except that the suspension must be
reinstated if the person fails to maintain proof of financial
responsibility for 3 years. However, upon application and if certain
criteria is met, the department may restrict the person's driving
privilege, in lieu of suspending it pursuant to this provision, in
specified situations.
   This bill would also authorize the department to restrict a person'
s driving privilege, in lieu of suspending it, in order to allow the
person to drive to school. For purposes of this authorization, the
bill would define "school" to mean a California community college
campus, a California State University campus, a University of
California campus, or a private postsecondary educational
institution.
   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 16072 of the Vehicle Code is amended to read:
   16072.  (a) The suspension of the driving privilege of a person as
provided in Section 16070 shall not be terminated until one year has
elapsed from the date of actual commencement of the suspension and
until the person files proof of financial responsibility as provided
in Chapter 3 (commencing with Section 16430), except that the
suspension shall be reinstated if the person fails to maintain proof
of financial responsibility for three years. However, in lieu of
suspending a person's driving privilege pursuant to this section, the
department, upon application, if the person files and thereafter
maintains proof of financial responsibility as provided in this
section and pays a penalty fee to the department of two hundred fifty
dollars ($250), may restrict the person's driving privilege to any
of the following situations:
   (1) Necessary travel to and from that person's place of
employment.
   (2) Driving that is required in the person's course of employment,
when driving a motor vehicle is necessary in order to perform the
duties of the person's primary employment. 
   (3) Driving himself or herself to or from school. For purposes of
this paragraph, "school" means a California community college campus,
a California State University campus, a University of California
campus, or a private postsecondary educational institution. 

   (3) 
    (4)  Necessary travel to transport a minor dependent in
that person's immediate family to and from an institute of primary or
secondary  educational  instruction, if the chief
administrative officer or principal of the educational institution
certifies in writing to the department that the minor dependent is
enrolled in the educational institution and no form of public
transportation or schoolbus is available between the applicant's
place of residence and the educational institution. 
    The 
    (b)     The restriction shall remain
in effect for the period of suspension required by this section, so
long as proof of financial responsibility is maintained. 
   (b) 
    (c)  If a suspension has been imposed under Section
16070 and one year has elapsed from the date the suspension actually
commenced, that suspension shall be terminated if the driving
privilege is suspended under Section 16370 or 16381 as the result of
a judgment arising out of the accident for which proof of financial
responsibility was required to be established. The department may
reimpose the suspension of the driving privilege of a person under
Section 16070 if the suspension under Section 16370 or 16381 is later
set aside for a reason other than that the person has satisfied the
judgment in full or to the extent provided in Chapter 2 (commencing
with Section 16250) and has given proof of ability to respond in
damages as provided in Chapter 3 (commencing with Section 16430).

   (c) 
    (d)  Notwithstanding Chapter 2 (commencing with Section
42200) of Division 18, all revenues derived from the penalty fees
provided in subdivision (a) shall, after deduction by the department
of the costs incurred by the department in administering this
section, be deposited in the Financial Responsibility Penalty Account
in the General Fund. The balance in this fund on each July 1, which
is not subject to appropriation as provided in Section 12980 of the
Insurance Code, shall revert to the General Fund. 
   (d) 
    (e)  (1) Subdivision (a) does not apply to a commercial
driver's license holder.
   (2) A commercial driver's license holder whose driving privilege
is otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver's license and is issued a noncommercial class C or
M driver's license.