BILL NUMBER: AB 1311 CHAPTERED 07/14/99 CHAPTER 122 FILED WITH SECRETARY OF STATE JULY 14, 1999 APPROVED BY GOVERNOR JULY 14, 1999 PASSED THE ASSEMBLY JULY 6, 1999 PASSED THE SENATE JULY 1, 1999 AMENDED IN SENATE JUNE 28, 1999 AMENDED IN SENATE JUNE 16, 1999 AMENDED IN ASSEMBLY MAY 6, 1999 AMENDED IN ASSEMBLY MAY 3, 1999 INTRODUCED BY Assembly Members Romero and Ashburn (Coauthors: Assembly Members Campbell and Keeley) FEBRUARY 26, 1999 An act to add and repeal Section 14601.9 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1311, Romero. Vehicles: driver's license violations program. Existing law imposes specified sentencing and fine sanctions upon persons found guilty of violating provisions prohibiting the driving of vehicles without a license, as specified. This bill, until January 1, 2004, would authorize the district attorneys of certain counties, with the approval of the board of supervisors, to establish a pilot program for persons who plead guilty or no contest or are convicted of violations of specified provisions prohibiting driving without a valid driver's license. Under the program, and subject to the approval of the court, the district attorney would be allowed to enter into a written agreement with a person in a case involving a violation of the specified provisions in which the person would agree to the following, in lieu of the imposition of a county jail sentence: (1) a home detention program utilizing an electronic monitoring program, as specified, for not less than the minimum jail sentence, and not more than the maximum jail sentence, provided for a violation of the specified provisions, and (2) a class or classes relating to driving without a valid driver's license, as specified. The bill would authorize the district attorney to recover fees for the program from participants or to provide for recovery of fees from participants by a private entity operating the program under contract, subject to a fee schedule and subject to fee modification or waiver based on the participant's financial position. The bill would prohibit a person from being denied participation in the program due to that person's inability to pay for the program. The bill would require the district attorney of every county that elects to participate in the pilot program to prepare and submit a report to the Legislature concerning that county's participation in the program. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14601.9 is added to the Vehicle Code, to read: 14601.9. (a) The district attorney of any of the Counties of Alameda, Kern, Los Angeles, Orange, Placer, Sacramento, San Joaquin, San Luis Obispo, and Santa Barbara, with the approval of the board of supervisors, may establish a pilot program of persons who plead guilty or no contest or who are found guilty of a violation of Section 14601, 14601.1, or 14601.3. The district attorney may conduct the program or contract with a private entity to conduct the program. (b) Subject to the approval of the court, a person who pleads guilty or no contest or is convicted of violating Section 14601, 14601.1, or 14601.3 may enter into a written agreement with a district attorney of a county described in subdivision (a). If the court determines that the particular case is appropriate for referral to a program described in this section, the judge may make an order directing the person to comply with the terms of the agreement. Participation in the program shall be in lieu of imposing a jail sentence under Section 14601, 14601.1, or 14601.3. The agreement shall require the person to complete all of the following elements within 60 days or within the term of the maximum jail sentence allowed under Section 14601, 14601.1, or 14601.3, whichever period is longer: (1) A home detention program utilizing an electronic monitoring program that complies with Section 1203.016 of the Penal Code, for not less than the minimum jail sentence, and not more than the maximum jail sentence, provided under Section 14601, 14601.1, or 14601.3, as applicable. The court may allow a person to attend school, work, or other specified activities while on electronic monitoring. (2) One or more classes conducted by the district attorney or by a private entity under contract with the district attorney. The class or classes, at a minimum, shall provide instruction on all of the following: (A) The requirements imposed under Section 14601, 14601.1, or 14601.3, including, but not limited to, the penalties for violating those provisions. (B) Available transportation alternatives for persons who do not have a valid driver's license. (C) The procedure for regaining the privilege to drive. (c) No statement, or information procured from a statement, made by the person in connection with the determination of his or her eligibility for the program, and no statement, or information procured from a statement, made by the person, subsequent to the granting of the program or while participating in the program, and no information contained in any report made with respect thereto, and no statement or other information concerning the person's participation in the program shall be admissible in any action or proceeding. (d) The court may impose any fine allowed under Section 14601, 14601.1, or 14601.3 upon a person who is ordered to participate in the program. (e) (1) The district attorney may recover fees for the program from participants or may provide for recovery of fees from participants by a private entity operating the program under contract. (2) The recoverable fees described in this subdivision shall be charged to the participant in accordance with a fee schedule that has been approved by the board of supervisors or the district attorney, or designee of the district attorney. The fees charged for the program may be modified or waived by the district attorney or designee at any time based on the present or changing financial position of the participant. No person shall be denied participation in the program due to an inability to pay for the program. (f) Notwithstanding Section 7550.5 of the Government Code, not later than December 31, 2003, the district attorney of every county that elects to participate in the pilot program specified in subdivision (a) shall prepare and submit a report to the Legislature concerning that county's participation in the program. (g) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2004, deletes or extends that date.