BILL NUMBER: AB 1502 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 24, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Eng
FEBRUARY 27, 2009
An act to amend Sections 12814.6 and 17703 of the Vehicle
Code, relating to driver's licenses. An act to amend
Section 731 of the Code of Civil Procedure, to amend Section 11571 of
the Health and Safety Code, and to amend Section 11226 of the Penal
Code, relating to nuisance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1502, as amended, Eng. Driver's licenses: instruction
permit: provisional license. Nuisance abatement: civil
action.
Existing law authorizes the district attorney or city attorney to
bring a civil action to abate a public nuisance, as defined.
Existing law provides that every building or place used for the
purpose of specified unlawful transactions involving controlled
substances is a nuisance, which may be abated in a civil action
brought by the district attorney or city attorney.
Existing law provides that every building or place used for the
purpose of illegal gambling, lewdness, assignation, prostitution, or
counterfeiting is a nuisance, which may be abated in a civil action
brought by the district attorney or city attorney.
This bill would authorize the county counsel to bring a civil
action to abate a public nuisance, a controlled substances nuisance,
or a gambling or prostitution nuisance, pursuant to each of the above
provisions.
The Brady-Jared Teen Driver Safety Act of 1997 requires the
Department of Motor Vehicles, upon application for an original
license, to issue an instruction permit to a person at least 16 years
of age, but under 18 years of age, pursuant to the provisional
licensing program. Under the act, the holder of an instruction permit
is required to meet specified requirements and may operate a motor
vehicle, other than a motorcycle or motorized bicycle, only when he
or she is taking a specified driver training instruction or is
practicing that instruction accompanied by, and is under the
immediate supervision of, a California licensed driver 25 years of
age or older. Existing law also imposes specified conditions upon the
holder of a provisional license with regard to driving between the
hours of 11 p.m. and 5 a.m. or transporting passengers under 20 years
of age.
Existing law also requires that if the person or persons required
to sign and verify the application of a minor are not residents of
this state, the application be verified by a person residing within
this state who has custody of the minor, or the department may accept
an application signed and verified by the minor and accompanied by
proof of financial responsibility.
This bill would authorize a driver who is licensed under the laws
of any state and is the parent or guardian of the minor and a member
of the Armed Forces of the United States on active duty, stationed in
California, or his or her spouse, to accompany and supervise the
holder of an instruction permit, to accompany a holder of a
provisional license, and to sign and verify the minor's application
for a license or an instruction permit.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 731 of the Code of
Civil Procedure is amended to read:
731. An action may be brought by any person whose property is
injuriously affected, or whose personal enjoyment is lessened by a
nuisance, as the same is defined in section thirty-four
hundred and seventy-nine defined in Section 3479
of the Civil Code, and by the judgment in such
that action the nuisance may be enjoined or abated as well
as damages recovered therefor. A civil action may be brought in the
name of the people of the State of California to abate a public
nuisance, as the same is defined in section thirty-four
hundred and eighty defined in Section 3480 of
the Civil Code, by the district attorney or county counsel
of any county in which such the
nuisance exists, or by the city attorney of any town or city in which
such the nuisance exists ,
and each of said . Each of those
officers shall have concurrent right to bring such
an action for a public nuisance existing within a town or
city , and such . The district
attorney, county counsel, or city attorney ,
of any county or city in which such
the nuisance exists must shall
bring such an action whenever directed
by the board of supervisors of such the
county , or whenever directed by the legislative
authority of such the town or city.
SEC. 2. Section 11571 of the Health and
Safety Code is amended to read:
11571. Whenever If there is reason
to believe that a nuisance , as described in Section 11570
, is kept, maintained, or exists in any county, the
district attorney or county counsel of the county, or the
city attorney of any incorporated city or of any city and county, in
the name of the people, may, or any citizen of the state resident in
the county, in his or her own name, may , maintain an
action to abate and prevent the nuisance and to
perpetually to enjoin the person conducting or
maintaining it, and the owner, lessee, or agent of the building or
place in or upon which the nuisance exists from directly or
indirectly maintaining or permitting the nuisance.
SEC. 3. Section 11226 of the Penal Code
is amended to read:
11226. Whenever If there is reason
to believe that a nuisance, as defined in this article or as set
forth in Section 17800 of the Business and Professions Code, is kept,
maintained, or is in existence in any county, the district attorney
or county counsel , in the name of the people
of the State of California, or the city attorney of an incorporated
city or any city and county may, or any citizen of the state resident
within the county in his or her own name may, maintain an action in
equity to abate and prevent the nuisance and to perpetually enjoin
the person conducting or maintaining it, and the owner, lessee, or
agent of the building or place, in or upon which the nuisance exists,
from directly or indirectly maintaining or permitting it.
The complaint in the action shall be verified unless filed by the
district attorney , county counsel, or the city attorney.
All matter omitted in this version of the bill appears in the bill as
amended in the Assembly, January 4, 2010. (JR11)