BILL NUMBER: AB 1996 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Huber
FEBRUARY 23, 2012
An act to amend add Section
12810 of 12810.1 to the Vehicle Code, relating
to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1996, as amended, Huber. Vehicles: driver's record: violation
point counts.
Existing law establishes that specified convictions and violations
under the Vehicle Code and traffic-related incidents count as points
against a driver's record for purposes of the suspension or
revocation of the privilege to drive and that certain other
violations do not result in a violation point count. Existing
law assesses a point against the driver's record if the driver is
deemed by the department to be responsible for a traffic accident.
This bill would make a technical, nonsubstantive change in those
provisions governing the allocation of point counts for specified
violations of the Vehicle Code.
This bill would authorize a person whose driving record has been
assessed a point based on responsibility for a traffic accident to
request an administrative hearing with the department within one year
of the assessment to contest the assessment.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12810.1 is added to the
Vehicle Code , to read:
12810.1. A person whose driving record has been assessed a point
pursuant to subdivision (g) of Section 12810 may, within one year of
the assessment of the point, request that the department conduct an
administrative hearing to contest the assessment of the point against
his or her driving record.
SECTION 1. Section 12810 of the Vehicle Code is
amended to read:
12810. In determining the violation point count, the following
shall apply:
(a) A conviction of failure to stop in the event of an accident in
violation of Section 20001 or 20002 shall be given a value of two
points.
(b) A conviction of a violation of Section 23152 or 23153 shall be
given a value of two points.
(c) A conviction of reckless driving shall be given a value of two
points.
(d) (1) A conviction of a violation of subdivision (b) of Section
191.5 or subdivision (c) of Section 192 of the Penal Code, or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651,
subdivision (b) of Section 22348, subdivision (a) or (c) of Section
23109, Section 23109.1, or Section 31602 of this code, shall be given
a value of two points.
(2) A conviction of a violation of subdivision (a) or (b) of
Section 23140 shall be given a value of two points.
(e) A conviction of a violation of Section 14601, 14601.1,
14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic
conviction that involves the safe operation of a motor vehicle upon
the highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the
department to be responsible shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall
be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of
subdivision (b) of Section 40001 shall not result in a violation
point count being given to the driver if the driver is not the owner
of the vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of
subdivision (b) of Section 12814.6, subdivision (a) of Section 21116,
Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall
not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not
result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation
point count.
(5) A violation of Section 38301, 38301.3, 38301.5, 38304.1, or
38504.1 shall not result in a violation point count.
(j) A conviction for only one violation arising from one occasion
of arrest or citation shall be counted in determining the violation
point count for the purposes of this section.