California Senate Bill SB1394 Latest Draft

 BILL NUMBER: SB 1394AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 25, 2010 AMENDED IN ASSEMBLY AUGUST 18, 2010 AMENDED IN SENATE APRIL 13, 2010 AMENDED IN SENATE MARCH 24, 2010 INTRODUCED BY Senator Kehoe FEBRUARY 19, 2010 An act to amend  Section 13803   Sections 12818 and 13803  of, and to amend and repeal Sections 12808  , 12814, and 12818   and 12814  of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1394, as amended, Kehoe. Vehicles: drivers' licenses: reexaminations. Existing law requires, until January 1, 2011, the Department of Motor Vehicles to reexamine a driver upon receipt of a report from a local health officer indicating that the driver suffers from disorders characterized by lapses of consciousness, and upon receipt of a report from certain family members stating that the driver cannot safely operate a motor vehicle, the reexaminations to include a demonstration of the person's ability to operate a motor vehicle. Existing law requires, until January 1, 2011, the department, before issuing or renewing any license, to check its records for these reports. This bill would make the above requirements permanent  and   , except for the requirement that the department reexamine a person's qualifications to operate a motor   vehicle upon receipt of a report from a local health officer, which the bill would extend only until January 1, 2012. The bill  would  also  make conforming changes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12808 of the Vehicle Code, as amended by Section 8 of Chapter 985 of the Statutes of 2000, is amended to read: 12808. (a) The department shall, before issuing or renewing any license, check the record of the applicant for conviction of traffic violations, traffic accidents, reports filed pursuant to Section 103900 of the Health and Safety Code, reports filed pursuant to Section 13803, or notices issued pursuant to Section 21061. (b) The department shall, before issuing or renewing any license, check the record of the applicant for notices of failure to appear in court filed with it and shall withhold or shall not issue a license to any applicant who has violated his or her written promise to appear in court unless the department has received a certificate issued by the magistrate or clerk of the court hearing the case in which the promise was given showing that the case has been adjudicated or unless the applicant's record is cleared as provided in Chapter 6 (commencing with Section 41500) of Division 17. In lieu of the certificate of adjudication, a notice from the court stating that the original records have been lost or destroyed shall permit the department to issue a license. (c) (1) Any notice received by the department pursuant to Section 40509, 40509.1, or 40509.5, except subdivision (c) of Section 40509.5, that has been on file five years may be removed from the department records and destroyed at the discretion of the department. (2) Any notice received by the department under subdivision (c) of Section 40509.5 that has been on file 10 years may be removed from the department records and destroyed at the discretion of the department. SEC. 2. Section 12808 of the Vehicle Code, as added by Section 9 of Chapter 985 of the Statutes of 2000, is repealed. SEC. 3. Section 12814 of the Vehicle Code, as amended by Section 35 of Chapter 594 of the Statutes of 2003, is amended to read: 12814. (a) Application for renewal of a license shall be made at an office of the department by the person to whom the license was issued. The department, in its discretion, may require an examination of the applicant as upon an original application, or an examination deemed by the department to be appropriate considering the licensee's record of convictions and accidents, or an examination deemed by the department to be appropriate in relation to evidence of a condition that may affect the ability of the applicant to safely operate a motor vehicle. The age of a licensee, by itself, may not constitute evidence of a condition requiring an examination of the driving ability. If the department finds any evidence of a condition requiring an examination, the department shall disclose the evidence to the applicant or licensee. If the person is absent from the state at the time the license expires, the director may extend the license for a period of one year from the expiration date of the license. (b) Renewal of a driver's license shall be under terms and conditions prescribed by the department. (c) The department may adopt and administer regulations it deems necessary for the public safety in the implementation of a program of selective testing of applicants, and, with reference to this section, the department may waive tests for purposes of evaluation of selective testing procedures. SEC. 4. Section 12814 of the Vehicle Code, as amended by Section 36 of Chapter 594 of the Statutes of 2003, is repealed. SEC. 5. Section 12818 of the Vehicle Code, as amended by Section 13 of Chapter 985 of the Statutes of 2000, is amended to read: 12818. (a) Upon receipt of a request for reexamination and presentation of a legible copy of a notice of reexamination by a person issued the notice pursuant to Section 21061, or upon receipt of a report from a local health officer issued pursuant to subdivision (b) of Section 103900 of the Health and Safety Code, the department shall reexamine the person's qualifications to operate a motor vehicle, including a demonstration of the person's ability to operate a motor vehicle as described in Section 12804.9. (b) Based on the department's reexamination of the person's qualifications pursuant to subdivision (a), the department shall determine if either of the following actions should be taken: (1) Suspend or revoke the driving privilege of that person if the department finds that any of the grounds exist which authorize the refusal to issue a license. (2) Restrict, make subject to terms and conditions of probation, suspend, or revoke the driving privilege of that person based upon the records of the department as provided in Chapter 3 (commencing with Section 13800). (c) As an alternative to subdivision (a), the department may suspend or revoke the person's driving privilege as provided under Article 2 (commencing with Section 13950) of Chapter 3. (d) Upon request, the department shall notify the law enforcement agency which employs the traffic officer who issued the notice of reexamination described in subdivision (a) of the results of the reexamination.  (e) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.   SEC. 6.   Section 12818 of the   Vehicle Code   , as added by Section 14 of Chapter 985 of the   Statutes of 2000, is amended to read:  12818. (a) Upon receipt of a request for reexamination and presentation of a legible copy of a notice of reexamination by a person issued the notice pursuant to Section 21061, the department shall reexamine the person's qualifications to operate a motor vehicle  pursuant to Section 13801, notwithstanding the notice requirement of Section 13801  , including a demonstration of the person's ability to operate a motor vehicle as described in Section 12804.9  . (b) Based on the department's reexamination of the person's qualifications pursuant to subdivision (a), the department shall determine if either of the following actions should be taken: (1) Suspend or revoke the driving privilege of that person if the department finds that any of the grounds exist which authorize the refusal to issue a license. (2) Restrict, make subject to terms and conditions of probation, suspend, or revoke the driving privilege of that person based upon the records of the department as provided in Chapter 3 (commencing with Section 13800). (c) As an alternative to subdivision (a), the department may suspend or revoke the person's driving privilege as provided under Article 2 (commencing with Section 13950) of Chapter 3. (d) Upon request, the department shall notify the law enforcement agency which employs the traffic officer who issued the notice of reexamination of the results of the reexamination. (e) This section shall become operative on January 1,  2011   2012  .  SEC. 6.   Section 12818 of the Vehicle Code, as added by Section 14 of Chapter 985 of the Statutes of 2000, is repealed.  SEC. 7. Section 13803 of the Vehicle Code is amended to read: 13803. (a) The department shall conduct a reexamination, including a demonstration of the person's ability to operate a motor vehicle as described in Section 12804.9, to determine whether the driving privilege of any person to operate a motor vehicle should be suspended or revoked, or whether terms or conditions of probation should be imposed upon receiving information from any member of the vehicle operator's family within 3 degrees of consanguinity, or the operator's spouse, who has reached 18 years of age, except that no person may report the same family member pursuant to this section more than one time during a 12-month period. (b) The report described in subdivision (a) shall state that the person filing the report reasonably and in good faith believes that the operator cannot safely operate a motor vehicle. The report shall be based upon personal observation or physical evidence of a physical or medical condition that has the potential to impair the ability to drive safely, or upon personal knowledge of a driving record that, based on traffic citations or other evidence, indicates an unsafe driver. The observation or physical evidence, or the driving record, shall be described in the report, or the report shall be based upon an investigation by a law enforcement officer. (c) No person who makes a report in good faith pursuant to this section shall be civilly or criminally liable for making that report.