BILL NUMBER: AB 1932INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Obernolte FEBRUARY 12, 2016 An act to amend Section 42005 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1932, as introduced, Obernolte. Vehicles: traffic violator school. Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the court, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order persons who hold a specified noncommercial driver's license, or certain persons who hold a specified commercial driver's license, to attend a licensed traffic violator school. Existing law prohibits a court from ordering that a conviction of an offense relating to the safe operation of a vehicle be kept confidential, from permitting avoidance of consideration of violation point counts, or from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense if the offense occurred in a commercial vehicle or is one of specified driving offenses. This bill would make a technical, nonsubstantive change to the latter provision. 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 42005 of the Vehicle Code is amended to read: 42005. (a) Except as otherwise provided in this section, after a deposit of the fee under Section 42007 or bail, a plea of guilty or no contest, or a conviction, a court may order or permit a person who holds a noncommercial class C, class M1, or class M2 driver's license who pleads guilty or who pleads no contest or who is convicted of a traffic offense to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5. (b) To the extent the court is in conformance with Title 49 of the Code of Federal Regulations, and except as otherwise provided in this section, the court may, after deposit of the fee under Section 42007 or bail, order or permit a person who holds a class A, class B, or commercial class C driver's license, who pleads guilty or no contest or is convicted of a traffic offense, to complete a course of instruction at a licensed traffic violator school if the person was operating a vehicle requiring only a class C license, or a class M license. The court may not order that the record of conviction be kept confidential. However, the conviction shall not be added to a violation point count for purposes of determining whether a driver is presumed to be a negligent operator under Section 12810.5. (c) The court shall not order that a conviction of an offense be kept confidential according to Section 1808.7, order or permit avoidance of consideration of violation point counts under subdivision (b), or permit a person, regardless of the driver's license class, to complete a program at a licensed traffic violator school in lieu of adjudicating an offense if any of the following applies to the offense: (1) It occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210. (2)IsIt is a violation of Section 20001, 20002, 23103, 23104, 23105, 23140, 23152, or 23153, or of Section 23103, as specified in Section 23103.5. (3) It is a violation described in subdivision (d) or (e) of Section 12810. (d) A person ordered to attend a traffic violator school pursuant to subdivision (a) or (b) may choose the traffic violator school the person will attend. The court shall provide to each person subject to that order or referral the department's current list of licensed traffic violator schools. (e) A person who willfully fails to comply with a court order to attend traffic violator school is guilty of a misdemeanor.