California 2017 2017-2018 Regular Session

California Assembly Bill AB2685 Amended / Bill

Filed 04/12/2018

                    Amended IN  Assembly  April 12, 2018 Amended IN  Assembly  March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2685Introduced by Assembly Member LackeyFebruary 15, 2018 An act to amend repeal Section 13202.7 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2685, as amended, Lackey. Driving privilege: minors.Existing law authorizes the juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is an habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed. Existing law requires the juvenile court, when determining whether to suspend or delay a minors driving privilege, to consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.This bill would also require the juvenile court, when considering whether to suspend or delay a minors driving privilege to consider whether the minor has employment or education obligations that require the minor to have a drivers license. The bill would authorize the juvenile court, instead of suspending or delaying the minors driving privilege, to restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education. Under the bill, if the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.This bill would repeal those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13202.7 of the Vehicle Code is repealed.13202.7.(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.(d)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.SECTION 1.Section 13202.7 of the Vehicle Code is amended to read:13202.7.(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for medically related purposes.(d)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether the minor has employment or education obligations that require the minor to have a drivers license.(1)Instead of ordering the suspension or delay of a minors driving privilege, a court may restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education.(2)If the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.(3)The juvenile court may also consider whether a family hardship exists that requires the minor to have a drivers license for his or her familys employment.(e)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.

 Amended IN  Assembly  April 12, 2018 Amended IN  Assembly  March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2685Introduced by Assembly Member LackeyFebruary 15, 2018 An act to amend repeal Section 13202.7 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2685, as amended, Lackey. Driving privilege: minors.Existing law authorizes the juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is an habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed. Existing law requires the juvenile court, when determining whether to suspend or delay a minors driving privilege, to consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.This bill would also require the juvenile court, when considering whether to suspend or delay a minors driving privilege to consider whether the minor has employment or education obligations that require the minor to have a drivers license. The bill would authorize the juvenile court, instead of suspending or delaying the minors driving privilege, to restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education. Under the bill, if the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.This bill would repeal those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  April 12, 2018 Amended IN  Assembly  March 19, 2018

Amended IN  Assembly  April 12, 2018
Amended IN  Assembly  March 19, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2685

Introduced by Assembly Member LackeyFebruary 15, 2018

Introduced by Assembly Member Lackey
February 15, 2018

 An act to amend repeal Section 13202.7 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2685, as amended, Lackey. Driving privilege: minors.

Existing law authorizes the juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is an habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed. Existing law requires the juvenile court, when determining whether to suspend or delay a minors driving privilege, to consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.This bill would also require the juvenile court, when considering whether to suspend or delay a minors driving privilege to consider whether the minor has employment or education obligations that require the minor to have a drivers license. The bill would authorize the juvenile court, instead of suspending or delaying the minors driving privilege, to restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education. Under the bill, if the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.This bill would repeal those provisions.

Existing law authorizes the juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is an habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed. Existing law requires the juvenile court, when determining whether to suspend or delay a minors driving privilege, to consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.

This bill would also require the juvenile court, when considering whether to suspend or delay a minors driving privilege to consider whether the minor has employment or education obligations that require the minor to have a drivers license. The bill would authorize the juvenile court, instead of suspending or delaying the minors driving privilege, to restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education. Under the bill, if the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.



This bill would repeal those provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 13202.7 of the Vehicle Code is repealed.13202.7.(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.(d)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.SECTION 1.Section 13202.7 of the Vehicle Code is amended to read:13202.7.(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for medically related purposes.(d)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether the minor has employment or education obligations that require the minor to have a drivers license.(1)Instead of ordering the suspension or delay of a minors driving privilege, a court may restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education.(2)If the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.(3)The juvenile court may also consider whether a family hardship exists that requires the minor to have a drivers license for his or her familys employment.(e)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 13202.7 of the Vehicle Code is repealed.13202.7.(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.(d)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.

SECTION 1. Section 13202.7 of the Vehicle Code is repealed.

### SECTION 1.

13202.7.(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.(d)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.



(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.



(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.



(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for his or her own, or a member of his or her familys, employment or for medically related purposes.



(d)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.







(a)Any minor under the age of 18 years, but 13 years of age or older, who is an habitual truant within the meaning of Section 48262 of the Education Code, or who is adjudged by the juvenile court to be a ward of the court under subdivision (b) of Section 601 of the Welfare and Institutions Code, may have his or her driving privilege suspended for one year by the court. If the minor does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further truancy in the 12-month period, the court, upon petition of the person affected, may modify the order imposing the delay of the driving privilege. For each successive time the minor is found to be an habitual truant, the court may suspend the minors driving privilege for a minor possessing a drivers license, or delay the eligibility for the driving privilege for those not in possession of a drivers license, for one additional year.



(b)Whenever the juvenile court suspends a minors driving privilege pursuant to subdivision (a), the court may require all drivers licenses held by the minor to be surrendered to the court. The court shall, within 10 days following the surrender of the license, transmit a certified abstract of the findings, together with any drivers licenses surrendered, to the department.



(c)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether a personal or family hardship exists that requires the minor to have a drivers license for medically related purposes.



(d)When the juvenile court is considering suspending or delaying a minors driving privilege pursuant to subdivision (a), the court shall consider whether the minor has employment or education obligations that require the minor to have a drivers license.



(1)Instead of ordering the suspension or delay of a minors driving privilege, a court may restrict the minors driving privilege, for not more than 6 months, to necessary travel to and from the minors place of employment or education.



(2)If the juvenile court finds that driving a motor vehicle is necessary for the minor to perform his or her employment duties, the court may allow the minor to drive in that scope of employment.



(3)The juvenile court may also consider whether a family hardship exists that requires the minor to have a drivers license for his or her familys employment.



(e)The suspension, restriction, or delay of a minors driving privilege pursuant to this section shall be in addition to any other penalty imposed by law on the minor.