Old | New | Differences | |
---|---|---|---|
1 | - | ||
1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2724Introduced by Assembly Members Eggman and GipsonFebruary 15, 2018 An act to add Section 3007.06 to the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGESTAB 2724, as introduced, Eggman. Inmates: drivers licenses.Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines eligible inmate for those purposes.This bill would require the Department of Corrections and Rehabilitation to work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle. The bill would provide that in the event the inmate has unpaid fines and penalties that would otherwise be required to be paid before issuance of a drivers license, the license would be issued and restricted to only allowing, among other things, necessary travel to and from work, to attend school, or to comply with conditions of release. The bill would require the person to make payments for unpaid fines or penalties and would provide that the restriction would be lifted once the fines and penalties are paid off, and the person has otherwise complied with these provisions. The bill would define eligible inmate for those purposes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3007.06 is added to the Penal Code, to read:3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license.(2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment.(B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements:(1) The inmate has previously held a California drivers license or identification card.(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.(3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:(A) The inmates true full name.(B) The inmates date of birth.(C) The inmates social security number. | |
2 | 2 | ||
3 | - | ||
3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2724Introduced by Assembly Members Eggman and GipsonFebruary 15, 2018 An act to add Section 3007.06 to the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGESTAB 2724, as introduced, Eggman. Inmates: drivers licenses.Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines eligible inmate for those purposes.This bill would require the Department of Corrections and Rehabilitation to work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle. The bill would provide that in the event the inmate has unpaid fines and penalties that would otherwise be required to be paid before issuance of a drivers license, the license would be issued and restricted to only allowing, among other things, necessary travel to and from work, to attend school, or to comply with conditions of release. The bill would require the person to make payments for unpaid fines or penalties and would provide that the restriction would be lifted once the fines and penalties are paid off, and the person has otherwise complied with these provisions. The bill would define eligible inmate for those purposes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
4 | 4 | ||
5 | - | Amended IN Assembly April 16, 2018 | |
6 | 5 | ||
7 | - | Amended IN Assembly April 16, 2018 | |
6 | + | ||
7 | + | ||
8 | 8 | ||
9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
10 | 10 | ||
11 | 11 | Assembly Bill No. 2724 | |
12 | 12 | ||
13 | - | Introduced by Assembly Members Eggman and | |
13 | + | Introduced by Assembly Members Eggman and GipsonFebruary 15, 2018 | |
14 | 14 | ||
15 | - | Introduced by Assembly Members Eggman and Gipson | |
15 | + | Introduced by Assembly Members Eggman and Gipson | |
16 | 16 | February 15, 2018 | |
17 | 17 | ||
18 | 18 | An act to add Section 3007.06 to the Penal Code, relating to inmates. | |
19 | 19 | ||
20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
21 | 21 | ||
22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
23 | 23 | ||
24 | - | AB 2724, as | |
24 | + | AB 2724, as introduced, Eggman. Inmates: drivers licenses. | |
25 | 25 | ||
26 | - | Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines eligible inmate for those purposes.This bill would require the Department of Corrections and Rehabilitation to work with | |
26 | + | Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines eligible inmate for those purposes.This bill would require the Department of Corrections and Rehabilitation to work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle. The bill would provide that in the event the inmate has unpaid fines and penalties that would otherwise be required to be paid before issuance of a drivers license, the license would be issued and restricted to only allowing, among other things, necessary travel to and from work, to attend school, or to comply with conditions of release. The bill would require the person to make payments for unpaid fines or penalties and would provide that the restriction would be lifted once the fines and penalties are paid off, and the person has otherwise complied with these provisions. The bill would define eligible inmate for those purposes. | |
27 | 27 | ||
28 | 28 | Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines eligible inmate for those purposes. | |
29 | 29 | ||
30 | - | This bill would require the Department of Corrections and Rehabilitation to work with | |
30 | + | This bill would require the Department of Corrections and Rehabilitation to work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle. The bill would provide that in the event the inmate has unpaid fines and penalties that would otherwise be required to be paid before issuance of a drivers license, the license would be issued and restricted to only allowing, among other things, necessary travel to and from work, to attend school, or to comply with conditions of release. The bill would require the person to make payments for unpaid fines or penalties and would provide that the restriction would be lifted once the fines and penalties are paid off, and the person has otherwise complied with these provisions. The bill would define eligible inmate for those purposes. | |
31 | 31 | ||
32 | 32 | ## Digest Key | |
33 | 33 | ||
34 | 34 | ## Bill Text | |
35 | 35 | ||
36 | - | The people of the State of California do enact as follows:SECTION 1. Section 3007.06 is added to the Penal Code, to read:3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with | |
36 | + | The people of the State of California do enact as follows:SECTION 1. Section 3007.06 is added to the Penal Code, to read:3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license.(2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment.(B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements:(1) The inmate has previously held a California drivers license or identification card.(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.(3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:(A) The inmates true full name.(B) The inmates date of birth.(C) The inmates social security number. | |
37 | 37 | ||
38 | 38 | The people of the State of California do enact as follows: | |
39 | 39 | ||
40 | 40 | ## The people of the State of California do enact as follows: | |
41 | 41 | ||
42 | - | SECTION 1. Section 3007.06 is added to the Penal Code, to read:3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with | |
42 | + | SECTION 1. Section 3007.06 is added to the Penal Code, to read:3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license.(2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment.(B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements:(1) The inmate has previously held a California drivers license or identification card.(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.(3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:(A) The inmates true full name.(B) The inmates date of birth.(C) The inmates social security number. | |
43 | 43 | ||
44 | 44 | SECTION 1. Section 3007.06 is added to the Penal Code, to read: | |
45 | 45 | ||
46 | 46 | ### SECTION 1. | |
47 | 47 | ||
48 | - | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with | |
48 | + | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license.(2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment.(B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements:(1) The inmate has previously held a California drivers license or identification card.(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.(3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:(A) The inmates true full name.(B) The inmates date of birth.(C) The inmates social security number. | |
49 | 49 | ||
50 | - | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with | |
50 | + | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license.(2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment.(B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements:(1) The inmate has previously held a California drivers license or identification card.(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.(3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:(A) The inmates true full name.(B) The inmates date of birth.(C) The inmates social security number. | |
51 | 51 | ||
52 | - | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with | |
52 | + | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license.(2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment.(B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements:(1) The inmate has previously held a California drivers license or identification card.(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.(3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:(A) The inmates true full name.(B) The inmates date of birth.(C) The inmates social security number. | |
53 | 53 | ||
54 | 54 | ||
55 | 55 | ||
56 | - | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with | |
56 | + | 3007.06. (a) (1) The Department of Corrections and Rehabilitation shall work with the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have the privilege to operate a motor vehicle, subject to any of the usual physical requirements and restrictions applicable to obtaining a drivers license. | |
57 | 57 | ||
58 | - | (2) The Department of Motor Vehicles and the Department of Corrections and Rehabilitation shall provide an eligible inmate a California Driver License Renewal by Mail Eligibility Information form (DL 410 FO), upon request. | |
59 | - | ||
60 | - | (2)(A)If an inmate has unpaid fines or penalties that | |
61 | - | ||
62 | - | ||
63 | - | ||
64 | - | (b) If a person has a suspended drivers license as a result of delinquent court-ordered debt that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the issued, the Department of Motor Vehicles shall issue a restricted drivers license. A penalty fee shall not be assessed to obtain a restricted drivers license pursuant to this section. The restricted drivers license shall be limited to necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment. | |
58 | + | (2) (A) If an inmate has unpaid fines or penalties that would otherwise be required to be paid before a drivers license is issued, the drivers license shall be restricted to the necessary travel to and from that persons place of employment, to attend school, to comply with conditions of the persons parole or postrelease community supervision or any other conditions of release, or upon permission from the persons parole or other supervising officer. If driving a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow driving that is within that persons scope of employment. | |
65 | 59 | ||
66 | 60 | (B) The drivers license shall be restricted for one year, during which time the person shall make installment payments to eliminate or reduce any unpaid fines or penalties, on a schedule determined by the Department of Corrections and Rehabilitation in consultation with the Department of Motor Vehicles. The person shall maintain proof of financial responsibility while licensed. The Department of Motor Vehicles may, in its discretion, extend the terms of the payment plan after one year, in which case the restriction shall also be extended concurrently. If the person fails to comply with the provisions of this section, the license may be suspended. The restriction shall be lifted when the person has paid the amount due for fines and penalties as required by the payment plan and otherwise complies with this section, and may be lifted in less than one year if all fines and penalties are paid. | |
67 | 61 | ||
68 | - | ||
69 | - | ||
70 | - | (c) During the time that the drivers license is restricted, the person shall make payments to eliminate or reduce any delinquent court-ordered debt. The person shall maintain proof of financial responsibility while licensed. The restriction shall be lifted when the person has paid the amount due for delinquent court-ordered debt. | |
71 | - | ||
72 | - | (b) | |
73 | - | ||
74 | - | ||
75 | - | ||
76 | - | (d) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements: | |
62 | + | (b) For purposes of this section, eligible inmate means an inmate who meets all of the following requirements: | |
77 | 63 | ||
78 | 64 | (1) The inmate has previously held a California drivers license or identification card. | |
79 | 65 | ||
80 | 66 | (2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old. | |
81 | 67 | ||
82 | - | (3) The inmate is serving a determinate term and has a release date. | |
83 | - | ||
84 | - | (3) | |
85 | - | ||
86 | - | ||
87 | - | ||
88 | - | (4) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information: | |
68 | + | (3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information: | |
89 | 69 | ||
90 | 70 | (A) The inmates true full name. | |
91 | 71 | ||
92 | 72 | (B) The inmates date of birth. | |
93 | 73 | ||
94 | 74 | (C) The inmates social security number. |