California 2019 2019-2020 Regular Session

California Assembly Bill AB1446 Introduced / Bill

Filed 02/22/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1446Introduced by Assembly Member EggmanFebruary 22, 2019 An act to add Section 3007.06 to the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGESTAB 1446, 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 and the Department of Motor Vehicles to ensure that all eligible inmates, as defined, have the opportunity to apply to obtain the privilege to operate a motor vehicle upon release from state prison. The bill would require the Department of Motor Vehicles and the Department of Corrections and Rehabilitation to provide an eligible inmate with a specified form to renew the inmates drivers license by mail, upon request. The bill would provide that 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 issuance of a drivers license, the Department of Motor Vehicles is required to issue a restricted drivers license only allowing, among other things, necessary travel to and from that persons school or place of employment, or to comply with conditions of release. The bill would require the person to make payments to eliminate or reduce any delinquent court-ordered debt during the time that the persons drivers license is restricted and would provide that the restriction would be lifted once the person has paid the amount due for delinquent court-ordered debt. The bill would prohibit a penalty fee from being assessed to obtain a restricted drivers license pursuant to these provisions.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 and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.(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.(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.(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.(d) 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 is serving a determinate term and has a release date.(4) 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.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1446Introduced by Assembly Member EggmanFebruary 22, 2019 An act to add Section 3007.06 to the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGESTAB 1446, 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 and the Department of Motor Vehicles to ensure that all eligible inmates, as defined, have the opportunity to apply to obtain the privilege to operate a motor vehicle upon release from state prison. The bill would require the Department of Motor Vehicles and the Department of Corrections and Rehabilitation to provide an eligible inmate with a specified form to renew the inmates drivers license by mail, upon request. The bill would provide that 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 issuance of a drivers license, the Department of Motor Vehicles is required to issue a restricted drivers license only allowing, among other things, necessary travel to and from that persons school or place of employment, or to comply with conditions of release. The bill would require the person to make payments to eliminate or reduce any delinquent court-ordered debt during the time that the persons drivers license is restricted and would provide that the restriction would be lifted once the person has paid the amount due for delinquent court-ordered debt. The bill would prohibit a penalty fee from being assessed to obtain a restricted drivers license pursuant to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1446

Introduced by Assembly Member EggmanFebruary 22, 2019

Introduced by Assembly Member Eggman
February 22, 2019

 An act to add Section 3007.06 to the Penal Code, relating to inmates. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1446, 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 and the Department of Motor Vehicles to ensure that all eligible inmates, as defined, have the opportunity to apply to obtain the privilege to operate a motor vehicle upon release from state prison. The bill would require the Department of Motor Vehicles and the Department of Corrections and Rehabilitation to provide an eligible inmate with a specified form to renew the inmates drivers license by mail, upon request. The bill would provide that 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 issuance of a drivers license, the Department of Motor Vehicles is required to issue a restricted drivers license only allowing, among other things, necessary travel to and from that persons school or place of employment, or to comply with conditions of release. The bill would require the person to make payments to eliminate or reduce any delinquent court-ordered debt during the time that the persons drivers license is restricted and would provide that the restriction would be lifted once the person has paid the amount due for delinquent court-ordered debt. The bill would prohibit a penalty fee from being assessed to obtain a restricted drivers license pursuant to these provisions.

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 and the Department of Motor Vehicles to ensure that all eligible inmates, as defined, have the opportunity to apply to obtain the privilege to operate a motor vehicle upon release from state prison. The bill would require the Department of Motor Vehicles and the Department of Corrections and Rehabilitation to provide an eligible inmate with a specified form to renew the inmates drivers license by mail, upon request. The bill would provide that 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 issuance of a drivers license, the Department of Motor Vehicles is required to issue a restricted drivers license only allowing, among other things, necessary travel to and from that persons school or place of employment, or to comply with conditions of release. The bill would require the person to make payments to eliminate or reduce any delinquent court-ordered debt during the time that the persons drivers license is restricted and would provide that the restriction would be lifted once the person has paid the amount due for delinquent court-ordered debt. The bill would prohibit a penalty fee from being assessed to obtain a restricted drivers license pursuant to these provisions.

## Digest Key

## Bill Text

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 and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.(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.(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.(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.(d) 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 is serving a determinate term and has a release date.(4) 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.

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 3007.06 is added to the Penal Code, to read:3007.06. (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.(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.(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.(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.(d) 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 is serving a determinate term and has a release date.(4) 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.

SECTION 1. Section 3007.06 is added to the Penal Code, to read:

### SECTION 1.

3007.06. (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.(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.(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.(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.(d) 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 is serving a determinate term and has a release date.(4) 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.

3007.06. (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.(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.(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.(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.(d) 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 is serving a determinate term and has a release date.(4) 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.

3007.06. (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.(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.(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.(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.(d) 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 is serving a determinate term and has a release date.(4) 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.



3007.06. (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates have the opportunity to apply to obtain the privilege to operate a motor vehicle, upon release from state prison. An eligible inmate may apply to renew or replace a drivers license, or reinstate a suspended drivers license, pursuant to Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code.

(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.

(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 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 school or place of employment, 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 operating a motor vehicle is necessary to perform the duties of the persons employment, the restriction may allow operating that is within that persons scope of employment.

(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.

(d) 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 is serving a determinate term and has a release date.

(4) 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.