CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1618Introduced by Assembly Member Jones-SawyerFebruary 22, 2019 An act to amend Section 13202.6 of the Vehicle Code, relating to driving privileges.LEGISLATIVE COUNSEL'S DIGESTAB 1618, as introduced, Jones-Sawyer. Driving privileges: vandalism.Existing law requires a court to suspend or delay a persons driving privilege if that person committed an act of vandalism while the person was 13 years of age or older. If driving privileges are delayed, and there are no further convictions in a 12-month period, existing law allows the court to modify the order imposing the delay of the privilege.This bill would allow rather than require the court, to suspend or delay the persons driving privilege in these circumstances. The bill would require the court to modify the order imposing a delay of the driving privilege if there are no further convictions in a 12-month period.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13202.6 of the Vehicle Code is amended to read:13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1618Introduced by Assembly Member Jones-SawyerFebruary 22, 2019 An act to amend Section 13202.6 of the Vehicle Code, relating to driving privileges.LEGISLATIVE COUNSEL'S DIGESTAB 1618, as introduced, Jones-Sawyer. Driving privileges: vandalism.Existing law requires a court to suspend or delay a persons driving privilege if that person committed an act of vandalism while the person was 13 years of age or older. If driving privileges are delayed, and there are no further convictions in a 12-month period, existing law allows the court to modify the order imposing the delay of the privilege.This bill would allow rather than require the court, to suspend or delay the persons driving privilege in these circumstances. The bill would require the court to modify the order imposing a delay of the driving privilege if there are no further convictions in a 12-month period.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1618
Introduced by Assembly Member Jones-SawyerFebruary 22, 2019
Introduced by Assembly Member Jones-Sawyer
February 22, 2019
An act to amend Section 13202.6 of the Vehicle Code, relating to driving privileges.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1618, as introduced, Jones-Sawyer. Driving privileges: vandalism.
Existing law requires a court to suspend or delay a persons driving privilege if that person committed an act of vandalism while the person was 13 years of age or older. If driving privileges are delayed, and there are no further convictions in a 12-month period, existing law allows the court to modify the order imposing the delay of the privilege.This bill would allow rather than require the court, to suspend or delay the persons driving privilege in these circumstances. The bill would require the court to modify the order imposing a delay of the driving privilege if there are no further convictions in a 12-month period.
Existing law requires a court to suspend or delay a persons driving privilege if that person committed an act of vandalism while the person was 13 years of age or older. If driving privileges are delayed, and there are no further convictions in a 12-month period, existing law allows the court to modify the order imposing the delay of the privilege.
This bill would allow rather than require the court, to suspend or delay the persons driving privilege in these circumstances. The bill would require the court to modify the order imposing a delay of the driving privilege if there are no further convictions in a 12-month period.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 13202.6 of the Vehicle Code is amended to read:13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
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 13202.6 of the Vehicle Code is amended to read:13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
SECTION 1. Section 13202.6 of the Vehicle Code is amended to read:
### SECTION 1.
13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.
13202.6. (a) (1) For every a conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code, committed while the person was 13 years of age or older, the court shall may suspend the persons driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a drivers license for his or her their own, or a member of his or her their familys, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall may order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may shall modify the order imposing the delay of the privilege. For each successive offense, the court shall may suspend the persons driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.
(2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, community service means cleaning up graffiti from any public property, including public transit vehicles.
(3) As used in this section, the term conviction includes the findings in juvenile proceedings specified in Section 13105.
(b) (1) Whenever When the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had occurred shall require all drivers drivers licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers drivers licenses surrendered, to the department.
(2) Violations of restrictions imposed pursuant to this section are subject to Section 14603.
(c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.