summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
2011-2012 Regular Session
Bill Summary
AB 877, as amended, Skinner. Vehicles: nonfelony offenses and infractions: removal of records. Existing law requires that a person not be subject to prosecution for any nonfelony offense arising out of the operation of a motor vehicle, or a violation of the Vehicle Code as a pedestrian, that is pending against him or her at the time of his or her commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities. Existing law requires, notwithstanding any other law to the contrary, that a drivers license shall not be suspended or revoked or the issuance or renewal of that license be refused as a result of a pending nonfelony offense occurring prior to the time a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities or as a result of a notice received by the Department of Motor Vehicles from a court, a magistrate, or a clerk of that court if the offense that gave rise to the notice occurred prior to the time that the person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities. Existing law also requires the Department of Motor Vehicles to remove from its records any notice received by it from a court, a magistrate, or a clerk of that court upon receipt of satisfactory evidence that a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities after the offense that gave rise to the notice occurred. This bill would also apply these provisions and the exemption from prosecution to a person for any pending infraction arising out of the operation of a motor vehicle or for a violation of the Vehicle Co de as a pedestrian, upon serving 90 days or longer in a consecutive 12-month period after the date of the violation in a county jail or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
AI Summary
This bill expands existing protections to individuals who have committed certain vehicle-related offenses or pedestrian violations by allowing them to avoid prosecution and license suspension if they have served 90 days or more in a consecutive 12-month period in a county jail, rehabilitation facility, or under involuntary home detention. Previously, these protections only applied to nonfelony offenses when a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities; this bill now includes infractions and extends the exemption to those serving time in county correctional facilities or under home detention. The Department of Motor Vehicles (DMV) will also be required to remove any related notices from its records under these new conditions, ensuring that past minor offenses do not hinder a person's ability to drive after completing a significant period of correctional custody, with exceptions for serious offenses like reckless driving or driving under the influence.
Committee Categories
Budget and Finance, Justice
Sponsors (1)
Last Action
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. (on 08/29/2011)
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