Bill Text: CA AB1446 | 2019-2020 | Regular Session | Introduced
Bill Title: Inmates: driver’s licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1446 Detail]
Download: California-2019-AB1446-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1446 |
| 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
AB 1446, as introduced, Eggman.
Inmates: driver’s 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 inmate’s driver’s license by mail, upon request. The bill would provide that if a person has a suspended
driver’s license as a result of delinquent court-ordered debt that would otherwise be required to be paid before issuance of a driver’s license, the Department of Motor Vehicles is required to issue a restricted driver’s license only allowing, among other things, necessary travel to and from that person’s 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 person’s driver’s 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 driver’s license pursuant to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill 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 driver’s license, or reinstate a suspended driver’s 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 driver’s license as a result of delinquent court-ordered debt that would otherwise be required to be paid before a driver’s license is issued, the Department of Motor Vehicles shall issue a restricted driver’s license. A penalty fee shall not be assessed to obtain a restricted driver’s license pursuant to this section. The restricted driver’s license shall be limited to necessary travel to and from that person’s school or place of employment, to comply with conditions of the person’s parole or postrelease community supervision or any other conditions of release, or upon permission from the person’s parole or other supervising officer. If operating a motor vehicle is necessary to perform the duties of the person’s employment, the restriction may allow operating that is within that person’s scope of employment.
(c) During the time that the driver’s 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 driver’s 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 inmate’s true full name.
(B) The inmate’s date of birth.
(C) The inmate’s social security number.
