Bill Text: CA AB466 | 2023-2024 | Regular Session | Chaptered
Bill Title: Vehicles: violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-21 - Chaptered by Secretary of State - Chapter 85, Statutes of 2023. [AB466 Detail]
Download: California-2023-AB466-Chaptered.html
Assembly Bill
No. 466
CHAPTER 85
An act to amend Sections 40000.25 and 42005 of the Vehicle Code, relating to vehicles.
[
Approved by
Governor
July 21, 2023.
Filed with
Secretary of State
July 21, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 466, Gipson.
Vehicles: violations.
Existing law authorizes a court to permit or order a person who has been convicted of, or plead to, a traffic violation, as specified, to attend traffic violator school. Under existing law, such a person who completes traffic violator school shall have their conviction remain confidential and shall not be assessed traffic violation points, as specified. Under existing law, the willful failure to attend traffic violator school if so ordered by the court is punishable as a misdemeanor.
This bill would remove provisions making the failure to attend traffic violator school a misdemeanor and would clarify that the failure to attend traffic violator school is not punishable as a new offense. The bill would further clarify that the underlying conviction of a person who fails to attend traffic school shall not be confidential and the person shall have
traffic violation points assessed as applicable.
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 40000.25 of the Vehicle Code is amended to read:40000.25.
A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:Section 40005, relating to owner’s responsibility.
Section 40504, relating to false signatures.
Section 40508, relating to failure to appear or to pay fine.
Section 40519, relating to failure to appear.
Section 40614, relating to use of a fictitious name.
Section 40616, relating to a willful violation of a notice to correct.
SEC. 2.
Section 42005 of the Vehicle Code is amended to read:42005.
(a) Except as otherwise provided in this section, after a deposit of the fee under Section 42007 or bail, a plea of guilty or no contest, or a conviction, a court may order or permit a person who holds a noncommercial class C, class M1, or class M2 driver’s license who pleads guilty or who pleads no contest or who is convicted of a traffic offense to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5.(b) To the extent the court is in conformance with Title 49 of the Code of Federal Regulations, and except as otherwise provided in this section, the court may, after deposit of the fee under Section 42007 or bail, order or permit a person who holds a class A, class B, or commercial class C driver’s license,
who pleads guilty or no contest or is convicted of a traffic offense, to complete a course of instruction at a licensed traffic violator school if the person was operating a vehicle requiring only a class C license, or a class M license. The court may not order that the record of conviction be kept confidential. However, the conviction shall not be added to a violation point count for purposes of determining whether a driver is presumed to be a negligent operator under Section 12810.5.
(c) The court shall not order that a conviction of an offense be kept confidential according to Section 1808.7, order or permit avoidance of consideration of violation point counts under subdivision (b), or permit a person, regardless of the driver’s license class, to complete a program at a licensed traffic violator school in lieu of adjudicating an offense if any of the following applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105, 23140, 23152, or 23153, or of Section 23103, as specified in Section 23103.5.
(3) It is a violation described in subdivision (d) or (e) of Section 12810.
(d) A person ordered to attend a traffic violator school pursuant to subdivision (a) or (b) may choose the traffic violator school the person will attend. The court shall provide to each person subject to that order or referral the department’s current list of licensed traffic violator schools.
(e) A person who fails to comply with a court order to attend traffic violator school shall not be assessed any additional penalties for
their failure to comply, however the provisions of Section 1808.7 shall not apply to a person who fails to attend traffic violator school.
