Bill Text: CA AB885 | 2011-2012 | Regular Session | Amended

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Bill Title: Vehicles: driver's licenses and identification cards:

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - From committee without further action pursuant to Joint Rule 62(a). [AB885 Detail]

Download: California-2011-AB885-Amended.html

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BILL NUMBER: AB 885	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Cook
   (Principal coauthor: Senator Berryhill)

                        FEBRUARY 17, 2011

   An act to add Section 12804.13 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 885, as amended, Cook. Vehicles: driver's licenses and
identification cards: issuance and renewal: registered sex offenders.

   (1) Existing law requires the Department of Motor Vehicles, upon
proper application, to issue driver's licenses and identification
cards. A violation of the provisions of the Vehicle Code is a crime.
   Existing law requires a person convicted of certain sex offenses
to register with the chief of police or sheriff of the city or county
in which the person is residing or located, and with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is residing or
located upon the campus or in any of its facilities, within 5 working
days of coming into a city or county, or changing his or her
residence or location. This requirement applies for the rest of the
person's life while residing or present in this state.
   This bill would require the Department of Motor Vehicles to comply
with certain requirements when issuing an original driver's license
or identification card, or a renewal of that driver's license or
identification card, to a person required to be registered as a sex
offender, if the person was adjudicated to be a sexually violent
predator or was convicted of a sex offense against a minor. The bill
would require the metallic strip of the license or identification
card to contain that information. In addition to any other
requirement, the bill would require the applicant to provide a
current photograph and address verification to the department for the
original license, identification card, and  for 
each renewal.
   The bill would require a person who is issued such a driver's
license or identification card, or a renewal, to  pay  
an additional fee to cover the actual costs of ensuring that the
metallic strip of the license or identification card contains the
above-specified information and to  carry the license or card at
all times when outside his or her residence, thereby imposing a
state-mandated local program by creating a new crime.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12804.13 is added to the Vehicle Code, to read:

   12804.13.  (a) The department shall, when issuing an original
driver's license, driver's license renewal, identification card, or a
renewal of an identification card to a person required to be
registered under the Sex Offender Registration Act (Chapter 5.5
(commencing with Section 290) of Title 9 of Part 1 of the Penal
Code), comply with the requirements of subdivisions (b) and (c), if
either of the following applies:
   (1) The person has been adjudicated to be a sexually violent
predator pursuant to Section 6600 of the Welfare and Institutions
Code.
   (2) The person was convicted of a sex offense against a minor as
described in subdivision (c) of Section 290 of the Penal Code.
   (b) When issuing a driver's license or identification card, or a
renewal of that license or identification card, to a person as
described in subdivision (a), the metallic strip on the driver's
license or identification card shall contain information that
identifies the person pursuant to either paragraph (1) or (2) of
subdivision (a).
   (c)  (1)    In addition to any other requirement
for a driver's license or identification card, or a renewal of that
license or identification card, the department shall require the
applicant to provide a current photograph and address verification
for the original license or identification card, and for each
renewal. 
   (2) In addition to any other fees required by this code, the
applicant, licensee, or identification cardholder under this section
shall pay to the department a fee sufficient to cover the actual
costs of ensuring that the metallic strip on the driver's license or
identification card contains the information that identifies the
person pursuant to either paragraph (1) or (2) of subdivision (a).

   (d) A person who is issued a driver's license or identification
card, or a renewal of that license or identification card pursuant to
this section, shall carry his or her driver's license or
identification card issued by the department at all times outside of
his or her place of residence.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.