STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1986	By:	Hoskin

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 6-103, as last amended by Section 5, Chapter 326, O.S.L. 2007, 6-205, as last amended by Section 2, Chapter 333, O.S.L. 2010 and 6-205.1, as last amended by Section 2, Chapter 345, O.S.L. 2010 (47 O.S. Supp. 2010, Sections 6-103, 6-205 and 6-205.1), which relate to the issuance of driver licenses and revocation of driving privileges; clarifying guidelines for denying issuance of driver license; prohibiting the Department of Public Safety from taking certain action; defining term; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 6-103, as last amended by Section 5, Chapter 326, O.S.L. 2007 (47 O.S. Supp. 2010, Section 6-103), is amended to read as follows:
Section 6-103.  A.  Except as otherwise provided by law, the Department of Public Safety shall not issue a driver license to:
1.  Any person who is under eighteen (18) years of age, except that the Department may issue a Class D license to any person who attains sixteen (16) years of age on or after August 15, 2000, and meets the requirements of Sections 6-105 and 6-107.3 of this title;
2.  Any unemancipated person who is under eighteen (18) years of age and whose custodial legal parent or legal guardian does not approve the issuance of a license as required by Section 6-110.2 of this title or objects to the issuance of a license or permit by filing an objection pursuant to Section 6-103.1 of this title;
3.  Any person whose driving privilege has been suspended, revoked, canceled or denied in this state or any other state or country until the driving privilege has been reinstated by the state or country withdrawing the privilege;
4.  Any person who is classified as an excessive user of alcohol, any other intoxicating substance, or a combination of alcohol and any other intoxicating substance, and inimical to public safety, in accordance with rules promulgated by the Department, until all requirements granting or reinstating driving privileges are met, including, but not limited to, abstinence from the use of alcohol, any other intoxicating substance, or any combination of alcohol and any other intoxicating substance for a minimum of either twelve (12) months or eighteen (18) months, as determined by OAC 595:10-5, immediately preceding application for or application for reinstatement of driving privileges;
5.  Any person who is required by Section 6-101 et seq. of this title to take an examination, unless the person shall have successfully passed the examination;
6.  Any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;
7.  Any person who is physically deformed or who is afflicted with any mental disease or physical condition that would impair the driving ability of the person or when the Commissioner of Public Safety, from information concerning the person or from the records and reports on file in the Department of Public Safety, determines that the operation of a motor vehicle by such person on the highways would be inimical to public safety or welfare;
8.  Any person who is a nonresident, as defined in Section 1‑137 of this title;
9.  Any alien unless such person presents valid documentation of identity and authorization for presence in the United States issued pursuant to the laws of the United States; provided, no license shall be issued to any alien whose documentation indicates the alien is a visitor or is not eligible to establish residency; or
10.  Any person who possesses a valid license to operate a motor vehicle issued by another state until the other state license has been surrendered.
B.  Any applicant who is denied a license under the provisions of subsection A of this section shall have the right to an appeal as provided in Section 6-211 of this title.
C.  Nothing in this section shall be construed so as to prevent an Oklahoma licensee from receiving a modification as provided for in Section 6-205.1 of this title.
SECTION 2.     AMENDATORY     47 O.S. 2001, Section 6-205, as last amended by Section 2, Chapter 333, O.S.L. 2010 (47 O.S. Supp. 2010, Section 6-205), is amended to read as follows:
Section 6-205.  A.  The Department of Public Safety shall immediately revoke the driving privilege of any person, whether adult or juvenile, upon receiving a record of conviction in any municipal, state or federal court within the United States of any of the following offenses, when such conviction has become final:
1.  Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
2.  Driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, any violation of paragraph 1, 2, 3 or 4 of subsection A of Section 11-902 of this title or any violation of Section 11-906.4 of this title.  However, the Department shall not additionally revoke the driving privileges of the person pursuant to this subsection if the person's driving privilege has been revoked because of a test result or test refusal pursuant to Section 753 or 754 of this title arising from the same circumstances which resulted in the conviction unless the revocation because of a test result or test refusal is set aside;
3.  Any felony during the commission of which a motor vehicle is used;
4.  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
5.  Perjury or the making of a false affidavit or statement under oath to the Department under the Uniform Vehicle Code or under any other law relating to the ownership or operation of motor vehicles;
6.  A misdemeanor or felony conviction for unlawfully possessing, distributing, dispensing, manufacturing, trafficking,  cultivating, selling, transferring, attempting or conspiring to possess, distribute, dispense, manufacture, traffic, sell, or transfer of a controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act while using a motor vehicle;
7.  Failure to pay for gasoline pumped into a vehicle pursuant to Section 1740 of Title 21 of the Oklahoma Statutes; 
8.  A misdemeanor conviction for a violation of Section 1465 of Title 21 of the Oklahoma Statutes; or
9.  A misdemeanor conviction for a violation of Section 1 609 of this act Title 37 of the Oklahoma Statutes.
B.  The first license revocation under any provision of this section, except for paragraph 2, 6, or 7 of subsection A of this section, shall be for a period of one (1) year.  Such period shall not be modified.
C.  A license revocation under any provision of this section, except for paragraph 2, 6, or 7 of subsection A of this section, shall be for a period of three (3) years if a prior revocation under this section, except under paragraph 2 of subsection A of this section, commenced within the preceding five-year period as shown by the Department's record.  Such period shall not be modified.
D.  The period of license revocation under paragraph 2 or 6 of subsection A of this section shall be governed by the provisions of Section 6-205.1 of this title.
E.  The first license revocation under paragraph 7 of subsection A of this section shall be for a period of six (6) months.  A second or subsequent license revocation under paragraph 7 of subsection A of this section shall be for a period of one (1) year.  Such periods shall not be modified.
F.  Upon receiving a record of administrative action taken against an Oklahoma licensee by any municipal court of another state or any other state court or federal court within the United States, the Department of Public Safety shall take no action to suspend or revoke the driving privilege of the person or deny any request for modification as provided for in Section 6-205.1 of this title based on said record of administrative action.  The Department may take action to revoke the driving privilege of the person only when such action is based upon a final conviction, as required in subsection A of this section.
SECTION 3.     AMENDATORY     47 O.S. 2001, Section 6-205.1, as last amended by Section 2, Chapter 345, O.S.L. 2010 (47 O.S. Supp. 2010, Section 6-205.1), is amended to read as follows:
Section 6-205.1  A.  The driving privilege of a person who is convicted of any offense as provided in paragraph 2 or 6 of subsection A of Section 6-205 of this title, or a person who has refused to submit to a test or tests as provided in Section 753 of this title, or a person whose alcohol concentration is subject to the provisions of Section 754 of this title, shall be revoked or denied by the Department of Public Safety for the following period, as applicable:
1.  The first license revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or to Section 753 or 754 of this title shall be for one hundred eighty (180) days, which may be modified; provided, any modification under this paragraph shall apply to Class D motor vehicles only;
2.  A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title shall be for a period of one (1) year if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department; provided, any modification under this paragraph shall apply to Class D motor vehicles only:
a.	a prior revocation commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title.  Such period may be modified, or
b.	the record of the person reflects a prior conviction in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.  Such period may be modified; or
3.  A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title shall be for a period of three (3) years if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department; provided, any modification under this paragraph shall apply to Class D motor vehicles only:
a.	two or more prior revocations commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title.  Such period may be modified,
b.	the record of the person reflects two or more prior convictions in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.  Such period may be modified, or
c.	any combination of two or more prior revocations or convictions as described in subparagraphs a and b of this paragraph.  Such period may be modified.
B.  The driving privilege of a person who is convicted of any offense as provided in paragraph 6 of subsection A of Section 6-205 of this title shall be revoked or denied by the Department of Public Safety for the following period, as applicable:
1.  The first license revocation shall be for one hundred eighty (180) days, which may be modified; provided, for license revocations for a misdemeanor charge of possessing a controlled dangerous substance, the provisions of this paragraph shall apply to any such revocations by the Department on or after January 1, 1993; provided further, any modification under this paragraph shall apply to Class D motor vehicles only;
2.  A revocation shall be for a period of one (1) year if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:
a.	a prior revocation commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or under Section 753 or 754 of this title.  Such period shall not be modified, or
b.	the record of the person reflects a prior conviction in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 or 6 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.  Such period shall not be modified; or
3.  A revocation shall be for a period of three (3) years if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:
a.	two or more prior revocations commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or under Section 753 or 754 of this title.  Such period shall not be modified,
b.	the record of the person reflects two or more prior convictions in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 or 6 of subsection A of Section 6-205 of this title, and the person was not a resident or licensee of Oklahoma at the time of the offense resulting in the conviction.  Such period shall not be modified, or
c.	any combination of two or more prior revocations as described in subparagraphs a and b or this paragraph.  Such period shall not be modified.
The revocation of the driving privilege of any person under this subsection shall not run concurrently with any other withdrawal of driving privilege resulting from a different incident and which requires the driving privilege to be withdrawn for a prescribed amount of time.  A denial based on a conviction of any offense as provided in paragraph 6 of subsection A of Section 6-205 of this title shall become effective on the first day the convicted person is otherwise eligible to apply for and be granted driving privilege if the person was not eligible to do so at the time of the conviction.
C.  For the purposes of this subsection section:
1.  The term "conviction" includes a juvenile delinquency adjudication by a court or any notification from a court pursuant to Section 6-107.1 of this title; and
2.  The term "revocation" includes a denial of driving privileges by the Department; and
3.  The term “modified” means a modification of a suspension period or revocation period thereby allowing driving privileges with certain restrictions.
D.  Each period of revocation not subject to modification shall be mandatory and neither the Department nor any court shall grant driving privileges based upon hardship or otherwise for the duration of that period.  Each period of revocation, subject to modification as provided for in this section, may be modified as provided for in Section 754.1 or 755 of this title; provided, any modification under this paragraph shall apply to Class D motor vehicles only.
E.  Any appeal of a revocation or denial of driving privileges shall be governed by Section 6-211 of this title.
SECTION 4.  This act shall become effective November 1, 2011.

53-1-6524	GRS	01/20/11