STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 1212	By:	Brogdon

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-201, as last amended by Section 5, Chapter 149, O.S.L. 2004 (47 O.S. Supp. 2008, Section 6-201), which relates to driver licenses; clarifying reference; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 6-201, as last amended by Section 5, Chapter 149, O.S.L. 2004 (47 O.S. Supp. 2008, Section 6-201), is amended to read as follows:
Section 6-201.  A.  The Department of Public Safety is hereby authorized to cancel or deny any person’s driving privilege upon determining that the person:
1.  Is not entitled to a driver license or identification card issued to the person; or
2.  Failed to give the required or correct information in the application.
Upon such cancellation or denial, the person to whom the license or card was issued shall surrender the license or card so canceled to the Department of Public Safety.  The person may apply for a valid driver license or identification card, if the person is otherwise eligible.  Any person whose driving privilege is canceled or denied under the provisions of this subsection shall have the right to an appeal as provided in Section 6-211 of this title.
B.  Upon determination by the Department that any person:
1.  Used fraudulent information to apply for or obtain a driver license or identification card;
2.  Committed or aided another person in the commission of any act provided in subparagraph b, c, e, g, or h of paragraph 1 of Section 6-301 of this title; or
3.  Committed or aided another person in the commission of any act provided in subparagraph a, b, c, d, e, or f of paragraph 2 of Section 6-301 of this title, the Department shall revoke the person’s driving privilege for a period of sixty (60) days for a first determination.  For a second or subsequent determination by the Department under paragraph 1, 2 or 3 of this subsection, the person’s driving privilege shall be revoked for a period of six (6) months.  Such periods shall not be subject to modification.  Upon such revocation, the person to whom the license or card was issued shall surrender the license or card to the Department.  The person may apply for a valid identification card, if the person is otherwise eligible.
C.  A determination, as provided for in subsection B of this section, shall include:
1.  A conviction in any court, when the conviction becomes final; or
2.  The findings of an investigation by the Driver License Fraud Unit of the Oklahoma Highway Patrol Division of the Department of Public Safety.
D.  Any person whose driving privilege is revoked under the provisions of subsection B of this section  may be required to obtain a release from the Driver License Fraud Unit of the Department before being considered for reinstatement of driving privileges.
E.  Any person whose driving privilege is revoked under the provisions of subsection B of this section shall have the right to an appeal as provided in Section 6-211 of this title.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-623	CD	1/15/2009 9:18:34 PM