AB 1684: Vehicles: traffic violator schools.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-04-06
Existing law authorizes a court to order a continuance of proceedings against a person who has received a notice to appear for a violation of statute relating to the safe operation of a vehicle and subsequently deposits and forfeits bail, pleads guilty or no contest, or is convicted, in consideration for completion of a program for traffic violators, or traffic school.
Existing law requires the Department of Motor Vehicles to license traffic violator schools. Existing law prescribes the requirements for a traffic violator school to be licensed, authorizes the department to charge a fee for licensing, and authorizes the department to suspend or revoke a license, as specified.
This bill would require the Department of Motor Vehicles department to conduct a study on the impact of the traffic violator school program on reducing subsequent traffic offenses by a violator. The bill would also require the department to submit a report on the findings of the study to the Legislature on or before January 1, 2020.
This bill would also require the department to collect specified data regarding enrollment, completion, and fees from traffic violator schools licensed in the state and to annually report that data to the Legislature.
Existing law authorizes a court to order a continuance of proceedings against a person who has received a notice to appear for a violation of statute relating to the safe operation of a vehicle and subsequently deposits and forfeits bail, pleads guilty or no contest, or is convicted, in consideration for completion of a program for traffic violators, or traffic school.
This bill would require the Department of Motor Vehicles to conduct a study on the impact of the traffic violator school program on reducing subsequent traffic offenses by a violator. The bill would also require the department to submit a report on the findings of the study to the Legislature on or before January 1, 2020.
Existing law authorizes the creation of joint highway districts to be composed of 2 or more counties for the purpose of improving public highways. Existing law authorizes the board of directors of a joint highway district to request the board of supervisors of a county within the district to condemn and acquire property or rights-of-way necessary for the projects of the district.This bill would make nonsubstantive changes to these provisions.Existing law authorizes the creation of joint highway districts to be composed of 2 or more counties for the purpose of improving public highways. Existing law authorizes the board of directors of a joint highway district to request the board of supervisors of a county within the district to condemn and acquire property or rights-of-way necessary for the projects of the district.
This bill would make nonsubstantive changes to these provisions.
(a)The Department of Motor Vehicles shall study the impact of traffic violator schools on reducing subsequent traffic offenses by a violator.
(b)The department shall submit a report on the findings of the study described in subdivision (a) to the Legislature on or before July 1, 2020. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.
SEC. 2.Section 11225 is added to the Vehicle Code, to read:11225.(a)The department shall annually collect the following information from all traffic violator schools licensed in the state:
(1)The number of persons who registered for the school in the previous year.
(2)The number of persons who attended or participated in the course and the number of persons who successfully completed the course in the previous year.
(3)The amount of money charged by the traffic violator school for the course in the previous year.
(4)The total revenue collected from participants by the traffic violator school in the previous year.
(b)The department shall submit a report including the data specified in subdivision (a) for each licensed traffic violator school to the Legislature on or before January 1, 2019, and annually thereafter.
(c)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(a)The Department of Motor Vehicles shall study the impact of traffic violator schools on reducing subsequent traffic offenses by a violator.
(b)The department shall submit a report on the findings of the study described in subdivision (a) to the Legislature on or before July 1, 2020. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.
SECTION 1.Section 25280 of the Streets and Highways Code is amended to read:25280.The board of directors of the district may request the board of supervisors and the proper officers of any county situated within the district to condemn and acquire property or rights-of-way within that county that are necessary for the projects of the district. Upon receipt of the request, the board of supervisors shall undertake the condemnation and acquisition requested by the board of directors and the cost thereof shall be a proper deduction from any levy made by the district upon or within that county. Any excess in that cost over and above the amount of that levy shall be paid to the county by the district out of any funds provided for that purpose. The proceedings required to be taken by any county or county officers under the provisions of this section may include the taking of possession prior to judgment of any property or rights-of-way necessary for district purposes.The board of directors of the district may request the board of supervisors and the proper officers of any county situated within the district to condemn and acquire property or rights-of-way within that county which that are necessary for the projects of the district. Upon receipt of the request, the board of supervisors shall undertake the condemnation and acquisition requested by the board of directors and the cost thereof shall be a proper deduction from any levy made by the district upon or within that county. Any excess in such that cost over and above the amount of any such that levy shall be paid to the county by the district out of any funds provided for that purpose. The proceedings required to be taken by any county or county officers under the provisions of this section may include the taking of possession prior to judgment of any property or rights-of-way necessary for district purposes.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 26, 2017 | In committee: Held under submission. |
| May 3, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 25, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 17, 2017 | Re-referred to Com. on TRANS. |
| Apr 6, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 30, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 3, 2017 | Re-referred to Com. on TRANS. |
| Mar 30, 2017 | Referred to Com. on TRANS. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 24, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1684
Author:(Bloom) – As Amended Ver:April 6, 2017
Policy Committee: | Transportation | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Motor Vehicles (DMV) to submit a report to the Legislature on impact of traffic violator schools on reducing subsequent traffic offenses by a violator. This report is due July 1, 2020. This bill also requires DMV to collect specified data from traffic violator schools that are licensed by DMV and report this data annually to the Legislature beginning January 1, 2019.
FISCAL EFFECT:
- One-time costs (Motor Vehicle Account) in the low hundreds of thousands of dollars for DMV to conduct the required study on the effectiveness of traffic violator schools and to prepare the associated report.
- Minor ongoing costs (Motor Vehicle Account for DMV to collect the required data and report it to the Legislature each year.
COMMENTS:
- Background. Existing law requires DMV to license and administer traffic violator schools, operators, and instructors. A person who commits certain types of traffic offenses can be ordered or permitted by the court to attend traffic violator school. If the person successfully completes a traffic violator course, the conviction may be made confidential and a violation point not assessed on the person’s driving record. DMV was previously required to submit annual reports to the Legislature on traffic violator schools containing some information similar to that required in this bill, but that requirement sunset in 2016.
- Purpose. According to the author, without data on the traffic violator school program, DMV is unable to know if the program is successful and how to improve the program to make California streets, roads and highways more safe. With this bill, the author intends to ensure that traffic violator schools are curbing safety violations and to ensure that DMV has information on the participants and revenue each traffic violator school receives, to allow DMV and the Legislature to evaluate the traffic violator school program.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 24, 2017
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1684 (
Author:Bloom) – As Amended Ver:April 6, 2017
SUBJECT: Vehicles: traffic violator schools
SUMMARY: Requires the Department of Motor Vehicles (DMV) to study the impact of traffic violator schools on reducing subsequent traffic offenses by a violator. Specifically, this bill:
- Requires DMV to submit a report on the impact of traffic violator schools on reducing subsequent traffic offenses by a violator by July 1, 2020, as specified.
- Requires DMV to annually collect from all traffic violator schools licensed in the state, the following:
- The number of persons who registered for the school in the previous year;
- The number of persons who attended or participated in the course and the number of persons who successfully completed the course in the previous year;
- The amount of money charged by the traffic violator school for the course in the previous year; and,
- The total revenue collected from participants by the traffic violator school in the previous year.
- Requires DMV to submit a report to the Legislature containing the above-specified data annually beginning January 1, 2019, as specified.
EXISTING LAW:
- Authorizes DMV to refuse to issue or renew a person’s driver’s license if the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.
- Requires DMV to presume a person whose driving record shows a specified number of violation points in a specified period of time to be a negligent operator of a motor vehicle.
- Requires DMV to license and administer traffic violator schools, operators, and instructors.
- Authorizes a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit a person to attend a licensed traffic violator school.
- Requires the court to continue a proceeding against a person in consideration of the successful completion of a course of instruction at a licensed traffic school and authorizes the court to order that the conviction be held confidential, as specified.
- Prohibits a violation point from being assessed to a person’s driving record if the conviction resulting in the point assessment is held confidential.
FISCAL EFFECT: Unknown
COMMENTS: When a court adjudicates a certain type of traffic offense, it may order or permit a person who has deposited bail, pled guilty or no contest, or been convicted to attend traffic violator school. A classroom program offered by a licensed traffic violator school must consist of just over 5.6 hours of instruction and an additional hour for the completion of a post-knowledge test, while an online program must exceed 42,500 words and offer an additional hour for the completion of a post-knowledge test.
If a person successfully completes a course of instruction at a traffic violator school, the record of the conviction may be ordered to be held confidential, except for DMV’s statistical purposes, and a violation point will not be assessed on that person’s driving record. Only the first conviction in an 18-month period may be ordered to be held confidential, and any subsequent conviction in that period will result in a point being assessed. A conviction cannot be held confidential if it is the result of certain types of violations, including driving under the influence of drugs or alcohol, leaving the scene of an accident, fleeing a peace officer, wrong-way driving, driving over 100 miles per hour, participating in a speed contest, transporting explosives, and driving with a suspended or revoked driving privilege. This bill would require DMV to study the impact of these traffic violator schools on reducing subsequent traffic offenses by a violator and would require DMV to report annually on basic statistics relating to traffic violator schools.
According to the author, without data on the traffic violator school program, DMV is unable to know if the program is successful and how to improve the program to make California streets, roads and highways more safe. With this bill, the author intends to ensure that traffic violator schools are curbing safety violations and to ensure that DMV has information on the participants and revenue each traffic violator school receives, to allow DMV and the Legislature to evaluate the traffic violator school program.
DMV was previously required to submit annual reports to the Legislature on traffic violator schools containing some similar information, but that requirement sunset in 2016.
Previous legislation: AB 902 (Bloom), Chapter 306, Statutes of 2015, removed the age limitation on the use of locally-adopted diversion programs for Vehicle Code infractions not involving a motor vehicle, allowing such programs to be offered to adults.
AB 2499 (Portantino) Chapter 599, Statutes of 2010, put online traffic violator schools under the purview of DMV, and required, until January 1, 2016, DMV to annually report to the Legislature on the status and progress of its efforts to implement the bill.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Justin Behrens / TRANS. /
Discussed in Hearing
1H
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):