Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook information regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.

This bill would require the department to also include within the handbook information regarding a persons civil rights during a traffic stop, including the right to file a complaint against a peace officer, as specified, developed by the civil rights section of the Department of Justice in consultation with the Department of Motor Vehicles, the Department of the California Highway Patrol, the Commission on Peace Officer Standards and Training, and civil rights organizations. The bill would require that information to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.

Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook information regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.

This bill would require the department to also include within the handbook information regarding a persons civil rights during a traffic stop, including the right to file a complaint against a peace officer, as specified, developed by the civil rights section of the Department of Justice in consultation with the Department of Motor Vehicles, the Department of the California Highway Patrol, the Commission on Peace Officer Standards and Training, and civil rights organizations. The bill would require that information to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.

Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook information regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.

This bill would require the department to also include within the handbook information regarding a persons civil rights during a traffic stop, including the process for filing right to file a complaint against a peace officer, as specified, developed by the department in consultation with the civil rights section of the Department of Justice, Justice in consultation with the Department of Motor Vehicles, the Department of the California Highway Patrol, the Commission on Peace Officer Standards and Training, and civil rights organizations. The bill would require that information to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.

Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook information regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.

This bill would require the department to also include within the handbook information regarding a persons civil rights during a traffic stop, including the process for filing a complaint against a peace officer, as specified, developed by the department in consultation with the civil rights section of the Department of Justice, the Department of the California Highway Patrol, the Commission on Peace Officer Standards and Training, and civil rights organizations. The bill would require that information to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.

Existing law requires the Department of Transportation to place and maintain a sign stating that the abandonment or dumping of an animal is a crime punishable by a fine of up to $1,000 or by confinement in a county jail for up to 6 months, or both, on every major state highway entering the state, as specified.

This bill would make technical, nonsubstantive changes to that provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2918

Author:(Holden)

As Amended Ver:June 13, 2018

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Requires the Department of Motor Vehicles (DMV) to include within the California Driver's Handbook (Handbook) a section on a person's civil rights during a traffic stop.

The Senate amendments require the civil rights section of the Department of Justice (DOJ), instead of DMV, to draft a section on a person’s civil rights during a traffic stop for the Handbook and only require the section to state that an individual can file a complaint against a police officer instead of specifying how to file a complaint against a police officer.

EXISTING LAW requires DMV to publish a synopsis or summary of the laws regulating the operation of vehicles and the use of highways and to deliver a copy without charge with each original vehicle registration and with each original driver's license. This summary is referred to as the Handbook.

AS PASSED BY THE ASSEMBLY, this bill:

1. Required DMV to include within the Handbook a section on a person's civil rights during a traffic stop, including:
   1. The limitations of a peace officer's authority during a traffic stop.
   2. The legal rights of drivers and passengers.
   3. Details on the process for filing complaints against a peace officer.
2. Required DMV to develop this section in consultation with the civil rights section of the DOJ, California Highway Patrol (CHP), California Commission on Peace Officer Standards and Training (POST) and civil rights organizations, including community-based organizations.
3. Allowed DMV to include the information at the earliest opportunity when the handbook is otherwise revised or reprinted.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. One-time DOJ costs of approximately $85,000 in 2018-19 to consult with other specified entities and develop the new section of the Driver’s Handbook. ($63,000 in General Fund costs, with the remaining costs charged to the Motor Vehicle Account through reimbursements)
2. Minor one-time costs for DMV to update the Driver’s Handbook to incorporate the new section. (Motor Vehicle Account)
3. Minor and absorbable costs to DMV, CHP, and POST to coordinate with DOJ on the development of the new section of the Driver’s Handbook. (Motor Vehicle Account and Peace Officers Training Fund)

COMMENTS: DMV publishes the Handbook annually which provides a synopsis of existing law and rules of the road. The Handbook provides a more accessible means for potential and current drivers to understand the rules of the road, and is used as the basis for a written exam when an applicant applies for a driver's license. DMV, puts this document together on its own, and has few statutory requirements on particular sections of the Handbook. The Handbook published in 2018 is 117 pages long.

The current Handbook does contain a section on interactions with peace officers. The section mostly deals with what a driver should do during an enforcement stop. It includes advice, including turning on your right turn signal, moving all the way to the right shoulder of the road (including highways), ending your cell phone conversation and turning off your radio, to remain inside your vehicle, and to place your hands in clear view.

The last section in particular focuses on taking steps to make an officer feel less threatened:

During an enforcement stop, an officer's inability to see the hands of the driver and all occupants in the vehicle increases the officer's level of feeling threatened. Most violent criminal acts against a law enforcement officer occur through the use of a person's hands, such as the use of a firearm, sharp object, etc. If your windows are tinted, it is recommended that you roll down your windows after you have stopped your vehicle on the right shoulder of the roadway and before the officer makes contact with you.

While the Handbook provides a section to advise you on how to interact with the police, nowhere does the handbook provide information on a driver's rights when being pulled over. This bill requires DMV to work with the DOJ's civil rights section, law enforcement, and with civil rights organizations to also include a section on an individual's personal rights.

Committee Comments: For the most part, the Handbook focuses on the rules of the road and is meant to make new drivers aware of our traffic laws and existing drivers aware of any changes to the law. Adding a section as described in this bill may be useful to motorists, but it goes beyond the scope or the purpose of the Handbook, and makes a long read even longer.

Logistically, there are other problems with the provisions required by the language in this bill. For example, the bill requires a section on how to file a complaint against a peace officer, except the complaint process varies from jurisdiction to jurisdiction and agency to agency. Some agencies allow you to file a complaint online, in person, over the phone, or by email and clearly have the information available on their websites. Others, however, do not make their complaint process accessible online.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0004346

 THIRD READING  

Bill No: AB 2918

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/12/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener

NO VOTE RECORDED: Morrell

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 59-4, 5/21/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Department of Motor Vehicles (DMV) to include within the California Driver’s Handbook (Handbook) a section on a person’s civil rights during a traffic stop.

ANALYSIS:

Existing law:

1. Requires DMV to publish a synopsis or summary of the laws regulating the operation of vehicles and the use of highways. This summary is referred to as the California Driver’s Handbook.
2. Requires the Handbook to include language regarding the following:
3. Rail transit safety.
4. Abandonment or dumping of any animal on a highway.
5. The importance of respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders

This bill:

1. Requires DMV to include within the Handbook a section on a person’s civil rights during a traffic stop, including:
2. The limitations of a peace officer’s authority during a traffic stop.
3. The legal rights of drivers and passengers, including the right to file complaints against a peace officer.
4. Requires the civil rights section of the Department of Justice (DOJ) to develop this section in consultation with DMV, California Highway Patrol (CHP), California Commission on Peace Officer Standards and Training (POST) and civil rights organizations, including community-based organizations.
5. Allows DMV to include the information at the earliest opportunity when the handbook is otherwise revised or reprinted.

Comments

1. Purpose. The author states that the Handbook includes suggestions on how to conduct one’s self during a traffic stop, but stops short of stating the rights of the driver and what to do if the situation is escalating. In order to inform the driving population of their rights in one trusted place, AB 2918 would direct the DMV to provide information regarding a person’s civil rights during a traffic stop in the Handbook.
2. Driver’s Handbook. The Handbook, which is published by DMV annually, provides a synopsis of the existing rules of the road to make new drivers aware of the state’s traffic laws and existing drivers aware of any changes to the law. The Handbook is used as the basis for the written test that applicants take when applying for an original driver’s license. The Handbook published in 2018 is 117 pages long.
3. Interactions with Police Officers. The Handbook currently contains a section on what a driver should do during an enforcement stop. It recommends that when being pulled over: drivers should turn on their signal, move all the way to the right shoulder of the road, turn off the radio and end any phone calls, remain inside the vehicle, and place your hands within clear view, such as on the steering wheel or on top of your lap. The last part of this section provides specific steps that drivers should take to make officers feel less threatened. It is not unreasonable that the Handbook could also include a section on driver’s rights during a traffic stop to make drivers feel safer and less threatened in what may be a distressing or first-time experience for some drivers.

Related/Prior Legislation

SB 1021 (Bowen, Chapter 898, Statutes of 2006) required the DMV to include within the Handbook language regarding the importance of respecting the right-of-way of pedestrians, bicycle riders, and motorcycle riders.

SB 237 (Vincent, Chapter 300, Statutes of 2001) required the DMV to include within the Handbook language regarding the abandonment of any animal on a highway.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to Senate Appropriations Committee:

• One-time DOJ costs of approximately $85,000 in 2018-19 to consult with other specified entities and develop the new section of the Driver’s Handbook. ($63,000 in General Fund costs, with the remaining costs charged to the Motor Vehicle Account through reimbursements)
  
• Minor one-time costs for DMV to update the Driver’s Handbook to incorporate the new section. (Motor Vehicle Account)
  
• Minor and absorbable costs to DMV, CHP, and POST to coordinate with DOJ on the development of the new section of the Driver’s Handbook. (Motor Vehicle Account and Peace Officers Training Fund)

SUPPORT: (Verified 8/17/18)

The Grand Boule of Sigma Pi Phi Fraternity, Inc.

OPPOSITION: (Verified 8/17/18)

California State Sheriffs

ASSEMBLY FLOOR: 59-4, 5/21/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cunningham, Dahle, Daly, Fong, Frazier, Friedman, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Travis Allen, Brough, Obernolte, Waldron

NO VOTE RECORDED: Bigelow, Choi, Cooper, Eggman, Flora, Gallagher, Cristina Garcia, Eduardo Garcia, Gray, Harper, Mathis, Mayes, Melendez, Patterson, Voepel

Prepared by:

8/18/18 14:55:26

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2918 (Holden) - Vehicles: driver’s handbook

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2918 would require the Department of Motor Vehicles (DMV) to include information in the California Driver’s Handbook regarding a person’s civil rights during a traffic stop, as specified. The information would be developed by the civil rights section of the Department of Justice (DOJ), in consultation with DMV, the California Highway Patrol (CHP), the Commission on Peace Officer Standards and Training (POST), and civil rights organizations.

Fiscal Impact:

• One-time DOJ costs of approximately $85,000 in 2018-19 to consult with other specified entities and develop the new section of the Driver’s Handbook. ($63,000 in General Fund costs, with the remaining costs charged to the Motor Vehicle Account through reimbursements)
  
• Minor one-time costs for DMV to update the Driver’s Handbook to incorporate the new section. (Motor Vehicle Account)
  
• Minor and absorbable costs to DMV, CHP, and POST to coordinate with DOJ on the development of the new section of the Driver’s Handbook. (Motor Vehicle Account and Peace Officers Training Fund)

Background:

Existing law requires DMV to publish a synopsis or summary of the laws regulating the operation of vehicles and the use of highways, known as the California Driver’s Handbook, and may include a copy with each original vehicle registration and driver’s license. Existing law requires the Driver’s Handbook to include information regarding rail transit safety, abandonment or dumping of any animal on a highway, and the importance of respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders. The Driver’s Handbook is updated and published annually.

Proposed Law:

AB 2918 would require DOJ’s civil rights section, in consultation with DMV, CHP, POST, and civil rights organizations, to develop information regarding a person’s civil rights during a traffic stop, and require DMV to include that information in the California Driver’s Handbook. The information must address the extent and limitations of a peace officer’s authority during a traffic stop and the legal rights of drivers and passengers, including the right to file complaints against a peace officer.

Staff Comments:

The current Driver’s Handbook contains guidance on what a driver should do during an enforcement stop, including recommendations that a driver should signal and move to the right shoulder of the road, turn off the radio and end any phone calls, remain inside the vehicle, and place hands within clear view, such as on the steering wheel or on top of your lap. In addition to current guidance on how drivers can make officers feel less threatened, this bill would require the Driver’s Handbook to also include information on a driver’s rights during a traffic stop, as specified.

DOJ indicates that it would incur total one-time costs in 2018-19 of approximately $85,000 among four of its divisions for the development of the new information regarding a peace officer’s authority and the rights of drivers and passengers during a traffic stop. DMV, CHP, and POST indicate that any costs to consult with DOJ on the development of the information would be minor and absorbable.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 2918 Hearing Date: 6/12/2018

SUBJECT: Vehicles: driver’s handbook

DIGEST: This bill requires the Department of Motor Vehicles (DMV) to include within the California Driver’s Handbook (Handbook) a section on a person’s civil rights during a traffic stop.

ANALYSIS:

Existing law:

1. Requires DMV to publish a synopsis or summary of the laws regulating the operation of vehicles and the use of highways. This summary is referred to as the California Driver’s Handbook.
2. Requires the Handbook to include language regarding the following:
3. Rail transit safety.
4. Abandonment or dumping of any animal on a highway.
5. The importance of respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders

This bill:

1. Requires DMV to include within the Handbook a section on a person’s civil rights during a traffic stop, including:
2. The limitations of a peace officer’s authority during a traffic stop.
3. The legal rights of drivers and passengers.
4. Details on the process for filing complaints against a peace officer.
5. Requires DMV to develop this section in consultation with the civil rights section of the Department of Justice (DOJ), California Highway Patrol (CHP), California Commission on Peace Officer Standards and Training (POST) and civil rights organizations, including community-based organizations.
6. Allows DMV to include the information at the earliest opportunity when the handbook is otherwise revised or reprinted.

COMMENTS

1. Purpose. The author states that the Handbook includes suggestions on how to conduct one’s self during a traffic stop, but stops short of stating the rights of the driver and what to do if the situation is escalating. In order to inform the driving population of their rights in one trusted place, AB 2918 would direct the DMV to provide information regarding a person’s civil rights during a traffic stop in the Handbook.
2. Driver’s Handbook. The Handbook, which is published by DMV annually, provides a synopsis of the existing rules of the road to make new drivers aware of the state’s traffic laws and existing drivers aware of any changes to the law. The Handbook is used as the basis for the written test that applicants take when applying for an original driver’s license. The Handbook published in 2018 is 117 pages long.
3. Interactions with Police Officers. The Handbook currently contains a section on what a driver should do during an enforcement stop. It recommends that when being pulled ove: drivers should turn on their signal, move all the way to the right shoulder of the road, turn off the radio and end any phone calls, remain inside the vehicle, and place your hands within clear view, such as on the steering wheel or on top of your lap. The last part of this section provides specific steps that drivers should take to make officers feel less threatened. It is not unreasonable that the Handbook could also include a section on driver’s rights during a traffic stop to make drivers feel safer and less threatened in what may be a distressing or first-time experience for some drivers. This bill would require DMV to include a section on an individual’s civil rights during a traffic stop in the state, in consultation with the DOJ’s civil rights section, law enforcement groups, and with civil rights organizations.
4. DMV’s Role. The DMV’s mission is to license drivers, register vehicles, and regulate the motor vehicle industry. Developing language on a driver and passenger’s civil rights during a traffic stop is outside the purview of the DMV. It may be useful to motorists to include a section as described in the bill in the Handbook, but DMV is not the correct agency to oversee the development of this language. The author may wish to consider amending the bill to have DOJ develop the language, in consultation with DMV and the other specified stakeholders.
5. Logistical Issues. The bill currently requires language on the details of filing a complaint against a peace officer to be placed in to the Handbook. The concern with this provision is that the complaint process differs throughout the state. For example, some agencies have a phone number, while others have an online form. Including the details of each complaint process for every agency and jurisdiction in the state will be impossible to do within the context of one state-wide Handbook. To achieve the goal of providing concise and helpful information on the civil rights of motorists during a traffic stop in the Handbook, the author may wish to consider amending the bill to require language about a person’s right to file a complaint with the police rather than the details of the filing processes.

Related Legislation:

SB 1021 (Bowen, Chapter 898, Statutes of 2006) — required the DMV to include within the Handbook language regarding the importance of respecting the right-of-way of pedestrians, bicycle riders, and motorcycle riders.

SB 237 (Vincent, Chapter 300, Statutes of 2001) — required the DMV to include within the Handbook language regarding the abandonment of any animal on a highway.

Assembly Votes:

Floor: 59-4

Approps: 13-4

Trans: 12-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 6, 2018.)

SUPPORT:

The Grand Boule of Sigma Pi Phi Fraternity, Inc.

OPPOSITION:

California State Sheriffs

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2918

Author:(Holden)

As Amended Ver:April 9, 2018

Majority vote

SUMMARY: Requires the Department of Motor Vehicles (DMV) to include within the California Driver's Handbook (Handbook) a section on a person's civil rights during a traffic stop. Specifically, this bill:

1. Requires DMV to include within the Handbook a section on a person's civil rights during a traffic stop, including:
   1. The limitations of a peace officer's authority during a traffic stop.
   2. The legal rights of drivers and passengers.
   3. Details on the process for filing complaints against a peace officer.
2. Requires DMV to develop this section in consultation with the civil rights section of the Department of Justice (DOJ), California Highway Patrol (CHP), California Commission on Peace Officer Standards and Training (POST) and civil rights organizations, including community-based organizations.
3. Allows DMV to include the information at the earliest opportunity when the handbook is otherwise revised or reprinted.

EXISTING LAW: Requires DMV to publish a synopsis or summary of the laws regulating the operation of vehicles and the use of highways and to deliver a copy without charge with each original vehicle registration and with each original driver's license. This summary is referred to as the California Driver's Handbook.

FISCAL EFFECT: According to the Assembly Appropriations Committee, costs for DMV to conduct stakeholder meetings and update the Driver's Handbook are likely minor.

COMMENTS: DMV publishes the Handbook annually which provides a synopsis of existing law and rules of the road. The Handbook provides a more accessible means for potential and current drivers to understand the rules of the road, and is used as the basis for a written exam when an applicant applies for a driver's license. DMV, puts this document together on its own, and has few statutory requirements on particular sections of the Handbook. The Handbook published in 2018 is 117 pages long.

The current Handbook does contain a section on interactions with peace officers. The section mostly deals with what a driver should do during an enforcement stop. It includes advice, including turning on your right turn signal, moving all the way to the right shoulder of the road (including highways), ending your cell phone conversation and turning off your radio, to remain inside your vehicle, and to place your hands in clear view.

The last section in particular focuses on taking steps to make an officer feel less threatened:

During an enforcement stop, an officer's inability to see the hands of the driver and all occupants in the vehicle increases the officer's level of feeling threatened. Most violent criminal acts against a law enforcement officer occur through the use of a person's hands, such as the use of a firearm, sharp object, etc. If your windows are tinted, it is recommended that you roll down your windows after you have stopped your vehicle on the right shoulder of the roadway and before the officer makes contact with you.

While the Handbook provides a section to advise you on how to interact with the police, nowhere does the handbook provide information on a driver's rights when being pulled over. This bill requires DMV to work with the DOJ's civil rights section, law enforcement, and with civil rights organizations to also include a section on an individual's personal rights.

Committee comments: For the most part, the Handbook focuses on the rules of the road and is meant to make new drivers aware of our traffic laws and existing drivers aware of any changes to the law. Adding a section as described in this bill may be useful to motorists, but it goes beyond the scope or the purpose of the Handbook, and makes a long read even longer.

Logistically, there are other problems with the provisions required by the language in this bill. For example, the bill requires a section on how to file a complaint against a peace officer, except the complaint process varies from jurisdiction to jurisdiction and agency to agency. Some agencies allow you to file a complaint online, in person, over the phone, or by email and clearly have the information available on their websites. Others, however, do not make their complaint process accessible online.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0002949

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2918

Author:(Holden) – As Amended Ver:April 9, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Motor Vehicles (DMV) to include within the California Driver’s Handbook a section on a person’s civil rights during a traffic stop.

FISCAL EFFECT:

Costs for DMV to conduct stakeholder meetings and update the Driver’s Handbook are likely minor.

COMMENTS:

1. Background. DMV publishes the California Driver’s Handbook annually to provide a synopsis of existing law and rules of the road. The handbook provides a more accessible means for potential and current drivers to understand the rules of the road, and is used as the basis for a written exam when an applicant applies for a driver’s license. The 2018 version of the handbook is 117 pages long.
2. Purpose. According to the author:

In order to inform the driving population of their rights in one trusted place, AB 2918 would direct the Department of Motor Vehicles to provide information regarding a

person’s civil rights during a traffic stop in the Driver’s Handbook. The information shall address the extent and limitations of a peace officer’s authority during a traffic stop, the legal rights of drivers and passengers, and details on the process for filing complaints against a peace officer. This information will be developed by the DMV after consulting with stakeholders in public safety and civil justice.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 16, 2018

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 2918 (

Author:Holden) – As Amended Ver:April 9, 2018

SUBJECT: Vehicles: driver’s handbook

SUMMARY: Requires the Department of Motor Vehicles (DMV) to include within the California Driver’s Handbook (Handbook) a section on a person’s civil rights during a traffic stop. Specifically, this bill:

1. Requires DMV to include within the Handbook a section on a person’s civil rights during a traffic stop, including:
2. The limitations of a peace officer’s authority during a traffic stop.
3. The legal rights of drivers and passengers.
4. Details on the process for filing complaints against a peace officer.

3) Requires DMV to develop this section in consultation with the civil rights section of the Department of Justice (DOJ), California Highway Patrol (CHP), California Commission on Peace Officer Standards and Training (POST) and civil rights organizations, including community-based organizations.

4) Allows DMV to include the information at the earliest opportunity when the handbook is otherwise revised or reprinted.

EXISTING LAW:

1. Requires DMV to publish a synopsis or summary of the laws regulating the operation of vehicles and the use of highways and to deliver a copy without charge with each original vehicle registration and with each original driver’s license. This summary is referred to as the California Driver’s Handbook.
2. Requires the Handbook to include:
3. A section on a driver’s responsibility to carry valid evidence of automobile liability insurance and the consequences of failing to do so.
4. A section on a driver’s responsibility to file a report of an accident with DMV within 10 days of an accident if there were damages over $1,000 and the consequences of failing to do so.
5. A section on rail transit safety.
6. A section on dumping of any animal on a highway.
7. A section on respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders.

FISCAL EFFECT: Unknown

COMMENTS: DMV publishes the Handbook annually which provides a synopsis of existing law and rules of the road. The Handbook provides a more accessible means for potential and current drivers to understand the rules of the road, and is used as the basis for a written exam when an applicant applies for a driver’s license. DMV, puts this document together on its own, and has few statutory requirements on particular sections of the Handbook. The Handbook published in 2018 is 117 pages long.

The current Handbook does contain a section on interactions with peace officers. The section mostly deals with what a driver should do during an enforcement stop. It includes advice, including turning on your right turn signal, moving all the way to the right shoulder of the road (including highways), ending your cell phone conversation and turning off your radio, to remain inside your vehicle, and to place your hands in clear view.

The last section in particular focuses on taking steps to make an officer feel less threatened:

During an enforcement stop, an officer’s inability to see the hands of the driver and all occupants in the vehicle increases the officer’s level of feeling threatened. Most violent criminal acts against a law enforcement officer occur through the use of a person’s hands, such as the use of a firearm, sharp object, etc. If your windows are tinted, it is recommended that you roll down your windows after you have stopped your vehicle on the right shoulder of the roadway and before the officer makes contact with you.

While the Handbook provides a section to advise you on how to interact with the police, nowhere does the handbook provide information on a driver’s rights when being pulled over. This bill requires DMV to work with the DOJ’s civil rights section, law enforcement, and with civil rights organizations to also include a section on an individual’s personal rights.

Committee comments: For the most part, the Handbook focuses on the rules of the road and is meant to make new drivers aware of our traffic laws and existing drivers aware of any changes to the law. Adding a section as described in this bill may be useful to motorists, but it goes beyond the scope or the purpose of the Handbook, and makes a long read even longer.

Logistically, there are other problems with the provisions required by the language in this bill. For example, the bill requires a section on how to file a complaint against a peace officer, except the complaint process varies from jurisdiction to jurisdiction and agency to agency. Some agencies allow you to file a complaint online, in person, over the phone, or by email and clearly have the information available on their websites. Others, however, do not make their complaint process accessible online.

REGISTERED SUPPORT / OPPOSITION:

Support

National Association of Social Workers, California Chapter

Opposition

None on file

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093