BILL NUMBER: AB 468	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2001
	AMENDED IN ASSEMBLY  MARCH 26, 2001

INTRODUCED BY   Assembly Member Cohn
    (Principal coauthor:  Assembly Member Leach) 

                        FEBRUARY 21, 2001

   An act to amend  Section 12815   Sections
12815 and 13003  of the Vehicle Code, relating to driver's
licenses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 468, as amended, Cohn.  Driver's license:   duplicate
  identification card  .
   Existing law provides a procedure for obtaining a duplicate driver'
s license if a driver's license is lost, destroyed or mutilated, or a
new true, full name is acquired.  In order to obtain a duplicate
license, the Department of Motor Vehicles must be furnished with
satisfactory proof of that loss, destruction, or mutilation, and if
the licensee is a minor, evidence of permission to obtain a duplicate
secured from the parents, guardian, or person having custody of the
minor.
   This bill would require, in addition, that the department be
furnished with satisfactory proof of the identity of the person
requesting the duplicate license, including a valid identification
document that contains a photograph of that person.  The bill would
require the department to verify a person's identity through
inspection of its own photographic files from the licensee's prior
license if the person requesting a duplicate license is unable to
provide satisfactory proof of his or her identity.  
   Under existing law, if an identification card issued under the
Vehicle Code is lost, destroyed, mutilated, or a new true full name
is acquired, the person to whom that card was issued may make
application for an original identification card.
   This bill would provide that if application is made pursuant to
the above, the person applying would be required to provide the
department with (1) satisfactory proof of that loss, destruction, or
mutilation and (2) satisfactory proof of the identity of that person,
including a valid identification document that contains his or her
photograph.  The bill would require, if the person requesting a new
identification card is unable to provide satisfactory proof of his or
her identity, the department to verify that person's identity
through inspection of its own photographic files from the person's
prior identification card.  The bill would require any person who
loses an identification card and who, after obtaining a new
identification card, finds the original identification card, to
immediately destroy the original identification card.  Because a
violation of any provision of the Vehicle Code is a crime, this bill
would impose a state-mandated local program by expanding the scope of
that crime.
  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:   no   yes  .


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


  SECTION 1.  Section 12815 of the Vehicle Code is amended to read:
   12815.  (a) If a driver's license issued under this code is lost,
destroyed or mutilated, or a new true, full name is acquired, the
person to whom it was issued shall obtain a duplicate upon furnishing
to the department (1) satisfactory proof of that loss, destruction,
or mutilation and (2) satisfactory proof of the identity of the
person requesting a duplicate license, including a valid
identification document that contains a photograph of that person,
and (3) if the licensee is a minor, evidence of permission to obtain
a duplicate secured from the parents, guardian, or person having
custody of the minor.  If the person requesting a duplicate license
is unable to provide satisfactory proof of his or her identity, the
department shall verify that person's identity through inspection of
its own photographic files from the licensee's prior license.  Any
person who loses a driver's license and who, after obtaining a
duplicate, finds the original license shall immediately destroy the
original license.
   (b) A person in possession of a valid driver's license who has
been informed either by the department or by a law enforcement agency
that the document is mutilated shall surrender the license to the
department not later than 10 days after that notification.
   (c) For purposes of this section, a mutilated license is one that
has been damaged sufficiently to render any or all of the elements of
identity set forth in Sections 12800.5 and 12811 unreadable or
unidentifiable through visual, mechanical, or electronic means.

  SEC. 2.  Section 13003 of the Vehicle Code is amended to read:

   13003.  (a) If an identification card issued under this code is
lost, destroyed, mutilated, or a new true full name is acquired, the
person to whom it was issued  shall   may 
make application for an original identification card as specified in
Section 13000.  The fee provided in Section 14902 shall be paid to
the department upon application for the card.  Every identification
card issued pursuant to this section shall expire as provided in
Section 13002 and shall be deemed an original identification card for
that purpose.
   (b)  (1) A person making a request under subdivision (a) shall
provide the department with the following satisfactory proof:
   (A) That the loss, destruction, or mutilation of the card
occurred.
   (B) The identity of that person, including a valid identification
document that contains his or her protograph.
   (2) If the person requesting a new identification card is unable
to provide satisfactory proof of his or her identity, the department
shall verify that person's identity through inspection of its own
photographic files from the person's prior identification card.
   (3) Any person who loses an identification card and who, after
obtaining a new identification card, finds the original
identification card, shall immediately destroy the original
identification card.
   (c)  A person in possession of a valid identification card
who has been informed either by the department or by a law
enforcement agency that the document is mutilated shall surrender the
identification card to the department not later than 10 days after
that notification.  
   (c)  
   (d)  For purposes of this section a mutilated identification
card is one that has been damaged sufficiently to render any or all
of the elements of identity set forth in Sections 13005 and 13005.5
unreadable or unidentifiable through visual, mechanical, or
electronic means.   
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.