BILL ANALYSIS
AB 645
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CONCURRENCE IN SENATE AMENDMENTS
AB 645 (Feuer)
As Amended June 28, 2007
Majority vote
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|ASSEMBLY: |74-0 |(May 3, 2007) |SENATE: |36-0 |(July 16, |
| | | | | |2007) |
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Original Committee Reference: TRANS.
SUMMARY : Prohibits an individual that is convicted of a 2 point
violation from attending traffic school and permits court
discretion in expunging convictions of these violations from an
individual's record.
The Senate amendments :
1)Prohibit an individual that is convicted of a 2 point
violation from attending traffic school and permit court
discretion in expunging convictions of these violations from
an individual's record.
2)Provide that if a defendant who was convicted of a 2 point
violation, petitions the court, the court in its discretion
and in the interests of justice, may order the relief
provided.
EXISTING LAW :
1)Permits a court to order or allow a person convicted of a
traffic violation to attend a traffic violator school, a
licensed driving school, or any other court-approved program
or driving instruction. After attendance, the court may
dismiss the compliant.
2)Provides a procedure for defendants who have fulfilled the
conditions of their probation to have a conviction dismissed
and expunged from their Department of Motor Vehicles (DMV)
record.
AS PASSED BY THE ASSEMBLY , this bill prohibited an individual
that has committed a hit and run, driving under the influence,
or reckless driving violation from attending traffic school and
AB 645
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permitted court discretion in expunging convictions of these
violations from an individual's record.
FISCAL EFFECT : No direct fiscal effect. There may be minor
statewide local court costs resulting from more moving
violations going to trial instead of being expunged but these
costs would not be reimbursable from the state.
COMMENTS : According to the author, ticket masking is a practice
of allowing drivers to attend traffic school in order to have
certain violations removed from their DMV record. The author
adds that in 2004, 773 serious 2-point violations, including
drunk driving, reckless driving, and hit-and-run accidents were
expunged. Thus, the author suggests, drivers that would
otherwise receive enough violation points to have their license
suspended as a negligent operator may continue to drive with no
negative consequences and be more likely to cause a subsequent
accident.
In 2004, there were over 31,000 alcohol-involved injuries and
1,462 alcohol-involved fatalities. Typically, DMV attaches
points to a driver's record for moving violations. If a driver
gets four points on their record in any 12-month period (or six
points in 24-months), DMV can suspend their individuals'
license.
In addition to the safety concerns this bill intends to target,
the author suggest that masking of these violations does not
allow insurance companies to truly gauge their clients' driving
records. Consequently, many drivers are able to qualify for a
"good driver discount," despite having been convicted of
multiple violations. The Pacific Association of Domestic
Insurance Companies states that in order to accurately assess
the risk and properly price the product, it is necessary that
insurance companies receive all current and accurate information
that may affect one's driving record.
This bill would also provide greater discretion by the courts to
dismiss or expunge from an individual record a conviction of a
hit and run, driving under the influence, or reckless driving.
By providing greater court discretion, a judge would be able to
punish the worst offenders by not allowing them to continuously
clear their records and have their behavior remain unchanged.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
AB 645
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319-2093
FN: 0001934