California Legislature—2015–16 Regular Session

Assembly Bill No. 529

Introduced by Assembly Member Jones-Sawyer

February 23, 2015

An act to amend Section 30000 of the Penal Code, and to amend Sections 4750 and 12805 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 529, as introduced, Jones-Sawyer. Armed prohibited persons: vehicle registration and driver’s license prohibitions.

Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law restricts the access of that database to specified entities, including, among others, the courts, and specified law enforcement and prosecutorial entities.

This bill would require the Department of Justice to allow the Department of Motor Vehicles to access the database in connection with the registration of vehicles and the issuance and renewal of driver’s licenses.

Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse registration, or renewal or transfer of registration, of a vehicle, including, among others, when the application contains a false or fraudulent statement, or the required fee has not been paid.

This bill would additionally require the department to refuse registration, or renewal or transfer of registration, of a vehicle, when the department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before registering a vehicle, or renewing or transferring the registration of a vehicle, to access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person.

Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse to issue or renew a driver’s license, including, among others, when the person seeking the license is not of legal age to receive a driver’s license.

This bill would additionally require the department to refuse to issue or renew the driver’s license of a person who the department determines is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before issuing or renewing a driver’s license, to access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 30000 of the Penal Code is amended to
read:

30000.  

(a) The Attorney General shall establish and maintain
an online database to be known as the Prohibited Armed Persons
File. The purpose of the file is to begin delete cross-reference end delete begin insert identify end insert persons
who have ownership or possession of a firearm on or after January
1, 1996, as indicated by a record in the Consolidated Firearms
Information System, and who, subsequent to the date of that
ownership or possession of a firearm, fall within a class of persons
who are prohibited from owning or possessing a firearm.

(b)  begin delete The end delete begin insert Except as provided in subdivision (c), the end insert information
contained in the Prohibited Armed Persons File shall begin delete only end delete be
available begin insert only end insert to those entities specified in, and pursuant to,
subdivision (b) or (c) of Section 11105, through the California
Law Enforcement Telecommunications System, for the purpose
of determining if persons are armed and prohibited from possessing
firearms.

begin insert

(c) The Department of Justice shall provide access to the
Prohibited Armed Persons File to the Department of Motor
Vehicles for purposes of complying with Sections 4750 and 12805
of the Vehicle Code.

end insert

SEC. 2.  

Section 4750 of the Vehicle Code is amended to read:

4750.  

The department shall refuse registration, or renewal or
transfer of registration, upon any of the following grounds:

(a) The application contains any false or fraudulent statement.

(b) The required fee has not been paid.

(c) The registration, or renewal or transfer of registration, is
prohibited by the requirements of Part 5 (commencing with Section
43000) of Division 26 of the Health and Safety Code.

(d) The owner of a heavy vehicle, which is subject to the heavy
vehicle use tax imposed pursuant to Section 4481 of Title 26 of
the United States Code, has not presented sufficient evidence, as
determined by the department, that the tax for the vehicle has been
paid pursuant to that section.

(e) Evidence of financial responsibility, begin delete that end delete begin insert which end insert is required
for a vehicle registration renewal begin delete where end delete begin insert when end insert there is no change
in registered owner, has not been provided to the department
pursuant to Section 4000.37 or electronically. This subdivision
does not apply to any of the following:

(1) A vehicle for which a certification has been filed pursuant
to Section 4604, until the vehicle is registered for operation upon
the highway.

(2) A vehicle owned or leased by, or under the direction of, the
United States or any public entity that is included in Section 811.2
of the Government Code.

(3) A vehicle registration renewal application begin delete where end delete begin insert when end insert there
is a change of registered owner.

begin insert

(f) (1) The department determines that the person to whom the
vehicle is, or will be, registered is listed as a prohibited person in
the Prohibited Armed Persons File, pursuant to Section 30000 of
the Penal Code.

end insert begin insert

(2) The department shall, before registering a vehicle, or
renewing or transferring the registration of a vehicle, access the
Prohibited Armed Persons File to determine if the person to whom
the vehicle is, or will be, registered is listed as a prohibited person.

end insert

SEC. 3.  

Section 12805 of the Vehicle Code is amended to read:

12805.  

The department shall not issue a driver’s license to, or
renew begin delete a end delete begin insert the end insert driver’s license of, any person:

(a) Who is not of legal age to receive a driver’s license.

(b) Whose best corrected visual acuity is 20/200 or worse in
that person’s better eye, as verified by an optometrist or
ophthalmologist. No person may use a bioptic telescopic or similar
lens to meet the 20/200 visual acuity standards.

(c) Who is unable, as shown by examination, to understand
traffic signs or signals or who does not have a reasonable
knowledge of the provisions of this code governing the operations
of vehicles upon the highways.

(d) When it is determined, by examination or other evidence,
that the person is unable to safely operate a motor vehicle upon a
highway.

(e) Who is unable to read and understand simple English used
in highway traffic and directional signs. This subdivision does not
apply to any person holding an operator’s or chauffeur’s license
issued by this state and valid on September 11, 1957.

(f) Who holds a valid driver’s license issued by a foreign
jurisdiction unless the license has been surrendered to the
department, or is lost or destroyed.

(g) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico,
and that license has been suspended by reason, in whole or in part,
of a conviction of a traffic violation until the suspension period
has begin delete terminated, except that the end delete begin insert terminated. The end insert department may
issue a license to the applicant if, in the opinion of the department,
it will be safe to issue a license to a person whose license to drive
was suspended by a state that is not a party to the Driver License
Compact provided for in Chapter 6 (commencing with Section
15000) of Division 6.

(h) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United States,
the District of Columbia or the Commonwealth of Puerto Rico,
and that license has been revoked by reason, in whole or in part,
of a conviction of a traffic violation, until the revocation has been
terminated or after the expiration of one year from the date the
license was revoked, whichever occurs begin delete first, except that the end delete begin insert first.
The end insert department may issue a license to the applicant if, in the
opinion of the department, it will be safe to issue a license to a
person whose license to drive was revoked by a state that is not a
party to the Driver License Compact provided for in Chapter 6
(commencing with Section 15000) of Division 6.

begin insert

(i) (1) Who the department determines is listed as a prohibited
person in the Prohibited Armed Persons File, pursuant to Section
30000 of the Penal Code.

end insert begin insert

(2) The department shall, before issuing or renewing a driver’s
license, access the Prohibited Armed Persons File to determine if
the person applying for, or renewing, the driver’s license is listed
as a prohibited person.

end insert