AB 1662

AB1662:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1662

An act to amend Section 12810 of the Vehicle 1001.95 of the Penal Code, relating to vehicles. diversion.

LEGISLATIVE COUNSEL'S DIGEST

AB 1662, as amended, Wilson. Driving record: points: misdemeanor Misdemeanor diversion.

Existing law authorizes a judge in a case where a misdemeanor is being prosecuted, over the objection of the prosecuting attorney, to offer diversion to the defendant. Existing law prohibits this type of diversion when, among other things, the current charged offense is willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person while making a credible threat toward that person, as specified.Existing law requires the clerk of a court, in which a person was convicted of a violation of the Vehicle Code or other specified provisions, to prepare within 5 days after conviction and immediately forward to the Department of Motor Vehicles an abstract of the record of the court covering the case in which the person was convicted.This bill would require the court, if the court grants diversion to a defendant who, if they had been convicted, would have had an abstract of record forwarded to the department pursuant to the above provisions, to instead direct that the prosecuting attorney ensure notice of the arrest or incident is provided to the department, as specified. By increasing the duties on local officials, this bill would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law imposes various violation points against a driver’s record for purposes of the suspension or revocation of the privilege to drive by the Department of Motor Vehicles (DMV) if a driver is convicted of a number of specified violations, including a conviction of driving under the influence or vehicular manslaughter. Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer diversion to a defendant, and requires the judge, at the end of the diversion period and if the defendant has complied with the imposed terms and conditions, to dismiss the action against the defendant.

This bill would require a court that has, upon the above-described diversion, dismissed a misdemeanor case that includes a violation that is required to be assessed points to transmit that information to the DMV, and would require the DMV to assess the applicable points on the driver’s record.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES

Bill Text

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

SECTION 1.

Section 1001.95 of the Penal Code is amended to read:

1001.95.

(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.

(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.

(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.

(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:

(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.

(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.

(3) A violation of Section 646.9.

(f) If the court grants diversion pursuant to this section for a violation the court would be required to report to the Department of Motor Vehicles pursuant to Section 1803 of the Vehicle Code, the court shall direct the prosecuting attorney to ensure the arresting agency provides notice to the Department of Motor Vehicles of the arrest or incident.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 12810 of the Vehicle Code is amended to read:

12810.

In determining the violation point count, the following shall apply:

(a)A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.

(b)A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.

(c)A conviction of reckless driving shall be given a value of two points.

(d)(1)A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.

(2)A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.

(e)A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

(f)Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.

(g)A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

(h)A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.

(i)(1)A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

(2)A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.

(3)A violation of subdivision (d) of Section 21712 shall not result in a violation point count.

(4)A violation of Section 23136 shall not result in a violation point count.

(5)A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.

(j)A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.

(k)A court that has dismissed a case, pursuant to Section 1001.95 of the Penal Code, that includes a violation described in this section shall transmit that information to the department, and the department shall assess points on the driver’s record, as applicable under this article. A court shall submit the information in the same manner and format in which it submits information of a conviction of a traffic violation.