Cal. VEH § 12801.5 — California Code / Code veh / Division 6 / Chapter 1 / Article 3 / Section 12801.5
Section 12801.5
Status: in_force

[Added by Stats. 2015, Ch. 708, Sec. 2.   (AB 1465)   Effective January 1, 2016.   Pursuant to subd. (h), this version becomes operative on July 1, 2016, only if a judicial determination as described in subd. (i) has not taken effect.   Pursuant to subd. (i), this version becomes inoperative on the effective date of a judicial determination as described. On that date, see the later operative version added by Sec. 4 of Ch. 708.]
(a) Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law.

(b) Except as provided in Section 12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency.

(d) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card.

(e) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government.

(f) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age.

(g) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility.

(h) This section shall become operative on July 1, 2016.

(i) This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

[Repealed (in Sec. 3) and added by Stats. 2015, Ch. 708, Sec. 4.   (AB 1465)   Effective January 1, 2016.   Pursuant to subd. (h), this version becomes operative on the effective date of a judicial determination as described, but not sooner than July 1, 2016, pursuant to subds. (g) and (h) in the amendment by Sec. 3 of Ch. 708.]
(a) Notwithstanding any other law, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law.

(b) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency.

(d) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card.

(e) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government.

(f) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age.

(g) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility.

(h) This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.