California 2021-2022 Regular Session Status: In Committee Bipartisan · 2 R · 1 D cosponsors

AB 863 — Driver's licenses: instruction permits.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes the Department of Motor Vehicles to issue an instruction permit, as specified. Under existing law, an instruction permit authorizes the permittee to operate a vehicle, as specified, under the immediate supervision of a California-licensed driver who is over the age of 18. Existing law also requires the accompanying licensed driver to occupy a position in the passenger compartment of the vehicle that enables them to provide guidance and assist in controlling the vehicle if necessary. This bill would prohibit the accompanying licensed driver from being under the influence of alcohol or drugs and would make a violation punishable as an infraction. This bill would clarify that the permittee is not subject to any adverse action for the accompanying licensed driver's violation of this provision. The bill would also clarify that an accompanying driver who is in actual physical control of the vehicle is subject to laws prohibiting driving under the influence. The bill also would require the accompanying licensed driver to be seated in the front passenger seat. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 12). Re-referred to Com. on APPR.

  6. Coauthors revised.

  7. Re-referred to Com. on TRANS.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  9. Referred to Com. on TRANS.

  10. From printer. May be heard in committee March 20.

  11. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 1000
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Skinner — Yea
Allen, Benjamin Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Dahle, Megan Republican Nay

Official roll call →

AB 863 Aguiar-Curry Assembly Third Reading

Passed 63 Yea · 8 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 45002
Unaffiliated 16202
Republican 2605
Total 63809
% of votes cast 79%10%0%11%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Waldron — Yea
Santiago — Yea
Essayli — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 2100
Republican 0201
Total 11302
% of votes cast 69%19%0%13%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0002
Unaffiliated 3001
Democratic 5000
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Wood — Yea
Friedman — Yea
Mathis — Not Voting
Luz Rivas — Yea
Addis, Dawn Democratic Yea
Muratsuchi, Al Democratic Yea
Pellerin, Gail Democratic Yea
Ward, Christopher M. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Flora, Heath Republican Not Voting
Hoover, Josh Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 8000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
O'Donnell — Yea
Friedman — Yea
Cunningham — Yea
Nazarian — Yea
Daly — Yea
Medina — Yea
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Nguyen, Stephanie Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Davies, Laurie Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 863 do?
Existing law authorizes the Department of Motor Vehicles to issue an instruction permit, as specified. Under existing law, an instruction permit authorizes the permittee to operate a vehicle, as specified, under the immediate supervision of a California-licensed driver who is over the age of 18. Existing law also requires the accompanying licensed driver to occupy a position in the passenger compartment of the vehicle that enables them to provide guidance and assist in controlling the vehicle if necessary. This bill would prohibit the accompanying licensed driver from being under the influence of alcohol or drugs and would make a violation punishable as an infraction. This bill would clarify that the permittee is not subject to any adverse action for the accompanying licensed driver's violation of this provision. The bill would also clarify that an accompanying driver who is in actual physical control of the vehicle is subject to laws prohibiting driving under the influence. The bill also would require the accompanying licensed driver to be seated in the front passenger seat. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 863?
AB 863 is sponsored by Seyarto, Kelly (Republican), Davies, Laurie (Republican), and Fong, Mike (Democratic).
What is the current status of AB 863?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 863?
Track AB 863 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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