Section 12801.5 Of Article 3. Issuance And Renewal Of Licenses From California Vehicle Code >> Division 6. >> Chapter 1. >> Article 3.
12801.5
. (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.