Article 5. Identification Cards of California Vehicle Code >> Division 6. >> Chapter 1. >> Article 5.
(a) The department may issue an identification card to any
person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for the identification
card.
(b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen".
(c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
(d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.
(a) The department may refuse to issue or renew an
identification card to any person for any of the following reasons:
(1) The department determines that the person has knowingly used a
false or fictitious name in any application.
(2) The department determines that the person has impersonated
another in making an application.
(3) The department determines that the person has knowingly made a
false statement, knowingly concealed a material fact, or otherwise
committed any fraud on any application.
(b) The department may declare an identification card invalid upon
any of the grounds specified in subdivision (a) as reason to refuse
to reissue or renew an identification card. The holder of an
identification card that has been declared invalid shall surrender
the identification card to the department.
(a) Any federal document demonstrating favorable action by
the federal government for acceptance of a person into the federal
Deferred Action for Childhood Arrivals program shall satisfy the
requirement that the applicant submit satisfactory proof that the
applicant's presence in the United States is authorized under federal
law.
(b) The department may issue an original identification card to
the person who submits proof of presence in the United States as
authorized under federal law pursuant to subdivision (a) and either a
social security account number or ineligibility for a social
security account number.
(a) Except as otherwise provided in subdivision (b), every
identification card shall expire, unless canceled earlier, on the
sixth birthday of the applicant following the date of application for
the identification card. Renewal of any identification card, other
than a senior citizen identification card, shall be made for a term
which shall expire on the sixth birthday of the applicant following
expiration of the identification card renewed, unless surrendered
earlier. Any application for renewal received after 90 days after
expiration of the identification card, including a senior citizen
identification card, shall be considered the same as an application
for an original identification card. The department shall, at the end
of six years and six months after the issuance or renewal of an
identification card, other than a senior citizen identification card,
destroy any record of the card if it has expired and has not been
renewed.
(b) Every senior citizen identification card issued pursuant to
subdivision (b) of Section 13000 shall expire, unless canceled
earlier, on the 10th birthday of the applicant following the date of
application for the identification card. Renewal of any senior
citizen identification card shall be made for a term which shall
expire on the 10th birthday of the applicant following expiration of
the senior citizen identification card renewed, unless surrendered
earlier. The department shall, at the end of 10 years and six months
after the issuance or renewal of a senior citizen identification
card, destroy any record of the card if it has expired and has not
been renewed.
(c) An identification card may be issued to a person in exchange
for the person's driver's license which is surrendered to the
department for either of the following reasons:
(1) The person has a physical or mental condition and requests
cancellation of the driver's license.
(2) The department has revoked the person's driving privilege
based on the person's physical or mental condition.
That card shall be issued without the payment of any additional
fee.
(d) Notwithstanding subdivisions (a) and (b), the department may
adjust the expiration date of any identification card issued pursuant
to this code so that the date does not exceed the expiration date of
a document submitted pursuant to subdivision (a) of Section 12801.5.
(a) The director shall establish by January 1, 2011, a
program that permits the renewal of identification cards by mail or
through the department's Internet Web site.
(b) The initial application for the identification card shall be
pursuant to Section 13000. The first renewal for a person 62 years of
age or older shall be for a 10-year period with a maximum of one
renewal by mail or through the department's Internet Web site. All
other renewals shall be for a six-year period with a maximum of two
renewals by mail or through the department's Internet Web site.
(a) If an identification card issued under this code is
lost, destroyed, mutilated, or a new true full name is acquired, the
person to whom it was issued shall make application for an original
identification card as specified in Section 13000. The fee provided
in Section 14902 shall be paid to the department upon application for
the card. Every identification card issued pursuant to this section
shall expire as provided in Section 13002 and shall be deemed an
original identification card for that purpose.
(b) A person in possession of a valid identification card who has
been informed either by the department or by a law enforcement agency
that the document is mutilated shall surrender the identification
card to the department not later than 10 days after that
notification.
(c) For purposes of this section a mutilated identification card
is one that has been damaged sufficiently to render any or all of the
elements of identity set forth in Sections 13005 and 13005.5
unreadable or unidentifiable through visual, mechanical, or
electronic means.
It is unlawful for any person:
(a) To display or cause or permit to be displayed or have in his
possession any canceled, fictitious, fraudulently altered, or
fraudulently obtained identification card.
(b) To lend his identification card to any other person or
knowingly permit the use thereof by another.
(c) To display or represent any identification card not issued to
him as being his card.
(d) To permit any unlawful use of an identification card issued to
him.
(e) To do any act forbidden or fail to perform any act required by
this article.
(f) To photograph, photostat, duplicate, or in any way reproduce
any identification card or facsimile thereof in such a manner that it
could be mistaken for a valid identification card, or to display or
have in his possession any such photograph, photostat, duplicate,
reproduction, or facsimile unless authorized by the provisions of
this code.
(g) To alter any identification card in any manner not authorized
by this code.
(a) A person shall not manufacture or sell an
identification document of a size and form substantially similar to,
or that purports to confer the same privileges as, the identification
cards issued by the department.
(b) A violation of this section is a misdemeanor punishable as
follows:
(1) The court shall impose a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000),
and 24 hours of community service, to be served when the person is
not employed or is not attending school. No part of the fine or
community service shall be suspended or waived.
(2) In lieu of the penalties imposed under paragraph (1), the
court, in its discretion, may impose a jail term of up to one year
and a fine of up to one thousand dollars ($1,000). In exercising its
discretion the court shall consider the extent of the defendant's
commercial motivation for the offense.
(c) Prosecution under this section shall not preclude prosecution
under any other applicable provision of law.
(a) The identification card shall resemble in appearance, so
far as is practicable, a driver's license issued pursuant to this
code. It shall adequately describe the applicant, bear his or her
picture, and be produced in color or engraved by a process or
processes that prohibit, as near as possible, the ability to alter or
reproduce the identification card, or prohibit the ability to
superimpose a picture or photograph on the identification card
without ready detection.
(b) (1) Upon issuance of a new identification card, or renewal of
an identification card, the department shall provide information on
organ and tissue donation, including a standardized form to be filled
out by an individual who desires to enroll in the California Organ
and Tissue Donor Registry with instructions for mailing the completed
form to the California Organ and Tissue Donor Registrar established
pursuant to subdivision (a) of Section 7150.90 of the Health and
Safety Code.
(2) The enrollment form shall be simple in design and shall be
produced by the department, in cooperation with the California Organ
and Tissue Donor Registrar, and shall require all of the following
information to be supplied by the enrollee:
(A) Date of birth, sex, full name, address, and home telephone
number.
(B) Consent for organs or tissues to be donated for transplant
after death.
(C) Any limitation of the donation to specific organs, tissues, or
research.
(3) The form shall also include a description of the process for
having a name removed from the registry, and the process for donating
money for the benefit of the registry.
(4) The registry enrollment form shall be posted on the Internet
Web sites for the department and the California Health and Human
Services Agency.
(5) The form shall constitute a legal document under the Uniform
Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code).
(6) The registrar shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
(7) Information obtained by the registrar for the purposes of this
subdivision shall be used for these purposes only and shall not
further be disseminated by the registrar.
(c) A contract shall not be awarded to a nongovernmental entity
for the processing of identification cards unless the contract
conforms to all applicable state contracting laws and all applicable
procedures set forth in the State Contracting Manual.
In addition to the requirements of Section 13005, any
identification card issued pursuant to subdivision (b) of Section
13000 shall contain the words "Senior Citizen".
(a) An identification card issued to any person shall bear
a fullface engraved picture or photograph of the person.
(b) Notwithstanding any other provision of law, the department
shall not, unless requested by the applicant, distribute or sell the
applicant's picture or photograph or any information pertaining to
the applicant's physical characteristics to any private individual,
other than the applicant, or to any firm, copartnership, association,
or corporation. This subdivision does not apply to any private
business entity that contracts with the department for the production
of driver's licenses and identification cards, if the contract
prohibits the unauthorized use and disclosure of the information.
No public entity or employee shall be liable for any loss or
injury resulting directly or indirectly from false or inaccurate
information contained in identification cards provided for in this
article.
No public entity or employee shall be liable for any loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the sticker provided pursuant to
subdivision (b) of Section 13005.
Whenever any person after applying for or receiving an
identification card acquires an address different from the address
shown on the identification card issued to him, he shall within 10
days thereafter notify the department of his old and new address. The
department may thereupon take such action as necessary to insure
that the identification card reflects the proper address of the
identification card holder.
Notwithstanding anything to the contrary in this code or
in the regulations adopted thereunder, including specifically the
Driver's License Manual of Procedure, the department may verify the
identity of any person born prior to 1916 who applies for an
identification card, through United States Census records even though
the date and month of birth are not included.
It is unlawful for an applicant to knowingly declare to the
department, in writing, that no birth certificate exists for the
applicant when, in fact, a birth certificate does exist.
When used in reference to an identification card,
"cancellation" means that an identification card is terminated
without prejudice and must be surrendered. Cancellation of card may
be made when a card has been issued through error or when voluntarily
surrendered to the department.