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2017 SESSION

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HB 1878 Suspension of license; person legally adjudged incompetent.

Introduced by: Brenda L. Pogge | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Suspension of license of person legally adjudged incapacitated and not competent to drive; notice to DMV Commissioner. Clarifies the roles of the courts and the Commissioner of the Department of Motor Vehicles with regard to persons previously legally adjudged incapacitated and not competent to drive or whose license has been suspended following discharge from a facility operated or licensed by the Department of Behavioral Health and Developmental Services. The bill provides that under all such circumstances, the Department reserves the right to examine any licensed driver, any person applying for a driver's license or renewal thereof, or any person whose license has been suspended or revoked to determine his fitness to drive a motor vehicle with safety to persons and property. The bill contains an emergency clause.

SUMMARY AS INTRODUCED:

Suspension of license of person legally adjudged incompetent; notice to DMV Commissioner. Removes the requirement that, upon notice, the Commissioner of the Department of Motor Vehicles must suspend the license of a person who has been legally adjudged to be incapacitated if on the basis of medical evidence in the court order the court has specifically permitted such person the right to drive. Current law requires such suspension regardless of a court order permitting a person deemed incapacitated the right to drive. The bill provides that if the court order specifically permits the person adjudged incapacitated to drive, the court shall not send a certified copy or abstract of such adjudication to the Commissioner.