AB 2227: Vehicles: license suspension and revocation: punishment.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-05-02
Under existing law, it is unlawful for a person, while driving a vehicle with a license suspended or revoked for conviction of a violation of driving under the influence of alcohol or drugs to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. Conviction for a first violation of this provision is punishable by imprisonment in county jail for not less than 10 days or more than 6 months and by a fine of not less than $300 or more than $1,000, or if the offense occurred within 5 years of a prior offense resulting in conviction of, among other things, driving under the influence or reckless driving, the offense is punishable by imprisonment in county jail for not less than 30 days or more than one year and by a fine of not less than $500 or more than $2,000, in each case except if the person has been designated a habitual traffic offender, as specified.
This bill would additionally make it unlawful for a person, while driving a vehicle with a license that has been suspended or revoked for reckless driving resulting in injury to a person other than the driver, as specified, to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. The bill would require a person convicted under these provisions to serve a specified minimum term of imprisonment in the county jail. The bill would make additional conforming changes. By expanding the punishment for an existing crime, this 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.
Under existing law, it is unlawful for a person, while driving a vehicle with a license suspended or revoked for conviction of a violation of driving under the influence of alcohol or drugs to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. Conviction for a first violation of this provision is punishable by imprisonment in county jail for not less than 10 days or more than 6 months and by a fine of not less than $300 or more than $1,000, or if the offense occurred within 5 years of a prior offense resulting in conviction of, among other things, driving under the influence or reckless driving, the offense is punishable by imprisonment in county jail for not less than 30 days or more than one year and by a fine of not less than $500 or more than $2,000, in each case except if the person has been designated a habitual traffic offender, as specified.
This bill would additionally make it unlawful for a person, while driving a vehicle with a license that has been suspended or revoked for reckless driving, driving resulting in injury to a person other than the driver, as specified, to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. The bill would make a violation of this provision or the provision described above pertaining to driving with a license suspended or revoked for driving under the influence of alcohol or drugs punishable as a misdemeanor or as a felony. The bill would require a person convicted under these provisions to serve a specified minimum term of imprisonment in the county jail. The bill would make additional conforming changes. By expanding the punishment for an existing crime and by increasing duties on local prosecutors, crime, this bill would impose a state-mandated local program.
Existing law subjects a vehicle to forfeiture as a nuisance if it is driven on a highway in the state by a driver whose license is suspended or revoked, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment who has a previous misdemeanor conviction for, among other violations, driving under the influence of alcohol or drugs or reckless driving.
This bill would subject those vehicles to forfeiture if the driver has been convicted for a violation of any of those provisions, regardless of whether the conviction was a misdemeanor or felony. This bill would make conforming changes.
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.
Under existing law, it is unlawful for a person, while driving a vehicle with a license suspended or revoked for conviction of a violation of driving under the influence of alcohol or drugs to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. Conviction for a first violation of this provision is punishable by imprisonment in county jail for not less than 10 days or more than 6 months and by a fine of not less than $300 or more than $1,000, or if the offense occurred within 5 years of a prior offense resulting in conviction of, among other things, driving under the influence or reckless driving, the offense is punishable by imprisonment in county jail for not less than 30 days or more than one year and by a fine of not less than $500 or more than $2,000, in each case except if the person has been designated a habitual traffic offender, as specified.
This bill would additionally make it unlawful for a person, while driving a vehicle with a license that has been suspended or revoked for reckless driving, to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. The bill would make a violation of this provision or the provision described above pertaining to driving with a license suspended or revoked for driving under the influence of alcohol or drugs punishable as a misdemeanor or as a felony. By expanding the punishment for an existing crime and by increasing duties on local prosecutors, this bill would impose a state-mandated local program.
Existing law subjects a vehicle to forfeiture as a nuisance if it is driven on a highway in the state by a driver whose license is suspended or revoked, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment who has a previous misdemeanor conviction for, among other violations, driving under the influence of alcohol or drugs or reckless driving.
This bill would subject those vehicles to forfeiture if the driver has been convicted for a violation of any of those provisions, regardless of whether the conviction was a misdemeanor or felony. This bill would make conforming changes.
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.
(a)(1)It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601.2 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(2)
(b)It is unlawful for a person, while driving a vehicle with a license suspended pursuant to a conviction for a violation of Section 23104 or 23105 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(3)
(c)In proving the person neglected a duty imposed by law in the driving of the vehicle, it is not necessary to prove that a specific section of this code was violated.
(b)
(d)A person convicted under this section whose license was suspended or revoked pursuant to Section 14601.2 shall be imprisoned in the county jail and shall not be released upon work release, community service, or other release program before the minimum period of imprisonment, prescribed in Section 14601.2, is served. If a person is convicted of that offense and is granted probation, the court shall require that the person convicted serve at least the minimum time of imprisonment, as specified in that section, as a term or condition of probation.
(c)
(e)A person convicted under this section whose license was suspended pursuant to a conviction for a violation of Section 23104 or 23105 shall be imprisoned in the county jail and shall not be released upon work release, community service, or other release program before the minimum period of imprisonment prescribed in Section 14601 is served. If a person is convicted under this section and is granted probation, the court shall require the person to serve at least the minimum time of imprisonment specified in Section 14601 as a term or condition of probation.
(d)
(f)When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it should be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to other requirements, to install a certified ignition interlock device on a vehicle that the person owns or operates for a period not to exceed three years.
(e)
(g)This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
(f)
(h)Upon receipt of the abstract of a conviction for a person whose license was suspended or revoked pursuant to Section 14601.2 and when the court requires the person to install a certified ignition interlock device pursuant to subdivision (d), (f), the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the Verification of Installation form as described in paragraph (2) of subdivision (h) of Section 13386 or the Judicial Council Form I.D. 100.
(g)
(i)If Section 23573 is applicable, then subdivisions (d) and (f) and (h) are not applicable.
SEC. 2.Section 23573 of the Vehicle Code is amended to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become operative on July 1, 2009.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601.2 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(2)It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601 pursuant to a conviction for a violation of Section 23104 or 23105 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(3)In proving the person neglected a duty imposed by law in the driving of the vehicle, it is not necessary to prove that a specific section of this code was violated.
(b)A violation of this section is punishable as a misdemeanor or as a felony pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c)
(b)A person convicted of a misdemeanor under this section whose license was suspended or revoked pursuant to Section 14601.2 shall be imprisoned in the county jail and shall not be released upon work release, community service, or other release program before the minimum period of imprisonment, prescribed in Section 14601.2, is served. If a person is convicted of that offense and is granted probation, the court shall require that the person convicted serve at least the minimum time of imprisonment, as specified in those sections, that section, as a term or condition of probation.
(c)A person convicted under this section whose license was suspended pursuant to a conviction for a violation of Section 23104 or 23105 shall be imprisoned in the county jail and shall not be released upon work release, community service, or other release program before the minimum period of imprisonment prescribed in Section 14601 is served. If a person is convicted under this section and is granted probation, the court shall require the person to serve at least the minimum time of imprisonment specified in Section 14601 as a term or condition of probation.
(d)When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it should be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to other requirements, to install a certified ignition interlock device on a vehicle that the person owns or operates for a period not to exceed three years.
(e)This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
(f)Upon receipt of the abstract of a conviction for a person whose license was suspended or revoked pursuant to Section 14601.2 and when the court requires the person to install a certified ignition interlock device pursuant to subdivision (d), the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the Verification of Installation form as described in paragraph (2) of subdivision (h) of Section 13386 or the Judicial Council Form I.D. 100.
(g)If Section 23573 is applicable, then subdivisions (d) and (f) are not applicable.
SEC. 2.Section 14607.6 of the Vehicle Code is amended to read:14607.6.(a)Notwithstanding any other provision of law, and except as provided in this section, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in this state by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment and has a previous conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5.
(b)A peace officer shall not stop a vehicle for the sole reason of determining whether the driver is properly licensed.
(c)(1)If a driver is unable to produce a valid drivers license on the demand of a peace officer enforcing the provisions of this code, as required by subdivision (b) of Section 12951, the vehicle shall be impounded regardless of ownership, unless the peace officer is reasonably able, by other means, to verify that the driver is properly licensed. Prior to impounding a vehicle, a peace officer shall attempt to verify the license status of a driver who claims to be properly licensed but is unable to produce the license on demand of the peace officer.
(2)A peace officer shall not impound a vehicle pursuant to this subdivision if the license of the driver expired within the preceding 30 days and the driver would otherwise have been properly licensed.
(3)A peace officer may exercise discretion in a situation where the driver without a valid license is an employee driving a vehicle registered to the employer in the course of employment. A peace officer may also exercise discretion in a situation where the driver without a valid license is the employee of a bona fide business establishment or is a person otherwise controlled by that establishment and it reasonably appears that an owner of the vehicle, or an agent of the owner, relinquished possession of the vehicle to the business establishment solely for servicing or parking of the vehicle or other reasonably similar situations, and when the vehicle was not to be driven except as directly necessary to accomplish that business purpose. In this event, if the vehicle can be returned to or be retrieved by the business establishment or registered owner, the peace officer may release and not impound the vehicle.
(4)A registered or legal owner of record at the time of impoundment may request a hearing to determine the validity of the impoundment pursuant to subdivision (n).
(5)If the driver of a vehicle impounded pursuant to this subdivision was not a registered owner of the vehicle at the time of impoundment, or if the driver of the vehicle was a registered owner of the vehicle at the time of impoundment but the driver does not have a previous conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5, the vehicle shall be released pursuant to this code and is not subject to forfeiture.
(d)(1)This subdivision applies only if the driver of the vehicle is a registered owner of the vehicle at the time of impoundment. Except as provided in paragraph (5) of subdivision (c), if the driver of a vehicle impounded pursuant to subdivision (c) was a registered owner of the vehicle at the time of impoundment, the impounding agency shall authorize release of the vehicle if, within three days of impoundment, the driver of the vehicle at the time of impoundment presents his or her valid drivers license, including a valid temporary California drivers license or permit, to the impounding agency. The vehicle shall then be released to a registered owner of record at the time of impoundment, or an agent of that owner authorized in writing, upon payment of towing and storage charges related to the impoundment, and any administrative charges authorized by Section 22850.5, providing that the person claiming the vehicle is properly licensed and the vehicle is properly registered. A vehicle impounded pursuant to the circumstances described in paragraph (3) of subdivision (c) shall be released to a registered owner whether or not the driver of the vehicle at the time of impoundment presents a valid drivers license.
(2)If there is a community property interest in the vehicle impounded pursuant to subdivision (c), owned at the time of impoundment by a person other than the driver, and the vehicle is the only vehicle available to the drivers immediate family that may be operated with a class C drivers license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements:
(A)The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest.
(B)The registered owner or the community property interest owner submits proof that he or she, or an authorized driver, is properly licensed and that the impounded vehicle is properly registered pursuant to this code.
(C)All towing and storage charges related to the impoundment and any administrative charges authorized pursuant to Section 22850.5 are paid.
(D)The registered owner or the community property interest owner signs a stipulated vehicle release agreement, as described in paragraph (3), in consideration for the nonforfeiture of the vehicle. This requirement applies only if the driver requests release of the vehicle.
(3)A stipulated vehicle release agreement shall provide for the consent of the signator to the automatic future forfeiture and transfer of title to the state of any vehicle registered to that person, if the vehicle is driven by a driver with a suspended or revoked license, or by an unlicensed driver. The agreement shall be in effect for only as long as it is noted on a driving record maintained by the department pursuant to Section 1806.1.
(4)The stipulated vehicle release agreement described in paragraph (3) shall be reported by the impounding agency to the department not later than 10 days after the day the agreement is signed.
(5)No vehicle shall be released pursuant to paragraph (2) if the driving record of a registered owner indicates that a prior stipulated vehicle release agreement was signed by that person.
(e)(1)The impounding agency, in the case of a vehicle that has not been redeemed pursuant to subdivision (d), or that has not been otherwise released, shall promptly ascertain from the department the names and addresses of all legal and registered owners of the vehicle.
(2)The impounding agency, within two days of impoundment, shall send a notice by certified mail, return receipt requested, to all legal and registered owners of the vehicle, at the addresses obtained from the department, informing them that the vehicle is subject to forfeiture and will be sold or otherwise disposed of pursuant to this section. The notice shall also include instructions for filing a claim with the district attorney, and the time limits for filing a claim. The notice shall also inform any legal owner of its right to conduct the sale pursuant to subdivision (g). If a registered owner was personally served at the time of impoundment with a notice containing all the information required to be provided by this paragraph, no further notice is required to be sent to a registered owner. However, a notice shall still be sent to the legal owners of the vehicle, if any. If notice was not sent to the legal owner within two working days, the impounding agency shall not charge the legal owner for more than 15-days impoundment when the legal owner redeems the impounded vehicle.
(3)No processing charges shall be imposed on a legal owner who redeems an impounded vehicle within 15 days of the impoundment of that vehicle. If no claims are filed and served within 15 days after the mailing of the notice in paragraph (2), or if no claims are filed and served within five days of personal service of the notice specified in paragraph (2), when no other mailed notice is required pursuant to paragraph (2), the district attorney shall prepare a written declaration of forfeiture of the vehicle to the state. A written declaration of forfeiture signed by the district attorney under this subdivision shall be deemed to provide good and sufficient title to the forfeited vehicle. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to paragraph (2). A claim that is filed and is later withdrawn by the claimant shall be deemed not to have been filed.
(4)If a claim is timely filed and served, then the district attorney shall file a petition of forfeiture with the appropriate juvenile or superior court within 10 days of the receipt of the claim. The district attorney shall establish an expedited hearing date in accordance with instructions from the court, and the court shall hear the matter without delay. The court filing fee of one hundred dollars ($100) shall be paid by the claimant, but shall be reimbursed by the impounding agency if the claimant prevails. To the extent practicable, the civil and criminal cases shall be heard at the same time in an expedited, consolidated proceeding. A proceeding in the civil case is a limited civil case.
(5)The burden of proof in the civil case shall be on the prosecuting agency, by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant of an offense which made the vehicle subject to forfeiture. The filing of a claim within the time limits specified in paragraph (3) is considered a jurisdictional prerequisite for the availing of the action authorized by that paragraph.
(6)All right, title, and interest in the vehicle shall vest in the state upon commission of the act giving rise to the forfeiture.
(7)The filing fee in paragraph (4) shall be distributed as follows:
(A)To the county law library fund as provided in Section 6320 of the Business and Professions Code, the amount specified in Sections 6321 and 6322.1 of the Business and Professions Code.
(B)To the Trial Court Trust Fund, the remainder of the fee.
(f)Any vehicle impounded that is not redeemed pursuant to subdivision (d) and is subsequently forfeited pursuant to this section shall be sold once an order of forfeiture is issued by the district attorney of the county of the impounding agency or a court, as the case may be, pursuant to subdivision (e).
(g)Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the forfeited vehicle if the legal owner or agent notifies the agency impounding the vehicle of its intent to conduct the sale within 15 days of the mailing of the notice pursuant to subdivision (e). Sale of the vehicle after forfeiture pursuant to this subdivision may be conducted at the time, in the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in subdivision (i). A notice pursuant to this subdivision may be presented in person, by certified mail, by facsimile transmission, or by electronic mail.
(h)If the legal owner or agent of the owner does not notify the agency impounding the vehicle of its intent to conduct the sale as provided in subdivision (g), the agency shall offer the forfeited vehicle for sale at public auction within 60 days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to subdivision (k).
(i)The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:
(1)To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to subdivision (e), the costs of sale, and the unfunded costs of judicial proceedings, if any.
(2)To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, including accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment.
(3)To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to this paragraph.
(4)To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed.
(5)Of the remaining proceeds, funds shall be made available to pay any local agency and court costs, that are reasonably related to the implementation of this section, that remain unsatisfied.
(6)Of the remaining proceeds, half shall be transferred to the Controller for deposit in the Vehicle Inspection and Repair Fund for the high-polluter repair assistance and removal program created by Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of Division 26 of the Health and Safety Code, and half shall be transferred to the general fund of the city or county of the impounding agency, or the city or county where the impoundment occurred. A portion of the local funds may be used to establish a reward fund for persons coming forward with information leading to the arrest and conviction of hit-and-run drivers and to publicize the availability of the reward fund.
(j)The person conducting the sale shall disburse the proceeds of the sale as provided in subdivision (i) and shall provide a written accounting regarding the disposition to the impounding agency and, on request, to any person entitled to or claiming a share of the proceeds, within 15 days after the sale is conducted.
(k)If the vehicle to be sold pursuant to this section is not of the type that can readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to an eleemosynary institution. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this subdivision.
(l)No vehicle shall be sold pursuant to this section if the impounding agency determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current and the registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.
(m)Any owner of a vehicle who suffers any loss due to the impoundment or forfeiture of any vehicle pursuant to this section may recover the amount of the loss from the unlicensed, suspended, or revoked driver. If possession of a vehicle has been tendered to a business establishment in good faith, and an unlicensed driver employed or otherwise directed by the business establishment is the cause of the impoundment of the vehicle, a registered owner of the impounded vehicle may recover damages for the loss of use of the vehicle from the business establishment.
(n)(1)The impounding agency, if requested to do so not later than 10 days after the date the vehicle was impounded, shall provide the opportunity for a poststorage hearing to determine the validity of the storage to the persons who were the registered and legal owners of the vehicle at the time of impoundment, except that the hearing shall be requested within three days after the date the vehicle was impounded if personal service was provided to a registered owner pursuant to paragraph (2) of subdivision (e) and no mailed notice is required.
(2)The poststorage hearing shall be conducted not later than two days after the date it was requested. The impounding agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. Failure of either the registered or legal owner to request a hearing as provided in paragraph (1) or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.
(3)The agency employing the person who directed the storage is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment had a valid drivers license.
(o)As used in this section, days means workdays not including weekends and holidays.
(p)Charges for towing and storage for any vehicle impounded pursuant to this section shall not exceed the normal towing and storage rates for other vehicle towing and storage conducted by the impounding agency in the normal course of business.
(q)The Judicial Council and the Department of Justice may prescribe standard forms and procedures for implementation of this section to be used by all jurisdictions throughout the state.
(r)The impounding agency may act as the agent of the state in carrying out this section.
(s)No vehicle shall be impounded pursuant to this section if the driver has a valid license but the license is for a class of vehicle other than the vehicle operated by the driver.
(t)This section does not apply to vehicles subject to Sections 14608 and 14609, if there has been compliance with the procedures in those sections.
(u)As used in this section, district attorney includes a city attorney charged with the duty of prosecuting misdemeanor offenses.
(v)The agent of a legal owner acting pursuant to subdivision (g) shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
SEC. 3.Section 14607.8 of the Vehicle Code is amended to read:14607.8.Upon a first conviction of a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5, the court shall inform the defendant that, pursuant to Section 14607.6, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in this state by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle and has a previous conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, or 14601.3, paragraph (2) of subdivision (a) of Section 14601.4, or Section 14601.5.
SEC. 4.SEC. 2.Section 23573 of the Vehicle Code is amended to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become operative on July 1, 2009.
SEC. 5.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601.2 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. In
(2)It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(3)In proving the person neglected a duty imposed by law in the driving of the vehicle, it is not necessary to prove that a specific section of this code was violated.
(b)A violation of this section is punishable as a misdemeanor or as a felony pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b)
(c)A person convicted of a misdemeanor under this section whose license was suspended or revoked pursuant to Section 14601.2 shall be imprisoned in the county jail and shall not be released upon work release, community service, or other release program before the minimum period of imprisonment, prescribed in Section 14601.2, is served. If a person is convicted of that offense and is granted probation, the court shall require that the person convicted serve at least the minimum time of imprisonment, as specified in those sections, as a term or condition of probation.
(c)
(d)When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it should be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to other requirements, to install a certified ignition interlock device on a vehicle that the person owns or operates for a period not to exceed three years.
(d)
(e)This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
(e)
(f)Upon receipt of the abstract of a conviction under this section, for a person whose license was suspended or revoked pursuant to Section 14601.2 and when the court requires the person to install a certified ignition interlock device pursuant to subdivision (d), the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the Verification of Installation form as described in paragraph (2) of subdivision (g) (h) of Section 13386 or the Judicial Council Form I.D. 100.
(f)
(g)If Section 23573 is applicable, then subdivisions (c) (d) and (e) (f) are not applicable.
SEC. 2.Section 14607.6 of the Vehicle Code is amended to read:14607.6.(a)Notwithstanding any other provision of law, and except as provided in this section, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in this state by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment and has a previous misdemeanor conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5.
(b)A peace officer shall not stop a vehicle for the sole reason of determining whether the driver is properly licensed.
(c)(1)If a driver is unable to produce a valid drivers license on the demand of a peace officer enforcing the provisions of this code, as required by subdivision (b) of Section 12951, the vehicle shall be impounded regardless of ownership, unless the peace officer is reasonably able, by other means, to verify that the driver is properly licensed. Prior to impounding a vehicle, a peace officer shall attempt to verify the license status of a driver who claims to be properly licensed but is unable to produce the license on demand of the peace officer.
(2)A peace officer shall not impound a vehicle pursuant to this subdivision if the license of the driver expired within the preceding 30 days and the driver would otherwise have been properly licensed.
(3)A peace officer may exercise discretion in a situation where the driver without a valid license is an employee driving a vehicle registered to the employer in the course of employment. A peace officer may also exercise discretion in a situation where the driver without a valid license is the employee of a bona fide business establishment or is a person otherwise controlled by such an that establishment and it reasonably appears that an owner of the vehicle, or an agent of the owner, relinquished possession of the vehicle to the business establishment solely for servicing or parking of the vehicle or other reasonably similar situations, and where when the vehicle was not to be driven except as directly necessary to accomplish that business purpose. In this event, if the vehicle can be returned to or be retrieved by the business establishment or registered owner, the peace officer may release and not impound the vehicle.
(4)A registered or legal owner of record at the time of impoundment may request a hearing to determine the validity of the impoundment pursuant to subdivision (n).
(5)If the driver of a vehicle impounded pursuant to this subdivision was not a registered owner of the vehicle at the time of impoundment, or if the driver of the vehicle was a registered owner of the vehicle at the time of impoundment but the driver does not have a previous conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5, the vehicle shall be released pursuant to this code and is not subject to forfeiture.
(d)(1)This subdivision applies only if the driver of the vehicle is a registered owner of the vehicle at the time of impoundment. Except as provided in paragraph (5) of subdivision (c), if the driver of a vehicle impounded pursuant to subdivision (c) was a registered owner of the vehicle at the time of impoundment, the impounding agency shall authorize release of the vehicle if, within three days of impoundment, the driver of the vehicle at the time of impoundment presents his or her valid drivers license, including a valid temporary California drivers license or permit, to the impounding agency. The vehicle shall then be released to a registered owner of record at the time of impoundment, or an agent of that owner authorized in writing, upon payment of towing and storage charges related to the impoundment, and any administrative charges authorized by Section 22850.5, providing that the person claiming the vehicle is properly licensed and the vehicle is properly registered. A vehicle impounded pursuant to the circumstances described in paragraph (3) of subdivision (c) shall be released to a registered owner whether or not the driver of the vehicle at the time of impoundment presents a valid drivers license.
(2)If there is a community property interest in the vehicle impounded pursuant to subdivision (c), owned at the time of impoundment by a person other than the driver, and the vehicle is the only vehicle available to the drivers immediate family that may be operated with a class C drivers license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements:
(A)The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest.
(B)The registered owner or the community property interest owner submits proof that he or she, or an authorized driver, is properly licensed and that the impounded vehicle is properly registered pursuant to this code.
(C)All towing and storage charges related to the impoundment and any administrative charges authorized pursuant to Section 22850.5 are paid.
(D)The registered owner or the community property interest owner signs a stipulated vehicle release agreement, as described in paragraph (3), in consideration for the nonforfeiture of the vehicle. This requirement applies only if the driver requests release of the vehicle.
(3)A stipulated vehicle release agreement shall provide for the consent of the signator to the automatic future forfeiture and transfer of title to the state of any vehicle registered to that person, if the vehicle is driven by a driver with a suspended or revoked license, or by an unlicensed driver. The agreement shall be in effect for only as long as it is noted on a driving record maintained by the department pursuant to Section 1806.1.
(4)The stipulated vehicle release agreement described in paragraph (3) shall be reported by the impounding agency to the department not later than 10 days after the day the agreement is signed.
(5)No vehicle shall be released pursuant to paragraph (2) if the driving record of a registered owner indicates that a prior stipulated vehicle release agreement was signed by that person.
(e)(1)The impounding agency, in the case of a vehicle that has not been redeemed pursuant to subdivision (d), or that has not been otherwise released, shall promptly ascertain from the department the names and addresses of all legal and registered owners of the vehicle.
(2)The impounding agency, within two days of impoundment, shall send a notice by certified mail, return receipt requested, to all legal and registered owners of the vehicle, at the addresses obtained from the department, informing them that the vehicle is subject to forfeiture and will be sold or otherwise disposed of pursuant to this section. The notice shall also include instructions for filing a claim with the district attorney, and the time limits for filing a claim. The notice shall also inform any legal owner of its right to conduct the sale pursuant to subdivision (g). If a registered owner was personally served at the time of impoundment with a notice containing all the information required to be provided by this paragraph, no further notice is required to be sent to a registered owner. However, a notice shall still be sent to the legal owners of the vehicle, if any. If notice was not sent to the legal owner within two working days, the impounding agency shall not charge the legal owner for more than 15-days impoundment when the legal owner redeems the impounded vehicle.
(3)No processing charges shall be imposed on a legal owner who redeems an impounded vehicle within 15 days of the impoundment of that vehicle. If no claims are filed and served within 15 days after the mailing of the notice in paragraph (2), or if no claims are filed and served within five days of personal service of the notice specified in paragraph (2), when no other mailed notice is required pursuant to paragraph (2), the district attorney shall prepare a written declaration of forfeiture of the vehicle to the state. A written declaration of forfeiture signed by the district attorney under this subdivision shall be deemed to provide good and sufficient title to the forfeited vehicle. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to paragraph (2). A claim that is filed and is later withdrawn by the claimant shall be deemed not to have been filed.
(4)If a claim is timely filed and served, then the district attorney shall file a petition of forfeiture with the appropriate juvenile or superior court within 10 days of the receipt of the claim. The district attorney shall establish an expedited hearing date in accordance with instructions from the court, and the court shall hear the matter without delay. The court filing fee of one hundred dollars ($100) shall be paid by the claimant, but shall be reimbursed by the impounding agency if the claimant prevails. To the extent practicable, the civil and criminal cases shall be heard at the same time in an expedited, consolidated proceeding. A proceeding in the civil case is a limited civil case.
(5)The burden of proof in the civil case shall be on the prosecuting agency, by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant of an offense which made the vehicle subject to forfeiture. The filing of a claim within the time limits specified in paragraph (3) is considered a jurisdictional prerequisite for the availing of the action authorized by that paragraph.
(6)All right, title, and interest in the vehicle shall vest in the state upon commission of the act giving rise to the forfeiture.
(7)The filing fee in paragraph (4) shall be distributed as follows:
(A)To the county law library fund as provided in Section 6320 of the Business and Professions Code, the amount specified in Sections 6321 and 6322.1 of the Business and Professions Code.
(B)To the Trial Court Trust Fund, the remainder of the fee.
(f)Any vehicle impounded that is not redeemed pursuant to subdivision (d) and is subsequently forfeited pursuant to this section shall be sold once an order of forfeiture is issued by the district attorney of the county of the impounding agency or a court, as the case may be, pursuant to subdivision (e).
(g)Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the forfeited vehicle if the legal owner or agent notifies the agency impounding the vehicle of its intent to conduct the sale within 15 days of the mailing of the notice pursuant to subdivision (e). Sale of the vehicle after forfeiture pursuant to this subdivision may be conducted at the time, in the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in subdivision (i). A notice pursuant to this subdivision may be presented in person, by certified mail, by facsimile transmission, or by electronic mail.
(h)If the legal owner or agent of the owner does not notify the agency impounding the vehicle of its intent to conduct the sale as provided in subdivision (g), the agency shall offer the forfeited vehicle for sale at public auction within 60 days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to subdivision (k).
(i)The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:
(1)To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to subdivision (e), the costs of sale, and the unfunded costs of judicial proceedings, if any.
(2)To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, including accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment.
(3)To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to this paragraph.
(4)To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed.
(5)Of the remaining proceeds, funds shall be made available to pay any local agency and court costs, that are reasonably related to the implementation of this section, that remain unsatisfied.
(6)Of the remaining proceeds, half shall be transferred to the Controller for deposit in the Vehicle Inspection and Repair Fund for the high-polluter repair assistance and removal program created by Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of Division 26 of the Health and Safety Code, and half shall be transferred to the general fund of the city or county of the impounding agency, or the city or county where the impoundment occurred. A portion of the local funds may be used to establish a reward fund for persons coming forward with information leading to the arrest and conviction of hit-and-run drivers and to publicize the availability of the reward fund.
(j)The person conducting the sale shall disburse the proceeds of the sale as provided in subdivision (i) and shall provide a written accounting regarding the disposition to the impounding agency and, on request, to any person entitled to or claiming a share of the proceeds, within 15 days after the sale is conducted.
(k)If the vehicle to be sold pursuant to this section is not of the type that can readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to an eleemosynary institution. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this subdivision.
(l)No vehicle shall be sold pursuant to this section if the impounding agency determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current and the registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.
(m)Any owner of a vehicle who suffers any loss due to the impoundment or forfeiture of any vehicle pursuant to this section may recover the amount of the loss from the unlicensed, suspended, or revoked driver. If possession of a vehicle has been tendered to a business establishment in good faith, and an unlicensed driver employed or otherwise directed by the business establishment is the cause of the impoundment of the vehicle, a registered owner of the impounded vehicle may recover damages for the loss of use of the vehicle from the business establishment.
(n)(1)The impounding agency, if requested to do so not later than 10 days after the date the vehicle was impounded, shall provide the opportunity for a poststorage hearing to determine the validity of the storage to the persons who were the registered and legal owners of the vehicle at the time of impoundment, except that the hearing shall be requested within three days after the date the vehicle was impounded if personal service was provided to a registered owner pursuant to paragraph (2) of subdivision (e) and no mailed notice is required.
(2)The poststorage hearing shall be conducted not later than two days after the date it was requested. The impounding agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. Failure of either the registered or legal owner to request a hearing as provided in paragraph (1) or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.
(3)The agency employing the person who directed the storage is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment had a valid drivers license.
(o)As used in this section, days means workdays not including weekends and holidays.
(p)Charges for towing and storage for any vehicle impounded pursuant to this section shall not exceed the normal towing and storage rates for other vehicle towing and storage conducted by the impounding agency in the normal course of business.
(q)The Judicial Council and the Department of Justice may prescribe standard forms and procedures for implementation of this section to be used by all jurisdictions throughout the state.
(r)The impounding agency may act as the agent of the state in carrying out this section.
(s)No vehicle shall be impounded pursuant to this section if the driver has a valid license but the license is for a class of vehicle other than the vehicle operated by the driver.
(t)This section does not apply to vehicles subject to Sections 14608 and 14609, if there has been compliance with the procedures in those sections.
(u)As used in this section, district attorney includes a city attorney charged with the duty of prosecuting misdemeanor offenses.
(v)The agent of a legal owner acting pursuant to subdivision (g) shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
SEC. 3.Section 14607.8 of the Vehicle Code is amended to read:14607.8.Upon a first misdemeanor conviction of a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5, the court shall inform the defendant that, pursuant to Section 14607.6, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in this state by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle and has a previous misdemeanor conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, or 14601.3, paragraph (2) of subdivision (a) of Section 14601.4, or Section 14601.5.
SEC. 4.Section 23573 of the Vehicle Code is amended to read:23573.(a)The Department of Motor Vehicles, upon receipt of the courts abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b)The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid drivers license.
(c)A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1)Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2)Notify the department and provide to the department proof of installation by submitting the Verification of Installation form described in paragraph (2) of subdivision (g) of Section 13386.
(3)Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d)The department shall place a restriction on the drivers license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.
(e)(1)A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).
(g)(1)A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A)Within 30 days of the notification, the person certifies to the department all of the following:
(i)The person does not own a vehicle.
(ii)The person does not have access to a vehicle at his or her residence.
(iii)The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv)The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with an operating ignition interlock device and that he or she is required to have a valid drivers license before he or she can drive.
(v)The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B)The persons drivers license record has been restricted pursuant to subdivision (d).
(C)The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of an ignition interlock device.
(2)A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h)This section does not permit a person to drive without a valid drivers license.
(i)A person who is required under subdivision (c) to install an ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j)In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year.
(2)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.
(3)Upon a conviction of a violation of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, paragraph (1) of subdivision (a) of Section 14601.4, or Section 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.
(k)The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person he or she is required to install a certified ignition interlock device.
(l)Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section.
(m)The requirements of this section are in addition to any other requirements of law.
(n)This section shall become operative on July 1, 2009.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Feb 18, 2016 | Read first time. To print. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
| Mar 3, 2016 | Referred to Coms. on PUB. S. and TRANS. |
| Apr 4, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on TRANS. (Ayes 7. Noes 0.) (March 29). |
| Apr 5, 2016 | Read second time and amended. |
| Apr 6, 2016 | Re-referred to Com. on TRANS. |
| Apr 19, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| May 2, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| May 3, 2016 | Re-referred to Com. on APPR. |
| May 18, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | In committee: Held under submission. |
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Date
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Description
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Location
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Votes
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| Apr 18, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
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| Mar 29, 2016 | Do pass as amended and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Police Chiefs Association | * Support | Apr 18, 2016 |
| PUB. S. | ** Against | Mar 29, 2016 |
Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2227
Author:(Waldron) – As Amended Ver:May 2, 2016
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Transportation | 15 - 0 | ||
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill modifies the penalties for a person who causes bodily injury to another person while driving a motor vehicle with a license suspended or revoked for specified non-driving-under-the-influence (DUI)-related reckless driving offenses. Specifically, this bill:
- Makes it unlawful for a person driving a motor vehicle with a license suspended or revoked for specified non-DUI-related reckless driving offenses to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle which causes bodily injury to a person other than the driver.
- Specifies that an offense of the above is punishable with the same minimum periods of imprisonment as if the person was convicted of driving on a license suspended or revoked for non-DUI-related reckless driving.
FISCAL EFFECT:
Cost to the DMV will exceed $1 million (MVA) for programming. This bill will require an update of a new violation code section to the DMV database allowing courts to report the new section electronically to DMV.
COMMENTS:
- Purpose. The author intends to strengthen and broaden existing provisions for penalties for a person driving a vehicle with a suspended or revoked license who causes bodily injury to another person in a collision.
- Background. Current law prohibits a person from driving a motor vehicle at any time when that person’s driving privilege is suspended or revoked for specified non-DUI-related reckless driving offenses, if the person had knowledge of the suspension or revocation. A first offense is punishable by imprisonment in county jail for at least 5 days but less than 6 months and a fine of at least $300 but not more than $1,000. A subsequent offense within 5 years of the first offense is punishable by imprisonment in county jail for at least 10 days but less than 1 year and a fine of at least $500 but less than $2,000.
AB 2227 requires a person with a license suspended for specified reckless driving offenses who commits an act or neglects a duty that results in someone else sustaining bodily injury to serve the minimum sentence associated with their initial driving-on-a-suspended-license offense before being released on a release program or on probation. Currently, the minimum sentence for driving on a license suspended for a non-DUI offense is 5 days for a first offense and 10 days for a subsequent offense.
The Assembly Transportation Committee analysis made the following observation: “A person cannot drive on a license suspended for a non-DUI offense and cause another person bodily injury (already a separate, distinct crime) without also simply driving on a license suspended for a non-DUI offense, injury or no injury (also already a separate, distinct crime). Although it may make sense to ensure a minimum punishment exists for offenders of that first crime, there is no conceivable scenario wherein a person could be charged with committing the first crime (driving on a suspended license and causing injury) but not be able to also be charged with the second crime (driving on a suspended license), which would have the exact same minimum penalty.”
It is not clear what this bill will accomplish.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 2227 (
Author:Waldron) – As Amended Ver:April 5, 2016
SUBJECT: Vehicles: license suspension and revocation: punishment
SUMMARY: Modifies the penalties for a person who causes bodily injury to another person while driving a motor vehicle with a license suspended or revoked for specified non-driving-under-the-influence (DUI)-related reckless driving offenses. Specifically, this bill:
- Makes it unlawful for a person driving a motor vehicle with a license suspended or revoked for specified non-DUI-related reckless driving offenses to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle which causes bodily injury to a person other than the driver.
- Specifies that an offense of the above is punishable with the same minimum periods of imprisonment as if the person was convicted of driving on a license suspended or revoked for non-DUI-related reckless driving.
- Makes other conforming changes to existing law.
EXISTING LAW:
- Provides that a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
- Authorizes a court or the Department of Motor Vehicles to revoke or suspend a person’s driving privilege under certain circumstances.
- Prohibits a person from driving a motor vehicle at any time when that person’s driving privilege is suspended or revoked for specified non-DUI-related reckless driving offenses, if the person had knowledge of the suspension or revocation. A first offense is punishable by imprisonment in county jail for at least 5 days but less than 6 months and a fine of at least $300 but not more than $1,000. A subsequent offense within 5 years of the first offense is punishable by imprisonment in county jail for at least 10 days but less than 1 year and a fine of at least $500 but less than $2,000.
- Prohibits a person from driving a motor vehicle at any time when that person’s driving privilege is suspended or revoked for specified DUI offenses, if the person had knowledge of the suspension or revocation. A first offense is punishable by imprisonment in county jail for at least 10 days but less than 6 months and a fine of at least $300 but not more than $1,000. A subsequent offense within 5 years of the first offense is punishable by imprisonment in county jail by at least 30 days but less than 1 year and a fine of at least $500 but less than $2,000; prohibits a person driving a motor vehicle with a license suspended or revoked for the above specified DUI driving offenses from doing an act or neglecting a duty imposed by law in the driving of the vehicle which proximately causes bodily injury to a person other than the driver. Requires a person convicted for this offense to be imprisoned in county jail and not be released upon work release, community service, or other release program before the minimum period of imprisonment specified in the above DUI-related reckless driving prohibition is served. Further requires that a person convicted of this offense who is granted probation serve at least the minimum time of imprisonment specified as a term or condition of probation.
FISCAL EFFECT: Unknown
COMMENTS: Under existing law, a person can have their driving privilege revoked or suspended for reckless driving or for DUI offenses. If a person drives on a license suspended for a DUI-related conviction, that person is subject to a set of penalties, including a minimum of 10 days in jail for a first offense and 30 days for a subsequent offense. If that person commits an act or neglects a duty that results in someone else sustaining bodily injury, the driver must serve the minimum sentence associated with the initial driving-on-a-suspended-license offense before being released on a release program or on probation (10 days, in this instance).
AB 2227 would similarly require a person with a license suspended for specified reckless driving offenses who commits an act or neglects a duty that results in someone else sustaining bodily injury to serve the minimum sentence associated with their initial driving-on-a-suspended-license offense before being released on a release program or on probation. Currently, the minimum sentence for driving on a license suspended for a non-DUI offense is 5 days for a first offense and 10 days for a subsequent offense.
The author intends to strengthen and broaden existing provisions for penalties for a person driving a vehicle with a suspended or revoked license who causes bodily injury to another person in a collision, based on the Fatality Analysis Reporting System study conducted by the United States Department of Transportation that found one in five fatal crashes involves a driver who is unlicensed or whose license is suspended, canceled, or revoked. An updated study conducted in 2012 collected state-wide data from 2008-12, and found that fatal crashes caused by invalid licensed drivers in California amounted to 716 out of the total 2,857 crashes during that period.
Committee concerns: It is unclear what, if anything, this bill would achieve. Under existing law, a person who is convicted of driving on a license suspended for a DUI offense would serve the same minimum sentence as a person who drives on a license suspended for the same offense but causes another person bodily injury. Although the nature of the latter offense is clearly more serious, the minimum penalties are the same. A person cannot commit the latter offense without also committing the former, by simple nature of the offense(s).
The same principle applies to this bill. A person cannot drive on a license suspended for a non-DUI offense and cause another person bodily injury (already a separate, distinct crime) without also simply driving on a license suspended for a non-DUI offense, injury or no injury (also already a separate, distinct crime). Although it may make sense to ensure a minimum punishment exists for offenders of that first crime, there is no conceivable scenario wherein a person could be charged with committing the first crime (driving on a suspended license and causing injury) but not be able to also be charged with the second crime (driving on a suspended license), which would have the exact same minimum penalty.
This bill would not adjust the maximum penalties for any of the crimes outlined above in any way, but would only set the minimum penalties for some crimes as equal to crimes that a person would already be able to be charged with. The practical outcome of this adjustment appears to be miniscule.
Double referral: This bill passed out of the Assembly Public Safety Committee on March 29, 2016, with a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs Association
Opposition
None on file
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093
Date of Hearing:
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2227
Author:(Waldron) – As Introduced Ver:February 18, 2016
As Proposed to be Amended in Committee
SUMMARY:
Makes it a misdemeanor when an individual drives with a license suspended or revoked for specified reckless driving offenses, and causes bodily injury to a person other than the driver, as specified. Specifically, this bill:
- Makes it a misdemeanor to drive with a license suspended or revoked for reckless driving causing injury, as specified, and to proximately cause bodily injury to a person other than the driver, when engaging in an act forbidden by law, or neglecting a duty imposed by law in the driving of the vehicle.
- Specifies that such a crime is punishable with the same minimum periods of imprisonment as if the person was convicted of driving on a license suspended for conviction of reckless driving causing injury. A five day minimum county jail imprisonment on a first offense; and a 10 day minimum county jail imprisonment if the offense occurs within five years of specified prior convictions.
- Conforms other sections of the Vehicle Code.
EXISTING LAW:
- States that it is unlawful for a person, while driving a vehicle with a license suspended or revoked for a conviction of a DUI to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. (Veh. Code, § 14601.4, subd. (a).)
- Specifies that a person convicted of the conduct specified above, shall not be released upon work release, community service, or other release program before the minimum period of imprisonment, as specified (10 or 30 days), is served. (Veh. Code, § 14601.4, subd. (b).)
- States that when the prosecution agrees to a plea to the conduct specified above, or as a substitute for such conduct, except in the interest of justice, when the court finds it should be inappropriate, the court shall require the person convicted to install a certified ignition interlock device on a vehicle that the person owns or operates for a period not to exceed three years. (Veh. Code, § 14601.4, subd. (c).)
- Prohibits a person from driving a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in other sections related to driving on a suspended license for non-alcohol related reasons if the person so driving has knowledge of the suspension or revocation. (Veh. Code, § 14601.1, subd. (a).)
- States that "knowledge" of driving on a suspended license shall be conclusively presumed if mailed notice has been given by the DMV to the person pursuant to existing law. The presumption established by this subdivision is a presumption affecting the burden of proof. (Veh. Code, § 14601.1, subd. (a).)
- Provides any person convicted under this section shall be punished as follows:
- Upon a first conviction, by imprisonment in the county jail for not more than six months; by a fine of not less than $300 or more than $1,000; or by both that fine and imprisonment; or (Veh. Code, § 14601.1, subd. (b)(1).)
- If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Vehicle Code Section 14601, 14601.2, or 14601.5, by imprisonment in the county jail for not less than five days or more than one year and by a fine of not less than $500 or more than $2,000. (Veh. Code, § 14601.1, subd. (b)(2).)
- Upon a first conviction, by imprisonment in the county jail for not more than six months; by a fine of not less than $300 or more than $1,000; or by both that fine and imprisonment; or (Veh. Code, § 14601.1, subd. (b)(1).)
- Allows an otherwise prohibited person from driving a motor vehicle which is owned or utilized by the person's employer during the course of employment on private property which is owned or utilized by the employer except an off-street parking facility as defined in existing law. (Veh. Code, § 14601.1, subd. (c).)
- States when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of driving on a suspended license when the suspension is based on a DUI, and the court accepts that plea, except, in specified circumstances, the court shall require the person convicted, in addition to any other requirements, to install a certified Ignition Interlock Device (IID) on any vehicle that the person owns or operates for a period not to exceed three years. (Veh. Code, § 14601.1, subd. (d).)
- Prohibits a person from driving a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a DUI violation if the person so driving has knowledge of the suspension or revocation. (Veh. Code, § 14601.2(d).)
- States any person convicted of a violation of this section shall be punished as follows:
- Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than $300 or more than $1,000 unless the person has been designated an habitual traffic offender; in which case, the person, in addition, shall be sentenced pursuant to laws relating to habitual traffic offenders. (Veh. Code, § 14601.2, subd. (d)(1).)
- If the offense occurred within five years of a prior offense that resulted in a DUI conviction when the offense is not based on a DUI, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than $500 or more than $2,000 unless the person has been designated a habitual traffic offender and sentenced pursuant to that law. (Veh. Code, § 14601.2, subd. (d)(1).)
- Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than $300 or more than $1,000 unless the person has been designated an habitual traffic offender; in which case, the person, in addition, shall be sentenced pursuant to laws relating to habitual traffic offenders. (Veh. Code, § 14601.2, subd. (d)(1).)
- Specifies that if a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days. (Veh. Code, § 14601.2, subd. (e).)
- Provides if the offense occurred within five years of a prior offense that resulted in a conviction of driving on a suspended license, as specified, and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days. (Veh. Code, § 14601.2, subd. (f).)
- Provides if any person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of driving on a suspended license, as specified, and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days. (Veh. Code, § 14601.2, subd. (e).)
- Specifies that it is a misdemeanor to drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for specified reckless driving offenses or because of a determination as a negligent operator, as specified, if the person so driving has knowledge of the suspension or revocation. (Veh. Code, § 14601, subd. (a).)
- States that a person convicted for such a misdemeanor shall be punished as follows:
- Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars or more than one thousand dollars; (Veh. Code, § 14601, subd. (b)(1).)
- If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section, or other specified suspended license offenses, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars or more than two thousand dollars; or (Veh. Code, § 14601, subd. (b)(2).)
- If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section, or other specified suspended license offenses, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days. (Veh. Code, § 14601, subd. (b)(3).)
- Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars or more than one thousand dollars; (Veh. Code, § 14601, subd. (b)(1).)
- Allows a peace officer to impound a vehicle for 30 days when the peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked. (Veh. Code, § 14602.6, subd. (a)(1).)
- Specifies that a vehicle is subject to forfeiture if it is driven by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment and has a previous conviction for specified offenses of driving on a suspended license. (Veh. Code, § 14607.6.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "AB 2227 will strengthen and broaden existing provisions for penalties for a person driving a vehicle with a suspended or revoked license who causes bodily injury to another person in a collision.
“The Fatality Analysis Reporting System (FARS) study conducted by the U.S. Department of Transportation found that one in five fatal crashes involves a driver who is unlicensed or whose license is suspended, canceled, or revoked. An updated study conducted in 2012 collected state-wide data from 2008-2012, and found that fatal crashes by invalid licensed drivers in California amounted to 716 out of the total 2,857 crashes during that period.
“Currently, California’s driving on a suspended license offense is a misdemeanor crime that subjects offenders to possible county jail time and substantial fines. This crime is treated differently depending on why a license was suspended or revoked in the first place. Despite the law, two-thirds of offenders still continue to drive while under suspension.
“This bill makes causing bodily harm to a person while driving with a suspended or revoked license for reckless driving a misdemeanor. This bill is important for public safety as these dangerous drivers should not be on the road.” - Unlicensed Drivers and Fatal Accidents: In 2011, AAA released a study of data and made the following findings: From years 2007 through 2009, 12.8% of all drivers involved in fatal crashes—approximately one of every eight—lacked a valid driver’s license. Nearly one in five fatal crashes (18.2%) over this period involved an unlicensed or invalidly licensed driver. These crashes resulted in 21,049 deaths. (Unlicensed to Kill, AAA, November, 2011, pp. 13.)
The same AAA study examined the data regarding likelihood of an invalidly licensed driver to leaving the scene of an accident. The study found that most unlicensed and invalidly licensed drivers involved in fatal crashes did not leave the scene of the crash. However, invalidly licensed drivers were much more likely than validly licensed drivers to have left the scene. Among drivers with reasonable opportunity to leave the scene, drivers with an expired, cancelled, or denied license were 6.4 times as likely to flee, drivers with a suspended or revoked license were 8.3 times as likely to flee, and unlicensed drivers were 9.4 times as likely to flee, compared to validly licensed drivers. (Unlicensed to Kill, AAA, November, 2011, pp. 13-14.) - Impoundment or Forfeiture of Vehicle if Driver has a Suspended License: Individuals driving on a suspended license face impoundment or forfeiture of their vehicle in addition to the consequences directly related to criminal charges. Under existing law, a person driving on a suspended license can have their vehicle impounded for 30 days, or even forfeited if the driver has a prior conviction for driving on a suspended license.
The following Vehicle Code Sections allow for impoundment and forfeiture, respectively:
Allows a peace officer to impound a vehicle for 30 days when the peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked. (Veh. Code, § 14602.6, subd. (a)(1).)
Specifies that a vehicle is subject to forfeiture if it is driven by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment and has a previous conviction for specified offenses of driving on a suspended license. (Veh. Code, § 14607.6.) - As Proposed to be Amended in Committee: Proposed amendments to be taken in committee make it a misdemeanor to drive with a license suspended for specified reckless driving offenses and cause bodily injury to a person other than the driver, as specified. Proposed amendments delete language raising the maximum penalty from misdemeanor to felony.
- Argument in Support: According to The California Police Chiefs Association, “Under existing law, it is unlawful for a person, while driving a vehicle with a license suspended or revoked for conviction of a violation of driving under the influence of alcohol or drugs to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
“AB 2227 provides a more substantial consequence for suspended drivers that continue to drive and cause an injury.” - Argument in Opposition: According to The California Public Defenders Association, “This bill would expand section 14601.4 by making it applicable to the act of causing bodily injury while driving in violation of 14601, as well as while driving in violation of 14601.2. More importantly, this bill would change this misdemeanor offense into a wobbler.
“Driving under the influence is a dangerous act, and individuals who injure people by driving while impaired should be punished. Driving while your license is suspended is criminal only by operation of law, but it is not inherently dangerous. If a former drunk driver or a former reckless driver drives and causes injury to another by acts that are not drunken or reckless, then(s) he is being punished for a status offense; that is, the status of having his license suspended. The acts (s)he commits while driving that lead to the injury of another need not be even criminal, and if committed by another without a suspended license may be treated as a mere traffic accident or a civil tort action. His or her culpability is not sufficiently increased to justify a felony penalty.
“Not only is the penalty disproportionate to the crime, but the penalty causes the additional unnecessary expenses to the state that are inherent in felony prosecution and felony imprisonment. New felonies and the severe costs they incur should not be created unless the crimes created involve high “malum in se” culpability and present a severe public safety threat. This bill is an unnecessary overreach and cannot justify the costs it would require.” - Prior Legislation:
- AB 430 (Benoit), Chapter 682, Statutes of 2007, made cross-referencing amendments to various Vehicle Code sections to reflect changes made to reckless driving and engaging in a motor vehicle speed contest that proximately causes great bodily injury.
- AB 486 (Parra), of 2003-2004 Legislative Session, would have increased penalties for specified offenses for driving with a suspended license. AB 486 was held in Assembly Appropriations Committee.
- AB 430 (Benoit), Chapter 682, Statutes of 2007, made cross-referencing amendments to various Vehicle Code sections to reflect changes made to reckless driving and engaging in a motor vehicle speed contest that proximately causes great bodily injury.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs
Opposition
California Public Defenders Association
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
Discussed in Hearing
4MIN
Assembly Standing Committee on Transportation
4MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):