SB 510: Speed contests and reckless driving: impounded vehicles.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-01
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.
This bill would require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill would clarify that, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.
This bill would instead require a vehicle to be impounded pursuant to these provisions for 30 days, require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill would authorize, clarify that, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.
This bill would instead require a vehicle to be impounded pursuant to these provisions for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill also would prohibit the operation of an impounded vehicle without first correcting any violations if the impounded vehicle is found to be in violation of any mechanical requirements or if mechanical violations are found upon inspection, and would require that the violation be corrected within 30 days of the release of the vehicle from impoundment. A violation of these provisions would be punishable by imprisonment for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. The bill would authorize, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.
This bill would instead require a vehicle to be impounded pursuant to these provisions for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill also would prohibit the operation of an impounded vehicle without first correcting any violations if the impounded vehicle is found to be in violation of any mechanical requirements or if mechanical violations are found upon inspection, and would require that the violation be corrected within 30 days of the release of the vehicle from impoundment. A violation of this provision these provisions would be punishable by imprisonment for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment. By creating a new 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.
This bill would instead require a vehicle to be impounded pursuant to these provisions for 30 days. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill also would prohibit the operation of an impounded vehicle without first correcting any violations if the impounded vehicle is found to be in violation of any mechanical requirements or if mechanical violations are found upon inspection. A violation of this provision would be punishable by imprisonment for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment. By creating a new 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.
This bill would instead require a vehicle to be impounded pursuant to these provisions for 30 days. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill also would prohibit the operation of an impounded vehicle without first correcting any violations found upon inspection. A violation of this provision would be punishable by imprisonment for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment. By creating a new 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a) 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.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c)Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
(d)(1)If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(A)The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B)If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendants family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2)A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
SEC. 2.Section 23109 of the Vehicle Code is amended to read:23109.(a)A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.
(b)A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d)A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1)A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This subdivision does not interfere with the courts power to grant probation in a suitable case.
(2)If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1)If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4)The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment.
(5)This subdivision does not interfere with the courts power to grant probation in a suitable case.
(g)If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h)(1)If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(A)The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B)If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendants family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2)If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522.
(3)A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(i)A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j)If a persons privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that persons drivers license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the persons records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k)The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l)This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 3.Section 23109.2 of the Vehicle Code is amended to read:23109.2.(a)(1)Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.
(2)(A)A motor vehicle speed contest, as described in subdivision (a) of Section 23109.
(B)Reckless driving on a highway, as described in subdivision (a) of Section 23103.
(C)Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.
(D)Exhibition of speed on a highway, as described in subdivision (c) of Section 23109.
(b)The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.
(c)(1)Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
(A)If the vehicle is a stolen vehicle.
(B)If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.
(C)If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a).
(D)If the legal owner or registered owner of the vehicle is a rental car agency.
(E)If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.
(2)A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid drivers license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
(3)If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.
(d)A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(2)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(3)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(e)(1)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(2)Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.
(3)If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.
(4)The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
(5)The vehicle may not be sold prior to the defendants conviction.
(6)The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.
(f)Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a) 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.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c)Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
(d)(1)If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(A)The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B)If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendants family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2)A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
SECTION 1.SEC. 2.Section 23109 of the Vehicle Code is amended to read:23109.(a)A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.
(b)A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d)A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1)A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This subdivision does not interfere with the courts power to grant probation in a suitable case.
(2)If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1)If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4)The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment.
(5)This subdivision does not interfere with the courts power to grant probation in a suitable case.
(g)If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h)(1)If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(A)The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B)If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendants family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2)If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may, may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522.
(3)A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(i)A person who violates subdivision (b), (c), or (d), (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j)If a persons privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that persons drivers license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the persons records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k)The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l)This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 3.Section 23109.2 of the Vehicle Code is amended to read:23109.2.(a)(1)Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.
(2)(A)A motor vehicle speed contest, as described in subdivision (a) of Section 23109.
(B)Reckless driving on a highway, as described in subdivision (a) of Section 23103.
(C)Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.
(D)Exhibition of speed on a highway, as described in subdivision (c) of Section 23109.
(b)The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.
(c)(1)Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
(A)If the vehicle is a stolen vehicle.
(B)If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.
(C)If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a).
(D)If the legal owner or registered owner of the vehicle is a rental car agency.
(E)If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.
(2)A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid drivers license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
(3)If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.
(d)A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(2)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(3)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(e)(1)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(2)Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.
(3)If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.
(4)The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
(5)The vehicle may not be sold prior to the defendants conviction.
(6)The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.
(f)Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109.
SEC. 2.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.
(b)A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d)A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1)A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This subdivision does not interfere with the courts power to grant probation in a suitable case.
(2)If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1)If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4)The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment.
(5)This subdivision does not interfere with the courts power to grant probation in a suitable case.
(g)If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h)(1)If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(A)The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B)If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendants family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2)Except to drive the vehicle to a location to make repairs, a person shall not operate a vehicle that was impounded pursuant to paragraph (1) on any public highway or road if the impounded vehicle was also found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, without first correcting the violation as set forth in Sections 40610 and 40611. The correction shall be made within 30 days of the date the vehicle was released from impoundment.
(2)If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may, issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522.
(3)A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B)The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C)The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(i)A person who violates subdivision (b), (c), or (d), or paragraph (2) of subdivision (h), shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j)If a persons privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that persons drivers license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the persons records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k)The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l)This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.
(b)A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d)A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1)A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This subdivision does not interfere with the courts power to grant probation in a suitable case.
(2)If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1)If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4)The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment.
(5)This subdivision does not interfere with the courts power to grant probation in a suitable case.
(g)If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h)(1)If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(A)The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B)If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendants family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2)A Except to drive the vehicle to a location to make repairs, a person shall not operate a vehicle that was impounded pursuant to paragraph (1) on any public highway or road if the impounded vehicle was also found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, without first correcting the violation as set forth in Sections 40610 and 40611. The correction shall be made within 30 days of the date the vehicle was released from impoundment.
(i)A person who violates subdivision (b), (c), or (d), or paragraph (2) of subdivision (h), shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j)If a persons privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that persons drivers license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the persons records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k)The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l)This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.
(b)A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d)A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1)A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This subdivision does not interfere with the courts power to grant probation in a suitable case.
(2)If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1)If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4)The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment.
(5)This subdivision does not interfere with the courts power to grant probation in a suitable case.
(g)If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h)(1)If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owners expense for 30 days.
(2)A person shall not operate a vehicle impounded pursuant to paragraph (1) on any public highway or road if the impounded vehicle was also found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, without first correcting the violation. violation as set forth in Sections 40610 and 40611.
(i)A person who violates subdivision (b), (c), or (d), or paragraph (2) of subdivision (h), shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j)If a persons privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that persons drivers license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the persons records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k)The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l)This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.
(b)A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d)A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1)A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This subdivision does not interfere with the courts power to grant probation in a suitable case.
(2)If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1)If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3)If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4)The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment.
(5)This subdivision does not interfere with the courts power to grant probation in a suitable case.
(g)If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h)(1)If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may shall be impounded at the registered owners expense for not less than one day nor more than 30 days.
(2)A person shall not operate a vehicle impounded pursuant to paragraph (1) on any public highway or road if the vehicle is inspected pursuant to Section 2806 and found in violation of this code without first correcting the violation.
(i)A person who violates subdivision (b), (c), or (d), or paragraph (2) of subdivision (h), shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j)If a persons privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that persons drivers license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the persons records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k)The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l)This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jul 7, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| Apr 25, 2016 | Last day to consider Governor’s veto pursuant to Joint Rule 58.5. |
| Apr 25, 2016 | Last day to consider Governors veto pursuant to Joint Rule 58.5. |
| Oct 3, 2015 | Vetoed by the Governor. |
| Oct 3, 2015 | In Senate. Consideration of Governor's veto pending. |
| Sep 3, 2015 | Enrolled and presented to the Governor at 10 a.m. |
| Sep 1, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 1, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2378.) Ordered to engrossing and enrolling. |
| Aug 31, 2015 | Ordered to special consent calendar. |
| Aug 27, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2638.) Ordered to the Senate. |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 27, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 20, 2015 | Read second time. Ordered to consent calendar. |
| Aug 19, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19). |
| Jul 15, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (July 13). |
| Feb 26, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 11, 2015 | Referred to Com. on TRANS. |
| May 22, 2015 | Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. |
| May 22, 2015 | Read third time. Passed. (Ayes 39. Noes 0. Page 1067.) Ordered to the Assembly. |
| May 22, 2015 | In Assembly. Read first time. Held at Desk. |
| May 19, 2015 | Read second time. Ordered to third reading. |
| May 18, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 8, 2015 | Set for hearing May 18. |
| May 6, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| May 5, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 823.) (April 28). |
| Apr 17, 2015 | Set for hearing April 28. |
| Apr 16, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 0. Page 620.) (April 14). Re-referred to Com. on PUB. S. |
| Apr 2, 2015 | Set for hearing April 14. |
| Mar 12, 2015 | Referred to Coms. on T. & H. and PUB. S. |
| Feb 27, 2015 | From printer. May be acted upon on or after March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 1, 2015 | Special Consent #9 SB510 Hall | Senate Floor |
Passed |
|
| Aug 27, 2015 | SB 510 Hall Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 19, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| May 22, 2015 | Senate 3rd Reading SB510 Hall | Senate Floor |
Passed |
|
| Apr 28, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 14, 2015 | Do pass, but first be re-referred to the Committee on [Public Safety] | Senate Standing Committee on Transportation and Housing |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association For Los Angeles Deputy Sheriffs | ** Support | May 22, 2015 |
| California Association Of Highway Patrolmen | ** Support | May 22, 2015 |
| California Law Enforcement Association of Records Supervisors, Inc. | ** Support | May 22, 2015 |
| California State Lodge, Fraternal Order of Police | ** Support | May 22, 2015 |
| California State Sheriffs' Association | ** Support | May 22, 2015 |
| Long Beach Police Officers Association | ** Support | May 22, 2015 |
| Los Angeles County Professional Peace Officers Association | ** Support | May 22, 2015 |
| Los Angeles County Sheriff'S Department | ** Support | May 22, 2015 |
| Los Angeles Police Protective League | ** Support | May 22, 2015 |
| Sacramento County Deputy Sheriffs' Association | ** Support | May 22, 2015 |
| Santa Ana Police Officers Association | ** Support | May 22, 2015 |
SB 510
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
SB 510 |
VETO
Bill No: SB 510
Amended: 7/15/15
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 5/22/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
SENATE FLOOR: 40-0, 9/1/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote
SUBJECT: Speed contests and reckless driving: impounded vehicles
SOURCE: Los Angeles County Sheriff’s Department
DIGEST: This bill requires, rather than allows, a vehicle that is determined to have been involved in a speed contest or engaged in reckless driving to be impounded for 30 days.
ANALYSIS:
Existing law:
Defines speed contests as a motor vehicle race against another vehicle, a clock, or other timing device.
Sets the current penalty for conviction of street racing at imprisonment in county jail for between 24 hours and 90 days, or a fine between $355 and $1,000, or both. Violators are required to perform 40 hours of community service. The court can order the suspension of driving privileges between 90 days and six months. These punishments increase for subsequent offenses or in cases where bodily injury to another person has occurred.
States that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for between one and 30 days.
Provides that any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Further specifies that a person who drives any vehicle in any off-street parking facility in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
This bill:
Requires a vehicle to be impounded for 30 days if a person is convicted of engaging in a motor vehicle speed contest or reckless driving, as specified.
Authorizes the court to waive the 30-day impoundment requirement if it is determined that the impoundment of the vehicle will impose an undue hardship upon the registered owner’s family.
Requires, relative to speed contest convictions, a vehicle that is cited for equipment violations to be repaired within 30 days of the date the vehicle is released from impoundment, as specified.
Makes technical conforming changes.
Comments
Purpose of the bill. According to the author and the source, law enforcement has seen a steady rise in illegal street racing over the recent months. When a person is convicted of a crime, they are rarely given back the tools used to commit the crime. However, when a person is convicted of street racing, the tool (vehicle) used to commit the crime is returned to them, sometimes within a few days. Most vehicles used in street racing or sideshows have been illegally modified to enhance performance. These illegal modifications remain on/in the vehicles when returned to the owner. This bill seeks to remedy this deficiency in current law by requiring a longer impound and removal of illegal modifications prior to the vehicle being registered as operable.
Street racing, sideshows, and illegal modifications. The author and source contend that illegal street racing is a growing danger to those behind the wheel, passengers, spectators, and innocent passersby. In addition to the inherent danger of racing, there are reports of assaults and vehicle vandalization in the vicinity of racing activities. Illegal drug use, drunk driving, stolen vehicles, and stolen weapons are also cited by law enforcement when street racing events are broken up.
Increasing in popularity, a “sideshow” involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including “spinning donuts” or the “burning” of tires. Currently, law enforcement has the ability to impound a vehicle engaging in this illegal activity; however, similar to street racing, the owner of the vehicle has the ability to retrieve the vehicle within days of the vehicle being impounded.
From 2010 to 2014, the California Highway Patrol issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway. During the same time period, 3,069 more convictions were handed out for engaging in, aiding, or abetting speed contests in general.
Illegal modifications on cars can include radar jammers, lowered frames, air and hydraulic suspension systems, window tinting, missing bumpers, engine modifications, multicolored headlights, and excessively noisy exhaust systems and mufflers. These modifications are sometimes seen on cars cited for street racing.
Impound. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing is an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle.
The cost to retrieve an impounded vehicle varies by locale. As an example, in the city of Stockton, the approximate total cost for a 30-day impound is $1,860. This includes $175 for the initial cost of towing, $1,500 for outside storage (at a rate of $50 per day), and $100 lien-processing fee. The owner of the vehicle is responsible for the towing, storage, and release fees. If they are unable to pay, their vehicle will be sold to cover the fees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, any costs to local law enforcement agencies, though reimbursable, should be minor and would not likely result in a state mandate claim by any individual entity.
SUPPORT: (Verified 10/20/15)
Los Angeles County Sheriff's Department (source)
AAA Northern California, Nevada, and Utah
Association for Los Angeles Deputy Sheriffs
Automobile Club of Southern California
California Association of Highway Patrolmen
California Law Enforcement Association of Records Supervisors
California State Lodge, Fraternal Order of Police
California State Sheriffs’ Association
Long Beach Police Officers Association
Los Angeles County District Attorney’s Office
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs’ Association
Santa Ana Police Officers Association
OPPOSITION: (Verified 10/20/15)
None received
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 510 without my signature.
This bill requires courts to impose a mandatory 30-day vehicle impoundment for any case of reckless driving or engaging in an illegal speed contest.
Current law already allows judges - who see and evaluate first-hand the facts of each case - to impound cars for up to 30 days when circumstances warrant. Accordingly, there would be no reason for this law except to supplant sound judicial discretion with robotic and abstract justice - something I don't support.
ASSEMBLY FLOOR: 78-0, 8/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins
NO VOTE RECORDED: Frazier, Williams
Prepared by: Erin Riches / T. & H. / (916) 651-4121
11/4/15 13:34:11
**** END ****
SB 510
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
SB 510 |
UNFINISHED BUSINESS
Bill No: SB 510
Amended: 7/15/15
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 5/22/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote
SUBJECT: Speed contests and reckless driving: impounded vehicles
SOURCE: Los Angeles County Sheriff's Department
DIGEST: This bill requires, rather than allows, a vehicle that is determined to have been involved in a speed contest or engaged in reckless driving to be impounded for 30 days.
Assembly Amendments impose the 30-day vehicle impoundment requirement on vehicles involved in illegal reckless driving activities, otherwise known as “sideshows.”
Existing law:
Defines speed contests as a motor vehicle race against another vehicle, a clock, or other timing device.
Sets the current penalty for conviction of street racing at imprisonment in county jail for between 24 hours and 90 days, or a fine between $355 and $1,000, or both. Violators are required to perform 40 hours of community service. The court can order the suspension of driving privileges between 90 days and six months. These punishments increase for subsequent offenses or in cases where bodily injury to another person has occurred.
States that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for between one and 30 days.
Provides that any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Further specifies that a person who drives any vehicle in any off-street parking facility in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
This bill:
Requires a vehicle to be impounded for 30 days if a person is convicted of engaging in a motor vehicle speed contest or reckless driving, as specified.
Authorizes the court to waive the 30-day impoundment requirement if it is determined that the impoundment of the vehicle will impose an undue hardship upon the registered owner’s family.
Requires, relative to speed contest convictions, a vehicle that is cited for equipment violations to be repaired within 30 days of the date the vehicle is released from impoundment, as specified.
Makes technical conforming changes.
Comments
Purpose of the bill. According to the author and the source, law enforcement has seen a steady rise in illegal street racing over the recent months. When a person is convicted of a crime, they are rarely given back the tools used to commit the crime. However, when a person is convicted of street racing, the tool (vehicle) used to commit the crime is returned to them, sometimes within a few days. Most vehicles used in street racing or sideshows have been illegally modified to enhance performance. These illegal modifications remain on/in the vehicles when returned to the owner. This bill seeks to remedy this deficiency in current law by requiring a longer impound and removal of illegal modifications prior to the vehicle being registered as operable.
Street racing, sideshows, and illegal modifications. The author and source contend that illegal street racing is a growing danger to those behind the wheel, passengers, spectators, and innocent passersby. In addition to the inherent danger of racing, there are reports of assaults and vehicle vandalization in the vicinity of racing activities. Illegal drug use, drunk driving, stolen vehicles, and stolen weapons are also cited by law enforcement when street racing events are broken up.
Increasing in popularity, a “sideshow” involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including “spinning donuts” or the “burning” of tires. Currently, law enforcement has the ability to impound a vehicle engaging in this illegal activity; however, similar to street racing, the owner of the vehicle has the ability to retrieve the vehicle within days of the vehicle being impounded.
From 2010 to 2014, the California Highway Patrol issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway. During the same time period, 3,069 more convictions were handed out for engaging in, aiding, or abetting speed contests in general.
Illegal modifications on cars can include radar jammers, lowered frames, air and hydraulic suspension systems, window tinting, missing bumpers, engine modifications, multicolored headlights, and excessively noisy exhaust systems and mufflers. These modifications are sometimes seen on cars cited for street racing.
Impound. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing is an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle.
The cost to retrieve an impounded vehicle varies by locale. As an example, in the city of Stockton, the approximate total cost for a 30-day impound is $1,860. This includes $175 for the initial cost of towing, $1,500 for outside storage (at a rate of $50 per day), and $100 lien-processing fee. The owner of the vehicle is responsible for the towing, storage, and release fees. If they are unable to pay, their vehicle will be sold to cover the fees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, any costs to local law enforcement agencies, though reimbursable, should be minor and would not likely result in a state mandate claim by any individual entity.
Los Angeles County Sheriff's Department (source)
AAA Northern California, Nevada, and Utah
Association for Los Angeles Deputy Sheriffs
Automobile Club of Southern California
California Association of Highway Patrolmen
California Law Enforcement Association of Records Supervisors
California State Lodge, Fraternal Order of Police
California State Sheriffs’ Association
Long Beach Police Officers Association
Los Angeles County District Attorney’s Office
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs’ Association
Santa Ana Police Officers Association
OPPOSITION: (Verified 8/26/15)
None received
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins
NO VOTE RECORDED: Frazier, Williams
Prepared by: Christine Hochmuth / T. & H. / (916) 651-4121
8/29/15 10:24:16
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 510
(Hall) – As Amended July 15, 2015
Policy Committee: |
Transportation |
Vote: |
16 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill:
Requires, rather than authorizes, a vehicle to be impounded for 30 days if a person is convicted of engaging in a motor vehicle speed contest or reckless driving.
Authorizes the court to waive the 30-day impoundment requirement if it is determined that the impoundment of the vehicle will impose an undue hardship upon the registered owner's family.
Requires that a vehicle impounded as the result of a speed contest conviction and cited for equipment violations to be repaired within 30 days of the date the vehicle is released from impoundment, as specified.
FISCAL EFFECT:
Any costs to local law enforcement agencies, though reimbursable, should be minor and would not likely result in a state mandate claim by any individual entity.
COMMENTS:
Purpose. SB 510 aims to reduce the number of illegal street races by requiring a mandatory 30-day vehicle impoundment if a court convicts a driver of participating in such a race. Currently, law enforcement and courts may impound vehicles involved in illegal street racing; however, drivers have the ability to retrieve their vehicles through a variety of methods. Providing a clear, mandatory 30-day vehicle impoundment upon conviction of illegal street racing will eliminate a person's ability to retrieve their vehicle prior to its scheduled release date and payment of penalties. Additionally, this bill requires the convicted driver to remove any illegal modifications within 30 days of the vehicle's release if cited by a law enforcement officer at the time the race occurred.
SB 510 similarly imposes the 30-day vehicle impoundment requirement on vehicles involved in illegal reckless driving activities otherwise known as "sideshows." Increasing in popularity, a "sideshow" involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including "spinning donuts" or the "burning" of tires.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 510
Page 3
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB 510
(Hall) – As Amended July 15, 2015
SENATE VOTE: 39-0
SUBJECT: Speed contests and reckless driving: impounded vehicles.
SUMMARY: Requires, rather than allows, a vehicle that is determined to have been involved in a speed contest or engaged in reckless driving to be impounded for 30 days, as specified. Specifically, this bill:
Requires a vehicle to be impounded for 30 days if a person is convicted of engaging in a motor vehicle speed contest or reckless driving, as specified.
Authorizes the court to waive the 30-day impoundment requirement if it is determined that the impoundment of the vehicle will impose an undue hardship upon the registered owner's family.
Relative to speed contest convictions, requires a vehicle that is cited for equipment violations to be repaired within 30 days of the date the vehicle is released from impoundment, as specified.
Makes technical conforming changes.
EXISTING LAW:
Provides that any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Further specifies that a person who drives any vehicle in any off-street parking facility in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Provides that when a person is arrested for a speed contest, an officer may impound the vehicle for not more than 30 days. Further specifies that the registered and legal owner of the vehicle is required to be provided a hearing regarding the storage of the vehicle and also requires the vehicle to be returned before the conclusion of the impoundment period under the certain circumstances.
Prohibits a person from engaging in any motor vehicle speed contest which includes a motor vehicle race against another vehicle, a clock, or other timing device. Further prohibits a person from aiding or abetting in a seed contest. Specifies the penalty for a speed contest or the exhibition of speed is a misdemeanor.
Provides that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for up to 30 days.
FISCAL EFFECT: Unknown
COMMENTS: The continued popularity of illegal street racing has created a significant public safety issue throughout the state. Operating illegally modified vehicles at high speeds, racers not only place themselves and spectators in harm's way, but many times, innocent motorist are severely or fatally injured when an accident occurs. For example, in February of this year, an illegal street race in Chatsworth resulted in two spectators being killed and one seriously injured when the driver of a Ford Mustang lost control and swerved into the crowd. In April of this year, an illegal street race in San Bernardino resulted in three innocent passengers in a Toyota Corolla being seriously injured when the racer, who was fatally injured, crashed into the vehicle after losing control. Moreover, news reports from the Bay Area have noted that illegal street racing has been increasing in cities – with numerous incidents of illegal racing occurring from Oakland down to San Jose. Traffic data collected by the California Highway Patrol (CHP) show that over a four-year period, CHP has increasingly issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway.
While illegal street racing has become a known problem amongst law enforcement officials, research has found that vehicle impoundments are an effective public safety tool that has also been proven to change driver behavior. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing has been found to be an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle.
Additionally, a study by the National Highway Traffic Safety Administration (NHTSA) that evaluated California's 30-day impoundment requirement for motorists driving with a suspended driver's license found that when drivers had their vehicles impounded, "their subsequent traffic violations and crashes were reduced substantially." Furthermore, a DMV study also found that the 30-day impoundment penalty resulted in an estimated 38% reduction in subsequent crashes and up to a 23% in fewer subsequent convictions when a driver's vehicle was impounded.
SB 510 aims to reduce the number of illegal street races by requiring a mandatory 30-day vehicle impoundment if a court convicts a driver of participating in an illegal street race. Currently, law enforcement and courts can impound a vehicle involved in illegal street racing; however, drivers have the ability to retrieve their vehicle through a variety of methods. Providing a clear, mandatory 30-day vehicle impoundment upon conviction of illegal street racing will eliminate a person's ability to retrieve their vehicle prior to its scheduled release date and payment of penalties. Additionally, SB 510 will require the convicted driver to remove any illegal modifications within 30 days of the vehicle's release if cited by a law enforcement officer at the time the race occurred.
SB 510 also imposes the 30-day vehicle impoundment requirement on vehicles involved in illegal reckless driving activities otherwise known as "sideshows." Increasing in popularity, a "sideshow" involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including "spinning donuts" or the "burning" of tires. Currently law enforcement has the ability to impound a vehicle engaging in this illegal activity, however, similar to street racing, the owner of the vehicle has the ability to retrieve the vehicle within days of the vehicle being impounded.
The author notes that SB 510 will fix a deficiency in current law that allows a person involved in illegal street racing or sideshowing to "gain possession of the illegally modified vehicle in as short as a day without requiring the removal of illegal modifications done to the vehicle for purposes of street racing."
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Sheriff's Department (Sponsor)
California Association of Highway Patrolmen
California Law Enforcement Association of Records Supervisors
California State Lodge, Fraternal Order of Police
California State Sheriffs' Association
Long Beach Police Officers Association
Los Angeles County District Attorney's Office
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
The Association for Los Angeles Deputy Sheriffs
The Los Angeles Police Protective League
The Riverside Sheriffs Association
Opposition
None on file
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093
SB 510
Page 3
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB 510
(Hall) – As Amended July 7, 2015
SENATE VOTE: 39-0
SUBJECT: Speed contests: impounded vehicles
SUMMARY: Requires, rather than allows, a vehicle that is determined to have been involved in a speed contest to be impounded for 30 days, as specified. Specifically, this bill:
Requires a vehicle to be impounded for 30 days if a person is convicted of engaging in a motor vehicle speed contest, as specified.
Authorizes the court to waive the 30-day impoundment requirement if it is determined that the impoundment of the vehicle will impose an undue hardship upon the registered owner's family.
Requires a vehicle that is cited for equipment violations to be repaired within 30 days of the date the vehicle is released from impoundment, as specified.
Makes technical conforming changes.
EXISTING LAW:
Provides that any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Further specifies that a person who drives any vehicle in any off-street parking facility in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Provides that when a person is arrested for a speed contest, an officer may impound the vehicle for not more than 30 days. Further specifies that the registered and legal owner of the vehicle is required to be provided a hearing regarding the storage of the vehicle and also requires the vehicle to be returned before the conclusion of the impoundment period under the certain circumstances.
Prohibits a person from engaging in any motor vehicle speed contest which includes a motor vehicle race against another vehicle, a clock, or other timing device. Further prohibits a person from aiding or abetting in a seed contest. Specifies the penalty for a speed contest or the exhibition of speed is a misdemeanor.
Provides that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for up to 30 days.
FISCAL EFFECT: Unknown
COMMENTS: The continued popularity of illegal street racing has created a significant public safety issue throughout the state. Operating illegally modified vehicles at high speeds, racers not only place themselves and spectators in harm's way, but many times, innocent motorist are severely or fatally injured when an accident occurs. For example, in February of this year, an illegal street race in Chatsworth resulted in two spectators being killed and one seriously injured when the driver of a Ford Mustang lost control and swerved into the crowd. In April of this year, an illegal street race in San Bernardino resulted in three innocent passengers in a Toyota Corolla being seriously injured when the racer, who was fatally injured, crashed into the vehicle after losing control. Moreover, news reports from the Bay Area have noted that illegal street racing has been increasing in cities – with numerous incidents of illegal racing occurring from Oakland down to San Jose. Traffic data collected by the California Highway Patrol (CHP) show that over a four-year period, CHP has increasingly issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway.
While illegal street racing has become a known problem amongst law enforcement officials, research has found that vehicle impoundments are an effective public safety tool that has also been proven to change driver behavior. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing has been found to be an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle.
Additionally, a study by the National Highway Traffic Safety Administration (NHTSA) that evaluated California's 30-day impoundment requirement for motorists driving with a suspended driver's license found that when drivers had their vehicles impounded, "their subsequent traffic violations and crashes were reduced substantially." Furthermore, a DMV study also found that the 30-day impoundment penalty resulted in an estimated 38% reduction in subsequent crashes and up to a 23% in fewer subsequent convictions when a driver's vehicle was impounded.
SB 510 aims to reduce the number of illegal street races by requiring a mandatory 30-day vehicle impoundment if a court convicts a driver of participating in an illegal street race. Currently, law enforcement and courts can impound a vehicle involved in illegal street racing; however, drivers have the ability to retrieve their vehicle through a variety of methods. Providing a clear, mandatory 30-day vehicle impoundment upon conviction of illegal street racing will eliminate a person's ability to retrieve their vehicle prior to its scheduled release date and payment of penalties. Additionally, SB 510 will require the convicted driver to remove any illegal modifications within 30 days of the vehicle's release if cited by a law enforcement officer at the time the race occurred. The author notes that SB 510 will fix a deficiency in current law that allows a person involved in illegal street racing to "gain possession of the illegally modified vehicle in as short as a day without requiring the removal of illegal modifications done to the vehicle for purposes of street racing."
Suggested amendment: While SB 510 addresses vehicles that participate in illegal street racing, the 30-day impoundment requirement should be extended to vehicles involved in illegal reckless driving activities otherwise known as "sideshows." Increasing in popularity, a "sideshow" involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including "spinning donuts" or the "burning" of tires. Currently law enforcement has the ability to impound a vehicle engaging in this illegal activity, however, similar to street racing, the owner of the vehicle has the ability to retrieve the vehicle within days of the vehicle being impounded. The author has indicated that he intends to accept this amendment at the committee hearing.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Sheriff's Department (Sponsor)
California Association of Highway Patrolmen
California Law Enforcement Association of Records Supervisors
California State Lodge, Fraternal Order of Police
California State Sheriffs' Association
Long Beach Police Officers Association
Los Angeles County District Attorney's Office
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
The Association for Los Angeles Deputy Sheriffs
The Los Angeles Police Protective League
The Riverside Sheriffs Association
Opposition
None on file
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093
SB 510
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 510
Amended: 5/6/15
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Speed contests: impounded vehicles
SOURCE: Los Angeles County Sheriff’s Department
DIGEST: This bill increases the penalty for a street racing conviction to a mandatory 30-day impoundment at the owner’s expense and states that a vehicle must be repaired after it is released from impound.
Existing law:
Defines speed contests as a motor vehicle race against another vehicle, a clock, or other timing device.
Sets the current penalty for conviction of street racing at imprisonment in county jail for between 24 hours and 90 days or a fine between $355 and $1,000, or both. Violators are required to perform 40 hours of community service. The court can order the suspension of driving privileges between 90 days and six months. These punishments increase for subsequent offenses or in cases where bodily injury to another person has occurred.
States that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for between one and 30 days.
This bill:
Mandates that when a person is convicted of street racing, and the car used in the violation is registered to the convicted offender, the vehicle will be impounded at the registered owner’s expense for 30 days, unless the court finds that such an action will result in an undue hardship for the family because the vehicle to be impounded is the only means of transportation for other members of the family. The 30-day period must be reduced accordingly if the car was immediately impounded for street racing.
Prohibits a person from operating a vehicle that has been impounded for street racing if the vehicle is inspected and found to be in unsafe condition without first correcting the violation. The only exception is to drive the vehicle to a location to make repairs. The correction must be made within 30 days of the date of release from impoundment.
Creates penalties for people that are convicted of operating a vehicle that has been impounded for street racing and that still has illegal modifications. This penalty would be county jail time of no more than 90 days and/or a fine of no more than $500.
Comments
Purpose of the bill. According to the author and the source, law enforcement has seen a steady rise in illegal street racing over the recent months. When a person is convicted of a crime, they are rarely given back the tools used to commit the crime. However, when a person is convicted of street racing, the tool (vehicle) used to commit the crime is returned to them, sometimes within a few days. Most vehicles used in street racing have been illegally modified to enhance performance for the purpose of street racing. These illegal modifications remain on/in the vehicles when returned to the owner. This bill seeks to remedy this deficiency in current law by requiring a longer impound and removal of illegal modifications prior to the vehicle being registered as operable.
Street racing and illegal modifications. The author and source contend that illegal street racing is a growing danger to those behind the wheel, passengers, spectators, and innocent passersby. In addition to the inherent danger of racing, there are reports of assaults and vehicle vandalization in the vicinity of racing activities. Illegal drug use, drunk driving, stolen vehicles, and stolen weapons are also cited by law enforcement when street racing events are broken up.
From 2010 to 2014, the California Highway Patrol issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway. During the same time period, 3,069 more convictions were handed out for engaging in, aiding, or abetting speed contests in general.
Illegal modifications on cars can include radar jammers, lowered frames, air and hydraulic suspension systems, window tinting, missing bumpers, engine modifications, multicolored headlights, and excessively noisy exhaust systems and mufflers. These modifications are sometimes seen on cars cited for street racing.
Impound. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing is an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle.
The cost to retrieve an impounded vehicle varies by locale. As an example, in the city of Stockton, the approximate total cost for a 30-day impound is $1,860. This includes $175 for the initial cost of towing, $1,500 for outside storage (at a rate of $50 per day), and $100 lien-processing fee. The owner of the vehicle is responsible for the towing, storage, and release fees. If they are unable to pay, their vehicle will be sold to cover the fees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Los Angeles County Sheriff’s Department (source)
Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen
California Law Enforcement Association of Records Supervisors, Inc.
California State Lodge, Fraternal Order of Police
California State Sheriffs’ Association
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Santa Ana Police Officers Association
Sacramento County Deputy Sheriffs’ Association
OPPOSITION: (Verified 5/18/15)
None received
ARGUMENTS IN SUPPORT: Supporters state that this bill takes further steps to ensure safer roads and driving conditions for the public. They believe that highway racing is dangerous and often times lethal. This bill will add additional punishment to the crime and hopefully act as a deterrent.
Prepared by: Christine Hochmuth / T. & H. / (916) 651-4121
5/20/15 9:44:19
**** END ****
SB 510 (Hall ) Page 4 of 4
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 510 Hearing Date: April 28, 2015
Author: |
Hall |
||
Version: |
April 16, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
||
Subject: Speed Contests: Impounded Vehicles
HISTORY
Source: Los Angeles County Sheriff’s Department
Prior Legislation: SB 67 (Perata) - Chapter 727, Stats. 2007
SB 1489 (Perata) - Chapter 411, Stats. 2002
AB 2288 (Aguiar) - Chapter 884, Stats. 1996
SB 833 (Bonta) - Chapter 922, Stats. 1995
AB 5 - Chapter 3, Stats. 1959
Support: The Association for Los Angeles Deputy Sheriffs; California Law Enforcement Association of Records Supervisors, Inc.; The Los Angeles Police Protective League; The Riverside Sheriffs Association
Opposition: None known
PURPOSE
The purpose of this bill is to mandate that a court order the impoundment of a vehicle used in street racing and to clarify that a vehicle must be repaired after it is released from impound.
Existing law provides that any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. A person who drives any vehicle in any off-street parking facility in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (Vehicle Code § 23103.)
Existing law provides that when a person is arrested for a speed contest the officer may impound the vehicle for not more than 30 days. The registered and legal owner of the vehicle shall be provided with a hearing regarding the storage and the vehicle shall be returned before the conclusion of the impoundment period under the following circumstances:
If the vehicle is a stolen vehicle;
If the person alleged to have engaged in the speed contest was not authorized by the registered owner to drive the vehicle at the time of the offense;
If the legal or registered owner is a rental agency;
If the citation is dismissed and criminal charges are not filed.
To the legal owner if the legal owner pays the impoundment fees and presents foreclosure documents. (Vehicle Code § 23109.2.)
Existing law provides that no person shall engage in any motor vehicle speed contest which includes a motor vehicle race against another vehicle, a clock, or other timing device. Existing law also prohibits aiding or abetting in a seed contest. Existing law also prohibits the exhibition of speed in any motor vehicle or the aiding and abetting of the exhibition of speed. The penalty for a speed contest or the exhibition of speed is a misdemeanor punishable as a first offense by 24 hours to 90 days in jail and/or a fine of $355-$1,000 and for a second offense within five years 4 days to six months in jail and a fine of $500-$1,000. (Vehicle Code § 23109 (a).)
Existing law states that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for between one and 30 days. (Vehicle Code §23109 (h).)
This bill changes the “may” to a “shall” and thus provides that the vehicle shall be impounded.
Existing law provides that a person shall not operate a vehicle impounded on any public or road if the vehicle is inspected and found in violation of the code without first correcting the violation. (Vehicle Code § 23109(h)(2).)
This bill also prohibitions operation of the vehicle if the impounded vehicle was found to be in violation of a mechanical requirement of this code without first correction of the violation.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for The Bill
According to the author:
Illegal street racing is a growing danger to those behind the wheel, passengers, spectators and innocent passers-by that may be injured or killed. Reports of innocent people being assaulted and vehicles being vandalized for simply trying to drive around illegal racing activities are on the rise. Illegal drug use, drunk driving, stolen vehicles and stolen weapons are among the offenses that are cited by law enforcement when street racing events are broken up.
Many of the vehicles cited for street racing have undergone thousands of dollars in dangerous and illegal modifications. These modifications include radar jammers, lowered frames, air and hydraulic suspension systems, window tinting, missing bumpers, engine modifications, multicolored headlights, and excessively noisy exhaust systems and mufflers.
Currently, a vehicle used for illegal street racing may be impounded at the expense of the owner form one to 30 days upon conviction. After this time, the vehicle is returned to the owner with the illegal modifications intact. This allows the owner to immediately begin using the vehicle for illegal street racing activities; endangering themselves and innocent passers-by.
This bill seeks to remedy this deficiency in current law by requiring a longer impound, and removal of Illegal modifications for purposes of street racing.
2. Mandatory Impound
Existing law provides that law enforcement may impound for 30 days upon arrest and a court may impound upon conviction of a street contest violation. This bill would provide that the court shall impound a car upon a violation of street racing.
Street racing has been an ongoing issue in some communities in California. The Los Angeles Sheriffs recently worked with the CHP on an operation to stop street racers in South Los Angeles County:
The operation, centered near the intersection of Broadway and Imperial Highway, Unincorporated South Los Angeles, was spearheaded by personnel from Carson Sheriff’s Station. The operation utilized law enforcement personnel from Century, South Los Angeles, Compton, and Lakewood Sheriff’s Stations, officers from the California Highway Patrol and LASD Aero Bureau. The operation included 44 arrests that ranged from warrant arrests to drug related offenses. Unlicensed drivers and those driving on a suspended license were also part of the 209 citations issued, in addition to the 54 vehicles that were towed.
Social media is used to promote the gathering of vehicles to participate in illegal activities and often draws upwards of 300 vehicles and more than 500 spectators. Street racing and cruising is not only a public nuisance, it is highly dangerous. Street racing often results in traffic collisions, injuries and fatalities. (LA Sheriff Press Release dated April 20, 2015)
3. Double Impoundment?
In addition to the court impounding the vehicle, the law allows law enforcement to impound a vehicle up to 30 days at the scene of the violation. This bill would make the court impoundment mandatory. Should the bill be amended to create an exception to the mandatory court impoundment for those cars that have already been impounded under the section allowing law enforcement to impound so that there is not double impoundment of the same vehicle?
4. Family Necessity?
Although it is unusual in cars used in street racing to be the only car in a family, in other cases of impounding car we have given the court to not impound the vehicle if the court finds that it is the sole means of transportation for other members of the family. Should the bill be amended to make it clear that the court has the discretion to not impound the car if it finds that it is the sole means of transportation for other family members?
5. Correction Language
This bill provides that a person shall not drive a vehicle that is impounded until any mechanical or other issues have been corrected. By the time the person is convicted in court and their car impounded, any fix-it tickets should have been corrected since the time frame for correction is usually 30 days (Vehicle Code § 40610) Also the language is unclear that the person must make the corrections after the impound. Should this language be clarified to state that the vehicle shall be corrected, unless it has already been corrected, and that correction shall be filed with the court within 30 days?
-- END –
SB 510 (Hall) Page 4 of 4
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 510 Hearing Date: 4/14/2015
Author: |
Hall |
||
Version: |
2/26/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Christine Hochmuth |
||
SUBJECT: Street racing: impounded vehicles
DIGEST: This bill increases the penalty for a street racing conviction to a mandatory 30-day impoundment at the owner’s expense.
ANALYSIS:
Existing law:
Defines speed contests as a motor vehicle race against another vehicle, a clock, or other timing device.
Sets the current penalty for conviction of street racing at imprisonment in county jail for between 24 hours and 90 days or a fine between $355 and $1,000, or both. Violators are required to perform 40 hours of community service. The court can order the suspension of driving privileges between 90 days and 6 months. These punishments increase for subsequent offenses or in cases where bodily injury to another person has occurred.
States that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner’s expense for between one and 30 days.
This bill:
Mandates that when a person is convicted of street racing, and the car used in the violation is registered to the convicted offender, the vehicle will be impounded at the registered owner’s expense for 30 days.
Prohibits a person from operating a vehicle that has been impounded for street racing if the vehicle is inspected and found to be in unsafe condition without first correcting the violation.
Creates penalties for people that are convicted of operating a vehicle that has been impounded for street racing and that still has illegal modifications. This penalty would be county jail time of no more than 90 days and/or a fine of no more than $500.
COMMENTS:
Purpose of the bill. According to the author and the sponsors, law enforcement has seen a steady rise in illegal street racing over the recent months. When a person is convicted of a crime, they are rarely given back the tools used to commit the crime. However, when a person is convicted of street racing, the tool (vehicle) used to commit the crime is returned to them, sometimes within a few days. Most vehicles used in street racing have been illegally modified to enhance performance for the purpose of street racing. These illegal modifications remain on/in the vehicles when returned to the owner. This bill seeks to remedy this deficiency in current law by requiring a longer impound and removal of illegal modifications prior to the vehicle being registered as operable.
Street racing and illegal modifications. The author and sponsors contend that illegal street racing is a growing danger to those behind the wheel, passengers, spectators, and innocent passersby. In addition to the inherent danger of racing, there are reports of assaults and vehicle vandalization in the vicinity of racing activities. Illegal drug use, drunk driving, stolen vehicles, and stolen weapons are also cited by law enforcement when street racing events are broken up.
From 2010 to 2014, the California Highway Patrol (CHP) issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway. During the same time period, 3,069 more convictions were handed out for engaging in, aiding, or abetting speed contests in general.
Illegal modifications on cars can include radar jammers, lowered frames, air and hydraulic suspension systems, window tinting, missing bumpers, engine modifications, multicolored headlights, and excessively noisy exhaust systems and mufflers. These modifications are sometimes seen on cars cited for street racing.
Impound. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing is an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle.
The cost to retrieve an impounded vehicle varies by locale. As an example, in the city of Stockton, the approximate total cost for a 30-day impound is $1,860. This includes $175 for the initial cost of towing, $1,500 for outside storage (at a rate of $50 per day), and $100 lien-processing fee. The owner of the vehicle is responsible for the towing, storage, and release fees. If they are unable to pay, their vehicle will be sold to cover the fees.
Removal of modifications. This bill creates provisions that would make it a violation for a vehicle impounded for street racing to be driven off the impound lot. Presumably one would need to at least drive their car to a shop in order to have modifications removed. This bill does not make it clear how or when vehicles would be inspected upon release from impound to determine if they can be deemed operable.
The authors are working on amendments that would mandate the registered owner of the vehicle to submit their car to local law enforcement for inspection within 30 days of release from the impound to ascertain that illegal modifications have been removed.
Support for the bill. The California State Sheriffs’ Association states that a mandatory impoundment period should be established given the inherent danger in street racing.
Double referral. The Rules Committee has referred this bill to both this committee and the Public Safety Committee. Therefore, if the bill passes this committee, it will be referred to the Public Safety Committee.
RELATED LEGISLATION:
SB 67 (Perata, Chapter 727, Statutes of 2007) reenacts provisions that were allowed to sunset that provide for vehicle impoundments when a person is arrested for reckless driving, exhibition of speed, or a speed contest.
SB 1489 (Perata, Chapter 411, Statues of 2002) gave law enforcement the authority to seize and impound a vehicle for no more than 30 days when a person was arrested for reckless driving, exhibition of speed, or a speed contest. This bill sunsets on January 1, 2007.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 8, 2015.)
SUPPORT:
Los Angeles County Sheriff’s Department (sponsor)
California State Sheriffs’ Association
OPPOSITION:
None received.
-- END --
Discussed in Hearing
1MIN
Senate Floor
3MIN
Senate Standing Committee on Transportation and Housing
Bill Author
