Existing law makes it a crime to operate any vessel, as defined, while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. Existing law authorizes a peace officer to remove and seize a motor vehicle upon arresting a person for committing specified crimes using that motor vehicle. Existing law prohibits impounding that motor vehicle for more than 30 days, as specified.

This bill would authorize a court to order the impoundment of a vessel, as defined, for a period of not less than one nor more than 30 days, if the registered owner is convicted of a specified crime involving the operation of a vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug and the conduct resulted in the unlawful killing of a person. The bill would authorize a court to consider certain factors in the interest of justice when determining whether a vessel used in the commission of such a crime shall be impounded pursuant to those provisions.

Existing law makes it a crime to operate any vessel, as defined, while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. Existing law authorizes a peace officer to remove and seize a motor vehicle upon arresting a person for committing specified crimes using that motor vehicle. Existing law prohibits impounding that motor vehicle for more than 30 days, requires the registered and legal owner of the vehicle be provided the opportunity for a storage hearing, as specified, and requires the impounding agency to release the motor vehicle to the registered owner before the conclusion of the impoundment period under certain circumstances. Existing law makes the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified, and makes the impounding agency responsible for the actual costs incurred by the towing agency if the registered owner is absolved of liability for those charges, as specified.

This bill would authorize a court to cause the removal and seizure of a vessel if a person is convicted of a specified crime involving the operation of the vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug, and the conduct resulted in the unlawful killing of a person. The bill would prohibit impounding the vessel for more than 30 days. The bill would require that the registered and legal owner of the vessel be provided the opportunity for a storage hearing, as specified, and would require the impounding agency to release the vessel to the registered owner before the conclusion of the impoundment period under certain circumstances. The bill would make the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified. order the impoundment of a vessel, as defined, for a period of not less than one nor more than 30 days, if the registered owner is convicted of a specified crime involving the operation of a vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug and the conduct resulted in the unlawful killing of a person. The bill would authorize a court to consider certain factors in the interest of justice when determining whether a vessel used in the commission of such a crime shall be impounded pursuant to those provisions.

Existing law makes it a crime to operate any vessel, as defined, while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. Existing law authorizes a peace officer to remove and seize a motor vehicle upon arresting a person for committing specified crimes using that motor vehicle. Existing law prohibits impounding that motor vehicle for more than 30 days, requires the registered and legal owner of the vehicle be provided the opportunity for a storage hearing, as specified, and requires the impounding agency to release the motor vehicle to the registered owner before the conclusion of the impoundment period under certain circumstances. Existing law makes the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified, and makes the impounding agency responsible for the actual costs incurred by the towing agency if the registered owner is absolved of liability for those charges, as specified.

This bill would authorize a peace officer to remove and seize court to cause the removal and seizure of a vessel upon arresting a person for operating the vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug, if his or her operation of the vessel resulted in the unlawful killing of a person. The bill would prohibit impounding if a person is convicted of a specified crime involving the operation of the vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug, and the conduct resulted in the unlawful killing of a person. The bill would prohibit impounding the vessel for more than 30 days, days. The bill would require that the registered and legal owner of the vessel be provided the opportunity for a storage hearing, as specified, and would require the impounding agency to release the vessel to the registered owner before the conclusion of the impoundment period under certain circumstances. The bill would make the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified, and would make the impounding agency responsible for the actual costs incurred by the towing agency if the registered owner is absolved of liability for those charges, as specified.

Existing law makes it a crime to operate any vessel, as defined, while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. Existing law authorizes a peace officer to remove and seize a motor vehicle upon arresting a person for committing specified crimes using that motor vehicle. Existing law prohibits impounding that motor vehicle for more than 30 days, requires the registered and legal owner of the vehicle be provided the opportunity for a storage hearing, as specified, and requires the impounding agency to release the motor vehicle to the registered owner before the conclusion of the impoundment period under certain circumstances. Existing law makes the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified, and makes the impounding agency responsible for the actual costs incurred by the towing agency if the registered owner is absolved of liability for those charges, as specified.

This bill would authorize a peace officer to remove and seize a vessel upon arresting a person for operating the vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug, if his or her operation of the vessel resulted in the unlawful killing of a person. The bill would prohibit impounding the vessel for more than 30 days, require the registered and legal owner of the vessel be provided the opportunity for a storage hearing, as specified, and require the impounding agency to release the vessel to the registered owner before the conclusion of the impoundment period under certain circumstances. The bill would make the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified, and would make the impounding agency responsible for the actual costs incurred by the towing agency if the registered owner is absolved of liability for those charges, as specified.

 VETO  

Bill No: SB 644

Author:

:

Vote: 7

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 37-0, 5/22/17

AYES: Allen, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Anderson, Fuller, Pan

SENATE FLOOR: 39-0, 7/10/17

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Stern

ASSEMBLY FLOOR: 74-0, 7/6/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes a court to impound, for up to 30 days, a boat (vessel) used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. However, this bill allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.

ANALYSIS:

Existing law:

1. Provides that a motor vehicle used by the registered owner in a driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Veh. Code § 23594, subd. (a).)
2. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Veh. Code § 23594, subd. (a).)
3. Specifies that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 90 days. (Veh. Code § 23594, subd. (a).)
4. Prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Nav. Code, § 655, subd. (b).)
5. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Nav. Code, § 655, subd. (c),)
6. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Nav. Code, § 655, subd. (d).)

This bill:

1. States that a vessel that has been used in the commission of a violation of BUI for which the owner was convicted and where the conduct resulted in the unlawful killing of a person, is subject to impoundment.
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
3. Allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.
4. Defines “vessel” for purposes of this bill as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”

Background

Existing law criminalizes the operation of cars and boats when under the influence of alcohol, drugs, or the combined effect of alcohol and drugs. Existing law allows for the impoundment of a vehicle upon the conviction of a DUI. (Veh. Code, § 23594.) However, existing law does not have provisions providing for impound of a boat or vessel used in connection with BUI.

This bill allows a court to impound, for up to 30 days, a boat used in a violation of BUI if the owner is convicted and the conduct resulted in the unlawful killing of a person. The boat may be impounded for period of up to 30 days and the owner would be financially responsible for the costs of the impound.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, this bill has no fiscal impact.

SUPPORT: (Verified 7/21/17)

None received

OPPOSITION: (Verified 7/21/17)

None received

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 644 without my signature.

This bill authorizes a court to impound a boat for up to 30 days in boating under the influence cases if the owner is convicted and the conduct resulted in the unlawful killing of a person.

Boating under the influence is a very troubling crime which exposes the public to grave danger. However, especially in cases where this conduct resulted in an unlawful killing, a defendant will be exposed to very serious criminal and civil liability, including potentially years in prison depending on the circumstances. I do not see the need, in these tragic but narrow instances, to additionally expand the powers of government to impound private property as an added punitive measure.

Because this bill will not act as a deterrent, and existing criminal and civil penalties are sufficient to address the conduct contemplated, I am returning this measure without my signature.

ASSEMBLY FLOOR: 74-0, 7/6/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bocanegra, Calderon, Dababneh, Gray, Lackey, McCarty

Prepared by:

1/2/18 9:48:04

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 644

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 37-0, 5/22/17

AYES: Allen, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Anderson, Fuller, Pan

ASSEMBLY FLOOR: 74-0, 7/6/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes a court to impound, for up to 30 days, a boat (vessel) used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. However, this bill allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.

Assembly Amendments make technical changes to conform the process for impounding a vessel pursuant to this bill to the process for impounding a vehicle after conviction on a driving under the influence (DUI) charge and define “vessel” for purposes of this bill.

ANALYSIS:

Existing law:

1. Provides that a motor vehicle used by the registered owner in a DUI conviction may be impounded for one to 30 days upon conviction. (Veh. Code § 23594, subd. (a).)
2. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Veh. Code § 23594, subd. (a).)
3. Specifies that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 90 days. (Veh. Code § 23594, subd. (a).)
4. Prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Nav. Code, § 655, subd. (b).)
5. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Nav. Code, § 655, subd. (c),)
6. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Nav. Code, § 655, subd. (d).)

This bill:

1. States that a vessel that has been used in the commission of a violation of BUI for which the owner was convicted and where the conduct resulted in the unlawful killing of a person, is subject to impoundment.
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
3. Allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.
4. Defines “vessel” for purposes of this bill as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”

Background

Existing law criminalizes the operation of cars and boats when under the influence of alcohol, drugs, or the combined effect of alcohol and drugs. Existing law allows for the impoundment of a vehicle upon the conviction of a DUI. (Veh. Code, § 23594.) However, existing law does not have provisions providing for impound of a boat or vessel used in connection with BUI.

This bill allows a court to impound, for up to 30 days, a boat used in a violation of BUI if the owner is convicted and the conduct resulted in the unlawful killing of a person. The boat may be impounded for period of up to 30 days and the owner would be financially responsible for the costs of the impound.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, this bill has no fiscal impact.

SUPPORT: (Verified 7/6/17)

None received

OPPOSITION: (Verified 7/6/17)

None received

ASSEMBLY FLOOR: 74-0, 7/6/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bocanegra, Calderon, Dababneh, Gray, Lackey, McCarty

Prepared by: Mary Kennedy / PUB. S. /

7/7/17 12:39:25

**** END ****

Date of Hearing: June 28, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 644

Author:(Stone) – As Amended Ver:June 15, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes a court to impound, for up to 30 days, a boat (vessel) used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. However, this bill allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.

FISCAL EFFECT:

No fiscal impact.

COMMENTS:

Background and Purpose. Current law criminalizes the operation of cars and boats when under the influence of alcohol, drugs, or the combined effect of alcohol and drugs. Also, current law allows for the impoundment of a vehicle upon the conviction of driving under the influence (DUI). However, existing law does not have provisions providing for the impound of a boat or vessel used in connection with boating under the influence.

SB 644 allows a court to impound a boat used in a violation of a BUI if the owner is convicted and the conduct resulted in the unlawful killing of a person. The boat may be impounded for period of up to 30 days and the owner will be financially responsible for the costs of the impound. Effectively the vessel will be subject to the same seizure and impound rules as a vehicle used in a DUI.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: June 13, 2017

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 644

Author:(Stone) – As Amended Ver:April 18, 2017

As Proposed to be Amended in Committee

SUMMARY: Allows a court to impound, for up to 30 days, a boat (vessel) used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. Specifically, this bill:

1. States that a vessel that has been used in the commission of a violation of BUI for which the owner was convicted and where the conduct resulted in the unlawful killing of a person, is subject to impoundment.
   
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
   
3. Allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.
   
4. Defines “vessel” for purposes of this bill as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”

EXISTING LAW:

1. Provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Veh. Code § 23594, subd. (a).)
2. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Veh. Code § 23594, subd. (a).)
3. Specifies that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 90 days. (Veh. Code § 23594, subd. (a).)
4. Prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Nav. Code, § 655, subd. (b).)
5. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Nav. Code, § 655, subd. (c),)
6. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Nav. Code, § 655, subd. (d).)
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "SB 644 was introduced in response to a tragic accident that occurred to a constituent in Senate District 28. The constituent noticed that when someone is arrested for Driving Under the Influence (DUI), the vehicle is subject to impound rules that include having the vehicle sold after 30 days. But the rules are less clear for a vessel used in a Boating Under the Influence (BUI). SB 644 states that, if a vessel is used in the commission of a BUI crime that involves the unlawful killing of a person, the vessel will be subject to the same seizure and impound rules as a vehicle used in a DUI.”
   
2. This Bill Allows Impoundment of Vessels Operated in the Course of Specified Crimes of BUI, Upon Conviction: Existing law criminalizes the operation of cars and boats when under the influence of alcohol, drugs, or the combined effect of alcohol and drugs. Existing law allows for the impoundment of a vehicle upon the conviction of a DUI. (Veh. Code, § 23594.) However, existing law does not have provisions providing for impound a boat or vessel used in connection with boating under the influence.
   

This bill would allow a court to impound, for up to 30 days, a boat used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. The boat may be impounded for period of up to 30 days and the owner would be financially responsible for the costs of the impound.

1. Proposed Amendments to be Adopted in Committee: The proposed amendments conform the process for impounding a vessel pursuant to this bill to the process for impounding a vehicle after conviction on a DUI charge and define “vessel” for purposes of this bill.
   
2. Argument in Support: According to the Riverside Sheriffs’ Association, “As the author points out, SB 644 was introduced in response to a tragic accident that occurred to a constituent in Riverside County.
   
   “The constituent noticed that when someone is arrested for Driving Under the influence (DUI), the vehicle is subject to impound rules that include having the vehicle sold after 30 days. But the rules are less clear for a vessel used in a Boating Under the Influence (BUI). SB 644 states that, if a vessel is used in the commission of a BUI crime that involves the unlawful killing of a person, the vessel will be subject to the same seizure and impound rules as a vehicle used in a DUI.
   
   “SB 644 seeks to improve public safety by clarifying the sanctions applicable in BUI cases.”
   
3. Prior Legislation:
   
   1. AB 1829 (Levine), Chapter 68, Statutes of 2016, conformed advisement provisions of the Penal Code related to boating under the influence, to existing provisions in the Penal Code and Harbors and Navigation Code.
      
   2. AB 539 (Levine), Chapter 118, Statutes of 2015, authorized the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs.
      
   3. SB 717 (DeSaulnier), Chapter 317, Statutes of 2013, authorized the issuance of a search warrant to allow a blood draw to be taken from a person in a reasonable, medically approved manner as evidence that the person has violated specified provisions relating to driving under the influence, and the person has refused a peace officer's request to submit to, or failed to complete a blood test.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Riverside Sheriffs’ Association

Opposition

None

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 644

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST: This bill provides for the impounding of a vessel if a person is convicted of boating under the influence (BUI) and the conduct resulted in the unlawful killing of a person.

ANALYSIS:

Existing law:

1. Provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Vehicle Code § 23594(a))
2. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))
3. Provides that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))
4. Prohibits a person from operating a vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Navigation Code, § 655 (b))
5. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (c))
6. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (d))

This bill provides that if a person is convicted of a BUI and the conduct resulted in the killing of a person the court may order the impound of the vessel for not more than 30 days.

Comments

According to the author:

SB 644 was introduced in response to a tragic accident that occurred to a constituent on Senate District 28. The constituent noticed that when someone is arrested for Driving Under the Influence (DUI), the vehicle is subject to impound rules that include having the vehicle sold after 30 days. But the rules are less clear for a vessel used in a Boating Under the Influence (BUI). SB 644 states that, if a vessel is used in the commission of a BUI crime that involves the unlawful killing of a person, the vessel will be subject to the same seizure and impound rules as a vehicle used in a DUI.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/1/17)

None received

OPPOSITION: (Verified 5/1/17)

American Civil Liberties Union

Prepared by:

5/3/17 14:40:35

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 644 Hearing Date: March 28, 2017

Subject: Vessels: Forfeiture

HISTORY

Source: Debbie Bresslin, Consituent

Prior Legislation: AB 1829 (Levine) – Chapter 68, Stats. 2016

AB 538 (Levine) – Chapter 118, Stats. 2015

SB 717 (DeSaulnier) – Chapter 317, Stats. 2013

Support: American Civil Liberties Union of California

Opposition: None known

PURPOSE

The purpose of this bill is to provide for the impounding of a vessel if a person is boating under the influence (BUI) and the conduct resulted in the unlawful killing of a person.

Existing law provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Vehicle Code § 23594(a))

Existing law provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))

Existing law provides that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))

Existing law prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Navigation Code, § 655 (b))

Existing law prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (c))

Existing law prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (d))

This bill provides that if a peace officer determines that a person is BUI and the conduct resulted in the unlawful killing of a person, the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the vessel used in that offense.

This bill provides that the vessel may be impounded for not more than 30 days.

This bill would allow the registered and legal owner of a vessel removed and seized or their agents the opportunity for a storage hearing to determine the validity of the storage.

This bill would allow for the return of the vessel to the registered owner: if the vessel was stolen; if the person was not authorized by the registered owner to drive the vessel; if the registered owner was neither the operator or passenger at the time of the violation; if the legal owner is a rental agency; or, if the prior to the conclusion of the impound charges have not been filed.

This bill provides that if the vessel is released prior to the impound date then the registered owner is not responsible for the towing and storage charges.

This bill provides that the vessel shall be released to the legal owner: if the legal owner is a vessel dealer, bank, credit union, acceptance corporation or other licensed financial institution or another person holding a security interest in the property; the legal owner pays all the towing or storage fees related to the impoundment; and, the legal owner presents foreclosure documents or an affidavit of repossession for the vessel.

This bill provides that if the person convicted of the BUI was not authorized by the registered owner of the vessel to operate the vessel 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 relate do the impoundment incurred by the registered owner to obtain possession of the vessel unless the courts finds that the person does not have the ability to pay all or part of those charges.

This bill provides that if the vessel is a rental, the rental agency may require the person to whom the vessel was rented to pay all towing and storage charges related to the impoundment incurred by the rental agency in connection with obtaining possession of the vessel.

COMMENTS

1. Need for This Bill

According to the author:

SB 644 was introduced in response to a tragic accident that occurred to a constituent on Senate District 28. The constituent noticed that when someone is arrested for Driving Under the Influence (DUI), the vehicle is subject to impound rules that include having the vehicle sold after 30 days. But the rules are less clear for a vessel used in a Boating Under the Influence (BUI). SB 644 states that, if a vessel is used in the commission of a BUI crime that involves the unlawful killing of a person, the vessel will be subject to the same seizure and impound rules as a vehicle used in a DUI.

2. DUI and Impound

Existing law allows for the impound of a vehicle upon the conviction of a DUI for up to 30 days. (Vehicle Code § 23594It is discretionary on a first offense and provides that the court shall impose it for a repeat offense within five years, although it unclear how often the court actually orders an impound in these cases.

3. BUI and Impound

Under existing law it is illegal to drive a vessel under the influence of drugs or alcohol or to drive a vessel with a .08% blood alcohol concentration (BAC) or a .04% BAC for a commercial vessel.

This provides that if a peace officer suspects a person of BUI and that conduct resulted in the unlawful killing of a person, the peace officer shall cause the removal and seizure of the vessel and the impounding of the vessel for not more than 30 days. The bill sets forth when the vehicle can be returned to the registered owner or the legal owner in a time less than 30 days and provides who shall be liable for the impound costs in those circumstances.

4. No Conviction Required

Unlike the impound provisions related to a DUI, this bill does not require a conviction for the impounding of the vessel. The impound is based solely on the peace officer’s determination that a BUI occurred and resulted in the unlawful killing of a person. If the charges are dropped the person can get the vessel out of impound and not pay the fees, however it is unlikely that charges will be dropped or a person acquitted within the 30 days of the impound. If the charges are dropped and a person has already paid these fees can he or she get them back? What about any lost income they may have lost by not having the boat if it was used for their livelihood?

5. Violation Resulted in Unlawful Killing

Without a trial, how is a peace officer going to be able to determine if the violation “resulted in the unlawful killing?” If a jet ski cuts in front of a large speed boat and the jet ski driver is killed, even if the speed boat tried evasive maneuvers to avoid hitting the jet ski, was the death a result of the BUI? Will the speed boat driver ultimately be found not to be liable because the jet ski cut in front of the large vessel? As noted above, this may take more than 30 days to determine so if a person is not found liable for the unlawful killing, can he or she get their impound fees or costs back. What about any lost income they may have lost by not having the boat if it was used for their livelihood?

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