SB 699: Public Safety Officers Procedural Bill of Rights Act: coroners.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-05-17
(1)Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants public safety officers, as defined, a variety of administrative and procedural employment protections. The act excludes certain coroners and deputy coroners, who are defined as peace officers in specified circumstances, from the application of its provisions.
This bill would include coroners and deputy coroners, as specified, within the application of the Public Safety Officers Procedural Bill of Rights Act. By creating new duties for local agencies in connection with the act, this bill would impose a state-mandated local program.
(2)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 the statutory provisions noted above.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2018, to certify projects that meet certain requirements, including the requirement that the project create high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2019, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2019. This bill would extend the authority of the Governor to certify a project to January 1, 2020. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2021. The bill would repeal the act on January 1, 2021. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2018, to certify projects that meet certain requirements, including the requirement that the project create high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2019, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2019.
This bill would extend the authority of the Governor to certify a project to January 1, 2020. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2021. The bill would repeal the act on January 1, 2021. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for a person to engage in a motor vehicle speed contest or a motor vehicle exhibition of speed on a highway. Existing law also makes it a crime for a person to aid or abet in any motor vehicle speed contest or motor vehicle exhibition of speed on a highway.This bill would expand the crimes of engaging in a motor vehicle speed contest or a motor vehicle exhibition of speed, or aiding or abetting in those activities, to apply to a parking facility. Because this bill would expand the scope of existing crimes, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law makes it a crime for a person to engage in a motor vehicle speed contest or a motor vehicle exhibition of speed on a highway. Existing law also makes it a crime for a person to aid or abet in any motor vehicle speed contest or motor vehicle exhibition of speed on a highway.
This bill would expand the crime crimes of engaging in a motor vehicle speed contest or a motor vehicle exhibition of speed speed, or aiding or abetting in those activities, to apply to a parking facility. Because this bill would expand the scope of an existing crime, existing crimes, it would impose a state-mandated local program.
Existing law authorizes a peace officer to immediately arrest a person and seize his or her motor vehicle and impound it for no more than 30 days, as specified, if the officer determines that the person used the vehicle to engage in a motor vehicle speed contest, reckless driving on a highway, reckless driving in an offstreet parking facility, or an exhibition of speed on a highway.This bill would also authorize a magistrate to issue a warrant or court order authorizing a peace officer to immediately seize and cause the removal of a vehicle when the magistrate is presented with the affidavit of a peace officer establishing reasonable cause to believe that the vehicle was used in a motor vehicle speed contest, reckless driving on a highway, reckless driving in an offstreet parking facility, or an exhibition of speed on a highway, based on evidence witnessed by, delivered to, or developed by the peace officer within 120 days of the violation. The bill would prohibit the magistrate from issuing a warrant or order authorizing the impound if he or she determines that the vehicle to be impounded is necessary for a person to get to work, school, or medical appointments and impounding the vehicle would cause a hardship on the owner or the owners family.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law also makes it a crime for a person to engage in a motor vehicle speed contest or a motor vehicle exhibition of speed on a highway.
This bill would expand the crime of engaging in a motor vehicle speed contest or a motor vehicle exhibition of speed to apply to a parking facility. Because this bill would expand the scope of an existing crime, it would impose a state-mandated local program. The bill would include this crime in the list of crimes for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate. The bill would change the affidavit requirement described above by removing the requirement that a peace officer establish reasonable cause that the violation occurred in his or her presence. The bill would instead require the peace officer to submit an affidavit establishing reasonable cause that the violation occured based on evidence witnessed by, delivered to, or developed by the officer within 364 days of the violation.
Existing law authorizes a peace officer to immediately arrest a person and seize his or her motor vehicle and impound it for no more than 30 days, as specified, if the officer determines that the person used the vehicle to engage in a motor vehicle speed contest, reckless driving on a highway, reckless driving in an offstreet parking facility, or an exhibition of speed on a highway.
This bill would also authorize a magistrate to issue a warrant or court order authorizing a peace officer to immediately seize and cause the removal of a vehicle when the magistrate is presented with the affidavit of a peace officer establishing reasonable cause to believe that the vehicle was used in a motor vehicle speed contest, reckless driving on a highway, reckless driving in an offstreet parking facility, or an exhibition of speed on a highway, based on evidence witnessed by, delivered to, or developed by the peace officer within 120 days of the violation. The bill would prohibit the magistrate from issuing a warrant or order authorizing the impound if he or she determines that the vehicle to be impounded is necessary for a person to get to work, school, or medical appointments and impounding the vehicle would cause a hardship on the owner or the owners family.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for any person, while operating a motor vehicle with the intent to evade, to willfully flee or otherwise attempt to evade a pursuing peace officers motor vehicle or bicycle if specified conditions exist. Existing law makes it a crime to drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property. Existing law authorizes a magistrate to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of a vehicle if presented with a peace officers affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officers presence in violation of an offense described above.
Existing law also makes it a crime for a person to engage in a motor vehicle speed contest or a motor vehicle exhibition of speed on a highway.
This bill would expand the crime of engaging in a motor vehicle speed contest or a motor vehicle exhibition of speed to apply to a parking facility. Because this bill would expand the scope of an existing crime, it would impose a state-mandated local program. The bill would include this crime in the list of crimes for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate. The bill would change the affidavit requirement described above by removing the requirement that a peace officer establish reasonable cause that the violation occurred in his or her presence. The bill would instead require the peace officer to submit an affidavit establishing reasonable cause that the violation occured based on evidence witnessed by, delivered to, or developed by the officer within 364 days of the violation.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.
The(b)The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.
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.
SECTION 1.Section 21181 of the Public Resources Code is amended to read:21181.This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to January 1, 2020.SEC. 2.Section 21189.1 of the Public Resources Code is amended to read:21189.1.If, prior to January 1, 2021, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid.SEC. 3.Section 21189.3 of the Public Resources Code is amended to read:21189.3.This chapter shall remain in effect until January 1, 2021, and as of that date is repealed unless a later enacted statute extends or repeals that date.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to January 1, 2018. 2020.
SEC. 2.Section 21189.1 of the Public Resources Code is amended to read:21189.1.If, prior to January 1, 2019, 2021, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid.
SEC. 3.Section 21189.3 of the Public Resources Code is amended to read:21189.3.This chapter shall remain in effect until January 1, 2019, 2021, and as of that date is repealed unless a later enacted statute extends or repeals that date.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.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 or in or upon a parking facility. 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 a highway or in or upon a parking facility.(c)A person shall not engage in a motor vehicle exhibition of speed on a highway or in or upon a parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in or upon a parking facility.(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 or in or upon a parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in or upon a parking facility.(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)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 be impounded at the registered owners expense for not less than one day nor more than 30 days.(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. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(a)A person shall not engage in a motor vehicle speed contest on a highway or in or upon a parking facility. 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 a highway or in or upon a parking facility.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway or in or upon a parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in or upon a parking facility.
(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 or in or upon a parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in or upon a parking facility.
(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)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 be impounded at the registered owners expense for not less than one day nor more than 30 days.
(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. 2.Section 23109.2 of the Vehicle Code is amended to read:23109.2.(a)(1)A motor vehicle may be impounded for no more than 30 days under either of the following circumstances:(A)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).(B)Whenever a magistrate is presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, was an instrumentality used in any of the activities set forth in paragraph (2), based on evidence witnessed by, delivered to, or developed by a peace officer within 120 days of the violation, the magistrate shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. The magistrate shall not issue a warrant or order authorizing the impound if he or she determines that the vehicle to be impounded is necessary for a person to get to work, school, or medical appointments and impounding the vehicle would cause a hardship on the owner or the owners family.(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 law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent before 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, before 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 before 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. Lien sale processing fees shall not 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 shall not be sold before the defendants conviction.(6)The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment if the registered owner is 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 (h) of Section 23109.SEC. 3.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person shall not engage in a motor vehicle speed contest on a highway or in or upon a parking facility. 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 a highway or in or upon a parking facility.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway or in or upon a parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in or upon a parking facility.
(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 or in or upon a parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in or upon a parking facility.
(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)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 be impounded at the registered owners expense for not less than one day nor more than 30 days.
(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. 2.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.23109.2.(a)(1)A motor vehicle may be impounded for no more than 30 days under either of the following circumstances:
(A)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).
(B)Whenever a magistrate is presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, was an instrumentality used in any of the activities set forth in paragraph (2), based on evidence witnessed by, delivered to, or developed by a peace officer within 120 days of the violation, the magistrate shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. The magistrate shall not issue a warrant or order authorizing the impound if he or she determines that the vehicle to be impounded is necessary for a person to get to work, school, or medical appointments and impounding the vehicle would cause a hardship on the owner or the owners family.
(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 before 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 before 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 before 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 Lien sale processing fees shall not 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 shall not be sold prior to before 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 if the registered owner be is 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 (h) of Section 23109.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, was an instrumentality used in the peace officers presence in violation of Section 2800.1, 2800.2, 2800.3, or 23103, or subdivision (a) or (c) of Section 23109, based on evidence witnessed by, delivered to, or developed by a peace officer within 364 days of the violation, shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. A vehicle so impounded The vehicle may be impounded for a period not to exceed 30 days.
The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to before the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle is subject to bailment and is driven by an unlicensed employee of the business establishment, including a parking service or repair garage.
(C)When the registered owner of the vehicle causes a peace officer to reasonably believe, based on the totality of the circumstances, that the registered owner was not the driver who violated Section 2800.1, 2800.2, or 2800.3, or subdivision (a) or (c) of Section 23109, the agency shall immediately release the vehicle to the registered owner or his or her agent.
(2)No A vehicle shall not be released pursuant to this subdivision, except upon presentation of the registered owners or agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency. The magistrate may also consider releasing the vehicle when the continued impoundment will cause undue hardship to persons dependent upon the vehicle for employment or to a person with a community property interest in the vehicle.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)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.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to before the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle 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 financial interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)The legal owner or the legal owners agent presents, to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following, as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
No administrative Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded of the vehicle or any agents of the registered owner, unless a registered owner is a rental car agency, until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license to the legal owner or the legal owners agent. The legal owner or the legal owners agent shall make every reasonable effort to ensure that the license presented is valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to Before relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law.
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)(1)A vehicle impounded and seized under subdivision (a) shall be released to a rental car agency prior to before the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure of the vehicle.
(2)The owner of a rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver who used the vehicle that was seized to evade a police officer until 30 days after the date that the vehicle was seized.
(3)The rental car agency may require the person to whom the vehicle was rented and who evaded the peace officer to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining custody of the vehicle.
(h)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(i)(1)This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles impounded for investigation pursuant to Section 22655, or to vehicles removed from private property pursuant to Section 22658.
(2)This section does not apply to abandoned vehicles removed pursuant to Section 22669 that are determined by the public agency to have an estimated value of three hundred dollars ($300) or less.
(j)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent provided the release complies with the provisions of this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
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. highway or in or upon a parking facility. 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. a highway or in or upon a parking facility.
(c)A person shall not engage in a motor vehicle exhibition of speed on a highway, highway or in or upon a parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. a highway or in or upon a parking facility.
(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, highway or in or upon a parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. a highway or in or upon a parking facility.
(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)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 be impounded at the registered owners expense for not less than one day nor more than 30 days.
(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.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Jun 12, 2018 | June 12 set for first hearing canceled at the request of author. |
| Jun 7, 2018 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| May 31, 2018 | From committee: Be re-referred to Com. on PUB. S. (Ayes 7. Noes 0.) (May 31). Re-referred to Com. on PUB. S. |
| May 17, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Sep 5, 2017 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Aug 31, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| Jun 15, 2017 | Referred to Com. on TRANS. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 40. Noes 0. Page 1333.) Ordered to the Assembly. |
| May 26, 2017 | Read second time and amended. Ordered to third reading. |
| May 25, 2017 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1189.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| May 15, 2017 | May 15 hearing: Placed on APPR. suspense file. |
| May 5, 2017 | Set for hearing May 15. |
| May 3, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| May 2, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 856.) (April 25). |
| Apr 7, 2017 | Set for hearing April 25. |
| Apr 5, 2017 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 12. Noes 0. Page 627.) (April 4). Re-referred to Com. on PUB. S. |
| Mar 23, 2017 | Set for hearing April 4. |
| Mar 9, 2017 | Referred to Coms. on T. & H. and PUB. S. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| May 31, 2018 | Be re-referred to the Committee on [Public Safety] | Assembly Standing Committee on Rules |
Passed |
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| May 31, 2017 | Senate 3rd Reading SB699 Galgiani et al. | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 15, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 4, 2017 | 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
|
|---|---|---|
| 27y rainbow community neighborhood crime prevention council | ** Support | May 27, 2017 |
| 63rd ave block club | ** Support | May 27, 2017 |
| 651-4121 | ** Against | May 27, 2017 |
| American Civil Liberties Union | ** Against | May 27, 2017 |
| American Civil Liberties Union; California Public Defenders Association | ** Against | Apr 24, 2017 |
| California Police Chiefs Association | ** Support | May 27, 2017 |
| California Public Defenders Association | ** Against | May 27, 2017 |
| California State Sheriffs' Association | ** Support | May 27, 2017 |
| City Of Oakland | ** Support | May 27, 2017 |
| maxwell park neighborhood council | ** Support | May 27, 2017 |
| melrose high hopes neighborhood council beat 27x | ** Support | May 27, 2017 |
| oakland residents for peaceful neighborhoods | ** Support | May 27, 2017 |
| Prepared By: Manny Leon | ** Against | May 27, 2017 |
| PURPOSE | ** Against | Apr 24, 2017 |
| T. & H. | ** Against | May 27, 2017 |
| toler heights neighborhood council | ** Support | May 27, 2017 |
| Woodside Homes | * Support | Apr 4, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 699
:
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/4/17
AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Morrell
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/25/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SOURCE: California Police Chiefs Association
City of Oakland
DIGEST:
This bill makes it a crime to engage in, or aid or abet, a speed contest or an exhibition of speed in a parking facility.
Existing law:
- Provides that the Department of Motor Vehicles (DMV) shall immediately suspend or revoke the driving privilege of any person convicted or adjudicated of engaging in a speed contest.
- Provides that upon conviction or adjudication of engaging in a speed contest the person's driving privilege shall be suspended for a period of six months if the court orders DMV to suspend the privilege. Before a person's license is reinstated proof of financial responsibility must be given to DMV.
- Provides that any person who drives any vehicle upon a highway or in any off-street parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Persons convicted of reckless driving shall be punished by imprisonment in the county jail for not less than five days nor more than 90 days; by a fine of not less than $145 nor more than $1,000; or by both that fine and imprisonment.
- Provides that no person shall engage in any motor vehicle speed contest. A speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. No person may aid or abet a speed contest.
- Provides that no person shall engage in any motor vehicle exhibition of speed or aid or abet an 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; by a fine of not less than $355 nor more than $1,000; or by both that fine and imprisonment. In addition, the person's privilege to operate a motor vehicle shall be subject to suspension. The person's privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person's place of employment and if necessary scope of employment.
- Provides that a second offense within five years is punishable by four days to six months in jail; by a fine of not less than $500 nor more than $1,000; or by both that fine and imprisonment. Furthermore, the DMV shall either suspend the person's privilege to operate a motor vehicle or the person's privilege to operate a motor vehicle shall be restricted for six months to transportation to and from work.
This bill prohibits a person from engaging in a motor vehicle speed contest in a parking facility.
Comments
- Author’s statement. “The recent proliferation of sideshows has created a unique threat to public safety. These vehicle exhibitions can result in temporary road closures and increased traffic in addition to a number of public safety concerns. Senate Bill 699 will help combat this dangerous activity by increasing the usage of video evidence to impound vehicles used in sideshows.”
- Speed contests and sideshows. A sideshow is where one or a number of vehicles engage in or are involved in illegal reckless driving activities. Increasing in popularity, sideshows involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including "spinning donuts" or the "burning" of tires. Due to their growing popularity and increased crackdowns by law enforcement, this community has coordinated sideshows beyond local streets and highways to empty parking facilities. Currently law enforcement has the ability to impound a vehicle engaging in this illegal activity; however existing law limits law enforcement’s ability to seize and impound these vehicles by requiring a law enforcement officer to be present when a sideshow or speed contest is taking place.
Since 2015, numerous news reports from the Bay Area have noted that illegal street racing has been prevalent 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 the last two years, CHP has issued 5,419 citations (2,943 in 2015 and 2,476 in 2016) resulting in convictions for engaging in, aiding, or abetting exhibition of speed on a highway.
While existing law explicitly prohibits speed contests on a highway, it is silent on motorists engaging in speed contests in parking facilities. This bill makes a minor change to existing law to clarify that speed contests are prohibited on both a highway and in a parking facility.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- State prison: Potential increase in incarceration costs (General Fund) for new commitments to state prison for persons convicted of engaging in a speed contest in a parking facility for a subsequent time within five years of a prior conviction and proximately causing serious bodily injury. To the extent that the provisions of this bill lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
- County jail: Potential increase in local incarceration costs (local funds) to the extent persons would be convicted of a crime created by this bill. The crimes expanded upon by this bill require a mandatory minimum sentence in county jail ranging from 24 hours to up to 30 days.
California Police Chiefs Association (co-source)
City of Oakland (co-source)
27y Rainbow Community Neighborhood Crime Prevention Council
63rd Ave Block Club
California State Sheriffs’ Association
Maxwell Park Neighborhood Council
Melrose High Hopes Neighborhood Council Beat 27x
Oakland Residents for Peaceful Neighborhoods
Toler Heights Neighborhood Council
OPPOSITION: (Verified 5/25/17)
American Civil Liberties Union
California Public Defenders Association
5/27/17 18:21:10
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 699 (Galgiani) - Vehicles: removal and impoundment
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2017
Bill Summary:
SB 699 would make it a crime to engage in, or aid or abet, a speed contest or an exhibition of speed in a parking facility.
Fiscal Impact:
- State prison: Potential increase in incarceration costs (General Fund) for new commitments to state prison for persons convicted of engaging in a speed contest in a parking facility for a subsequent time within 5 years of a prior conviction and proximately causing serious bodily injury. To the extent that the provisions of this measure lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
- County jail: Potential increase in local incarceration costs (local funds) to the extent persons would be convicted of a crime created by this bill. The crimes expanded upon by this bill require a mandatory minimum sentence in county jail ranging from 24 hours to up to 30 days.
Committee Amendments:
Strike the authority of the court to order the impoundment of a vehicle based upon information presented by a peace officer up to 120 days after certain violations, as specified.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 699 (Galgiani) - Vehicles: removal and impoundment
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 699 would make it a crime to engage in, or aid or abet, a speed contest or an exhibition of speed in a parking facility. It also would require the court to order the impoundment of a vehicle based upon information presented by a peace officer up to 120 days after certain violations, as specified.
Fiscal Impact:
- State prison: Potential increase in incarceration costs (General Fund) for new commitments to state prison for persons convicted of engaging in a speed contest in a parking facility for a subsequent time within 5 years of a prior conviction and proximately causing serious bodily injury. To the extent that the provisions of this measure lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
- County jail: Potential increase in local incarceration costs (local funds) to the extent persons would be convicted of a crime created by this bill. The crimes expanded upon by this bill require a mandatory minimum sentence in county jail ranging from 24 hours to up to 30 days.
Background:
Existing law makes it a crime for a person to engage in, or aid or abet in, a speed contest or an exhibition of speed on a highway. Additionally, existing law authorizes a peace officer to immediately arrest a person and seize his or her motor vehicle and impound it for up to 30 days, at the registered owner’s expense and as specified, if the officer determines that the person used the vehicle to engage in a speed contest, reckless driving on a highway, reckless driving in an off-street parking facility, or an exhibition of speed on a highway.
Proposed Law:
SB 699 would make it a crime, with a graduating penalty structure, to engage, or aid or abet, in a speed contest or an exhibition of speed in a parking facility. It also would require the court to order the impoundment of a vehicle upon a finding of reasonable cause to believe that the vehicle was used in specified crimes, based on information presented by a peace officer up to 120 days after the violation.
Related Legislation:
SB 67 (Perata, Ch. 727, Stats. 2007) reinstated a repealed law that allowed for the impoundment of a vehicle, up to 30 days, of a person being arrested for reckless driving, reckless driving in a parking facility, exhibition of speed, or participating in a speed content.
AB 1325 (Vargas, Ch. 475, Stats. 2005) increased the penalty for speed contests.
SB 1489 (Perata, Ch. 411, Stats. 2002) allowed for the impoundment of vehicles involved in reckless driving or exhibition of speed offenses.
AB 2288 (Aguiar, Ch. 884, Stats. 1996) allowed a peace officer to arrest a person involved in a speed contest and to seize and impound the vehicle.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 699 Hearing Date: April 25, 2017
Author: | Galgiani | ||
Version: | February 17, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Vehicles: Removal and Impoundment
HISTORY
Source: City of Oakland
California Police Chiefs Association
Prior Legislation: SB 67 (Perata) Chapter 727, Stats. 207
AB 1325 (Vargas) Chapter 475, Stats. 2005
SB 1541 (Margett) Chapter 595, Stats. 2004
AB 985 (Vargas) failed Senate Public Safety 2003
SB 2087 (Soto) inactive file Senate Floor 2002
SB 1489 (Perata) Ch. 411, Stats. 2002
AB 2592 (Maddox) failed Senate Public Safety
AB 2288 (Aguiar) Ch. 884, Stats. 1996
SB 833 Ch. 922, Stats. 1995
SB 1738 Ch. 1221, Stats. 1994
AB 5 Ch. 3, Stats. 1959
Support: California State Sheriffs’ Association; Melrose High Hopes Neighborhood Council Beat 27x; Maxwell Park Neighborhood Council; Oakland Residents for Peaceful Neighborhoods; Toler Heights Neighborhood Council; 27y Rainbow Community Neighborhood Crime Prevention Council; 63rd Ave Block Club; several individuals
Opposition: American Civil Liberties Union; California Public Defenders Association
PURPOSE
The purpose of this bill is to allow evidence delivered to the police be the reasonable cause to allow a car to be impounded for participation in a speed contest, evading the police, or reckless driving.
Existing law provides that the Department of Motor Vehicles (DMV) shall immediately suspend or revoke the driving privilege of any person convicted or adjudicated of engaging in a speed contest. (Vehicle Code § 13352 (a).)
Existing law provides that upon conviction or adjudication of engaging in a speed contest the person's driving privilege shall be suspended for a period of six months if the court orders DMV to suspend the privilege. Before a person's license is reinstated proof of financial responsibility must be given to DMV. (Vehicle Code § 13352 (a)(9).)
Existing law provides that any person who drives any vehicle upon a highway or in any off-street parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Persons convicted of reckless driving shall be punished by imprisonment in the county jail for not less than five days nor more than 90 days; by a fine of not less than $145 nor more than $1,000; or by both that fine and imprisonment. (Vehicle Code § 23103.)
Existing law provides that whenever reckless driving of a vehicle proximately causes bodily injury to any person other than the driver, the person driving the vehicle is guilty of a misdemeanor, punishable by not less than 30 days nor more than six months in the county jail; by a fine of not less than $220 nor more than $1,000; or by both that fine and imprisonment. (Vehicle Code § 23104(a).)
Existing law provides that whenever reckless driving of a vehicle proximately causes GBI to any person other than the driver, and the person driving the vehicle has a prior conviction for reckless driving, reckless driving with bodily injury, speed contest or exhibition, driving under the influence (DUI), or DUI with injury, the person is guilty of a wobbler. The misdemeanor penalty is imprisonment in the county jail for a minimum of 30 days and a maximum of six months, or by a fine, or by both a fine and imprisonment. The felony penalty is 16 months, 2, or 3 years in county jail. (Vehicle Code § 23104(b).)
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, as specified. (Vehicle Code § 23109.2.)
Existing law provides that no person shall engage in any motor vehicle speed contest. A speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. No person may aid or abet a speed contest. (Vehicle Code § 23109(a).)
Existing law provides that no person shall engage in any motor vehicle exhibition of speed or aid or abet an 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; by a fine of not less than $355 nor more than $1,000; or by both that fine and imprisonment. In addition, the person's privilege to operate a motor vehicle shall be subject to suspension. The person's privilege to operate a motor vehicle may be restricted for 90 days to 6 months to necessary travel to and from that person's place of employment and if necessary scope of employment. (Vehicle Code §23109(e).)
This bill provides that a person shall also not engage in a motor vehicle contest in a parking facility.
Existing law provides that a second offense within five years is punishable by four days to six months in jail; by a fine of not less than $500 nor more than $1,000; or by both that fine and imprisonment. Furthermore, the DMV shall either suspend the person's privilege to operate a motor vehicle or the person's privilege to operate a motor vehicle shall be restricted for six months to transportation to and from work. (Vehicle Code § 23109(f).)
Existing law provides that when a person is arrested for reckless driving, reckless driving in a parking facility, exhibition of speed or 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 registered owner was neither the passenger or the driver of the vehicle;
- If the legal or registered owner is a rental agency;
- If the citation is dismissed and criminal charges are not filed. (Vehicle Code § 23109.2.)
Existing law provides a magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle was an instrumentality used in the peace officer’s presence in violation of prohibitions on evading the police or reckless driving shall issue a warrant or order authorizing any peace officer to immediately seize and cause removal of the vehicle. The vehicle may be impounded for a period not to exceed 30 days. (Vehicle Code § 14602.7)
This bill also adds speed contests to the violations for which a vehicle may be impounded under this section.
This bill deletes the requirement that the vehicle be used in the peace officer’s presence and states instead that the violation may be based on evidence witnessed by, delivered to or developed by a peace officer within 364 days of the violation.
COMMENTS
1. Need for This Bill
According to the author:
The recent proliferation of sideshows has created a unique threat to public safety. These vehicle exhibitions can result in temporary road closures and increased traffic in addition to a number of public safety concerns. Senate Bill 699 will help combat this dangerous activity by increasing the usage of video evidence to impound vehicles used in sideshows.
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.
Despite laws designed to combat illegal sideshows, they continue to grow more frequent and larger in size. Law enforcement agencies require more tools in order to target and impound vehicles used in sideshows.
Senate Bill 699 will allow a peace officer to submit an affidavit to the court establishing reasonable cause that a speed contest or sideshow occurred based on evidence provided by an officer within 364 days of the violation.
The primary method used by law enforcement to address the problem of Sideshows has been the towing of cars used by participants. Increased towing of vehicles has resulted in decreased Sideshow activity. These “30-day holds” have been determined to be effective in reducing the sideshows. Senate Bill 699 enhances existing legislation to impound vehicles by providing video evidence as a means to secure an ‘Affidavit in Support of Seizure Warrant’ which would provide more target vehicles.
2. Impound for Speed Contests
Existing law specifically allows for the impounding of a car participating in a speed contest and speed contest related activities happening on a freeway or a parking lot. The section implies that the peace officer will have observed this activity. The impound is for not more than 30 days.
(Vehicle Code § 23109.2)
Existing law also allows for the impounding of a vehicle that was used in evading the police or reckless driving in the peace officer’s presence. This impound is also for not more than 30 days. (Vehicle Code § 14602.7)
This bill add speed contests to the provision that allows for the impound of a vehicle for evading the police or reckless driving. It also deletes the statement that the vehicle must have been used in the peace officer’s presence and provided instead that the affidavit presented to a magistrate to request the impound may be based on evidence witnessed by, delivered to, or developed by a peace officer within 364 days of the violation.
- Evidence presented to or developed by a peace officer
The sponsor of this bill points to all the videos that appear online of speed contest and side shows and would like law enforcement to be able to use these videos as evidence to impound a car for 30 days.
The evidence can be presented up to 364 days later. Impound costs and fees are expensive and can cause people to lose their vehicle, should this evidence, which may show up months later, be used to impound a vehicle for 30 days?
The evidence must be presented in 364 days but the bill does not specify how quickly the order to impound may happen, should there be some time frame on the impound?
Since they are potentially relying on evidence that may be months old, should there be some evidence that the person is continuing to use their vehicle to participate in speed contests?
- Why Section 14602.7?
This bill amends Vehicle Code Section 14602.7 which deals with evading the police and reckless driving instead of amending the Vehicle Code Section that specifically deals with impounding in for a speed contest. In amending Vehicle Code Section 14602.7 it changes the requirement that a peace office must observe the violation for not just speed contests but also these other violations. It would seem more appropriate that if the rationale for this bill is that speed contest are often videoed and those videos should be used as evidence of the speed contest and the reason for impounding, the section that deals with speed contests should be the one that is amended.
- Hardship exception
Should there be a hardship exception if the car being impounded it the only one the family has to get to and from school, work etc.? Since under this bill the impound order could happen almost a year after the violation a lot of things could have happened in that year, a person could have started a family, got a job etc. that has them now using the car for legitimate reasons.
-- END –
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/4/2017
Author: | Galgiani | ||
Version: | 2/17/2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT:
DIGEST: This bill makes it a crime to engage in a speed contest or exhibition of speed (otherwise known as a “sideshow”) in a parking facility. This bill further allows a peace officer to submit an affidavit to the court that a speed contest or reckless driving violation occurred within a specified time period.
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.
- Authorizes a magistrate to issue a warrant or provide a peace officer with the authority to immediately seize a vehicle if the peace officer has provided a valid affidavit that the vehicle was involved in a speed contest or reckless driving in the presence of a peace officer.
This bill:
- Proposes to expand the crime of engaging in a motor vehicle speed contest or exhibition of speed to apply to a parking facility.
- Allows a peace officer to submit an affidavit to the court establishing reasonable cause that a speed contest or sideshow occurred based on evidence provided by an officer within 364 days of the violation.
COMMENTS:
- Author’s statement. “The recent proliferation of sideshows has created a unique threat to public safety. These vehicle exhibitions can result in temporary road closures and increased traffic in addition to a number of public safety concerns. Senate Bill 699 will help combat this dangerous activity by increasing the usage of video evidence to impound vehicles used in sideshows.”
- What is a sideshow? A sideshow is where one or a number of vehicles engage in or are involved in illegal reckless driving activities. Increasing in popularity, sideshows involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including "spinning donuts" or the "burning" of tires. Due to their growing popularity and increased crackdowns by law enforcement, this community has coordinated sideshows beyond local streets and highways to empty parking facilities. Currently law enforcement has the ability to impound a vehicle engaging in this illegal activity; however existing law limits law enforcement’s ability to seize and impound these vehicles by requiring a law enforcement officer to be present when a sideshow or speed contest is taking place.
Since 2015, numerous news reports from the Bay Area have noted that illegal street racing has been prevalent 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 the last two years, CHP has issued 5,419 citations (2,943 in 2015 and 2,476 in 2016) resulting in convictions for engaging in, aiding, or abetting exhibition of speed on a highway.
- Impound. 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.
- Technical amendment. Amongst other provisions, this bill would make it a crime to engage in a sideshow in a parking facility. However, existing law already allows a peace officer to seize and impound a vehicle engaging in a speed contest or a sideshow in a parking facility. In order to avoid duplicative statutes, the author has agreed to amend the bill to remove Section 2 in the next policy committee. With this technical amendment, the remaining portion of this bill addresses a peace officer’s ability to use online evidence posted within 364 days when submitting an affidavit to the court which will be considered in the Senate Public Safety Committee if this bill is passed.
- Double Referral. This bill is also referred to the Senate Public Safety Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
March 29, 2017.)
SUPPORT:
California Police Chief’s Association (Co-sponsor)
California State Sheriff’s Association
City of Oakland (Co-sponsor)
OPPOSITION:
None received.
-- END --
Discussed in Hearing
2MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
15MIN
Senate Standing Committee on Public Safety
5MIN
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):
