AB 1978: Vehicles: speed contests.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-23
Current Status:
Passed
(2024-09-23: Chaptered by Secretary of State - Chapter 501, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets a police officer seize and remove a vehicle used to place a barricade or other obstruction on a road or in a parking lot to facilitate an illegal speed contest (street racing) without having to arrest the driver.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified.
This bill would authorize a peace officer to not take a person into custody for a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense.
(2)Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.
This bill would revise these provisions to authorize a peace officer to remove a vehicle pursuant to these provisions without taking a person into custody when the alleged offense is a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified.
(3)This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1082 to be operative only if this bill and AB 1082 are enacted and this bill is enacted last.
(1)Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified.
This bill would authorize a peace officer to not take a person into custody for a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense.
(2)Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.
This bill would revise these provisions to authorize a peace officer to remove a vehicle pursuant to these provisions without taking a person into custody when the alleged offense is a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified.
(3)This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1082 to be operative only if this bill and AB 1082 are enacted and this bill is enacted last.
(1)Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified.
This bill would authorize a peace officer to not take a person into custody for a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense.
(2)Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.
This bill would revise these provisions to authorize a peace officer to remove a vehicle pursuant to these provisions without taking a person into custody when the alleged offense is a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified.
(3)This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1082 to be operative only if this bill and AB 1082 are enacted and this bill is enacted last.
(1)Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified.
This bill would authorize a peace officer to not take a person into custody for a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense.
(2)Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.
This bill would revise these provisions to authorize a peace officer to remove a vehicle pursuant to these provisions without taking a person into custody when the alleged offense is a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified.
(1)Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law prohibits a person from aiding and abetting these contests or exhibitions. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified.
This bill would authorize a peace officer to not take a person into custody for violations of aiding or abetting a motor vehicle speed contest or exhibition of speed or for a violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense.
(2)Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.
This bill would revise these provisions to authorize a peace officer to remove a vehicle pursuant to these provisions without taking a person into custody when the alleged offense is a violation of aiding, abetting, or facilitating motor vehicle speed contests and exhibitions of speed, as specified. obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified.
(1)Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law prohibits a person from aiding and abetting these contests or exhibitions. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified.
This bill would authorize a peace officer to not take a person into custody for violations of aiding or abetting a motor vehicle speed contest or exhibition of speed or for obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense.
(2)Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.
This bill would revise these provisions to authorize a peace officer to remove a vehicle pursuant to these provisions without taking a person into custody when the alleged offense is a violation of aiding, abetting, or facilitating motor vehicle speed contests and exhibitions of speed, as specified.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation before the enforcement of penalties for a violation of the ordinance.
SEC. 1.5.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (l) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (o) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (o) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation before the enforcement of penalties for a violation of the ordinance.
SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for a violation of subdivision (d) of Section 23109 and causes the removal and seizure of the vehicle used to commit the violation pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 22651 of the Vehicle Code proposed by both this bill and Assembly Bill 1082. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 22651 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1082, in which case Section 1 of this bill shall not become operative.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation before the enforcement of penalties for a violation of the ordinance.
SEC. 1.5.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (l) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (o) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (o) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation before the enforcement of penalties for a violation of the ordinance.
SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for a violation of subdivision (d) of Section 23109 and causes the removal and seizure of the vehicle used to commit the violation pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 22651 of the Vehicle Code proposed by both this bill and Assembly Bill 1082. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 22651 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1082, in which case Section 1 of this bill shall not become operative.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation before the enforcement of penalties for a violation of the ordinance.
SEC. 1.5.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:(A)Evidence of their identity.(B)An address within this state where they can be located.(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:(A)Pays the cost of towing and storing the vehicle.(B)Submits evidence of payment of fees as provided in Section 9561.(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.(j)(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) (l) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) (o) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) (o) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to before the enforcement of penalties for a violation of the ordinance.
SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for a violation of subdivision (d) of Section 23109 and causes the removal and seizure of the vehicle used to commit the violation pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 22651 of the Vehicle Code proposed by both this bill and Assembly Bill 1082. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 22651 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1082, in which case Section 1 of this bill shall not become operative.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to before the enforcement of penalties for a violation of the ordinance.
SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for a violation of subdivision (d) of Section 23109 and causes the removal and seizure of the vehicle used to commit the violation pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for any of the following violations and causes the removal and seizure of the vehicle used to commit those violations pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody:(a)Subdivision (b) of Section 23109.(b)Subdivision (c) of Section 23109, relating to aiding or abetting in a motor vehicle exhibition of speed.(c)Subdivision (d) of Section 23109.SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for a violation of subdivision (d) of Section 23109 and causes the removal and seizure of the vehicle used to commit the violation pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody.
REVISIONS: HeadingLine 1.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
SEC. 2.Section 23109.3 is added to the Vehicle Code, to read:23109.3.If a peace officer arrests a person for any of the following violations and causes the removal and seizure of the vehicle used to commit those violations pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody:
(a)Subdivision (b) of Section 23109.
(b)Subdivision (c) of Section 23109, relating to aiding or abetting in a motor vehicle exhibition of speed.
(c)Subdivision (d) of Section 23109.
|
Date
|
Status
|
|---|---|
| Sep 23, 2024 | Chaptered by Secretary of State - Chapter 501, Statutes of 2024. |
| Sep 23, 2024 | Approved by the Governor. |
| Sep 12, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0.). |
| Aug 31, 2024 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 2.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Ordered to third reading. |
| Aug 23, 2024 | Action rescinded whereby the bill was read third time, passed, and to Assembly. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 22, 2024 | In Senate. Held at Desk. |
| Aug 22, 2024 | Ordered to the Senate. |
| Aug 22, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 22, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 5292.). |
| Aug 6, 2024 | Read second time. Ordered to third reading. |
| Aug 5, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 2, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 2). Re-referred to Com. on APPR. |
| Jun 26, 2024 | From committee: Do pass and re-refer to Com. on PUB S. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (June 25). Re-referred to Com. on PUB S. |
| Jun 19, 2024 | Re-referred to Coms. on TRANS. and PUB S. |
| Jun 12, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. |
| May 29, 2024 | Referred to Com. on RLS. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 5348.) |
| May 21, 2024 | Coauthors revised. |
| May 6, 2024 | Ordered to third reading. |
| May 6, 2024 | From Consent Calendar. |
| May 2, 2024 | Read second time. Ordered to Consent Calendar. |
| May 1, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 1). |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 16, 2024 | Re-referred to Com. on TRANS. |
| Apr 15, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 3, 2024 | From committee: Do pass and re-refer to Com. on TRANS. (Ayes 5. Noes 0.) (April 2). Re-referred to Com. on TRANS. |
| Mar 14, 2024 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Mar 4, 2024 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 20, 2024 | Referred to Coms. on PUB. S. and TRANS. |
| Jan 31, 2024 | From printer. May be heard in committee March 1. |
| Jan 30, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2024 | AB 1978 Sanchez Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2024 | Assembly 3rd Reading AB1978 Sanchez By Wilk | Senate Floor |
Passed |
|
| Aug 22, 2024 | Assembly 3rd Reading AB1978 Sanchez By Wilk | Senate Floor |
Passed |
|
| Jul 2, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Jun 25, 2024 | Do pass, but first be re-referred to the Committee on [Public Safety] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
|
| May 21, 2024 | AB 1978 Vince Fong Assembly Third Reading | Assembly Floor |
Passed |
|
| May 1, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| Apr 2, 2024 | Do pass and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aclu California Action | ** Against | |
| All of Us or None Los Angeles | ** Against | |
| California Attorneys For Criminal Justice | ** Against | |
| California Police Chiefs Association | ** Support | |
| California State Sheriffs' Association | ** Support | |
| Californians United for a Responsible Budget | ** Against | |
| City of Bakersfield | ** Support | |
| Communities United for Restorative Youth Justice | ** Against | |
| Conor Lynch Foundation | ** Support | |
| Ella Baker Center For Human Rights | ** Against | |
| Initiate Justice | ** Against | |
| Lawyers Committee for Civil Rights of the San Francisco Bay Area | ** Against | |
| Lawyers' Committee for Civil Rights of the San Francisco Bay Area | ** Against | |
| Legal Services for Prisoners with Children | ** Against | |
| Los Angeles County Sheriff'S Department | ** Support | |
| Oakland Privacy | ** Against | |
| Pacific Juvenile Defender Center | ** Against | |
| San Bernardino County Sheriff Department | * Support | Apr 2, 2024 |
| San Bernardino Police Department | * Support | Apr 2, 2024 |
| San Francisco Public Defender | ** Against | |
| Socal Families for Safe Streets | ** Support | |
| Specialty Equipment Market Association | * Support | Jul 2, 2024 |
| Street Racing Kills | ** Support | |
| Streets Are For Everyone | ** Against | |
| Uncommon Law | ** Against | |
| Visalia; City of | ** Support | |
| Western Center on Law & Poverty, INC. | ** Against |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1978
Author:(Sanchez)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
Authorizes a peace officer to impound a vehicle without taking the driver into custody for obstructing or placing a barricade upon a highway, or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
Senate Amendments
- Removed former Assemblymember Vince Fong as the author and replaced him with Assemblymember Sanchez.
- Incorporate chaptering out amendments with AB 1082 (Kalra) if AB 1082 are enacted and this bill is enacted last.
COMMENTS
SB 1758 (Kopp) Chapter 1221, Statutes of 1994 gave law enforcement a new tool to enforce vehicle code violations—the ability to impound someone’s vehicle for driving while unlicensed (DWU) or driving with a suspended license (DWS).
As a result of that law, the Department of Motor Vehicles (DMV), in conjunction with the National Highway Traffic Safety Administration commissioned a series of studies to evaluate the deterrence effect of impounding a vehicle. While a study on the general deterrent effect of the law "did not find compelling evidence of a general deterrent impact of vehicle impoundment and forfeiture on crashes for one of the main groups it targets," another study on the specific deterrent effect found the law had a great impact on future traffic offenses.
The DMV report, An Evaluation of the Specific Deterrent Effect of Vehicle Impoundment on Suspended, Revoked and Unlicensed Drivers in California (DeYoung, 1997), found that first-time offenders who had their vehicles impounded for DWU or DWS saw a 23.8% drop in subsequent convictions for DWU or DWS. For repeat offenders, subsequent violations dropped 34.2%.
After SB 1758, the Legislature began expanding the violations for which a vehicle could be impounded. AB 2288 (Aguiar), Chapter 884, Statutes of 1996 expanded vehicle impoundments to include speed contests. SB 1489 (Perata) Chapter 411, Statutes of 2002, also known as the U'kendra K. Johnson Memorial Act, granted law enforcement the ability to impound a vehicle for reckless driving after Ms. Johnson was killed by a vehicle fleeing a sideshow. While existing law permits law enforcement to go to a magistrate to seek a 30-day impoundment for reckless driving or fleeing the police, the code section does not explicitly permit law enforcement to go to a judge to ask for an impoundment for a vehicle where the person is being charged with engaging in a speed contest or a motor vehicle exhibition of speed.
During the COVID-19 pandemic lockdowns, cities saw an increase in street racing and sideshows, in part because there were fewer vehicles on the road. The California Highway Patrol (CHP) responded to 25,953 calls involving a motor vehicle speed contest or exhibition of speed in 2020, nearly 3,500 more calls than the prior year. In 2020, CHP cited 341 individuals with a violation of motor vehicle exhibition of speed, 141 more than the year before.
Citations and calls reporting speed racing and motor vehicle exhibitions of speed have continued to grow. In 2022, CHP received over 31,000 calls involving a motor vehicle speed contest or motor vehicle exposition of speed. That number dropped to 27,265 in 2023. CHP issued 1,487 citations for the two violations in 2022 and 2023.
Law enforcement has continued to get aggressive on arrests related to motor vehicle sideshows and is making statements that are out of compliance with the California Vehicle Code. For example, On February 5th of this year law, the San Joaquin County Sheriff’s Office detained more than 150 people and seized 88 vehicles present at the scene of a sideshow. The sheriff declared he would not return the vehicles and may crush them (California law only authorizes vehicles to be seized for up to 30 days, not indefinitely. Law enforcement also lacks the authority to crush the vehicles). Law enforcement in this case treated everyone present at the scene of the sideshow as an aider and abettor. One man even had his car impounded even after demonstrating to law enforcement he was simply on his way to work.
This bill would make it even easier for law enforcement to seize vehicles in massive sweeps by authorizing law enforcement officers to seize the vehicle without having to take the person into custody for a misdemeanor charge. Since this bill was heard in the Public Safety Committee the bill has been amended to only apply to aiders and abettors who obstruct or place a barricade upon a highway or an off-street parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
One recent sideshow in Stockton saw over 150 people detained and nearly 90 cars towed, but more must be done to curtail this growing problem.
Recovering a vehicle after it has been towed is expensive. According to the 2019 Western Center on Law and Poverty report Towed into Debt, How Towing Practices in California Punish Poor People, the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual must also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle.
According to the Author
According to the author, "Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe."
Arguments in Support
The California Police Chiefs, writing in support of this bill, argue According to the California Police Chiefs Association (CPCA), "Sideshows can be dangerous for pedestrians, other drivers, and law enforcement, and California has seen a dramatic rise in this illegal activity in recent years. Most recently sideshows have escalated from street racing to property damage, violent altercations, and even death on certain occasions, so much so that local law enforcement agencies like those in Sacramento and San Joaquin have taken extra measures to crack down on illegal activity.
By allowing peace officers to impound vehicles without taking a person into custody, AB 1978 will provide law enforcement with a practical tool for deterring sideshows, curtailing speed exhibitions, and protecting communities."
Arguments in Opposition
According to American Civil Liberties Union California Action, writing in opposition "Assembly Bill (AB) 1978, which would give police officers overbroad and unconstitutional authority to tow vehicles as a de facto punishment for anyone who they believe aided or abetted a sideshow or street race.
"AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low-income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people, a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more.1 But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500.2 When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code sections 23109(b-d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
By establishing a blunt, overbroad tool to seize Californians' vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following state law if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions. Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not exempted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
Our streets are made safer by implementing human-centered, environmental traffic designs and offering safe, legal places for car shows and racing, not by relying on punitive measures and abrogating people’s constitutional rights."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "no significant state cost".
VOTES:
ASM PUBLIC SAFETY: 5-0-3
YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes
ABS, ABST OR NV: Ting, Wilson, Zbur
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Juan Carrillo, Hart, Hoover, Jackson, Ortega, Papan, Sanchez, Ting, Valencia, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 65-0-15
YES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Robert Rivas
ABS, ABST OR NV: Addis, Bryan, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Jackson, Jones-Sawyer, Kalra, Mathis, McKinnor, Luz Rivas, Weber, Zbur
SENATE FLOOR: 37-2-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Glazer, Gonzalez, Grove, Hurtado, Jones, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Eggman, Skinner
ABS, ABST OR NV: Laird
SENATE FLOOR: 33-0-7
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Blakespear, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Stern, Umberg, Wiener, Wilk
ABS, ABST OR NV: Atkins, Becker, Bradford, Menjivar, Skinner, Smallwood-Cuevas, Wahab
UPDATED
VERSION: August 23, 2024
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0004614
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1978 |
THIRD READING
Bill No: AB 1978
Author: Sanchez (R)
Amended: 8/23/24 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 15-0, 6/25/24
AYES: Cortese, Niello, Allen, Archuleta, Becker, Blakespear, Dahle, Dodd, Gonzalez, Laird, Limón, Newman, Nguyen, Seyarto, Umberg
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 7/2/24
AYES: Wahab, Seyarto, Bradford, Wiener
NO VOTE RECORDED: Skinner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 65-0, 5/21/24 - See last page for vote
SUBJECT: Vehicles: speed contests
SOURCE: Author
DIGEST:
This bill provides that a peace officer, who arrests a person, who, for the purpose of facilitating or aiding speed contests and exhibitions of speed, obstructs or places a barricade or assists or participates in placing a barrier or obstruction, is authorized to impound the vehicle used to commit the violation without taking the person into custody.
Senate Floor Amendments of 8/23/24 resolve chaptering out issue.
ANALYSIS:
Existing law:
- Provides that a person shall not, for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition upon a highway or in an offstreet 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 an offstreet parking facility. (VEC 23109)
Provides that a peace officer who arrests a person, who, for the purpose of aiding and abetting speed contests and exhibitions of speed, is authorized to impound the vehicle used to commit the violation without taking the person into custody. (VEC 23109.3)
This bill:
- Authorizes a peace officer to remove a vehicle but not take a person into custody for a violation of:
- Obstructing or placing a barricade or obstruction upon a highway or in an off-street parking facility.
- Facilitating or aiding a motor vehicle speed contest or exhibition of speed in an off-street parking facility.
Comments
- Recent Amendments. The recent amendments resolve the chaptering out issue between this bill and AB 1082 (Kalra, 2024).
- Purpose. According to the author, “Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.”
- Making Streets Safer. The Legislature has taken several steps to make streets safer by increasing penalties for street racing and sideshows -- See, for example, AB 2000 (Gabriel, Chapter 436, Statutes of 2022) and AB 3 (Fong, Chapter 611, Statutes of 2021) – but the problem continues to be significant. In 2022, the CHP received over 31,000 calls involving a motor vehicle speed contest or motor vehicle exposition of speed. That number dropped to 27,265 in 2023. The CHP issued 1,487 citations for the two violations in 2022 and 2023.
- Arguments in Support. Per the California State Association of Sheriffs:
“Despite recent statutes signed into law, street racing has escalated in some communities across California. This illegal activity sometimes has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. Oftentimes, law enforcement officials find illegal drugs and firearms at these outlawed sideshows or street races.
“This proposal reinforces current laws by allowing law enforcement to impound a vehicle that is used to aid and abet street races without taking the owner of the vehicle into custody. AB 1978 will provide an added deterrent to participating in illegal street racing by providing law enforcement with an additional tool.”
- Arguments in Opposition. Per the Western Center on Law and Poverty:
“AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low-income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people, a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more. But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code section 23109(d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
“By establishing a blunt, overbroad tool to seize Californians’ vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following a state law, if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions. Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not excepted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.”
- Double Referral. This bill was heard and approved by the Senate Transportation and Public Safety Committees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/25/24)
California State Sheriffs' Association
City of Bakersfield
Los Angeles County Sheriff's Department
Visalia; City of
OPPOSITION: (Verified 8/25/24)
ACLU California Action
All of Us or None Los Angeles
California Attorneys for Criminal Justice
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice
Ella Baker Center for Human Rights
Lawyers Committee for Civil Rights of The San Francisco Bay Area
Legal Services for Prisoners With Children
Oakland Privacy
San Francisco Public Defender
Streets are For Everyone (SAFE) (ORG)
Uncommon Law
Western Center on Law & Poverty, INC.
ASSEMBLY FLOOR: 65-0, 5/21/24
AYES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Robert Rivas
NO VOTE RECORDED: Addis, Bryan, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Jackson, Jones-Sawyer, Kalra, Mathis, McKinnor, Luz Rivas, Weber, Zbur
Prepared by: Randy Chinn / TRANS. / (916) 651-4121
8/26/24 17:00:54
**** END ****
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1978
Author:(Sanchez)
As Amended Ver:June 12, 2024
Majority vote
SUMMARY
Authorizes a peace officer to impound a vehicle without taking the driver into custody for obstructing or placing a barricade upon a highway, or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
Senate Amendments
Removed former Assemblymember Vince Fong as the author and replaced him with Assemblymember Sanchez.
COMMENTS
SB 1758 (Kopp) Chapter 1221, Statutes of 1994 gave law enforcement a new tool to enforce vehicle code violations—the ability to impound someone's vehicle for driving while unlicensed (DWU) or driving with a suspended license (DWS).
As a result of that law, the Department of Motor Vehicles (DMV), in conjunction with the National Highway Traffic Safety Administration commissioned a series of studies to evaluate the deterrence effect of impounding a vehicle. While a study on the general deterrent effect of the law "did not find compelling evidence of a general deterrent impact of vehicle impoundment and forfeiture on crashes for one of the main groups it targets," another study on the specific deterrent effect found the law had a great impact on future traffic offenses.
The DMV report, An Evaluation of the Specific Deterrent Effect of Vehicle Impoundment on Suspended, Revoked and Unlicensed Drivers in California (DeYoung, 1997), found that first-time offenders who had their vehicles impounded for DWU or DWS saw a 23.8% drop in subsequent convictions for DWU or DWS. For repeat offenders, subsequent violations dropped 34.2%.
After SB 1758, the Legislature began expanding the violations for which a vehicle could be impounded. AB 2288 (Aguiar), Chapter 884, Statutes of 1996 expanded vehicle impoundments to include speed contests. SB 1489 (Perata) Chapter 411, Statutes of 2002, also known as the U'kendra K. Johnson Memorial Act, granted law enforcement the ability to impound a vehicle for reckless driving after Ms. Johnson was killed by a vehicle fleeing a sideshow. While existing law permits law enforcement to go to a magistrate to seek a 30-day impoundment for reckless driving or fleeing the police, the code section does not explicitly permit law enforcement to go to a judge to ask for an impoundment for a vehicle where the person is being charged with engaging in a speed contest or a motor vehicle exhibition of speed.
During the COVID-19 pandemic lockdowns, cities saw an increase in street racing and sideshows, in part because there were fewer vehicles on the road. The California Highway Patrol (CHP) responded to 25,953 calls involving a motor vehicle speed contest or exhibition of speed in 2020, nearly 3,500 more calls than the prior year. In 2020, CHP cited 341 individuals with a violation of motor vehicle exhibition of speed, 141 more than the year before.
Citations and calls reporting speed racing and motor vehicle exhibitions of speed have continued to grow. In 2022, CHP received over 31,000 calls involving a motor vehicle speed contest or motor vehicle exposition of speed. That number dropped to 27,265 in 2023. CHP issued 1,487 citations for the two violations in 2022 and 2023.
Law enforcement has continued to get aggressive on arrests related to motor vehicle sideshows and is making statements that are out of compliance with the California Vehicle Code. For example, On February 5th of this year law, the San Joaquin County Sheriff's Office detained more than 150 people and seized 88 vehicles present at the scene of a sideshow. The sheriff declared he would not return the vehicles and may crush them (California law only authorizes vehicles to be seized for up to 30 days, not indefinitely. Law enforcement also lacks the authority to crush the vehicles). Law enforcement in this case treated everyone present at the scene of the sideshow as an aider and abettor. One man even had his car impounded even after demonstrating to law enforcement he was simply on his way to work.
This bill would make it even easier for law enforcement to seize vehicles in massive sweeps by authorizing law enforcement officers to seize the vehicle without having to take the person into custody for a misdemeanor charge. Since this bill was heard in the Public Safety Committee the bill has been amended to only apply to aiders and abettors who obstruct or place a barricade upon a highway or an off-street parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
One recent sideshow in Stockton saw over 150 people detained and nearly 90 cars towed, but more must be done to curtail this growing problem.
Recovering a vehicle after it has been towed is expensive. According to the 2019 Western Center on Law and Poverty report Towed into Debt, How Towing Practices in California Punish Poor People, the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual must also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle.
According to the Author
According to the author, "Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe."
Arguments in Support
The California Police Chiefs, writing in support of this bill, argue According to the California Police Chiefs Association (CPCA), "Sideshows can be dangerous for pedestrians, other drivers, and law enforcement, and California has seen a dramatic rise in this illegal activity in recent years. Most recently sideshows have escalated from street racing to property damage, violent altercations, and even death on certain occasions, so much so that local law enforcement agencies like those in Sacramento and San Joaquin have taken extra measures to crack down on illegal activity.
By allowing peace officers to impound vehicles without taking a person into custody, AB 1978 will provide law enforcement with a practical tool for deterring sideshows, curtailing speed exhibitions, and protecting communities."
Arguments in Opposition
According to American Civil Liberties Union California Action, writing in opposition "Assembly Bill (AB) 1978, which would give police officers overbroad and unconstitutional authority to tow vehicles as a de facto punishment for anyone who they believe aided or abetted a sideshow or street race.
"AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low-income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people, a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more.1 But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500.2 When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code sections 23109(b-d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
By establishing a blunt, overbroad tool to seize Californians' vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following state law if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions. Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not exempted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
Our streets are made safer by implementing human-centered, environmental traffic designs and offering safe, legal places for car shows and racing, not by relying on punitive measures and abrogating people's constitutional rights."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "no significant state costs".
VOTES:
ASM PUBLIC SAFETY: 5-0-3
YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes
ABS, ABST OR NV: Ting, Wilson, Zbur
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Juan Carrillo, Hart, Hoover, Jackson, Ortega, Papan, Sanchez, Ting, Valencia, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 65-0-15
YES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Robert Rivas
ABS, ABST OR NV: Addis, Bryan, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Jackson, Jones-Sawyer, Kalra, Mathis, McKinnor, Luz Rivas, Weber, Zbur
UPDATED
VERSION: June 12, 2024
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0004277
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1978 |
THIRD READING
Bill No: AB 1978
Author: Sanchez (R)
Amended: 6/12/24 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 15-0, 6/25/24
AYES: Cortese, Niello, Allen, Archuleta, Becker, Blakespear, Dahle, Dodd, Gonzalez, Laird, Limón, Newman, Nguyen, Seyarto, Umberg
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 7/2/24
AYES: Wahab, Seyarto, Bradford, Wiener
NO VOTE RECORDED: Skinner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 65-0, 5/21/24 - See last page for vote
SUBJECT: Vehicles: speed contests
SOURCE: Author
DIGEST:
This bill provides that a peace officer, who arrests a person, who, for the purpose of facilitating or aiding speed contests and exhibitions of speed, obstructs or places a barricade or assists or participates in placing a barrier or obstruction, is authorized to impound the vehicle used to commit the violation without taking the person into custody.
ANALYSIS:
Existing law:
- Provides that a person shall not, for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition upon a highway or in an offstreet 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 an offstreet parking facility. (VEC 23109)
Provides that a peace officer who arrests a person, who, for the purpose of aiding and abetting speed contests and exhibitions of speed, is authorized to impound the vehicle used to commit the violation without taking the person into custody. (VEC 23109.3)
This bill authorizes a peace officer to remove a vehicle but not take a person into custody for a violation of:
- Obstructing or placing a barricade or obstruction upon a highway or in an off-street parking facility.
- Facilitating or aiding a motor vehicle speed contest or exhibition of speed in an off-street parking facility.
Comments
- Purpose. According to the author, “Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.”
- Making Streets Safer. The Legislature has taken several steps to make streets safer by increasing penalties for street racing and sideshows -- See, for example, AB 2000 (Gabriel, Chapter 436, Statutes of 2022) and AB 3 (Fong, Chapter 611, Statutes of 2021) – but the problem continues to be significant. In 2022, the CHP received over 31,000 calls involving a motor vehicle speed contest or motor vehicle exposition of speed. That number dropped to 27,265 in 2023. The CHP issued 1,487 citations for the two violations in 2022 and 2023.
- Arguments in Support. Per the California State Association of Sheriffs:
“Despite recent statutes signed into law, street racing has escalated in some communities across California. This illegal activity sometimes has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. Oftentimes, law enforcement officials find illegal drugs and firearms at these outlawed sideshows or street races.
“This proposal reinforces current laws by allowing law enforcement to impound a vehicle that is used to aid and abet street races without taking the owner of the vehicle into custody. AB 1978 will provide an added deterrent to participating in illegal street racing by providing law enforcement with an additional tool.”
- Arguments in Opposition. Per the Western Center on Law and Poverty:
“AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low-income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people, a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more. But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code section 23109(d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
“By establishing a blunt, overbroad tool to seize Californians’ vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following a state law, if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions. Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not excepted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.”
- Double Referral. This bill was heard and approved by the Senate Transportation and Public Safety Committees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/5/24)
California State Sheriffs' Association
City of Bakersfield
Los Angeles County Sheriff's Department
Visalia; City of
OPPOSITION: (Verified 8/5/24)
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice
Ella Baker Center for Human Rights
Legal Services for Prisoners With Children
Uncommon Law
Western Center on Law & Poverty, INC.
ASSEMBLY FLOOR: 65-0, 5/21/24
AYES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Robert Rivas
NO VOTE RECORDED: Addis, Bryan, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Jackson, Jones-Sawyer, Kalra, Mathis, McKinnor, Luz Rivas, Weber, Zbur
Prepared by: Randy Chinn / TRANS. / (916) 651-4121
8/6/24 16:10:41
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 1978 Hearing Date: July 2, 2024
Author: | Sanchez | ||
Version: | June 12, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Vehicles: speed contests
HISTORY
Source: Author
Prior Legislation: AB 74 (Muratsuchi) Failed Assm. Trans. 2023
AB 822 (Alanis) not heard ACoPS 2023
AB 2000 (Gabriel) Chapter 436, Stats. 2022
AB 3 (Fong) Chapter 106, Stats. 2021
AB 410 (Nazarian) failed Assem. Public Safety 2019
SB 699 (Galgiani) amended out in Assembly 2017
SB 67 (Perata) Chapter 727, Stats. 2007
AB 1325 (Vargas) Chapter 475, Stats. 2005
SB 1541 (Margett) Chapter 595, Stats. 2004
AB 985 (Vargas) - failed Senate Public Safety 2004
AB 1341 (Para) - 6/9/04 version, failed Sen Public Safety 2004
AB 2440 (Shirley Horton) - held Assembly Appropriations 2004
SB 1489 (Perata) Chapter 411, Stats. 2002
SB 2087 (Soto) - died on inactive file Senate Floor 2002
AB 2288 (Aguiar) Chapter 884, Stats. 1996
SB 833 Chapter 922, Stats. 1995
SB 1738 Chapter1221, Stats. 1994
AB 5 Chapter 3, Stats.1959
Support: California State Sheriffs' Association; City of Bakersfield; City of Visalia
Opposition: ACLU California Action; All of Us or None Los Angeles; Californians United for a Responsible Budget; Legal Services for Prisoners With Children; Western Center on Law & Poverty, INC.
Assembly Floor Vote: 65 - 0
PURPOSE
The purpose of this bill is to authorize a peace officer to impound a vehicle without taking the driver into custody for obstructing or placing a barricade upon a highway or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
Existing law provides that a person shall not engage in an exhibition of speed on a highway or in an offstreet parking facility. (Vehicle Code § 23109)
Existing law defines “exhibition of speed” as accelerating or driving at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else. (People v. Grier (1964) 226 Cal.App.2d 360, 364.)
Existing law allows a peace officer to immediately arrest and take into custody a person engaged in a speed contest, and to remove and impound the vehicle used in the offense for up to 30 days. (Vehicle Code § 23109.2)
Existing law authorizes a peace officer to impound a vehicle for a period not to exceed 30 days upon the order of a magistrate for fleeing a peace officer or for reckless driving. (Vehicle Code § 14602.7)
Existing law requires the impounding agency to notify the legal owner of the vehicle within two working days of the impoundment by certified mail at the address provided by the Department of Motor Vehicles. (Vehicle Code § 14602.7)
Existing law provides that failure to notify the legal owner of the impoundment shall result in the impounding agency from charging for more than 15 days of the impoundment when the legal owner redeems the impounded vehicle. (Vehicle Code § 14602.7)
Existing law requires the impounding agency to release the vehicle to the registered owner if the vehicle was stolen, the vehicle was subject to bailment and was driven by an employee of the business, or the peace officer reasonably believes that the registered owner was not the driver who fled the police. (Vehicle Code § 14602.7)
Existing law provides that a vehicle shall not be released without a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or upon order of the court. (Vehicle Code § 14602.7)
Existing law provides the opportunity for the owner of the vehicle to contest the impoundment in a poststorage hearing to determine the validity of the storage. (Vehicle Code § 14602.7)
Existing law authorizes the magistrate to release the vehicle if 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. (Vehicle Code § 14602.7)
Existing law authorizes a vehicle to be released before the impoundment period is over if the legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation or other licensed financial institution if they pay the costs of the towing and storage. (Vehicle Code § 14602.7)
Existing law defines “speed contest” as a motor vehicle race against another vehicle, a clock, or other timing device. (Vehicle Code § 23109)
Existing law provides that a person shall not engage in a speed contest on a highway or in an offstreet parking facility. (Vehicle Code § 23109)
Existing law provides that a person shall not, for the purpose of facilitating gr aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or upon a highway or in an offstreet parking facility.
This bill authorizes a peace officer to impound a vehicle without taking the driver into custody for obstructing or placing a barricade upon a highway or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
COMMENTS
1. Need for This Bill
According to the author:
Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads through forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone that aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.
2. Seizure of vehicles
Pursuant to Vehicle Code section 22651, the legislature has authorized vehicle seizures in a range of different circumstances. Section 22651, subdivision (h)(1), at issue in this bill, authorizes vehicle impoundment if an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer, by law, is required or permitted to take, and does take, the person into custody. This bill creates an exception to custody requirement for people who facilitate or in speed contest or exhibition of speed.
Engaging in speed contests and exhibitions of speed are misdemeanors, punishable by imprisonment in a county jail for not more than 90 days, by a fine up to $500, or by both. (Vehicle Code, §§ (a) & (c), 23109.25, & 40000.15.) Existing Vehicle Code sections allow officers to arrest and take a person into custody for directly engaging in speed contests and exhibitions of speed. If a person is taken into custody for these offenses, peace officers can remove and impound the vehicle used in the offense for up to 30 days. (Vehicle Code §§ (a) & (c), 23109.25, & 40000.15.) The vehicle used in the offense can also be impounded upon conviction, if the defendant is the registered owner, for 30 days. (Vehicle Code, § 23109 (h).)
Existing law also punishes those facilitate or aid or as an incident to any motor vehicle speed contest or exhibition of speed, in any manor obstruct or places a barricade or obstruction on the street or offstreet parking facility.(Vehicle Code § 23109(d).) This offense is a misdemeanor, punishable by imprisonment in a county jail for not more than 90 days, by a fine up to $500, or by both. For this offense whether the person will be taken into custody, or released and given a notice to appear, is at the discretion of the arresting officer. (Vehicle Code, § 40303.) However, unlike those directly engaged, police cannot impound cars solely because they were driven by aiders and abettors.
This bill would authorize an officer to impound a person’s vehicle for aiding and abetting a speed contest or exhibition of speed by creating an obstruction, without booking that person into custody. The person can be cited and released but their vehicle will be impounded. As it currently reads, the bill does require that the removal or seizure be of a vehicle used to commit the violation so would appear to require the vehicle be what was used to make the obstruction and not some other barrier.
3. Constitutional questions raised by seizures
The Fourth Amendment guarantees the right against unreasonable searches and seizures, which applies to the states through the Fourteenth Amendment. (Soldal v. Cook County, Illinois (1992) 506 U.S. 56, 61; Verdun v. City of San Diego (9th Cir. 2022) 51 F.4th 1033, 1036.) It is undisputed that seizures occur when cars are impounded. (Miranda v. City of Cornelius (9th Cir. 2005) 429 F.3d 858, 862.) Hence, the seizure of a vehicle, even when authorized by state law, must be reasonable under the Fourth Amendment. (Ibid.) A seizure conducted without a warrant is per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well delineated exceptions. (Ibid; see also City of Los Angeles v. Patel (2015) 576 U.S. 409, 419.)
Here, the pertinent exception to the warrant requirement for vehicle impoundments is the Vehicular Community Caretaker Doctrine. The United States Supreme Court in Cady v. Dombrowski (1973) 413 U.S. 433, 441, first articulated the vehicular community caretaking exception, which allows police to seize and remove from the streets “vehicles impeding traffic or threatening public safety and convenience”. (Ibid.) The exception allows for the impoundment of cars actively posing a problem to the community’s welfare due to their location. The exception does not justify impoundments that do not address a present need under the vehicular community caretaking exception, courts have consistently emphasized the immediate public needs served thereby. (Miranda, supra, 429 F.3d at p. 863.) Thus, the impoundment under the community caretaking function does not depend on whether the officer had probable cause to believe that there was a violation, but on whether the impoundment fits within the authority of police to seize and remove from the streets vehicles presently impeding traffic or threatening public safety and convenience. (Miranda, supra, at p. 864.)
Ultimately, the decision to impound a vehicle must be reasonable and in furtherance of public benefit and public safety. This rule has been codified in California law; Vehicle Code section 22650 provides: “A removal […] is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.” (Vehicle Code § 22650 (b); see also S. Dakota v. Opperman (1976) 428 U.S. 364, 369, [noting police will impound automobiles that jeopardize both the public safety and the efficient movement of vehicular traffic]; see also People v. Williams (2006) 145 Cal.App.4th 756, 762–763 [tow served no community caretaking function where the car was legally parked, there was no particular possibility that the vehicle would be stolen, broken into, or vandalized, and the car did not pose hazard or impediment to other traffic]; Miranda, at p. 866 [an officer cannot reasonably order an impoundment in situations where the location of the vehicle does not create any need for the police to protect the vehicle or to avoid a hazard to other drivers].)
Do the warrantless impoundments that would be authorized by this bill fit in the community caretaking doctrine? If a person is arrested and taken into custody, impoundment could potentially be justifiable because leaving their car on the road could create a hazard to other drivers, or it could be a target of vandalism or theft. Given that this bill would allow for impoundment when the person was aiding and abetting (and not directly engaging in a speed contest or exhibition of speed), and that the person is, in the officer’s discretion, safe enough to be released and not taken into custody, does a community care taking rational justify impounding their car.
If the impoundment in this bill does not meet a community caretaking justification, are the impoundments intended to be purely punitive, punishing a person through the seizure of their property without their first being a conviction for the offense? Miranda court expressly rejected a deterrence rationale as justification for impoundment of a vehicle that was not “actually impeding traffic or threatening public safety and convenience on the streets.” (Miranda, supra, 429 F.3d at p. 865, quoting Opperman, supra, 428 U.S. at p. 369.) As the Ninth Circuit in Miranda explained, “While the Supreme Court has accepted a deterrence rationale for civil forfeitures of vehicles that were used for criminal activity, . . . the deterrence rationale is incompatible with the principles of the community caretaking doctrine. Unlike in civil forfeitures, where the seizure of property penalizes someone who has been convicted of a crime, the purpose of the community caretaking function is to remove vehicles that are presently impeding traffic or creating a hazard. The need to deter a driver’s unlawful conduct is by itself insufficient to justify a tow under the ‘caretaker’ rationale.” (Miranda, at p. 866; Sandoval v. Cnty. of Sonoma (9th Cir. 2018) 912 F.3d 509, 516.) The Miranda court also expressed a concern that adopting a deterrence rationale “would expand the authority of the police to impound regardless of the violation, instead of limiting officers’ discretion to ensure that they act consistently with their role of caretaker of the streets.” (Miranda, supra, 429 F.3d at p. 866.)
Further, this bill is also raises constitutional questions because it would allow peace officers to conduct warrantless vehicle searches, including searches of locked portions of the vehicle, like the trunk. (People v. Benites (1992) Cal.App.5th Dist. 1992 [the inevitable inventory search following impoundment is also proper].) This affects the guarantees Fourth Amendment, as it allows for warrantless searches and seizures of not only the automobile, but of the property therein. As the court has cautioned “we should not ignore that purported caretaking tows may also conceal a criminal law “investigatory motive.” (People v. Torres (2010) 188 Cal.App.4th 775, 790.) Indeed, this is not a speculative concern or cautionary tale---it the exact conduct the San Joaquin County Sheriff Patrick Withrow recently boasted about to CBS News, after 88 people had their cars impounded during a sideshow in Stockton:
The 88 people who had their cars impounded during a sideshow operation in Stockton over the weekend may never get them back. […]
That is because San Joaquin County Sheriff Patrick Withrow said they just got 88 warrants to search the 88 vehicles that are now securely locked away at the sheriff's office, and they are not just looking for evidence of drivers doing donuts. […]
They are looking in the vehicles to see if there is any contraband. Are there drugs? Are there guns? Is there any evidence of other crimes?’ […]
This could mean more charges than just misdemeanors. […]
It may take days or even weeks before the sheriff's office goes through every single one of the 88 vehicles. They will be video recording each search and may need to take fingerprints in some cases before they determine what each person will be charged with. […]
If you went to that sideshow and you ran because you didn't want to get caught by the police, but you left guns in the car or drugs, well, now you're facing possession of a firearm in the vehicle, possession of drugs. […]
Anytime these people come back here again and try to do this, we are going to be waiting for them and we are going to do the exact same thing,” Withrow said. […]
(CBS Sacramento, The 88 Cars Seized During Northern California Sideshow May Never Return To Owners (Feb. 7, 2024). Available at: <https://www.cbsnews.com/sacramento/news/88-cars-seized-during-stockton-sideshow-may-never-return-to-owners/> [as of March 23, 2024]; see also, Fox KTVU, California Sheriff Seeks To Destroy Cars Seized In Sideshows (Feb. 7, 2024) Available at: <https://www.ktvu.com/news/california-sheriff-seeks-to-destroy-cars-seized-in-sideshows> [as of March 23, 2024].)
4. Related legislation
AB 1978 (Sanchez) expands the list of offenses for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate to include a vehicle that was used in a speed contest or exhibition of speed.
5. Argument in Support
The California State Sheriffs’ Association supports for this bill:
Despite recent statutes signed into law, street racing has escalated in some communities across California. This illegal activity sometimes has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. Oftentimes, law enforcement officials find illegal drugs and firearms at these outlawed sideshows or street races.
This proposal reinforces current laws by allowing law enforcement to impound a vehicle that is used to aid and abet street races without taking the owner of the vehicle into custody. AB 1978 will provide an added deterrent to participating in illegal street racing by providing law enforcement with an additional tool.
6. Argument in Opposition
ACLU California Action opposes this bill:
AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more. But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500.2 When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code sections 23109(b-d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
By establishing a blunt, overbroad tool to seize Californians’ vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following a state law, if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions.3 Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not exempted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
-- END –
SENATE COMMITTEE ON TRANSPORTATION
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: Hearing Date: 6/25/2024
Author: | Sanchez | ||
Version: | 6/12/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Bob Franzoia | ||
SUBJECT:
DIGEST: This bill would provide that a peace officer, who arrests a person, who, for the purpose of facilitating or aiding speed contests and exhibitions of speed, obstructs or places a barricade or assists or participates in placing a barrier or obstruction, is authorized to impound the vehicle used to commit the violation without taking the person into custody.
ANALYSIS:
Existing law:
- Provides that a person shall not, for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition upon a highway or in an offstreet 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 an offstreet parking facility. (VEC 23109)
Provides that a peace officer, who arrests a person, who, for the purpose of aiding and abetting speed contests and exhibitions of speed, is authorized to impound the vehicle used to commit the violation without taking the person into custody. (VEC 23109.3)
This bill:
- Would authorize a peace officer to remove a vehicle but not take a person into custody for a violation of:
- Obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility.
- Facilitating or aiding a motor vehicle speed contest or exhibition of speed in an offstreet parking facility.
COMMENTS:
- According to the author, “Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.”
- Double referred. This bill is double referred to the Senate Public Safety Committee.
- Author revision. This bill was previously co-authored by Assemblymember V. Fong.
Related Legislation:
AB 2186 (Wallis). Provides that a peace officer may immediately arrest and impound a vehicle if the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed that occurs in an offstreet parking facility. This bill is pending a hearing in this committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, there are no significant state costs associated with this bill.
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 19, 2024.)
SUPPORT:
California State Sheriffs' Association
City of Bakersfield
Los Angeles County Sheriff's Department
Visalia; City of
OPPOSITION:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1978
Author:(Vince Fong)
As Amended Ver:April 15, 2024
Majority vote
SUMMARY
Authorizes a peace officer to impound a vehicle without taking the driver into custody for aiding and abetting speed contests and exhibitions of speed.
Major Provisions
- Allows a peace officer to impound a vehicle if the officer arrests a person driving or in control of the vehicle and the officer does not take the person into custody for obstructing or placing a barricade upon a highway or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
- States that if a peace officer arrests a person for this offense, and seizes the vehicle used to commit the offense, the officer is not required to take the person into custody.
COMMENTS
According to the Author
"Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads through forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone that aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe."
Arguments in Support
According to the California Police Chiefs Association (CPCA), "Sideshows can be dangerous for pedestrians, other drivers and law enforcement, and California has seen a dramatic rise in this illegal activity in recent years. Most recently sideshows have escalated from street racing to property damage, violent altercations and even death on certain occasions, so much so that local law enforcement agencies like those in Sacramento and San Joaquin have taken extra measures to crack down on illegal activity."One recent sideshow in Stockton saw over 150 people detained and nearly 90 cars towed, but more must be done to curtail this growing problem."By allowing peace officers to impound vehicles without taking a person into custody, AB 1978 will provide law enforcement with a practical tool for deterring sideshows, curtailing speed exhibitions and protecting communities."
Arguments in Opposition
According to American Civil Liberties Union California Action, "Assembly Bill (AB) 1978, which would give police officers overbroad and unconstitutional authority to tow vehicles as a de facto punishment for anyone who they believe aided or abetted a sideshow or street race."AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more.1 But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500.2 When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Vehicle Code sections 23109(b-d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
"By establishing a blunt, overbroad tool to seize Californians' vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following a state law, if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions.3 Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not excepted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
"Our streets are made safer by implementing human-centered, environmental traffic designs and offering safe, legal places for car shows and racing, not by relying on punitive measures and abrogating people's constitutional rights."
FISCAL COMMENTS
According to the Assembly Appropriations, no significant state costs.
VOTES
ASM PUBLIC SAFETY: 5-0-3
YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes
ABS, ABST OR NV: Ting, Wilson, Zbur
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Juan Carrillo, Hart, Hoover, Jackson, Ortega, Papan, Sanchez, Ting, Valencia, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: April 15, 2024
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002871
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1978
Author:(Vince Fong) – As Amended Ver:April 15, 2024
Policy Committee: | Public Safety | Vote: | 5 - 0 |
Transportation | 15 - 0 | ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes a peace officer to impound a vehicle without taking the driver into custody for specified conduct that facilitates or aids a speed contest.
FISCAL EFFECT:
No significant state costs.
COMMENTS:
- Purpose. According to the author:
Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.
- Background. Under existing law, it is a misdemeanor to participate in or aid and abet a motor vehicle speed contest. Participating in a speed contest is punishable by imprisonment in county jail for up to 90 days, a fine of $500, or both. If a person is taken into custody for participating in a speed contest on a highway, a peace officer may remove and impound the vehicle used on the offense for up to 30 days. The vehicle may be impounded for another 30 days following the person’s conviction. Aiding and abetting a speed contest is subject to the same jail time and fine, but existing law does not permit an officer to impound someone’s vehicle if they aided and abetted a speed contest.
This bill permits an officer to impound a person’s vehicle, without taking the person into custody, for obstructing or placing a barricade or obstruction on a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest. Under the bill, an officer could impound the person’s car after arresting them at the scene and releasing them. The person need not be cited with a notice to appear, charged with a crime, or convicted of a crime to have their car impounded.
As noted in the analysis of this bill by the Assembly Committee on Transportation:
Recovering a vehicle after it has been towed is expensive. According to the 2019 Western Center on Law and Poverty report Towed into Debt, How Towing Practices in California Punish Poor People, the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499.
- Support and Opposition. Writing in support of this bill, the California State Sheriffs’ Association writes:
Despite recent statutes signed into law, street racing has escalated in some communities across California. This illegal activity sometimes has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. Oftentimes, law enforcement officials find illegal drugs and firearms at these outlawed sideshows or street races. This proposal reinforces current laws by allowing law enforcement to impound a vehicle that is used to aid and abet street races without taking the owner of the vehicle into custody. AB 1978 will provide an added deterrent to participating in illegal street racing by providing law enforcement with an additional tool.
In opposition, the Western Center on Law and Poverty writes:
AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low income and working households, the towing of a vehicle is often catastrophic…Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not excepted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 22, 2024
ASSEMBLY COMMITTEE ON TRANSPORTATION
Lori D. Wilson, Chair
ABPCA Bill Id:AB 1978 (
Author:Vince Fong) – As Amended Ver:April 15, 2024
SUBJECT: Vehicles: speed contests
SUMMARY: Authorizes a peace officer to impound a vehicle without taking the driver into custody for obstructing or placing a barricade upon a highway or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
EXISTING LAW:
- Provides that a person shall not engage in an exhibition of speed on a highway or in an offstreet parking facility. (Vehicle Code Section (VEH) 23109)
- Defines “exhibition of speed” as accelerating or driving at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else. (People v. Grier (1964) 226 Cal.App.2d 360, 364.)
- Defines “speed contest” as a motor vehicle race against another vehicle, a clock, or other timing device. (VEH 23109)
- Provides that a person shall not engage in a speed contest on a highway or in an offstreet parking facility. (VEH 23109)
- Allows a peace officer to immediately arrest and take into custody a person engaged in a speed contest, and to remove and impound the vehicle used in the offense for up to 30 days. (VEH 23109.2)
- Authorizes a peace officer to impound a vehicle for a period not to exceed 30 days upon the order of a magistrate for fleeing a peace officer or for reckless driving. (VEH 14602.7)
- Requires the impounding agency to notify the legal owner of the vehicle within two working days of the impoundment by certified mail at the address provided by the Department of Motor Vehicles. (VEH 14602.7)
- Provides that failure to notify the legal owner of the impoundment shall result in the impounding agency from charging for more than 15 days of the impoundment when the legal owner redeems the impounded vehicle. (VEH 14602.7)
- Requires the impounding agency to release the vehicle to the registered owner if the vehicle was stolen, the vehicle was subject to bailment and was driven by an employee of the business, or the peace officer reasonably believes that the registered owner was not the driver who fled the police. (VEH 14602.7)
- Provides that a vehicle shall not be released without a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or upon order of the court. (VEH 14602.7)
- Provides the opportunity for the owner of the vehicle to contest the impoundment in a poststorage hearing to determine the validity of the storage. (VEH 14602.7)
- Authorizes the magistrate to release the vehicle if 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. (VEH 14602.7)
- Authorizes a vehicle to be released before the impoundment period is over if the legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation or other licensed financial institution if they pay the costs of the towing and storage. (VEH 14602.7)
FISCAL EFFECT: Unknown
COMMENTS: SB 1758 (Kopp) Chapter 1221, Statutes of 1994 gave law enforcement a new tool to enforce vehicle code violations—the ability to impound someone’s vehicle for driving while unlicensed (DWU) or driving with a suspended license (DWS).
As a result of that law, the Department of Motor Vehicles (DMV), in conjunction with the National Highway Traffic Safety Administration commissioned a series of studies to evaluate the deterrence effect of impounding a vehicle. While a study on the general deterrent effect of the law “did not find compelling evidence of a general deterrent impact of vehicle impoundment and forfeiture on crashes for one of the main groups it targets,” another study on the specific deterrent effect found the law had a great impact on future traffic offenses.
The DMV report, An Evaluation of the Specific Deterrent Effect of Vehicle Impoundment on Suspended, Revoked and Unlicensed Drivers in California (DeYoung, 1997), found that first-time offenders who had their vehicles impounded for DWU or DWS saw a 23.8% drop in subsequent convictions for DWU or DWS. For repeat offenders, subsequent violations dropped 34.2%.
After SB 1758, the Legislature began expanding the violations for which a vehicle could be impounded. AB 2288 (Aguiar), Chapter 884, Statutes of 1996 expanded vehicle impoundments to include speed contests. SB 1489 (Perata) Chapter 411, Statutes of 2002, also known as the U’kendra K. Johnson Memorial Act, granted law enforcement the ability to impound a vehicle for reckless driving after Ms. Johnson was killed by a vehicle fleeing a sideshow. While existing law permits law enforcement to go to a magistrate to seek a 30-day impoundment for reckless driving or fleeing the police, the code section does not explicitly permit law enforcement to go to a judge to ask for an impoundment for a vehicle where the person is being charged with engaging in a speed contest or a motor vehicle exhibition of speed.
According to the author, “Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads by forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone who aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.”
During the COVID-19 pandemic lockdowns, cities saw an increase in street racing and sideshows, in part because there were fewer vehicles on the road. The California Highway Patrol (CHP) responded to 25,953 calls involving a motor vehicle speed contest or exhibition of speed in 2020, nearly 3,500 more calls than the prior year. In 2020, CHP cited 341 individuals with a violation of motor vehicle exhibition of speed, 141 more than the year before.
Citations and calls reporting speed racing and motor vehicle exhibitions of speed have continued to grow. In 2022, CHP received over 31,000 calls involving a motor vehicle speed contest or motor vehicle exposition of speed. That number dropped to 27,265 in 2023. CHP issued 1,487 citations for the two violations in 2022 and 2023.
Law enforcement has continued to get aggressive on arrests related to motor vehicle sideshows and is making statements that are out of compliance with the California Vehicle Code. For example, On February 5th of this year law, the San Joaquin County Sheriff’s Office detained more than 150 people and seized 88 vehicles present at the scene of a sideshow. The sheriff declared he would not return the vehicles and may crush them (California law only authorizes vehicles to be seized for up to 30 days, not indefinitely. Law enforcement also lacks the authority to crush the vehicles). Law enforcement in this case treated everyone present at the scene of the sideshow as an aider and abettor. One man even had his car impounded even after demonstrating to law enforcement he was simply on his way to work.
This bill would make it even easier for law enforcement to seize vehicles in massive sweeps by authorizing law enforcement officers to seize the vehicle without having to take the person into custody for a misdemeanor charge. Since this bill was heard in the Public Safety Committee the bill has been amended to only apply to aiders and abettors who obstruct or place a barricade upon a highway or an off-street parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
The California Police Chiefs, writing in support of this bill, argue According to the California Police Chiefs Association (CPCA), “Sideshows can be dangerous for pedestrians, other drivers, and law enforcement, and California has seen a dramatic rise in this illegal activity in recent years. Most recently sideshows have escalated from street racing to property damage, violent altercations, and even death on certain occasions, so much so that local law enforcement agencies like those in Sacramento and San Joaquin have taken extra measures to crack down on illegal activity.
One recent sideshow in Stockton saw over 150 people detained and nearly 90 cars towed, but more must be done to curtail this growing problem.
By allowing peace officers to impound vehicles without taking a person into custody, AB 1978 will provide law enforcement with a practical tool for deterring sideshows, curtailing speed exhibitions, and protecting communities.”
According to American Civil Liberties Union California Action, writing in opposition “Assembly Bill (AB) 1978, which would give police officers overbroad and unconstitutional authority to tow vehicles as a de facto punishment for anyone who they believe aided or abetted a sideshow or street race.
“AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low-income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people, a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more.1 But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500.2 When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code sections 23109(b-d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
By establishing a blunt, overbroad tool to seize Californians’ vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following state law if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions. Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not exempted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
Our streets are made safer by implementing human-centered, environmental traffic designs and offering safe, legal places for car shows and racing, not by relying on punitive measures and abrogating people’s constitutional rights.”
Recovering a vehicle after it has been towed is expensive. According to the 2019 Western Center on Law and Poverty report Towed into Debt, How Towing Practices in California Punish Poor People, the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual must also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle.
AB 3085 (Gipson) of 2024 also permits vehicles involved in a motor vehicle exhibition of speed or a motor vehicle speed contest to be towed. However, AB 3085 amends a statutes that requires a warrant to be issued by a magistrate for the tow. This bill authorizes law enforcement to seize the vehicles without a warrant.
Existing law permits law enforcement to remove vehicles engaged in a motor vehicle speed contest or exhibition of speed on a highway without a warrant. However, the courts have recently questioned warrantless impoundment. The United States Supreme Court in Cady v. Dombrowski (1973) 413 U.S. 433, 441, first articulated the vehicular community caretaking exception, which allows police to seize and remove from the streets “vehicles impeding traffic or threatening public safety and convenience”. (Ibid.) The exception allows for the impoundment of cars actively posing a problem to the community’s welfare due to their location. The exception does not justify impoundments that do not address a present need under the vehicular community caretaking exception, courts have consistently emphasized the immediate public needs served thereby. (Miranda, supra, 429 F.3d at p. 863.) Thus, the impoundment under the community caretaking function does not depend on whether the officer had probable cause to believe that there was a violation, but on whether the impoundment fits within the authority of police to seize and remove from the streets vehicles presently impeding traffic or threatening public safety and convenience. (Miranda, supra, at p. 864.)
Related legislation: AB 3085 (Gipson) of 2024 Expands the authority of a peace officer to impound a vehicle involved in a speed contest or exhibition of speed for no more than 30 days upon the order of a magistrate. That bill passed out of this committee and is currently pending in Assembly Public Safety Committee.
AB 2186 (V. Fong) of 2024 would allow a peace officer to arrest a person and impound a vehicle if the person was engaged in an exhibition of speed that occurs in an offstreet parking facility. AB 2186 is pending hearing in this committee.
AB 74 (Muratsuchi) of 2023 would have provided that a vehicle used in a sideshow or street takeover is a public nuisance which may be subject to forfeiture. AB 74 failed passage in Assembly Transportation Committee.
AB 822 (Alanis) of 2023 would include engaging in a motor vehicle speed contest or an exhibition of speed as offenses for which a peace officer may impound a vehicle pursuant to a court warrant. The hearing was cancelled at the request of the author in Assembly Public Safety Committee.
AB 2000 (Gabriel) Chapter 436, Statutes of 2022, made it a crime for a person to engage in a motor vehicle speed contest in an offstreet parking facility or an exhibition of speed in an offstreet parking facility, or to aid or abet therein.
AB 3 (V. Fong) Chapter 611, Statutes of 2021, allows a court to suspend a person’s driver’s license if they were convicted of a motor vehicle exhibition of speed and that charge stemmed from their participation in a motor vehicle sideshow.
AB 1407 (Friedman) of 2019 would have required a vehicle that is determined to have been involved in a speed contest to be impounded for 30 days, as specified. AB 1407 was vetoed.
AB 410 (Nazarian) of 2019 would have allowed a vehicle to be impound based on a declaration submitted by a police officer that a vehicle was involved in a motor vehicle sideshow. AB 410 failed passage in Assembly Public Safety Committee.
AB 2876 (Jones-Sawyer) Chapter 592, Statutes of 2018, clarifies that the protections against unreasonable seizures provided by the Fourth Amendment of the U.S. Constitution apply even when a vehicle is removed pursuant to an authorizing statute.
AB 2175 (Aguiar-Curry) Chapter 314, Statutes of 2018, among other things, allows impoundment of a vessel when an officer has probable cause to believe it was used in the commission of a crime.
SB 67 (Perata), Chapter 727, Statutes of 2007, reenacted provisions that were allowed to sunset that provide for vehicle impoundments when a person is arrested for reckless driving, exhibition of speed, or a speed contest.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs Association
California State Sheriffs' Association
Conor Lynch Foundation
So-Cal Families for Safe Streets
Street Racing Kills
Oppose
ACLU California Action
California Attorneys for Criminal Justice
Ella Baker Center for Human Rights
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Services for Prisoners With Children
Pacific Juvenile Defender Center
Western Center on Law & Poverty
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Date of Hearing: April 2, 2024
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON
Kevin McCarty, Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Authorizes a peace officer to impound a vehicle without taking the driver into custody for aiding and abetting speed contests and exhibitions of speed. Specifically, this bill:
- Allows a peace officer to impound a vehicle if the officer arrests a person driving or in control of the vehicle and the officer does not take the person into custody for the following offenses:
- Aiding or abetting in a speed contest;
- Aiding or abetting in an exhibition of speed; and,
- Obstructing or placing a barricade upon a highway or an offstreet parking facility for the purpose of facilitating or aiding a speed contest or exhibition of speed.
- States that if a peace officer arrests a person for any of the above-listed offenses, and seizes the vehicle used to commit those offenses, the officer is not required to take the person into custody.
EXISTING LAW:
- Guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and provides that no warrants shall issue, but upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the persons or things to be seized. (U.S. Const., 4th Amend.; Cal. Const. art I., § 13.)
- States that any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. (Veh. Code, § 22650, subd. (b).)
- Prohibits peace officers from removing a vehicle from a highway to any other place, except as provided in the Vehicle Code. (Veh. Code, § 22650, subd. (a).)
- Allows a peace officer to impound a vehicle under specified circumstances, including, among others, if an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by law, required or permitted to take, and does take, the person into custody. (Veh. Code, § 22651.)
- Defines “speed contest” as a motor vehicle race against another vehicle, a clock, or other timing device. (Veh. Code, § 23109, subd. (a).)
- Provides that a person shall not engage in a speed contest on a highway or in an offstreet parking facility. (Veh. Code, §§ 23109, subds. (a).)
- Allows a peace officer to immediately arrest and take into custody a person engaged in a speed contest, and to remove and impound the vehicle used in the offense for up to 30 days. (Veh. Code, § 23109.2, subd. (a)(2)(A).)
- Allows a peace officer or to impound a vehicle used by a person who was engaged in a speed contest if the person was arrested and taken into custody for that offense by a peace officer. (Pen. Code, § 22651.6.)
- Provides that a person shall not aid or abet in any speed contest on a highway or in an offstreet parking facility and shall not, for the purpose of facilitating or aiding or as an incident to any speed contest, in any manner, obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction on a highway or in an offstreet parking facility. (Veh. Code, §§ 23109 subds. (b) & (d).)
- Defines “exhibition of speed” as accelerating or driving at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else. (People v. Grier (1964) 226 Cal.App.2d 360, 364.)
- Provides that a person shall not engage in an exhibition of speed on a highway or in an offstreet parking facility. (Veh. Code, §§ 23109, subd. (c).)
- Allows a peace officer to immediately arrest and take into custody a person engaged in an exhibition of speed, and to remove and impound the vehicle used in the offense for up to 30 days. (Veh. Code, § 23109.2, subd. (a)(2)(D).)
- Provides that a person shall not aid or abet in an exhibition of speed on any highway or in an offstreet parking facility, or, for the purpose of facilitating or aiding or as an incident to any exhibition of speed, in any manner, obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction on a highway or in an offstreet parking facility. (Veh. Code, §§ 23109, subds. (c) & (d).)
- Defines “highway” as a way or place of whatever nature, publicly maintained and open to the public for vehicular travel. Highway includes street. (Veh. Code, § 360.)
- Defines “offstreet parking facility” as any public or private offstreet facility open to the public for parking vehicles where no fee is charged for the privilege to park. (Veh. Code, § 23109, subd. (l).)
- Provides that, to make an arrest, a peace officer must have probable cause that the person has committed a public offense in the officer’s presence. (Pen. Code, § 836.)
- Provides that, a peace officer may release from custody a person arrested without a warrant in specified circumstances, including, among others, when the officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. (Pen. Code, § 849, subd. (b).)
- Requires, when an arrest is made, the person arrested, if not otherwise released, to, without unnecessary delay, and, within 48 hours after arrest, excluding Sundays and holidays, be taken before the nearest magistrate. (Pen. Code, § 825, subd. (a).)
- States that when a person is arrested for participating in a speed contest or exhibition of speed, the arrested person shall, in the judgment of the arresting officer, either be given a 10 days’ notice to appear, or be taken before a magistrate without unnecessary delay. (Veh. Code, § 40303.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Illegal street racing is on the rise and it is eroding our sense of safety. Street racers take advantage of highways, parking lots, and roads through forcibly blocking other cars from using these roadways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike. AB 1978 will allow peace officers to seize a vehicle from someone that aids and abets street races without taking the owner of the vehicle into custody. This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe.”
- This Bill Only Applies to Aiders and Abettors, not Persons Directly Engaged in Exhibition of Speed and Speed Contests: Pursuant to Vehicle Code section 22651, the legislature has authorized vehicle seizures in a range of different circumstances. Section 22651, subdivision (h)(1), at issue in this bill, authorizes vehicle impoundment if an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer, by law, is required or permitted to take, and does take, the person into custody. This bill creates an exception to custody requirement for aiders and abettors of speed shows and exhibitions of speed.
Engaging in speed contests and exhibitions of speed are misdemeanors, punishable by imprisonment in a county jail for not more than 90 days, by a fine up to $500, or by both. (Veh. Code, §§ subds. (a) & (c), 23109.25, & 40000.15.) Existing Vehicle Code sections allow officers to arrest and take a person into custody for directly engaging in speed contests and exhibitions of speed. If a person is taken into custody for these offenses, peace officers can remove and impound the vehicle used in the offense for up to 30 days. (Veh. Code, §§ subds. (a) & (c), 23109.25, & 40000.15.) The vehicle used in the offense can also be impounded upon conviction, if the defendant is the registered owner, for 30 days. (Veh. Code, § 23109, subd. (h).)
Existing law also punishes those who aid and abet speed contests and exhibitions of speed. (Veh. Code, §§ subds. (b), (c), (d) & (i)(1), 40000.15.) These offenses are misdemeanors, punishable by imprisonment in a county jail for not more than 90 days, by a fine up to $500, or by both. For aiding and abetting, whether the person will be taken into custody, or released and given a notice to appear, is at the discretion of the arresting officer. (Veh. Code, § 40303.) However, unlike those directly engaged, police cannot impound cars solely because they were driven by aiders and abettors.
This bill would authorize an officer to impound a person’s vehicle for aiding and abetting a speed contest or exhibition of speed, without booking that person into custody. Notably, this bill would not require that the person be cited with a notice to appear, charged for a crime, or convicted of any criminal offense whatsoever, in order for law enforcement to impound their vehicle. For example, a person could be arrested at the scene of a sideshow, if an officer merely has probable cause[1] that they “aided and abetted,” their car could impounded by the officer, and the person could be released on the spot, with no further action taken. Otherwise put, this bill would allow officers to seize property even when an officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested, and even if the person did not drive in the sideshow. This is a draconian penalty that raises constitutional concerns for individuals not directly engaged in speed contests and exhibitions of speed.
- The Impoundments Authorized by This Bill are Unlikely to Withstand Constitutional Scrutiny: The Fourth Amendment guarantees the right against unreasonable searches and seizures, which applies to the states through the Fourteenth Amendment. (Soldal v. Cook County, Illinois (1992) 506 U.S. 56, 61; Verdun v. City of San Diego (9th Cir. 2022) 51 F.4th 1033, 1036.) It is undisputed that seizures occur when cars are impounded. (Miranda v. City of Cornelius (9th Cir. 2005) 429 F.3d 858, 862.) Hence, the seizure of a vehicle, even when authorized by state law, must be reasonable under the Fourth Amendment. (Ibid.) A seizure conducted without a warrant is per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well delineated exceptions. (Ibid; see also City of Los Angeles v. Patel (2015) 576 U.S. 409, 419.)
Here, the pertinent exception to the warrant requirement for vehicle impoundments is the Vehicular Community Caretaker Doctrine. The United States Supreme Court in Cady v. Dombrowski (1973) 413 U.S. 433, 441, first articulated the vehicular community caretaking exception, which allows police to seize and remove from the streets “vehicles impeding traffic or threatening public safety and convenience”. (Ibid.) The exception allows for the impoundment of cars actively posing a problem to the community’s welfare due to their location. The exception does not justify impoundments that do not address a present need under the vehicular community caretaking exception, courts have consistently emphasized the immediate public needs served thereby. (Miranda, supra, 429 F.3d at p. 863.) Thus, the impoundment under the community caretaking function does not depend on whether the officer had probable cause to believe that there was a violation, but on whether the impoundment fits within the authority of police to seize and remove from the streets vehicles presently impeding traffic or threatening public safety and convenience. (Miranda, supra, at p. 864.)
Ultimately, the decision to impound a vehicle must be reasonable and in furtherance of public benefit and public safety. This rule has been codified in California law; Vehicle Code section 22650 provides: “A removal […] is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.” (Veh. Code, § 22650, subd. (b); see also S. Dakota v. Opperman (1976) 428 U.S. 364, 369, [noting police will impound automobiles that jeopardize both the public safety and the efficient movement of vehicular traffic]; see also People v. Williams (2006) 145 Cal.App.4th 756, 762–763 [tow served no community caretaking function where the car was legally parked, there was no particular possibility that the vehicle would be stolen, broken into, or vandalized, and the car did not pose hazard or impediment to other traffic]; Miranda, at p. 866 [an officer cannot reasonably order an impoundment in situations where the location of the vehicle does not create any need for the police to protect the vehicle or to avoid a hazard to other drivers].)
Here, the warrantless impoundments that would be authorized by this bill do not fit in the community caretaking doctrine, and they would be per se unreasonable and unconstitutional. If a person is arrested and taken into custody, impoundment could potentially be justifiable because leaving their car on the road could create a hazard to other drivers, or it could be a target of vandalism or theft. Given that this bill would allow for impoundment when the person was aiding and abetting (and not directly engaging in a speed contest or exhibition of speed), and that the person is, in the officer’s discretion, safe enough to be released and not taken into custody, it is hard to justify a community care taking rational to impound their car.
Given that the impoundments in this bill does not have a community caretaking justification, it begs the question of whether the impoundments are intended to be purely punitive, punishing a person through the seizure of their property without their first being a conviction for the offense. This is notable given that the Miranda court expressly rejected a deterrence rationale as justification for impoundment of a vehicle that was not “actually impeding traffic or threatening public safety and convenience on the streets.” (Miranda, supra, 429 F.3d at p. 865, quoting Opperman, supra, 428 U.S. at p. 369.) As the Ninth Circuit in Miranda explained, “While the Supreme Court has accepted a deterrence rationale for civil forfeitures of vehicles that were used for criminal activity, . . . the deterrence rationale is incompatible with the principles of the community caretaking doctrine. Unlike in civil forfeitures, where the seizure of property penalizes someone who has been convicted of a crime, the purpose of the community caretaking function is to remove vehicles that are presently impeding traffic or creating a hazard. The need to deter a driver’s unlawful conduct is by itself insufficient to justify a tow under the ‘caretaker’ rationale.” (Miranda, at p. 866; Sandoval v. Cnty. of Sonoma (9th Cir. 2018) 912 F.3d 509, 516.) The Miranda court also expressed a concern that adopting a deterrence rationale “would expand the authority of the police to impound regardless of the violation, instead of limiting officers’ discretion to ensure that they act consistently with their role of caretaker of the streets.” (Miranda, supra, 429 F.3d at p. 866.)
Further, this bill is also constitutionally suspect because it would allow peace officers to conduct warrantless vehicle searches, including searches of locked portions of the vehicle, like the trunk. (People v. Benites (1992) Cal.App.5th Dist. 1992 [the inevitable inventory search following impoundment is also proper].) This affects the guarantees Fourth Amendment, as it allows for warrantless searches and seizures of not only the automobile, but of the property therein. As the court has cautioned “we should not ignore that purported caretaking tows may also conceal a criminal law “investigatory motive.” (People v. Torres (2010) 188 Cal.App.4th 775, 790.) Indeed, this is not a speculative concern or cautionary tale---it the exact conduct the San Joaquin County Sheriff Patrick Withrow recently boasted about to CBS News, after 88 people had their cars impounded during a sideshow in Stockton:
“The 88 people who had their cars impounded during a sideshow operation in Stockton over the weekend may never get them back. […]
“That is because San Joaquin County Sheriff Patrick Withrow said they just got 88 warrants to search the 88 vehicles that are now securely locked away at the sheriff's office, and they are not just looking for evidence of drivers doing donuts. […]
“‘They are looking in the vehicles to see if there is any contraband. Are there drugs? Are there guns? Is there any evidence of other crimes?’ […]
“This could mean more charges than just misdemeanors. […]
“It may take days or even weeks before the sheriff's office goes through every single one of the 88 vehicles. They will be video recording each search and may need to take fingerprints in some cases before they determine what each person will be charged with. […]
“If you went to that sideshow and you ran because you didn't want to get caught by the police, but you left guns in the car or drugs, well, now you're facing possession of a firearm in the vehicle, possession of drugs. […]
“‘Anytime these people come back here again and try to do this, we are going to be waiting for them and we are going to do the exact same thing,’ Withrow said. […]
(CBS Sacramento, The 88 Cars Seized During Northern California Sideshow May Never Return To Owners (Feb. 7, 2024). Available at: <https://www.cbsnews.com/sacramento/news/88-cars-seized-during-stockton-sideshow-may-never-return-to-owners/> [as of March 23, 2024]; see also, Fox KTVU, California Sheriff Seeks To Destroy Cars Seized In Sideshows (Feb. 7, 2024) Available at: <https://www.ktvu.com/news/california-sheriff-seeks-to-destroy-cars-seized-in-sideshows> [as of March 23, 2024].)
- This Bill Lacks Adequate Safeguards for Innocent Registered Owners: It is critical to recognize that vehicle tows are a significant intrusion on property rights that may seriously impact the lives of the owners. (SClement v. City of Glendale (9th Cir. 2008) 518 F.3d 1090, 1094 [“Normally, of course, removal of an automobile is a big deal, as the absence of one’s vehicle can cause serious disruption of life in twenty-first century America.”]; Stypmann v. City & Cnty. of San Francisco (9th Cir. 1977) 557 F.2d 1338, 1342–1343 [“The private interest in the uninterrupted use of an automobile is substantial. A person’s ability to make a living and his access to both the necessities and amenities of life may depend upon the availability of an automobile when needed.”].)
There is no requirement in this bill that the car impounded be owned by the person aiding and abetting the speed contest or sideshow. For example, this bill could apply to a family car borrowed by a juvenile. Because impounding a vehicle can have serious detrimental impacts, such as making it difficult for an individual to report to work or school, the seizures authorized by this proposal should be prudently considered.
Further, under existing law, when a car directly engaged in a speed contest or exhibition of speed is impounded, the registered and legal owner, or their agent, must be provided the opportunity for a storage hearing to determine the validity of the storage. (Veh. Code, § 23109.2 subd. (b).) In addition, the impounding agency is required to release the vehicle to the registered owner, if the vehicle is stolen, if the person was not authorized to operate the vehicle at the time of the commission of the offense, if the owner was not the driver or passenger, or was unaware that the car was being used for the offense. (Ibid.) This bill contains no such provisions for individuals who would have their vehicle impounded for aiding and abetting. As such, this bill lacks adequate safeguards for innocent registered owners, who have nothing to do with the exhibition of speed or speed contest. - As Drafted, this Bill Does Not Align with the Author’s Intent: According to the author, the intent of this bill is to “ensure that speed exhibitions will not continue in a different location once a street race has been dispersed.” However, arresting the driver, taking them into custody, and impounding their car, as is already allowed under existing law, ensures that the person will not be able to continue the street race in a different location, given that they will be physically confined. An officer concerned that someone will continue their lawless behavior after an arrest has other options, namely, booking the person into custody.
- Argument in Support: According to the California Police Chiefs Association (CPCA), “Sideshows can be dangerous for pedestrians, other drivers and law enforcement, and California has seen a dramatic rise in this illegal activity in recent years. Most recently sideshows have escalated from street racing to property damage, violent altercations and even death on certain occasions, so much so that local law enforcement agencies like those in Sacramento and San Joaquin have taken extra measures to crack down on illegal activity.
“One recent sideshow in Stockton saw over 150 people detained and nearly 90 cars towed, but more must be done to curtail this growing problem.
“By allowing peace officers to impound vehicles without taking a person into custody, AB 1978 will provide law enforcement with a practical tool for deterring sideshows, curtailing speed exhibitions and protecting communities.”
- Argument in Opposition: According to American Civil Liberties Union California Action, “Assembly Bill (AB) 1978, which would give police officers overbroad and unconstitutional authority to tow vehicles as a de facto punishment for anyone who they believe aided or abetted a sideshow or street race.
“AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low income and working households, the towing of a vehicle is often catastrophic. Retrieving a car after it has been towed is time-consuming and costly, and for many people a tow means total loss of their car. The tow and storage fees are often more than people can afford, and when an individual cannot pay the fees associated with the tow, the vehicle is sold at auction, resulting in the person permanently losing their car. According to a 2018 federal report, 46% of American adults lack the savings necessary to cover an unanticipated expense of $400 or more.1 But a report from the following year found that the average towing and storage fees in California for a vehicle that is held for just 3 days is nearly $500.2 When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. Someone in violation of Cal. Veh. Code sections 23109(b-d) can already be cited and fined $500 – adding tow costs and the potential loss of their vehicle based solely on the discretion of a police officer is an outsized and unjust punishment.
“By establishing a blunt, overbroad tool to seize Californians’ vehicles, AB 1978 is likely unconstitutional. Courts have made it clear that even if cities are following a state law, if the underlying tow violates the Constitution, cities can be held liable for their unconstitutional actions.3 Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. As written, AB 1978 allows officers to tow vehicles without a warrant, even though the vehicles they would be towing are not excepted from the warrant requirement. AB 1978 opens cities up to resource-intensive litigation and costly liability while encouraging them to violate the most fundamental rights of their citizens.
“Our streets are made safer by implementing human-centered, environmental traffic designs and offering safe, legal places for car shows and racing, not by relying on punitive measures and abrogating people’s constitutional rights.”
- Related Legislation:
- AB 2186 (V. Fong) would allow a peace officer to arrest a person and impound a vehicle if the person was engaged in an exhibition of speed that occurs in an offstreet parking facility. AB 2186 is pending hearing in Assembly Transportation Committee.
- AB 2215 (Bryan) would allow, when an arrest is made, a peace officer to release a person before taking them into custody, if the person is subsequently delivered or referred to a public health organization. AB 2215 is pending hearing in this committee.
- AB 3085 (Gipson) would increase the criminal penalties for exhibitions of speed and vehicle speed contests, as specified. AB 3095 is pending hearing in Assembly Transportation Committee.
- AB 2186 (V. Fong) would allow a peace officer to arrest a person and impound a vehicle if the person was engaged in an exhibition of speed that occurs in an offstreet parking facility. AB 2186 is pending hearing in Assembly Transportation Committee.
- Prior Legislation:
- AB 74 (Muratsuchi), of the 2023-2024 Legislative Session, would have provided that a vehicle used in a sideshow or street takeover is a public nuisance which may be subject to forfeiture. AB 74 failed passage in Assembly Transportation Committee.
- AB 822 (Alanis), of the 2023-2024 Legislative Session, would include engaging in a motor vehicle speed contest or an exhibition of speed as offenses for which a peace officer may impound a vehicle pursuant to a court warrant. The hearing was cancelled at the request of the author in this committee.
- AB 2546 (Nazarian), of the 2022-2023 Legislative Session, would have expanded the definition of a sideshow to include other public places open to vehicle traffic and private property. AB 2546 failed passage in Senate Public Safety Committee.
- AB 2000 (Gabriel), Chapter 436, Statutes of 2022, made it a crime for a person to engage in a motor vehicle speed contest in an offstreet parking facility or an exhibition of speed in an offstreet parking facility, or to aid or abet therein.
- AB 3 (V. Fong), Chapter 611, Statutes of 2021, allows a court to suspend a person’s driver’s license if they were convicted of a motor vehicle exhibition of speed and that charge stemmed from their participation in a motor vehicle sideshow.
- AB 1407 (Friedman), of the 2019-2020 Legislative Session, would have required a vehicle that is determined to have been involved in a speed contest to be impounded for 30 days, as specified. AB 1407 was vetoed.
- AB 410 (Nazarian), of the 2019-2020 Legislative Session, would have allowed a vehicle to be impound based on a declaration submitted by a police officer that a vehicle was involved in a motor vehicle sideshow. AB 410 failed passage in this committee.
- AB 2876 (Jones-Sawyer), Chapter 592, Statutes of 2018, clarifies that the protections against unreasonable seizures provided by the Fourth Amendment of the U.S. Constitution apply even when a vehicle is removed pursuant to an authorizing statute.
- AB 2175 (Aguiar-Curry), Chapter 314, Statutes of 2018, among other things, allows impoundment of a vessel when an officer has probable cause to believe it was used in the commission of a crime.
- AB 353 (Cedillo), Chapter 653, Statutes of 2011, requires law enforcement officers conducting a sobriety checkpoint to make reasonable attempts to identify the registered owner of a vehicle being driven by a person under the influence, and to release the vehicle to the owner or to obtain the owner’s consent to release the vehicle to a licensed driver by the end of the checkpoint.
- SB 67 (Perata), Chapter 727, Statutes of 2007, reenacted provisions that were allowed to sunset that provide for vehicle impoundments when a person is arrested for reckless driving, exhibition of speed, or a speed contest.
- AB 74 (Muratsuchi), of the 2023-2024 Legislative Session, would have provided that a vehicle used in a sideshow or street takeover is a public nuisance which may be subject to forfeiture. AB 74 failed passage in Assembly Transportation Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs Association
California State Sheriffs' Association
Opposition
ACLU California Action
California Attorneys for Criminal Justice
Ella Baker Center for Human Rights
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Services for Prisoners With Children
Pacific Juvenile Defender Center
Western Center on Law & Poverty, INC.
Analysis Prepared by:
Under Pen. Code section 836, peace officers need probable cause that the person to be arrested has committed a public offense in the officer’s presence. Probable cause to arrest exists if there was a “fair probability” or “substantial chance” that the person committed a crime. (See Illinois v. Gates (1983) 462 U.S. 213, 244; U.S. v. Brooks (9th Cir. 2004) 367 F.3d 1128, 1133-34.) ↑
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Floor
Senate Standing Committee on Public Safety
Assembly Floor
Assembly Standing Committee on Transportation
Assembly Standing Committee on Transportation
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):