AB 74: Vehicles: street takeovers, sideshows, and racing.

This bill would make it a crime for a person to knowingly attend, participate in, or aid and abet the commission of, a vehicle sideshow or street takeover, as defined. The bill would make a violation of this offense punishable as a misdemeanor or felony if the person convicted is a performing driver, as specified. The bill would make a violation of this offense punishable as a misdemeanor if the person convicted is not a performing driver, including a spectator or passenger in a performing vehicle, as specified. The bill would, if the convicted person is a performing driver, authorize the court to have the performing vehicle impounded for up to 30 days and require the court to suspend the drivers license for 90 days to 6 months. The bill would impose 2 violation points against a drivers record for a conviction of this offense. The bill would change the commencement date of the above-mentioned license suspension provisions to January 1, 2024, and include the crimes of reckless driving and attending, participating, or aiding and abetting in a vehicle sideshow or street takeover in these provisions. The bill would additionally make it a crime for a person to operate a motor vehicle at any time when that persons driving privilege is suspended or revoked for a conviction of attending, participating, or aiding and abetting in a vehicle sideshow or street takeover, if the person has knowledge of the suspension or revocation. The bill would make a violation of this offense punishable as a misdemeanor, as specified. By creating new crimes and increasing punishments for existing crimes, this bill would impose a state-mandated local program.

(2)Existing law makes it a crime for a person, while operating a motor vehicle with the intent to evade, to willfully flee or otherwise attempt to evade a pursuing peace officers motor vehicle or bicycle if specified conditions exist. Existing law makes it a crime to drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property. Existing law authorizes a magistrate to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of a vehicle if presented with a peace officers affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officers presence in violation of an offense described above.

This bill would include the crimes of engaging in a motor vehicle speed contest or exhibition of speed and attending, participating, or aiding and abetting in a vehicle sideshow or street takeover in the list of offenses for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate.

(3)Existing law defines a nuisance, in part, as anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property and defines a public nuisance as one that affects an entire community, neighborhood, or a considerable number of persons at the same time. Existing law authorizes various remedies for nuisances, including a criminal action, civil action, or abatement.

This bill would provide that a vehicle used in the commission of a vehicle sideshow or street takeover is a public nuisance which may be subject to forfeiture upon the conviction of the operator of the vehicle. The bill would establish the procedures to serve notice of the intended forfeiture to the legal and registered owner of the vehicle, to file a claim opposing forfeiture, and for the forfeiture hearing. The bill would require the Attorney General or district attorney to prove, beyond a reasonable doubt, that the operator of the vehicle was convicted of this offense and the vehicle was used in the commission of the violation that gave rise to the underlying conviction. The bill would require the court to, if the burden of proof has been met and the court finds there is no undue hardship to a person other than the defendant, enter judgment in favor of the Attorney General or district attorney, declare the vehicle a public nuisance, and order the vehicle to be immediately forfeited to the state or local government entity, as specified. The bill would establish the procedures for the impoundment, sale, or disposal of a vehicle subject to forfeiture.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.