BILL NUMBER: SB 67 CHAPTERED
BILL TEXT
CHAPTER 727
FILED WITH SECRETARY OF STATE OCTOBER 14, 2007
APPROVED BY GOVERNOR OCTOBER 14, 2007
PASSED THE SENATE SEPTEMBER 5, 2007
PASSED THE ASSEMBLY AUGUST 30, 2007
AMENDED IN ASSEMBLY JUNE 28, 2007
INTRODUCED BY Senator Perata
(Coauthor: Senator Steinberg)
JANUARY 17, 2007
An act to repeal and add Section 23109.2 of the Vehicle Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 67, Perata. Vehicles: speed contests and reckless driving.
Existing law, as of January 1, 2007, allows a peace officer to
arrest and take into custody a person that a peace officer determines
was engaged in a motor vehicle speed contest and permits the peace
officer to cause the removal and seizure of the motor vehicle used in
the contest, in accordance with specified statutory procedures. A
vehicle impounded under these provisions is required to be impounded
for not more than 30 days, with specified exceptions. Existing law
permits the release of the motor vehicle prior to the end of the
impoundment period in specified circumstances. Existing law makes the
registered owner or his or her agent responsible for, among other
things, all towing and storage charges related to the impoundment and
any authorized administrative charges, except under specified
circumstances.
This bill, the U'Kendra K. Johnson Memorial Act, would extend
those provisions to persons engaged in reckless driving on a highway,
reckless driving in an offstreet parking facility, or an exhibition
of speed on a highway. It would require the impounding agency to
release the vehicle to the registered owner prior to the conclusion
of the impoundment period if the registered owner was neither the
driver nor a passenger in the vehicle at the time of the alleged
violation, or was unaware that the vehicle was being used to engage
in the prohibited activities.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23109.2 of the Vehicle Code is repealed.
SEC. 2. This act shall be known and may be cited as the U'Kendra
K. Johnson Memorial Act.
SEC. 3. Section 23109.2 is added to the Vehicle Code, to read:
23109.2. (a) (1) Whenever a peace officer determines that a
person was engaged in any of the activities set forth in paragraph
(2), the peace officer may immediately arrest and take into custody
that person and may cause the removal and seizure of the motor
vehicle used in that offense in accordance with Chapter 10
(commencing with Section 22650). A motor vehicle so seized may be
impounded for not more than 30 days.
(2) (A) A motor vehicle speed contest, as described in subdivision
(a) of Section 23109.
(B) Reckless driving on a highway, as described in subdivision (a)
of Section 23103.
(C) Reckless driving in an offstreet parking facility, as
described in subdivision (b) of Section 23103.
(D) Exhibition of speed on a highway, as described in subdivision
(c) of Section 23109.
(b) The registered and legal owner of a vehicle removed and seized
under subdivision (a) or their agents shall be provided the
opportunity for a storage hearing to determine the validity of the
storage in accordance with Section 22852.
(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650)
or any other provision of law, an impounding agency shall release a
motor vehicle to the registered owner or his or her agent prior to
the conclusion of the impoundment period described in subdivision (a)
under any of the following circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
(C) If the registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation
pursuant to subdivision (a), or was unaware that the driver was using
the vehicle to engage in any of the activities described in
subdivision (a).
(D) If the legal owner or registered owner of the vehicle is a
rental car agency.
(E) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
(2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (E) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of subdivision
(a) of Section 23109 nor the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor
vehicle be sold to satisfy those charges.
(d) A vehicle seized and removed under subdivision (a) shall be
released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. No lien sale
processing fees shall be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
(e) (1) The registered owner or his or her agent is responsible
for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person convicted of
engaging in the activities set forth in paragraph (2) of subdivision
(a) was not authorized by the registered owner of the motor vehicle
to operate the motor vehicle at the time of the commission of the
offense, the court shall order the convicted person to reimburse the
registered owner for any towing and storage charges related to the
impoundment, and any administrative charges authorized under Section
22850.5 incurred by the registered owner to obtain possession of the
vehicle, unless the court finds that the person convicted does not
have the ability to pay all or part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was rented to pay all towing
and storage charges related to the impoundment and any administrative
charges authorized under Section 22850.5 incurred by the rental car
agency in connection with obtaining possession of the vehicle.
(4) The owner is not liable for any towing and storage charges
related to the impoundment if acquittal or dismissal occurs.
(5) The vehicle may not be sold prior to the defendant's
conviction.
(6) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (c). Notwithstanding this
provision, nothing shall prohibit impounding agencies from making
prior payment arrangements to satisfy this requirement.
(f) Any period when a vehicle is subjected to storage under this
section shall be included as part of the period of impoundment
ordered by the court under subdivision (h) of Section 23109.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the public from the consequences of reckless
driving on a highway or in an offstreet parking facility and
exhibitions of speed on a highway at the earliest possible time, it
is necessary that this act take effect immediately.