BILL NUMBER: AB 353 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2011
INTRODUCED BY Assembly Member Cedillo
FEBRUARY 10, 2011
An act to repeal Section 100.4 of the Streets and
Highways Code, relating to transportation. An act to
amend Section 2814.1 of, and to add Sections 2814.2 and 14602 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 353, as amended, Cedillo. Freeway construction.
Vehicles: checkpoints.
(1) Existing law authorizes the board of supervisors of a county
to establish, by ordinance, a combined vehicle inspection and
sobriety checkpoint program to check for violations of motor vehicle
exhaust standards and driving-under-the-influence (DUI) offenses.
Existing law authorizes a peace officer, whenever the peace
officer determines, among other things, that a person was driving a
vehicle without ever having been issued a driver's license, to
immediately arrest that person and cause the removal and seizure of
his or her vehicle for an impoundment period of 30 days, or, if the
person is currently without a valid driver's license, to remove the
vehicle for a shorter period of time upon issuance of a notice to
appear if the registered owner or the registered owner's agent
presents a currently valid driver's license and proof of current
vehicle registration, or upon order of the court.
This bill would authorize the Department of the California Highway
Patrol, and a city, county, and city and county, by ordinance or
resolution, to establish a sobriety checkpoint program on highways
within their respective jurisdictions to identify drivers who are in
violation of specified DUI offenses. The bill would require that the
program be conducted by the local governmental agency or department
with the primary responsibility for traffic law enforcement.
The bill would, notwithstanding other provisions of law, require
that a peace officer or any other authorized person not cause the
impoundment of a vehicle at a sobriety checkpoint, established
pursuant to these provisions or any other law, unless at least one of
a number of specified conditions applies. The bill would delete the
authority of the county board of supervisors to conduct a combined
vehicle inspection and sobriety checkpoint program.
(2) Existing law authorizes a peace officer to either immediately
arrest a person and cause the removal and seizure of the vehicle he
or she was operating or, if the vehicle is involved in a traffic
collision, cause the removal and seizure of the vehicle, without the
necessity of arresting the person, if the peace officer determines
that the person was driving the vehicle while his or her driving
privilege was suspended or revoked or without having been issued a
license.
Existing law subjects a vehicle to forfeiture as a nuisance if it
is driven on a highway by a driver with a suspended or revoked
license, or by an unlicensed driver, as specified. Existing law
requires a vehicle to be impounded for at least 30 days if its driver
is unable to produce a valid driver's license, except as specified.
The bill would authorize, the registered owner of the vehicle, or
the registered owner's agent, to retrieve a vehicle impounded
pursuant to a sobriety checkpoint program the following day, upon a
showing of proof of a currently valid driver's license and vehicle
registration.
Because this bill would expand the duties of local law enforcement
officials and the scope of an existing DUI checkpoint program, this
bill would impose a state-mandated local program. Because the failure
to comply with these provisions would constitute an infraction under
the Vehicle Code, the bill would also impose a state-mandated local
program, by creating a new crime.
(3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Transportation to enter
into an agreement prior to any closure of a city street or county
highway due to construction of a freeway with a city council or board
of supervisors having jurisdiction. Existing law provides an
exception to those provisions for a freeway segment within the
jurisdiction of the Los Angeles County Metropolitan Transportation
Authority, if specified requirements have been met, including that an
agreement with one or more counties and cities is not possible
because an impasse has existed for 10 or more years after an initial
route was adopted. Existing law requires the department to prepare an
environmental impact report and establish an outreach program, as
specified, for any freeway constructed pursuant to this exception.
This bill would repeal these provisions establishing an exception
for a freeway segment to be constructed without an agreement within
the jurisdiction of the Los Angeles County Metropolitan
Transportation Authority.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2814.1 of the
Vehicle Code is amended to read:
2814.1. (a) A board of supervisors of a county may, by ordinance,
establish, on highways under its jurisdiction, a combined
vehicle inspection and sobriety
checkpoint program to check for violations of Sections 27153 and
27153.5 and to identify drivers who are in violation of
Section 23140 or 23152 . The program shall be conducted by
the local agency or department with the primary responsibility for
traffic law enforcement.
(b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays
are posted requiring that stop.
(c) A county that elects to conduct the combined
program described under subdivision (a) may fund that
program through fine proceeds deposited with the county under Section
1463.15 of the Penal Code.
SEC. 2. Section 2814.2 is added to the
Vehicle Code , to read:
2814.2. (a) The Department of the California Highway Patrol may,
and the governing body of a city, county, or city and county may
adopt an ordinance or resolution to, establish, on highways under its
jurisdiction, a sobriety checkpoint program to identify drivers who
are in violation of Section 23140 or 23152. The program shall be
conducted by the local governmental agency or department with the
primary responsibility for traffic law enforcement.
(b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays
are posted requiring that stop.
(c) Notwithstanding Section 14602.6, Section 14607.6, or
subdivision (p) of Section 22651, a peace officer or any other
authorized person shall not cause the impoundment of a vehicle at a
sobriety checkpoint established pursuant to this section or any other
law, unless at least one of the following applies:
(1) The driver of the vehicle is suspected of driving in violation
of Section 14601, 14601.2, 14601.3, 14601.5, 23140, or 23152.
(2) The vehicle is subject to impoundment pursuant to Section
14602.7.
(3) There is probable cause to believe that the vehicle was used
as the means of committing a public offense, other than a violation
of Section 12500 or 14604.
(4) There is probable cause to believe that the vehicle is itself
evidence that tends to show that a crime has been committed or that
the vehicle contains evidence, that cannot readily be removed, that
tends to show that a crime has been committed, other than a violation
of Section 12500 or 14604.
(5) The driver of the vehicle is not driving with a valid driver's
license and none of the following apply:
(A) The driver is able to obtain a validly licensed driver to
drive the vehicle.
(B) (i) Notwithstanding Sections 12500 and 16020, the driver is
able to park or remove the vehicle in a manner that does not impede
traffic or threaten public safety until a validly licensed driver can
retrieve the car or until the checkpoint ends.
(ii) The state or local governmental agency that established or
conducted the checkpoint pursuant to subdivision (a) shall not be
liable for any claims related to the parking or removal of the
vehicle as described in clause (i).
(C) A peace officer, or a similarly authorized traffic enforcement
officer, is able to readily and lawfully remove the vehicle to a
place that does not impede traffic or threaten public safety.
(d) This section does not authorize a combined sobriety checkpoint
and vehicle inspection program.
SEC. 4. Section 14602 is added to the
Vehicle Code , to read:
14602. Notwithstanding subdivision (p) of Section 22651, the
registered owner of a vehicle impounded pursuant to Section 2814.2,
or the agent of the registered owner, may retrieve the vehicle the
following day after impoundment upon a showing of proof of a
currently valid driver's license and vehicle registration.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SECTION 1. Section 100.4 of the Streets and
Highways Code is repealed.