BILL ANALYSIS Ó AB 1993 Page 1 ASSEMBLY THIRD READING AB 1993 (Ma) As Amended April 17, 2012 Majority vote TRANSPORTATION 8-2 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Blumenfield, | | |Blumenfield, Bonilla, | |Bradford, Charles | | |Buchanan, Eng, Carter, | |Calderon, Campos, Davis, | | |Norby, Solorio | |Gatto, Ammiano, Hill, | | | | |Lara, Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Jeffries, Miller |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Revises mandatory vehicle impoundment penalties for unlicensed drivers. Specifically, this bill : 1)Prohibits a peace officer from towing and impounding a vehicle driven by an unlicensed driver if the vehicle can be legally parked near the scene of the traffic stop and retrieved by a licensed driver within a reasonable amount of time. 2)Requires a peace officer to inform the unlicensed driver that the vehicle will not be towed or impounded if a licensed driver can retrieve the vehicle within a reasonable amount of time. 3)Authorizes a peace officer to use his or her discretion in allowing a licensed driver to appear to retrieve the vehicle. 4)Authorizes a peace officer to use his or her discretion and available resources in assisting the unlicensed driver in contacting a licensed driver to retrieve the vehicle. 5)Requires the licensed driver to present a valid driver's license and evidence of financial responsibility prior to assuming control over the vehicle. AB 1993 Page 2 6)Requires the registered owner of the vehicle to provide authorization before allowing a licensed driver to operate the car and to sign an agreement holding the police officer and his or her employer harmless for any harm or damage that might result. 7)Requires a peace officer to obtain the approval of a supervisory officer before towing and impounding a vehicle of an unlicensed driver and to list the name of the approving supervisor in the incident report. 8)Requires the release of an unlicensed driver's impounded vehicle upon presentation of the registered owner's or his or her agent's valid driver's license and proof of current vehicle registration or upon court order. 9)Makes related, conforming amendments. EXISTING LAW : 1)Authorizes a peace officer to impound for 30 days a vehicle driven by an unlicensed driver. 2)Requires a peace officer to impound, and subjects to forfeiture, a vehicle driven by an unlicensed driver who is the registered owner of the vehicle if that person has a previous misdemeanor conviction for operating a vehicle without a driver's license. 3)Authorizes local jurisdictions or a state agency to adopt a regulation, ordinance, or resolution establishing procedures for the release of a properly impounded vehicle and for imposing charges equal to their administrative costs. 4)Requires the Department of Motor Vehicles (DMV) to require an applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence is authorized under federal law. 5)Prohibits DMV from issuing an original driver's license or identification card of a person who does not submit satisfactory proof that the applicant's presence in the U.S. is authorized under federal law. AB 1993 Page 3 FISCAL EFFECT : According to the Assembly Appropriations Committee, this bill would result in negligible direct state costs. COMMENTS: Existing law authorizes police officers to impound and hold vehicles for 30 days when the vehicle that is stopped is being driven by unlicensed driver. The author cites that in most circumstances, when a driver commits a violation, they are cited and allowed to depart from the traffic stop with their vehicle. The author points out, however, that when an unlicensed driver is stopped, their vehicle is impounded for 30 days. The cost to retrieve these vehicles can be so substantial that in many cases the vehicle is simply never retrieved by the owner. This situation can add to the economic hardship for undocumented persons and their families, who the author states, are most often affected by these unfair impoundment practices. By introducing this legislation, the author intends to provide a more equitable standard by prohibiting the automatic 30 day impoundment of vehicles driven by unlicensed drivers and instead, allow unlicensed drivers to park the vehicle in a safe location and have a licensed driver come and retrieve it, where possible. The author notes that this bill would require the unlicensed driver and the licensed driver retrieving the vehicle to assume all responsibility in the event the vehicle injures someone. This bill provides for peace officer discretion regarding the amount of time given for a licensed driver to come and retrieve the vehicle as well as with regard to assisting the unlicensed driver in contacting the licensed driver. The bill also provides that if a vehicle of the unlicensed driver cannot be retrieved and must be towed and impounded, the vehicle can be immediately released to the registered owner if they present a valid driver's license, proof of current vehicle registration, and pay all required fees. The author notes that this bill is modeled after practices adopted by various California cities in response to recent Ninth U.S. Circuit Court of Appeals ruling upholding decisions that law enforcement cannot impound vehicles if the only offense is unlicensed driving. Specifically, the federal court recently upheld the Salazar v. City of Maywood, et al. (Ninth Circuit AB 1993 Page 4 Case No. Case: 08-56604) on appeal from Salazar v. Schwarzenegger (District Court Case No. CV07-01854). The 21 Salazar plaintiffs sued several municipalities (including the City and County of Los Angeles) and various state officials, claiming that plaintiffs' constitutional due process rights were violated when their vehicles were impounded and that the statutory scheme unfairly impacted undocumented immigrants. The author also claims that the practice of impounding vehicles of unlicensed drivers has resulted in lucrative income for some cities. In making this claim, the author points to an article published in the San Francisco Chronicle in 2009 that reports the City of Oakland impounded the vehicles of over 2,000 unlicensed drivers and in doing so generating revenues totaling over $288,000. Reports regarding towing and impounding associated with sobriety checkpoints show that many jurisdictions are making money from associated towing and impound fees. Opponents of this bill suggest that the penalty for driving without a license is warranted in order to protect Californians from the harm caused by unlicensed drivers. Some governmental entities have struggled with this policy, which they believe can lead to liability if it is not followed since municipalities can be sued if there is no impound and the car subsequently is driven and causes damage, or is damaged after the traffic stop. For example, recently, a suit was brought against Solano County for serious injuries suffered by a man when his trailer was struck by a vehicle driven by someone with a suspended license a sheriff failed to impound the unlicensed driver's vehicle during a traffic stop weeks before the accident. Opponents of this bill have also expressed concerns that driving without a license means that the driver is also driving without insurance, a practice that the state has identified as dangerous for other motorists, pedestrians and any individuals that may accompany the unlicensed driver. Opponents also note that existing law already provides various exemptions for unlicensed drivers and that this bill simply moves California one step closer to condoning vehicle operation without a valid license. Previous legislation: AB 353 (Cedillo) Chapter 653, Statutes of 2011, prohibits the impoundment of a vehicle stopped at a sobriety checkpoint if the driver's sole offense is the failure AB 1993 Page 5 to be properly licensed. SB 591 (Cedillo) of 2005, would have exempted from 30-day impoundment, the vehicle of a person who did not have a license because he or she could not meet the requirement that his or her presence in the U.S. was authorized by law. That bill died in the Senate policy committee. SB 675 (Cedillo) of 2005, would have declared the intent of the Legislature that law enforcement provides safe transportation for persons whose vehicles are seized in specified situations. That bill was vetoed by Governor Schwarzenegger who cited that the provisions of the bill intended to restrict law enforcement by mandating that transportation be provided in a specified manner. Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093 FN: 0003835