BILL NUMBER: SB 125	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Emmerson

                        JANUARY 26, 2011

   An act to add Section 23304 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 125, as amended, Emmerson. Vehicles: toll highways or vehicular
crossings: evading toll payments: penalties.
   Existing law makes it unlawful for a person to evade or attempt to
evade the payment of tolls or other charges on a vehicular crossing
or toll highway and imposes a civil penalty for violation of this
law.
   This bill would authorize a law enforcement officer to impound, or
cause to be impounded, a vehicle that is registered to a chronic
evader of toll payments, as defined, until all outstanding tolls and
all required penalties are paid to the issuing agency.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23304 is added to the Vehicle Code, to read:
   23304.  (a) For purposes of this section, the following
definitions apply:
   (1) (A) "Chronic evader of toll payments" is  a person who
has been issued three or more notices of toll evasion for a
violation of subdivision (a) of Section 23302.5, over a designated
period of time, to which the registered owner has not responded by
paying the required toll and penalties.   either of the
following:  
   (i) A person who has been issued 76 or more notices of delinquent
toll evasion violations, pursuant to Section 40260.  
   (ii) A person who has been issued one or more notices of
delinquent toll evasion, pursuant to Section 40260, and whose vehicle
is not currently registered. 
    (B) For purposes of this section, a chronic evader of toll
payments does not include a registered owner of a trailer or
semitrailer that is used in connection with intermodal
transportation.
   (2) "Issuing agency" shall have the same meaning as provided in
subdivision (e) of Section 40250.
   (b) If a law enforcement officer discovers during a traffic
violation enforcement action that the vehicle is registered to a
chronic evader of toll payments, as defined in subdivision (a), the
officer may impound, or cause to be impounded, the vehicle until all
outstanding tolls and all required penalties imposed pursuant to
subdivision (b) of Section 23302.5 are paid to the issuing agency.
   (c) The removal and storage of a vehicle pursuant to this section
shall be consistent, to the extent possible, with the procedures for
removal and storage of a vehicle set forth in Article 2 (commencing
with Section 22850) of Chapter 10.
   (d) A notice of toll evasion violation shall inform the recipient
that repeated unpaid toll evasion violations will subject a vehicle
to impoundment pursuant to this section.