AB 2147, as introduced, Eggman. Vehicles: impoundment: prostitution.
Existing law authorizes a city, county, or city and county to adopt an ordinance declaring a motor vehicle to be a nuisance subject to an impoundment period of up to 30 days when the motor vehicle is involved in the commission of any one or more of specified crimes related to prostitution or illegal dumping of commercial quantities of waste matter upon a public or private highway or road if the owner or operator of the vehicle has had a prior conviction for the same offense within the past 3 years. Existing law requires the ordinance to include specified provisions related to notice, the payment of towing, storage, and administrative fees, the provision of a poststorage hearing, and the release of the impounded vehicle.
This bill would provide that a vehicle used in the commission of a crime related to prostitution by a person buying or attempting to buy sexual services is a nuisance subject to an impoundment period of up to 30 days. The bill would impose the same procedures for impoundment, storage, and release of the vehicle as are provided under the ordinance-authorizing provisions described above, without the requirement that an ordinance be passed in order to authorize local authorities to make use of the impounding authority. The bill would make additional conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 22659.5 of the Vehicle Code is amended
2to read:
Notwithstanding any otherbegin delete provision ofend delete law, a city
4or a county may adopt an ordinance declaring a motor vehicle to
5be a public nuisance subject to seizure and an impoundment period
6of up to 30 days when the motor vehicle is used in the commission
7or attempted commission of an act that violates Section 266h or
8266i of,begin insert orend insert subdivision (h) of Section 374.3 of,begin delete or subdivision (b) the Penal Code, if the owner or operator of the
9of Section 647 of,end delete
10vehicle has had a prior conviction for the same offense within the
11past three years. An ordinance adopted pursuant to this section
12may
incorporate any combination or all of these offenses. The
13vehicle may only be impounded pursuant to a valid arrest of the
14driver for a violation of one of these provisions. An ordinance
15adopted pursuant to this section shall, at a minimum, contain all
16of the following provisions:
17(a) Within two working days after impoundment, the
18impounding agency shall send a notice by certified mail, return
19receipt requested, to the legal owner of the vehicle, at the address
20obtained from the department, informing the owner that the vehicle
21has been impounded. The notice shall also include notice of the
22opportunity for a poststorage hearing to determine the validity of
23the storage or to determine mitigating circumstances establishing
24that the vehicle should be released. The impounding agency shall
25be prohibited from charging for more than five days’ storage if it
26fails to notify the legal owner within two working days after the
27impoundment when the legal
owner redeems the impounded
28vehicle. The impounding agency shall maintain a published
29telephone number that provides information 24 hours a day
30regarding the impoundment of vehicles and the rights of a legal
31owner and a registered owner to request a hearing. The notice shall
32include all of the following information:
P3 1(1) The name, address, and telephone number of the agency
2providing the notice.
3(2) The location of the place of storage and description of the
4vehicle, that shall include, if available, the model or make, the
5manufacturer, the license plate number, and the mileage.
6(3) The authority and purpose for the removal of the vehicle.
7(4) A statement that, in order to receive a poststorage hearing,
8the owners, or their agents, shall request the
hearing in person,
9writing, or by telephone within 10 days of the date appearing on
10the notice.
11(b) The poststorage hearing shall be conducted within 48 hours
12of the request, excluding weekends and holidays. The public
13agency may authorize one of its own officers or employees to
14conduct the hearing if that hearing officer is not the same person
15who directed the seizure of the vehicle.
16(c) Failure of the legal and the registered owners, or their agents,
17to request or to attend a scheduled hearing shall satisfy the
18poststorage hearing requirement.
19(d) The agency employing the person who directed the storage
20shall be responsible for the costs incurred for towing and storage
21if it is determined in the poststorage hearing that reasonable
22grounds for the storage are not established.
23(e) Any period during which a vehicle is subjected to storage
24under an ordinance adopted pursuant to this section shall be
25included as part of the period of impoundment.
26(f) The impounding agency shall release the vehicle to the
27registered owner or his or her agent prior to the end of the
28impoundment period under any of the following circumstances:
29(1) The driver of the impounded vehicle was arrested without
30probable cause.
31(2) The vehicle is a stolen vehicle.
32(3) The vehicle is subject to bailment and was driven by an
33unlicensed employee of a business establishment, including a
34parking service or repair garage.
35(4) The driver
of the vehicle is not the sole registered owner of
36the vehicle and the vehicle is being released to another registered
37owner of the vehicle who agrees not to allow the driver to use the
38vehicle until after the end of the impoundment period.
39(5) The registered owner of the vehicle was neither the driver
40nor a passenger of the vehicle at the time of the alleged violation,
P4 1or was unaware that the driver was using the vehicle to engage in
2activities subject to Section 266h or 266ibegin delete of, or subdivision (b) of begin insert
ofend insert the Penal Code.
3Section 647 of,end delete
4(6) A spouse, registered domestic partner, or other affected third
5party objects to the impoundment of the vehicle on the grounds
6that it would create a hardship if the subject vehicle is the sole
7vehicle in a household. The hearing officer shall release the vehicle
8where the hardship to a spouse, registered domestic partner, or
9other affected third party created by the impoundment of the subject
10vehicle, or the length of the impoundment, outweigh the
11seriousness and the severity of the act in which the vehicle was
12used.
13(g) Notwithstanding any provision of law, if a motor vehicle is
14released prior to the conclusion of the impoundment period because
15the driver was arrested without probable cause, neither the arrested
16person nor the registered owner of the motor vehicle shall be
17responsible for the towing and storage
charges.
18(h) Except as provided in subdivision (g), the registered owner
19or his or her agent shall be responsible for all towing and storage
20charges related to the impoundment.
21(i) A vehicle removed and seized under an ordinance adopted
22pursuant to this section shall be released to the legal owner of the
23vehicle or the legal owner’s agent prior to the end of the
24impoundment period if both of the following conditions are met:
25(1) The legal owner is a motor vehicle dealer, bank, credit union,
26acceptance corporation, or other licensed financial institution
27legally operating in this state, or is another person who is not the
28registered owner and holds a security interest in the vehicle.
29(2) The legal owner or the legal owner’s agent pays all towing
30and
storage fees related to the seizure and impoundment of the
31vehicle.
32(j) (1) No lien sale processing fees shall be charged to the legal
33owner who redeems the vehicle prior to the 15th day of the
34impoundment period. Neither the impounding authority nor any
35person having possession of the vehicle shall collect from the legal
36owner as described in paragraph (1) of subdivision (i), or the legal
37owner’s agent, any administrative charges imposed pursuant to
38Section 22850.5, unless the legal owner voluntarily requested a
39poststorage hearing.
P5 1(2) A person operating or in charge of a storage facility where
2vehicles are stored pursuant to this section shall accept a valid
3bank credit card or cash for payment of towing, storage, and related
4fees by a legal or registered owner or the owner’s agent claiming
5the vehicle. A credit card or debit card shall be in the name of
the
6person presenting the card. For purposes of this section, “credit
7card” is as defined in subdivision (a) of Section 1747.02 of the
8Civil Code. Credit card does not include a credit card issued by a
9retail seller.
10(3) A person operating or in charge of a storage facility
11described in paragraph (2) who violates paragraph (2) shall be
12civilly liable to the owner of the vehicle or the person who tendered
13the fees for four times the amount of the towing, storage, and
14related fees not to exceed five hundred dollars ($500).
15(4) A person operating or in charge of the storage facility
16described in paragraph (2) shall have sufficient funds on the
17premises of the primary storage facility during normal business
18hours to accommodate, and make change for, a reasonable
19monetary transaction.
20(5) Credit charges for towing and
storage services shall comply
21with Section 1748.1 of the Civil Code. Law enforcement agencies
22may include the costs of providing for payment by credit when
23making agreements with towing companies on rates.
24(6) A failure by a storage facility to comply with any applicable
25conditions set forth in this subdivision shall not affect the right of
26the legal owner or the legal owner’s agent to retrieve the vehicle
27if all conditions required of the legal owner or legal owner’s agent
28under this subdivision are satisfied.
29(k) (1) The legal owner or the legal owner’s agent shall present
30to the law enforcement agency, impounding agency, person in
31possession of the vehicle, or any person acting on behalf of those
32agencies, a copy of the assignment, as defined in subdivision (b)
33of Section 7500.1 of the Business and Professions Code, a release
34from the one responsible
governmental agency, only if required
35by the agency, a government-issued photographic identification
36card, and any one of the following as determined by the legal owner
37or the legal owner’s agent: a certificate of repossession for the
38vehicle, a security agreement for the vehicle, or title, whether or
39not paperless or electronic, showing proof of legal ownership for
40the vehicle. Any documents presented may be originals,
P6 1photocopies, or facsimile copies, or may be transmitted
2electronically. The law enforcement agency, impounding agency,
3or other governmental agency, or any person acting on behalf of
4those agencies, shall not require any documents to be notarized.
5The law enforcement agency, impounding agency, or any person
6acting on behalf of those agencies may require the agent of the
7legal owner to produce a photocopy or facsimile copy of its
8repossession agency license or registration issued pursuant to
9Chapter 11 (commencing with Section 7500) of Division 3 of the
10Business and Professions Code, or to
demonstrate, to the
11satisfaction of the law enforcement agency, impounding agency,
12or any person acting on behalf of those agencies that the agent is
13exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
14Business and Professions Code.
15(2) Administrative costs authorized under subdivision (a) of
16Section 22850.5 shall not be charged to the legal owner of the type
17specified in paragraph (1) of subdivision (i) who redeems the
18vehicle unless the legal owner voluntarily requests a poststorage
19hearing. A city, county, city and county, or state agency shall not
20require a legal owner or a legal owner’s agent to request a
21poststorage hearing as a requirement for release of the vehicle to
22the legal owner or the legal owner’s agent. The law enforcement
23agency, impounding agency, or other governmental agency, or
24any person acting on behalf of those agencies, shall not require
25any documents other than those specified in this paragraph. The
26legal
owner or the legal owner’s agent shall be given a copy of
27any documents he or she is required to sign, except for a vehicle
28evidentiary hold log book. The law enforcement agency,
29impounding agency, or any person acting on behalf of those
30agencies, or any person in possession of the vehicle, may
31photocopy and retain the copies of any documents presented by
32the legal owner or legal owner’s agent. The legal owner shall
33indemnify and hold harmless a storage facility from any claims
34arising out of the release of the vehicle to the legal owner or the
35legal owner’s agent and from any damage to the vehicle after its
36release, including the reasonable costs associated with defending
37any such claims.
38(l) A legal owner, who meets the requirements for release of a
39vehicle pursuant to subdivision (i), or the legal owner’s agent, shall
40not be required to request a poststorage hearing as a requirement
P7 1for release of the vehicle to the legal owner or the legal
owner’s
2agent.
3(m) (1) A legal owner, who meets the requirements for release
4of a vehicle pursuant to subdivision (i), or the legal owner’s agent,
5shall not release the vehicle to the registered owner of the vehicle
6or an agent of the registered owner, unless the registered owner is
7a rental car agency, until after the termination of the impoundment
8period.
9(2) Prior to relinquishing the vehicle, the legal owner may
10require the registered owner to pay all towing and storage charges
11related to the seizure and impoundment.
12(n) (1) A vehicle removed and seized pursuant to an ordinance
13adopted pursuant to this section shall be released to a rental car
14agency prior to the end of the impoundment period if the agency
15is either the legal owner or registered owner of the vehicle and
the
16agency pays all towing and storage fees related to the seizure and
17impoundment of the vehicle.
18(2) The owner of a rental vehicle that was seized under an
19ordinance adopted pursuant to this section may continue to rent
20the vehicle upon recovery of the vehicle. However, the rental car
21agency shall not rent another vehicle to the driver of the vehicle
22that was seized until the impoundment period has expired.
23(3) The rental car agency may require the person to whom the
24vehicle was rented to pay all towing and storage charges related
25to the seizure and impoundment.
Section 22659.7 is added to the Vehicle Code, to read:
Notwithstanding any other law, a motor vehicle is a
28public nuisance subject to seizure by a local law enforcement
29agency and an impoundment period of up to 30 days when the
30motor vehicle is used in the commission or attempted commission
31of a violation of subdivision (b) of Section 647 of the Penal Code
32by a person buying or attempting to buy sexual services if the
33owner or operator of the vehicle has had a prior conviction for the
34same offense within the past three years. The vehicle may only be
35impounded pursuant to a valid arrest by a local law enforcement
36agency of the driver for a violation of subdivision (b) of Section
37647 of the Penal Code for buying or attempting to buy sexual
38services. The following procedures shall apply:
39(a) Within two working days after
impoundment, the
40impounding agency shall send a notice by certified mail, return
P8 1receipt requested, to the legal owner of the vehicle, at the address
2obtained from the department, informing the owner that the vehicle
3has been impounded. The notice shall also include notice of the
4opportunity for a poststorage hearing to determine the validity of
5the storage or to determine mitigating circumstances establishing
6that the vehicle should be released. The impounding agency shall
7be prohibited from charging for more than five days’ storage if
8the agency fails to notify the legal owner within two working days
9after the impoundment when the legal owner redeems the
10impounded vehicle. The impounding agency shall maintain a
11published telephone number that provides information 24 hours a
12day regarding the impoundment of vehicles and the rights of a
13legal owner and a registered owner to request a hearing. The notice
14shall include all of the following information:
15(1) The name, address, and telephone number of the agency
16providing the notice.
17(2) The location of the place of storage and description of the
18vehicle that shall include, if available, the model or make, the
19manufacturer, the license plate number, and the mileage.
20(3) The authority and purpose for the removal of the vehicle.
21(4) A statement that, in order to receive a poststorage hearing,
22the owners, or their agents, shall request the hearing in person,
23writing, or by telephone within 10 calendar days of the date
24appearing on the notice.
25(b) The poststorage hearing shall be conducted within 48 hours
26of the request, excluding weekends and holidays. The public
27agency may authorize one of its own officers or employees to
28conduct the hearing
if that hearing officer is not the same person
29who directed the seizure of the vehicle or who arrested the
30defendant.
31(c) Failure of the legal and the registered owners, or their agents,
32to request or to attend a scheduled hearing shall satisfy the
33poststorage hearing requirement.
34(d) The agency employing the person who directed the storage
35of the vehicle shall be responsible for the costs incurred for towing
36and storage if it is determined in the poststorage hearing that
37reasonable grounds for the storage are not established.
38(e) Any period during which a vehicle is subjected to storage
39pursuant to this section shall be included as part of the period of
40impoundment.
P9 1(f) The impounding agency shall release the vehicle to the
2registered owner or his or
her agent prior to the end of the
3impoundment period under any of the following circumstances:
4(1) The driver of the impounded vehicle was arrested without
5probable cause.
6(2) The vehicle is a stolen vehicle.
7(3) The vehicle is subject to bailment and was driven by an
8unlicensed driver employed by a business establishment, including
9a parking service or repair garage.
10(4) The driver of the vehicle is not the sole registered owner of
11the vehicle and the vehicle is being released to another registered
12owner of the vehicle who agrees not to allow the driver to use the
13vehicle until after the end of the impoundment period.
14(5) The registered owner of the vehicle was neither the driver
15nor a
passenger of the vehicle at the time of the alleged violation
16or was unaware that the driver was using the vehicle to engage in
17activities subject to subdivision (b) of Section 647 of the Penal
18Code.
19(6) A spouse, registered domestic partner, or other affected third
20party objects to the impoundment of the vehicle on the grounds
21that impounding the vehicle would create a hardship because the
22subject vehicle is the sole vehicle in a household. The hearing
23officer shall release the vehicle where the hardship to a spouse,
24registered domestic partner, or other affected third party created
25by the impoundment of the subject vehicle, or the length of the
26impoundment, outweigh the seriousness and the severity of the
27act in which the vehicle was used.
28(g) Notwithstanding any other law, if a motor vehicle is released
29prior to the conclusion of the impoundment period because the
30driver was
arrested without probable cause, neither the arrested
31person nor the registered owner of the motor vehicle shall be
32responsible for the towing and storage charges.
33(h) Except as provided in subdivision (g), the registered owner
34or his or her agent shall be responsible for all towing and storage
35charges related to the impoundment.
36(i) A vehicle removed and seized pursuant to this section shall
37be released to the legal owner of the vehicle or the legal owner’s
38agent prior to the end of the impoundment period if both of the
39following conditions are met:
P10 1(1) The legal owner is a motor vehicle dealer, bank, credit union,
2acceptance corporation, or other licensed financial institution
3legally operating in this state or is another person who is not the
4registered owner and holds a security interest in the vehicle.
5(2) The legal owner or the legal owner’s agent pays all towing
6and storage fees related to the seizure and impoundment of the
7vehicle.
8(j) (1) No lien sale processing fees shall be charged to the legal
9owner who redeems the vehicle prior to the 15th day of the
10impoundment period. Neither the impounding authority nor any
11person having possession of the vehicle shall collect from the legal
12owner, as described in paragraph (1) of subdivision (i), or the legal
13owner’s agent, any administrative charges imposed pursuant to
14Section 22850.5 unless the legal owner voluntarily requested a
15poststorage hearing.
16(2) A person operating or in charge of a storage facility where
17vehicles are stored pursuant to this section shall accept a valid
18bank credit card, debit card, or cash for payment of towing, storage,
19
and related fees by a legal or registered owner or the owner’s agent
20claiming the vehicle. A credit card or debit card shall be in the
21name of the person presenting the card. For purposes of this
22section, “credit card” is as defined in subdivision (a) of Section
231747.02 of the Civil Code. A credit card does not include a credit
24card issued by a retail seller.
25(3) A person operating or in charge of a storage facility
26described in paragraph (2) who violates paragraph (2) shall be
27civilly liable to the owner of the vehicle or the person who tendered
28the fees for four times the amount of the towing, storage, and
29related fees, not to exceed five hundred dollars ($500).
30(4) A person operating or in charge of the storage facility
31described in paragraph (2) shall have sufficient funds on the
32premises of the primary storage facility during normal business
33hours to accommodate, and make
change for, a reasonable
34monetary transaction.
35(5) Credit charges for towing and storage services shall comply
36with Section 1748.1 of the Civil Code. Law enforcement agencies
37may include the costs of providing for payment by credit when
38making agreements with towing companies on rates.
39(6) A failure by a storage facility to comply with any applicable
40conditions set forth in this subdivision shall not affect the right of
P11 1the legal owner or the legal owner’s agent to retrieve the vehicle
2if all conditions required of the legal owner or legal owner’s agent
3under this subdivision are satisfied.
4(k) (1) The legal owner or the legal owner’s agent shall present
5to the law enforcement agency, impounding agency, person in
6possession of the vehicle, or any person acting on behalf of those
7agencies, a copy of the assignment,
as defined in subdivision (b)
8of Section 7500.1 of the Business and Professions Code, a release
9from the one responsible governmental agency, only if required
10by the agency, a government-issued photographic identification
11card, and any one of the following as determined by the legal owner
12or the legal owner’s agent: a certificate of repossession for the
13vehicle, a security agreement for the vehicle, or title, whether or
14not paperless or electronic, showing proof of legal ownership for
15the vehicle. Any documents presented may be originals,
16photocopies, or facsimile copies or may be transmitted
17electronically. The law enforcement agency, impounding agency,
18or other governmental agency, or any person acting on behalf of
19those agencies, shall not require any documents to be notarized.
20The law enforcement agency, impounding agency, or any person
21acting on behalf of those agencies may require the agent of the
22legal owner to produce a photocopy or facsimile copy of its
23repossession agency license or registration
issued pursuant to
24Chapter 11 (commencing with Section 7500) of Division 3 of the
25Business and Professions Code, or to demonstrate, to the
26satisfaction of the law enforcement agency, impounding agency,
27or any person acting on behalf of those agencies that the agent is
28exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
29Business and Professions Code.
30(2) Administrative costs authorized under subdivision (a) of
31Section 22850.5 shall not be charged to the legal owner of the type
32specified in paragraph (1) of subdivision (i) who redeems the
33vehicle unless the legal owner voluntarily requests a poststorage
34hearing. A city, county, city and county, or state agency shall not
35require a legal owner or a legal owner’s agent to request a
36poststorage hearing as a requirement for release of the vehicle to
37the legal owner or the legal owner’s agent. The law enforcement
38agency, impounding agency, or other governmental agency, or
39any person
acting on behalf of those agencies, shall not require
40any documents other than those specified in this paragraph. The
P12 1legal owner or the legal owner’s agent shall be given a copy of
2any documents he or she is required to sign, except for a vehicle
3evidentiary hold log book. The law enforcement agency,
4impounding agency, or any person acting on behalf of those
5agencies, or any person in possession of the vehicle, may
6photocopy and retain the copies of any documents presented by
7the legal owner or legal owner’s agent. The legal owner shall
8indemnify and hold harmless a storage facility from any claims
9arising out of the release of the vehicle to the legal owner or the
10legal owner’s agent and from any damage to the vehicle after its
11release, including the reasonable costs associated with defending
12those claims.
13(l) A legal owner, who meets the requirements for release of a
14vehicle pursuant to subdivision (i), or the legal owner’s agent, shall
15not
be required to request a poststorage hearing as a requirement
16for release of the vehicle to the legal owner or the legal owner’s
17agent.
18(m) (1) A legal owner, who meets the requirements for release
19of a vehicle pursuant to subdivision (i), or the legal owner’s agent,
20shall not release the vehicle to the registered owner of the vehicle
21or an agent of the registered owner, unless the registered owner is
22a rental car agency, until after the termination of the impoundment
23period.
24(2) Prior to relinquishing the vehicle, the legal owner may
25require the registered owner to pay all towing and storage charges
26related to the seizure and impoundment.
27(n) (1) A vehicle removed and seized pursuant to this section
28shall be released to a rental car agency prior to the end of the
29impoundment period if the agency is either the
legal owner or
30registered owner of the vehicle and the agency pays all towing and
31storage fees related to the seizure and impoundment of the vehicle.
32(2) The owner of a rental vehicle that was seized pursuant to
33this section may continue to rent the vehicle upon recovery of the
34vehicle.
35(3) The rental car agency may require the person to whom the
36vehicle was rented to pay all towing and storage charges related
37to the seizure and impoundment.
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