AB 2147, as amended, 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 wouldbegin insert alsoend insert
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.begin delete The bill would make additional conforming changes.end delete
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 other law, a city or a county
4may adopt an ordinance declaring a motor vehicle to be a public
5nuisance subject to seizure and an impoundment period of up to
630 days when the motor vehicle is used in the commission or
7attempted commission of an act that violates Section 266h or 266i
8of, or subdivision (h) of Section 374.3 of, the Penal Code, if the
9owner or operator of the vehicle has had a prior conviction for the
10same offense within the past three years. An ordinance adopted
11pursuant to this section may
incorporate any combination or all of
12these offenses. The vehicle may only be impounded pursuant to a
13valid arrest of the driver for a violation of one of these provisions.
14An ordinance adopted pursuant to this section shall, at a minimum,
15contain all of the following provisions:
16(a) Within two working days after impoundment, the
17impounding agency shall send a notice by certified mail, return
18receipt requested, to the legal owner of the vehicle, at the address
19obtained from the department, informing the owner that the vehicle
20has been impounded. The notice shall also include notice of the
21opportunity for a poststorage hearing to determine the validity of
22the storage or to determine mitigating circumstances establishing
23that the vehicle should be released. The impounding agency shall
24be prohibited from charging for more than five days’ storage if it
25fails to notify the legal owner within two working days after the
26impoundment when the legal
owner redeems the impounded
27vehicle. The impounding agency shall maintain a published
28telephone number that provides information 24 hours a day
29regarding the impoundment of vehicles and the rights of a legal
30owner and a registered owner to request a hearing. The notice shall
31include all of the following information:
32(1) The name, address, and telephone number of the agency
33providing the notice.
P3 1(2) The location of the place of storage and description of the
2vehicle, that shall include, if available, the model or make, the
3manufacturer, the license plate number, and the mileage.
4(3) The authority and purpose for the removal of the vehicle.
5(4) A statement that, in order to receive a poststorage hearing,
6the owners, or their agents, shall request the
hearing in person,
7writing, or by telephone within 10 days of the date appearing on
8the notice.
9(b) The poststorage hearing shall be conducted within 48 hours
10of the request, excluding weekends and holidays. The public
11agency may authorize one of its own officers or employees to
12conduct the hearing if that hearing officer is not the same person
13who directed the seizure of the vehicle.
14(c) Failure of the legal and the registered owners, or their agents,
15to request or to attend a scheduled hearing shall satisfy the
16poststorage hearing requirement.
17(d) The agency employing the person who directed the storage
18shall be responsible for the costs incurred for towing and storage
19if it is determined in the poststorage hearing that reasonable
20grounds for the storage are not established.
21(e) Any period during which a vehicle is subjected to storage
22under an ordinance adopted pursuant to this section shall be
23included as part of the period of impoundment.
24(f) The impounding agency shall release the vehicle to the
25registered owner or his or her agent prior to the end of the
26impoundment period under any of the following circumstances:
27(1) The driver of the impounded vehicle was arrested without
28probable cause.
29(2) The vehicle is a stolen vehicle.
30(3) The vehicle is subject to bailment and was driven by an
31unlicensed employee of a business establishment, including a
32parking service or repair garage.
33(4) The driver
of the vehicle is not the sole registered owner of
34the vehicle and the vehicle is being released to another registered
35owner of the vehicle who agrees not to allow the driver to use the
36vehicle until after the end of the impoundment period.
37(5) The registered owner of the vehicle was neither the driver
38nor a passenger of the vehicle at the time of the alleged violation,
39or was unaware that the driver was using the vehicle to engage in
40activities subject to Section 266h or 266i
of the Penal Code.
P4 1(6) A spouse, registered domestic partner, or other affected third
2party objects to the impoundment of the vehicle on the grounds
3that it would create a hardship if the subject vehicle is the sole
4vehicle in a household. The hearing officer shall release the vehicle
5where the hardship to a spouse, registered domestic partner, or
6other affected third party created by the impoundment of the subject
7vehicle, or the length of the impoundment, outweigh the
8seriousness and the severity of the act in which the vehicle was
9used.
10(g) Notwithstanding any provision of law, if a motor vehicle is
11released prior to the conclusion of the impoundment period because
12the driver was arrested without probable cause, neither the arrested
13person nor the registered owner of the motor vehicle shall be
14responsible for the towing and storage
charges.
15(h) Except as provided in subdivision (g), the registered owner
16or his or her agent shall be responsible for all towing and storage
17charges related to the impoundment.
18(i) A vehicle removed and seized under an ordinance adopted
19pursuant to this section shall be released to the legal owner of the
20vehicle or the legal owner’s agent prior to the end of the
21impoundment period if both of the following conditions are met:
22(1) The legal owner is a motor vehicle dealer, bank, credit union,
23acceptance corporation, or other licensed financial institution
24legally operating in this state, or is another person who is not the
25registered owner and holds a security interest in the vehicle.
26(2) The legal owner or the legal owner’s agent pays all towing
27and
storage fees related to the seizure and impoundment of the
28vehicle.
29(j) (1) No lien sale processing fees shall be charged to the legal
30owner who redeems the vehicle prior to the 15th day of the
31impoundment period. Neither the impounding authority nor any
32person having possession of the vehicle shall collect from the legal
33owner as described in paragraph (1) of subdivision (i), or the legal
34owner’s agent, any administrative charges imposed pursuant to
35Section 22850.5, unless the legal owner voluntarily requested a
36poststorage hearing.
37(2) A person operating or in charge of a storage facility where
38vehicles are stored pursuant to this section shall accept a valid
39bank credit card or cash for payment of towing, storage, and related
40fees by a legal or registered owner or the owner’s agent claiming
P5 1the vehicle. A credit card or debit card shall be in the name of
the
2person presenting the card. For purposes of this section, “credit
3card” is as defined in subdivision (a) of Section 1747.02 of the
4Civil Code. Credit card does not include a credit card issued by a
5retail seller.
6(3) A person operating or in charge of a storage facility
7described in paragraph (2) who violates paragraph (2) shall be
8civilly liable to the owner of the vehicle or the person who tendered
9the fees for four times the amount of the towing, storage, and
10related fees not to exceed five hundred dollars ($500).
11(4) A person operating or in charge of the storage facility
12described in paragraph (2) shall have sufficient funds on the
13premises of the primary storage facility during normal business
14hours to accommodate, and make change for, a reasonable
15monetary transaction.
16(5) Credit charges for towing and
storage services shall comply
17with Section 1748.1 of the Civil Code. Law enforcement agencies
18may include the costs of providing for payment by credit when
19making agreements with towing companies on rates.
20(6) A failure by a storage facility to comply with any applicable
21conditions set forth in this subdivision shall not affect the right of
22the legal owner or the legal owner’s agent to retrieve the vehicle
23if all conditions required of the legal owner or legal owner’s agent
24under this subdivision are satisfied.
25(k) (1) The legal owner or the legal owner’s agent shall present
26to the law enforcement agency, impounding agency, person in
27possession of the vehicle, or any person acting on behalf of those
28agencies, a copy of the assignment, as defined in subdivision (b)
29of Section 7500.1 of the Business and Professions Code, a release
30from the one responsible
governmental agency, only if required
31by the agency, a government-issued photographic identification
32card, and any one of the following as determined by the legal owner
33or the legal owner’s agent: a certificate of repossession for the
34vehicle, a security agreement for the vehicle, or title, whether or
35not paperless or electronic, showing proof of legal ownership for
36the vehicle. Any documents presented may be originals,
37photocopies, or facsimile copies, or may be transmitted
38electronically. The law enforcement agency, impounding agency,
39or other governmental agency, or any person acting on behalf of
40those agencies, shall not require any documents to be notarized.
P6 1The law enforcement agency, impounding agency, or any person
2acting on behalf of those agencies may require the agent of the
3legal owner to produce a photocopy or facsimile copy of its
4repossession agency license or registration issued pursuant to
5Chapter 11 (commencing with Section 7500) of Division 3 of the
6Business and Professions Code, or to
demonstrate, to the
7satisfaction of the law enforcement agency, impounding agency,
8or any person acting on behalf of those agencies that the agent is
9exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
10Business and Professions Code.
11(2) Administrative costs authorized under subdivision (a) of
12Section 22850.5 shall not be charged to the legal owner of the type
13specified in paragraph (1) of subdivision (i) who redeems the
14vehicle unless the legal owner voluntarily requests a poststorage
15hearing. A city, county, city and county, or state agency shall not
16require a legal owner or a legal owner’s agent to request a
17poststorage hearing as a requirement for release of the vehicle to
18the legal owner or the legal owner’s agent. The law enforcement
19agency, impounding agency, or other governmental agency, or
20any person acting on behalf of those agencies, shall not require
21any documents other than those specified in this paragraph. The
22legal
owner or the legal owner’s agent shall be given a copy of
23any documents he or she is required to sign, except for a vehicle
24evidentiary hold log book. The law enforcement agency,
25impounding agency, or any person acting on behalf of those
26agencies, or any person in possession of the vehicle, may
27photocopy and retain the copies of any documents presented by
28the legal owner or legal owner’s agent. The legal owner shall
29indemnify and hold harmless a storage facility from any claims
30arising out of the release of the vehicle to the legal owner or the
31legal owner’s agent and from any damage to the vehicle after its
32release, including the reasonable costs associated with defending
33any such claims.
34(l) A legal owner, who meets the requirements for release of a
35vehicle pursuant to subdivision (i), or the legal owner’s agent, shall
36not be required to request a poststorage hearing as a requirement
37for release of the vehicle to the legal owner or the legal
owner’s
38agent.
39(m) (1) A legal owner, who meets the requirements for release
40of a vehicle pursuant to subdivision (i), or the legal owner’s agent,
P7 1shall not release the vehicle to the registered owner of the vehicle
2or an agent of the registered owner, unless the registered owner is
3a rental car agency, until after the termination of the impoundment
4period.
5(2) Prior to relinquishing the vehicle, the legal owner may
6require the registered owner to pay all towing and storage charges
7related to the seizure and impoundment.
8(n) (1) A vehicle removed and seized pursuant to an ordinance
9adopted pursuant to this section shall be released to a rental car
10agency prior to the end of the impoundment period if the agency
11is either the legal owner or registered owner of the vehicle and
the
12agency pays all towing and storage fees related to the seizure and
13impoundment of the vehicle.
14(2) The owner of a rental vehicle that was seized under an
15ordinance adopted pursuant to this section may continue to rent
16the vehicle upon recovery of the vehicle. However, the rental car
17agency shall not rent another vehicle to the driver of the vehicle
18that was seized until the impoundment period has expired.
19(3) The rental car agency may require the person to whom the
20vehicle was rented to pay all towing and storage charges related
21to the seizure and impoundment.
Section 22659.7 is added to the Vehicle Code, to
24read:
Notwithstanding any other law, a motor vehicle is a
26public nuisance subject to seizure by a local law enforcement
27agency and an impoundment period of up to 30 days when the
28motor vehicle is used in the commission or attempted commission
29of a violation of subdivision (b) of Section 647 of the Penal Code
30by a person buying or attempting to buy sexual services if the
31owner or operator of the vehicle has had a prior conviction for the
32same offense within the past three years. The vehicle may only be
33impounded pursuant to a valid arrest by a local law enforcement
34agency of the driver for a violation of subdivision (b) of Section
35647 of the Penal Code for buying or attempting to buy sexual
36services. The following procedures shall apply:
37(a) Within two working days after impoundment, the
38impounding agency shall send a notice by certified mail, return
39receipt requested, to the legal owner of the vehicle, at the address
40obtained from the department, informing the owner that the vehicle
P8 1has been impounded. The notice shall also include notice of the
2opportunity for a poststorage hearing to determine the validity of
3the storage or to determine mitigating circumstances establishing
4that the vehicle should be released. The impounding agency shall
5be prohibited from charging for more than five days’ storage if
6the agency fails to notify the legal owner within two working days
7after the impoundment when the legal owner redeems the
8impounded vehicle. The impounding agency shall maintain a
9published telephone number that provides information 24 hours a
10day regarding the impoundment
of vehicles and the rights of a
11legal owner and a registered owner to request a hearing. The notice
12shall include all of the following information:
13(1) The name, address, and telephone number of the agency
14providing the notice.
15(2) The location of the place of storage and description of the
16vehicle that shall include, if available, the model or make, the
17manufacturer, the license plate number, and the mileage.
18(3) The authority and purpose for the removal of the vehicle.
19(4) A statement that, in order to receive a poststorage hearing,
20the owners, or their agents, shall request the hearing in person,
21writing, or by telephone within 10 calendar days of the date
22appearing
on the notice.
23(b) The poststorage hearing shall be conducted within 48 hours
24of the request, excluding weekends and holidays. The public
25agency may authorize one of its own officers or employees to
26conduct the hearing if that hearing officer is not the same person
27who directed the seizure of the vehicle or who arrested the
28defendant.
29(c) Failure of the legal and the registered owners, or their agents,
30to request or to attend a scheduled hearing shall satisfy the
31poststorage hearing requirement.
32(d) The agency employing the person who directed the storage
33of the vehicle shall be responsible for the costs incurred for towing
34and storage if it is determined in the poststorage hearing that
35reasonable grounds for the
storage are not established.
36(e) Any period during which a vehicle is subjected to storage
37pursuant to this section shall be included as part of the period of
38impoundment.
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.
O
98