California Legislature—2015–16 Regular Session

Assembly Bill No. 2811

Introduced by Assembly Member Chávez

February 19, 2016

An act to amend Section 22659.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2811, as introduced, Chávez. Vehicles: nuisance abatement.

Existing law authorizes a city or county to adopt an ordinance declaring a motor vehicle to be a public nuisance subject to seizure and an impoundment of up to 30 days if the vehicle is used in the commission or attempted commission of the crimes of pimping, pandering, and soliciting, or agreeing to engage in, or engaging in, any act of 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 had a prior conviction for the same offense within the past 3 years.

This bill would revise this authority by deleting the requirement that the owner or operator of a vehicle convicted of illegal dumping have suffered a prior conviction for the illegal dumping offense. The bill would also remove the prior conviction requirement for the sex crimes described above if the victim is a minor or a victim of human trafficking, as defined. The bill would also make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 22659.5 of the Vehicle Code is amended
to read:

22659.5.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, begin delete a
city or a county end delete begin insert a city, county, or city and county end insert may adopt an
ordinance declaring a motor vehicle to be a public nuisance subject
to seizure and an impoundment period of up to 30 days begin delete when end delete begin insert if end insert
the motor vehicle is used in the commission or attempted
commission of an act that violates begin delete Section 266h or 266i of,
subdivision (h) of Section 374.3 of, or subdivision (b) of Section
647 of, the Penal Code, if the owner or operator of the vehicle has
had a prior conviction for the same offense within the past three
years. An ordinance adopted pursuant to this section may
incorporate any combination or all of these offenses. The vehicle
may only be impounded pursuant to a valid arrest of the driver for
a violation of one of these provisions. An ordinance adopted
pursuant to this section shall, at a minimum, contain all of the
following provisions: end delete begin insert any of the following sections and if the owner
or operator of the vehicle has within the immediately preceding
three years had a prior conviction for the same offense: end insert

begin insert

(1) Section 266h of the Penal Code.

end insert begin insert

(2) Section 266i of the Penal Code.

end insert begin insert

(3) Subdivision (b) of Section 647 of the Penal Code.

end insert begin insert

(b) Notwithstanding subdivision (a), a city, county, or city and
county may adopt an ordinance declaring a motor vehicle to be a
public nuisance subject to seizure and an impoundment period of
up to 30 days if the motor vehicle is used in the commission or
attempted commission of an act that violates Section 266h or 266i
of, or subdivision (b) of Section 647 of, the Penal Code, and the
arresting officer or agency has probable cause to believe that the
victim of any of these violations is a minor or a victim of human
trafficking, as defined in Section 236.1 of the Penal Code.

end insert begin insert

(c) A city, county, or city and county may adopt an ordinance
declaring a motor vehicle to be a public nuisance subject to seizure
and an impoundment period of up to 30 days if the motor vehicle
is used in the commission or attempted commission of an act that
violates subdivision (h) of Section 374.3 of the Penal Code.

end insert begin insert

(d) An ordinance adopted pursuant to this section may
incorporate any combination or all of the offenses specified in
subdivisions (a), (b), and (c). The vehicle may only be impounded
pursuant to a valid arrest of the driver for a violation of one of
these provisions.

end insert begin insert

(e) An ordinance adopted pursuant to this section shall, at a
minimum, contain all of the following provisions:

end insert begin delete

(a)

end delete

begin insert (1) end insert  Within two working days after impoundment, the
impounding agency shall send a notice by certified mail, return
receipt requested, to the legal owner of the vehicle, at the address
obtained from the department, informing the owner that the vehicle
has been impounded. The notice shall also include notice of the
opportunity for a poststorage hearing to determine the validity of
the storage or to determine mitigating circumstances establishing
that the vehicle should be released. The impounding agency begin delete shall
be end delete begin insert is end insert prohibited from charging for more than five days’ storage if
it fails to notify the legal owner within two working days after the
impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published
telephone number that provides information 24 hours a day
regarding the impoundment of vehicles and the rights of a legal
owner and a registered owner to request a hearing. The notice shall
include all of the following information:

begin delete

(1)

end delete

begin insert (A) end insert  The name, address, and telephone number of the agency
providing the notice.

begin delete

(2)

end delete

begin insert (B) end insert  The location of the place of storage and description of the
vehicle, that shall include, if available, the model or make, the
manufacturer, the license plate number, and the mileage.

begin delete

(3)

end delete

begin insert (C) end insert  The authority and purpose for the removal of the vehicle.

begin delete

(4)

end delete

begin insert (D) end insert  A statement that, in order to receive a poststorage hearing,
the owners, or their agents, shall request the hearing in person,
writing, or by telephone within 10 days of the date appearing on
the notice.

begin delete

(b)

end delete

begin insert (2) end insert  The poststorage hearing shall be conducted within 48 hours
of the request, excluding weekends and holidays. The public
agency may authorize one of its own officers or employees to
conduct the hearing if that hearing officer is not the same person
who directed the seizure of the vehicle.

begin delete

(c)

end delete

begin insert (3) end insert  Failure of the legal and the registered owners, or their agents,
to request or to attend a scheduled hearing shall satisfy the
poststorage hearing requirement.

begin delete

(d)

end delete

begin insert (4) end insert  The agency employing the person who directed the storage
shall be responsible for the costs incurred for towing and storage
if it is determined in the poststorage hearing that reasonable
grounds for the storage are not established.

begin delete

(e)

end delete

begin insert (5) end insert  Any period during which a vehicle is subjected to storage
under an ordinance adopted pursuant to this section shall be
included as part of the period of impoundment.

begin delete

(f)

end delete

begin insert (6) end insert  The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:

begin delete

(1)

end delete

begin insert (A) end insert  The driver of the impounded vehicle was arrested without
probable cause.

begin delete

(2)

end delete

begin insert (B) end insert  The vehicle is a stolen vehicle.

begin delete

(3)

end delete

begin insert (C) end insert  The vehicle is subject to bailment and was driven by an
unlicensed employee of a business establishment, including a
parking service or repair garage.

begin delete

(4)

end delete

begin insert (D) end insert  The driver of the vehicle is not the sole registered owner of
the vehicle and the vehicle is being released to another registered
owner of the vehicle who agrees not to allow the driver to use the
vehicle until after the end of the impoundment period.

begin delete

(5)

end delete

begin insert (E) end insert  The registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation,
or was unaware that the driver was using the vehicle to engage in
activities subject to Section 266h or 266i of, begin insert subdivision (h) of
Section 374.3 of, end insert or subdivision (b) of Section 647 of, the Penal
Code.

begin delete

(6)

end delete

begin insert (F) end insert  A spouse, registered domestic partner, or other affected third
party objects to the impoundment of the vehicle on the grounds
that it would create a hardship if the subject vehicle is the sole
vehicle in a household. The hearing officer shall release the vehicle
where the hardship to a spouse, registered domestic partner, or
other affected third party created by the impoundment of the subject
vehicle, or the length of the impoundment, outweigh the
seriousness and the severity of the act in which the vehicle was
used.

begin delete

(g)

end delete

begin insert (7) end insert  Notwithstanding any provision of law, if a motor vehicle is
released prior to the conclusion of the impoundment period because
the driver was arrested without probable cause, neither the arrested
person nor the registered owner of the motor vehicle begin delete shall be end delete begin insert is end insert
responsible for the towing and storage charges.

begin delete

(h)

end delete

begin insert (8) end insert  Except as provided in begin delete subdivision (g), end delete begin insert paragraph (7), end insert the
registered owner or his or her agent shall be responsible for all
towing and storage charges related to the impoundment.

begin delete

(i)

end delete

begin insert (9) end insert  A vehicle removed and seized under an ordinance adopted
pursuant to this section shall be released to the legal owner of the
vehicle or the legal owner’s agent prior to the end of the
impoundment period if both of the following conditions are met:

begin delete

(1)

end delete

begin insert (A) end insert  The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.

begin delete

(2)

end delete

begin insert (B) end insert  The legal owner or the legal owner’s agent pays all towing
and storage fees related to the seizure and impoundment of the
vehicle.

begin delete

(j) (1) 

end delete

begin insert (10) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert No lien sale processing fees shall be charged to the
legal owner who redeems the vehicle prior to the 15th day of the
impoundment period. Neither the impounding authority nor any
person having possession of the vehicle shall collect from the legal
owner as described in begin delete paragraph (1) of subdivision (i), end delete
begin insert subparagraph (A) of paragraph (9), end insert or the legal owner’s agent,
any administrative charges imposed pursuant to Section 22850.5,
unless the legal owner voluntarily requested a poststorage hearing.

begin delete

(2)

end delete

begin insert (B) end insert  A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner’s agent claiming
the vehicle. A credit card or debit card shall be in the name of the
person presenting the card. For purposes of this section, “credit
card” is as defined in subdivision (a) of Section 1747.02 of the
Civil Code. Credit card does not include a credit card issued by a
retail seller.

begin delete

(3)

end delete

begin insert (C) end insert  A person operating or in charge of a storage facility
described in begin delete paragraph (2) end delete begin insert subparagraph (B) end insert who violates
begin delete paragraph (2) end delete begin insert that subparagraph end insert shall be civilly liable to the owner
of the vehicle or the person who tendered the fees for four times
the amount of the towing, storage, and related fees not to exceed
five hundred dollars ($500).

begin delete

(4)

end delete

begin insert (D) end insert  A person operating or in charge of the storage facility
described in begin delete paragraph (2) end delete begin insert subparagraph (B) end insert shall have sufficient
funds on the premises of the primary storage facility during normal
business hours to accommodate, and make change for, a reasonable
monetary transaction.

begin delete

(5)

end delete

begin insert (E) end insert  Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies
may include the costs of providing for payment by credit when
making agreements with towing companies on rates.

begin delete

(6)

end delete

begin insert (F) end insert  A failure by a storage facility to comply with any applicable
conditions set forth in this begin delete subdivision end delete begin insert paragraph end insert shall not affect
the right of the legal owner or the legal owner’s agent to retrieve
the vehicle if all conditions required of the legal owner or legal
owner’s agent under this subdivision are satisfied.

begin delete

(k) (1) 

end delete

begin insert (11) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert The legal owner or the legal owner’s agent shall
present to the law enforcement agency, impounding agency, person
in possession of the vehicle, or any person acting on behalf of
those agencies, a copy of the assignment, as defined in subdivision
(b) of Section 7500.1 of the Business and Professions Code, a
release from the one responsible governmental agency, only if
required by the agency, a government-issued photographic
identification card, and any one of the following as determined by
the legal owner or the legal owner’s agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether or not paperless or electronic, showing proof of
legal ownership for the vehicle. Any documents presented may be
originals, photocopies, or facsimile copies, or may be transmitted
electronically. The law enforcement agency, impounding agency,
or other governmental agency, or any person acting on behalf of
those agencies, shall not require any documents to be notarized.
The law enforcement agency, impounding agency, or any person
acting on behalf of those agencies may require the agent of the
legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the
satisfaction of the law enforcement agency, impounding agency,
or any person acting on behalf of those agencies that the agent is
exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
Business and Professions Code.

begin delete

(2)

end delete

begin insert (B) end insert  Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in begin delete paragraph (1) of subdivision (i) end delete begin insert subparagraph (A) of
paragraph (9) end insert who redeems the vehicle unless the legal owner
voluntarily requests a poststorage hearing. A city, county, city and
county, or state agency shall not require a legal owner or a legal
owner’s agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner’s
agent. The law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this begin delete paragraph end delete begin insert subparagraph end insert . The legal owner or the legal
owner’s agent shall be given a copy of any documents he or she
is required to sign, except for a vehicle evidentiary hold log book.
The law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, or any person in possession of
the vehicle, may photocopy and retain the copies of any documents
presented by the legal owner or legal owner’s agent. The legal
owner shall indemnify and hold harmless a storage facility from
any claims arising out of the release of the vehicle to the legal
owner or the legal owner’s agent and from any damage to the
vehicle after its release, including the reasonable costs associated
with defending any such claims.

begin delete

(l)

end delete

begin insert (12) end insert  A legal owner, who meets the requirements for release of
a vehicle pursuant to begin delete subdivision (i), end delete begin insert paragraph (9), end insert or the legal
owner’s agent, shall not be required to request a poststorage hearing
as a requirement for release of the vehicle to the legal owner or
the legal owner’s agent.

begin delete

(m) (1) 

end delete

begin insert (13) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert A legal owner, who meets the requirements for release
of a vehicle pursuant to begin delete subdivision (i), end delete begin insert paragraph (9) end insert or the legal
owner’s agent, shall not release the vehicle to the registered owner
of the vehicle or an agent of the registered owner, unless the
registered owner is a rental car agency, until after the termination
of the impoundment period.

begin delete

(2)

end delete

begin insert (B) end insert  Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the seizure and impoundment.

begin delete

(n) (1) 

end delete

begin insert (14) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert A vehicle removed and seized pursuant to an ordinance
adopted pursuant to this section shall be released to a rental car
agency prior to the end of the impoundment period if the agency
is either the legal owner or registered owner of the vehicle and the
agency pays all towing and storage fees related to the seizure and
impoundment of the vehicle.

begin delete

(2)

end delete

begin insert (B) end insert  The owner of a rental vehicle that was seized under an
ordinance adopted pursuant to this section may continue to rent
the vehicle upon recovery of the vehicle. However, the rental car
agency shall not rent another vehicle to the driver of the vehicle
that was seized until the impoundment period has expired.

begin delete

(3)

end delete

begin insert (C) end insert  The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related
to the seizure and impoundment.