SB 510, as amended, Hall. Speed contests: impounded vehicles.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days.
This bill would instead require a vehicle to be impounded pursuant to these provisions for 30 days. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill also would prohibit the operation of an impounded vehicle without first correcting any violationsbegin insert if the impounded vehicle is found to be in violation of any mechanical requirements or if mechanical violations areend insert found upon inspection. A violation of this provision would be punishable by imprisonment for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 23109 of the Vehicle Code is amended
2to read:
(a) A person shall not engage in a motor vehicle speed
4contest on a highway. As used in this section, a motor vehicle
5speed contest includes a motor vehicle race against another vehicle,
6a clock, or other timing device. For purposes of this section, an
7event in which the time to cover a prescribed route of more than
820 miles is measured, but the vehicle does not exceed the speed
9limits, is not a speed contest.
10(b) A person shall not aid or abet in any motor vehicle speed
11contest on any highway.
12(c) A person shall not engage in a motor vehicle exhibition of
13speed on a highway, and a person shall not aid or abet in a motor
14vehicle
exhibition of speed on any highway.
15(d) A person shall not, for the purpose of facilitating or aiding
16or as an incident to any motor vehicle speed contest or exhibition
17upon a highway, in any manner obstruct or place a barricade or
18obstruction or assist or participate in placing a barricade or
19obstruction upon any highway.
20(e) (1) A person convicted of a violation of subdivision (a) shall
21be punished by imprisonment in a county jail for not less than 24
22hours nor more than 90 days or by a fine of not less than three
23hundred fifty-five dollars ($355) nor more than one thousand
24dollars ($1,000), or by both that fine and imprisonment. That
25person shall also be required to perform 40 hours of community
26service. The court may order the privilege to operate a motor
27vehicle
suspended for 90 days to six months, as provided in
28paragraph (8) of subdivision (a) of Section 13352. The person’s
29privilege to operate a motor vehicle may be restricted for 90 days
P3 1to six months to necessary travel to and from that person’s place
2of employment and, if driving a motor vehicle is necessary to
3perform the duties of the person’s employment, restricted to driving
4in that person’s scope of employment. This subdivision does not
5interfere with the court’s power to grant probation in a suitable
6case.
7(2) If a person is convicted of a violation of subdivision (a) and
8that violation proximately causes bodily injury to a person other
9than the driver, the person convicted shall be punished by
10imprisonment in a county jail for not less than 30 days nor more
11than six months or by a fine of not less than five hundred dollars
12($500)
nor more than one thousand dollars ($1,000), or by both
13that fine and imprisonment.
14(f) (1) If a person is convicted of a violation of subdivision (a)
15for an offense that occurred within five years of the date of a prior
16offense that resulted in a conviction of a violation of subdivision
17(a), that person shall be punished by imprisonment in a county jail
18for not less than four days nor more than six months, and by a fine
19of not less than five hundred dollars ($500) nor more than one
20thousand dollars ($1,000).
21(2) If the perpetration of the most recent offense within the
22five-year period described in paragraph (1) proximately causes
23bodily injury to a person other than the driver, a person convicted
24of that second violation shall be imprisoned in a county jail for
25not
less than 30 days nor more than six months and by a fine of
26not less than five hundred dollars ($500) nor more than one
27thousand dollars ($1,000).
28(3) If the perpetration of the most recent offense within the
29five-year period described in paragraph (1) proximately causes
30serious bodily injury, as defined in paragraph (4) of subdivision
31(f) of Section 243 of the Penal Code, to a person other than the
32driver, a person convicted of that second violation shall be
33imprisoned in the state prison, or in a county jail for not less than
3430 days nor more than one year, and by a fine of not less than five
35hundred dollars ($500) nor more than one thousand dollars
36($1,000).
37(4) The court shall order the privilege to operate a motor vehicle
38of a person convicted under paragraph (1), (2), or
(3) suspended
39for a period of six months, as provided in paragraph (9) of
40subdivision (a) of Section 13352. In lieu of the suspension, the
P4 1person’s privilege to operate a motor vehicle may be restricted for
2six months to necessary travel to and from that person’s place of
3employment and, if driving a motor vehicle is necessary to perform
4the duties of the person’s employment, restricted to driving in that
5person’s scope of employment.
6(5) This subdivision does not interfere with the court’s power
7to grant probation in a suitable case.
8(g) If the court grants probation to a person subject to
9punishment under subdivision (f), in addition to subdivision (f)
10and any other terms and conditions imposed by the court, which
11may include a fine, the court shall impose as a condition of
12probation
that the person be confined in a county jail for not less
13than 48 hours nor more than six months. The court shall order the
14person’s privilege to operate a motor vehicle to be suspended for
15a period of six months, as provided in paragraph (9) of subdivision
16(a) of Section 13352 or restricted pursuant to subdivision (f).
17(h) (1) If a person is convicted of a violation of subdivision (a)
18and the vehicle used in the violation is registered to that person,
19the vehicle shall be impounded at the registered owner’s expense
20for 30 days.
21(2) A person shall not operate a vehicle impounded pursuant to
22paragraph (1) on any public highway or road ifbegin insert the impounded
23vehicle was also found to be in violation of a
mechanical
24requirement of this code, orend insert the vehicle is inspected pursuant to
25Section 2806 and found in violation of this codebegin insert,end insert without first
26correcting thebegin delete violation.end deletebegin insert violation as set forth in Sections 40610
27and 40611.end insert
28(i) A person who violates subdivision (b), (c), or (d), or
29paragraph (2) of subdivision (h), shall upon conviction of that
30violation be punished by imprisonment in a county jail for not
31more than 90 days, by a fine of not more than five hundred dollars
32($500), or by both that fine and imprisonment.
33(j) If a person’s privilege to operate a motor vehicle is restricted
34by a court pursuant to this section, the court shall clearly mark the
35restriction and the dates of the restriction on that person’s driver’s
36license and promptly notify the Department of Motor Vehicles of
37the terms of the restriction in a manner prescribed by the
38department. The Department of Motor Vehicles shall place that
39restriction in the person’s records in the Department of Motor
40Vehicles and enter the restriction on a license subsequently issued
P5 1by the Department of Motor Vehicles to that person during the
2period of the restriction.
3(k) The court may order that a person convicted under this
4section, who is to be punished by imprisonment in a county jail,
5be imprisoned on days other than days of regular employment of
6the person, as determined by the
court.
7(l) This section shall be known and may be cited as the Louis
8Friend Memorial Act.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution for certain
11costs that may be incurred by a local agency or school district
12because, in that regard, this act creates a new crime or infraction,
13eliminates a crime or infraction, or changes the penalty for a crime
14or infraction, within the meaning of Section 17556 of the
15Government Code, or changes the definition of a crime within the
16meaning of Section 6 of Article XIII B of the California
17Constitution.
18However, if the Commission on State Mandates determines that
19this act contains other costs mandated by
the state, reimbursement
20to local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
O
98