BILL NUMBER: SB 510	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2015

INTRODUCED BY   Senator Hall
    (   Coauthor:   Senator   Beall
  ) 

                        FEBRUARY 26, 2015

   An act to amend Section 23109 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   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 violations  if the impounded vehicle
is found to be in violation of any mechanical requirements or 
 if mechanical violations are  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 1.  Section 23109 of the Vehicle Code is amended to read:
   23109.  (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an event
in which the time to cover a prescribed route of more than 20 miles
is measured, but the vehicle does not exceed the speed limits, is not
a speed contest.
   (b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
   (c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.
   (d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
   (e) (1) A person convicted of a violation of subdivision (a) shall
be punished by imprisonment in a county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment. That person shall
also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (8) of subdivision (a)
of Section 13352. The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment. This subdivision does not interfere with the court's
power to grant probation in a suitable case.
   (2) If a person is convicted of a violation of subdivision (a) and
that violation proximately causes bodily injury to a person other
than the driver, the person convicted shall be punished by
imprisonment in a county jail for not less than 30 days nor more than
six months or by a fine of not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (f) (1) If a person is convicted of a violation of subdivision (a)
for an offense that occurred within five years of the date of a
prior offense that resulted in a conviction of a violation of
subdivision (a), that person shall be punished by imprisonment in a
county jail for not less than four days nor more than six months, and
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).
   (2) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes bodily
injury to a person other than the driver, a person convicted of that
second violation shall be imprisoned in a county jail for not less
than 30 days nor more than six months and by a fine of not less than
five hundred dollars ($500) nor more than one thousand dollars
($1,000).
   (3) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes
serious bodily injury, as defined in paragraph (4) of subdivision (f)
of Section 243 of the Penal Code, to a person other than the driver,
a person convicted of that second violation shall be imprisoned in
the state prison, or in a county jail for not less than 30 days nor
more than one year, and by a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
   (4) The court shall order the privilege to operate a motor vehicle
of a person convicted under paragraph (1), (2), or (3) suspended for
a period of six months, as provided in paragraph (9) of subdivision
(a) of Section 13352. In lieu of the suspension, the person's
privilege to operate a motor vehicle may be restricted for six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment.
   (5) This subdivision does not interfere with the court's power to
grant probation in a suitable case.
   (g) If the court grants probation to a person subject to
punishment under subdivision (f), in addition to subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months. The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (9) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
   (h) (1) If a person is convicted of a violation of subdivision (a)
and the vehicle used in the violation is registered to that person,
the vehicle shall be impounded at the registered owner's expense for
30 days.
   (2) A person shall not operate a vehicle impounded pursuant to
paragraph (1) on any public highway or road if  the impounded
vehicle was also found to be in violation of a   mechanical
requirement of this code, or  the vehicle is inspected pursuant
to Section 2806 and found in violation of this code  , 
without first correcting the  violation.  
violation as set forth in Sections 40610 and 40611. 
   (i) A person who violates subdivision (b), (c), or (d), or
paragraph (2) of subdivision (h), shall upon conviction of that
violation be punished by imprisonment in a county jail for not more
than 90 days, by a fine of not more than five hundred dollars ($500),
or by both that fine and imprisonment.
   (j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department. The Department of Motor Vehicles shall place that
restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on a license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
   (k) The court may order that a person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
   (  l  ) This section shall be known and may be cited as
the Louis Friend Memorial Act.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.