BILL NUMBER: SB 510 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 7, 2015
AMENDED IN SENATE MAY 6, 2015
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, subject to specified exceptions. 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, and would require that the violation be corrected
within 30 days of the release of the vehicle from impoundment. A
violation of these provisions 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 bill would
authorize, upon finding a violation of any mechanical requirements,
an officer to issue a notice to correct, and require the correction
to be made within 30 days of release of the vehicle from impoundment.
The bill would also require the vehicle to be released before the
30th day if the legal owner who is not the registered owner, holds a
security interest in the vehicle, presents foreclosu re
documents or an affidavit of repossession, and meets other specified
conditions.
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.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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.
(A) The 30-day period shall be reduced by the number of days, if
any, the vehicle was impounded pursuant to Section 23109.2.
(B) If the court finds that the vehicle to be impounded is the
only means of transportation for other members of the defendant's
family and impounding the vehicle will result in an undue hardship
for the family, the court may decline to order the vehicle impounded.
(2) Except to drive the vehicle to a location to make repairs, a
person shall not operate a vehicle that was 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 as
set forth in Sections 40610 and 40611. The correction shall be made
within 30 days of the date the vehicle was released from impoundment.
(2) If the impounded vehicle was 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, an
officer may, issue a notice to correct pursuant to Section 40303.5,
and correction of the violation as set forth in Sections 40610 and
40611 shall be made within 30 days of the date the vehicle was
released from impound. Upon correction, the violation issued pursuant
to 40303.5 shall be dismissed pursuant to Section 40522.
(3) A vehicle seized and impounded pursuant to paragraph (1) shall
be released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
(A) 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, not the
registered owner, holding a security interest in the vehicle.
(B) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. No lien sale
processing fees shall be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
(C) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
(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.
SEC. 2. If the Commission on State Mandates
determines that this act contains 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.