SB 510,
as amended, Hall. Speedbegin delete contests:end deletebegin insert contests and reckless driving:end insert impounded vehicles.
Existing law makes it a crime to engage in a motor vehicle speed contest on a highway.begin insert Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days.end insert 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 wouldbegin delete instead require a vehicle to be impounded pursuant to these provisions for 30 days,end deletebegin insert
require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days,end insert subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill wouldbegin delete authorize,end deletebegin insert clarify that,end insert 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 foreclosure 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, 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:
begin insertSection 23103 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert
(a) A person who drives a vehicle upon a highway in
4willful or wanton disregard for the safety of persons or property
5is guilty of reckless driving.
6(b) A person who drives a vehicle in an offstreet parking
7facility, as defined in subdivision (c) of Section 12500, in willful
8or wanton disregard for the safety of persons or property is guilty
9of reckless driving.
10(c) Except as otherwise provided in Section 40008, persons
11convicted of the offense of reckless driving shall be punished by
12imprisonment in a county jail for not less than five days nor more
13than 90 days or by a fine of not less than one hundred forty-five
14dollars ($145) nor more than one thousand dollars ($1,000), or by
15both that fine
and imprisonment, except as provided in Section
1623104 or 23105.
P3 1(d) (1) If a person is convicted of a violation of subdivision (a)
2or (b) and the vehicle used in the violation is registered to that
3person, the vehicle shall be impounded at the registered owner’s
4expense for 30 days.
5(A) The 30-day period shall be reduced by the number of days,
6if any, the vehicle was impounded pursuant to Section 23109.2.
7(B) If the court finds that the vehicle to be impounded is the
8only means of transportation for other members of the defendant’s
9family and impounding the vehicle will result in an undue hardship
10for the family, the court may decline to order the vehicle
11impounded.
12(2) A vehicle seized and impounded pursuant to paragraph (1)
13shall be released to the legal owner of the vehicle, or the legal
14owner’s agent, on or before the 30th day of impoundment if all of
15the following conditions are met:
16(A) The legal owner is a motor vehicle dealer, bank, credit
17union, acceptance corporation, or other licensed financial
18institution legally operating in this state, or is another person, not
19the registered owner, holding a security interest in the vehicle.
20(B) The legal owner or the legal owner’s agent pays all towing
21and storage fees related to the impoundment of the vehicle. No
22lien sale processing fees shall be charged to a legal owner who
23redeems the vehicle on or before the 15th day of impoundment.
24(C) The legal owner or the
legal owner’s agent presents
25foreclosure documents or an affidavit of repossession for the
26vehicle.
Section 23109 of the Vehicle Code is amended to read:
(a) A person shall not engage in a motor vehicle speed
30contest on a highway. As used in this section, a motor vehicle
31speed contest includes a motor vehicle race against another vehicle,
32a clock, or other timing device. For purposes of this section, an
33event in which the time to cover a prescribed route of more than
3420 miles is measured, but the vehicle does not exceed the speed
35limits, is not a speed contest.
36(b) A person shall not aid or abet in any motor vehicle speed
37contest on any highway.
38(c) A person shall not engage in a motor vehicle exhibition of
39speed on a highway, and a person shall not aid or abet in a motor
40vehicle
exhibition of speed on any highway.
P4 1(d) A person shall not, for the purpose of facilitating or aiding
2or as an incident to any motor vehicle speed contest or exhibition
3upon a highway, in any manner obstruct or place a barricade or
4obstruction or assist or participate in placing a barricade or
5obstruction upon any highway.
6(e) (1) A person convicted of a violation of subdivision (a) shall
7be punished by imprisonment in a county jail for not less than 24
8hours nor more than 90 days or by a fine of not less than three
9hundred fifty-five dollars ($355) nor more than one thousand
10dollars ($1,000), or by both that fine and imprisonment. That
11person shall also be required to perform 40 hours of community
12service. The court may order the privilege to operate a motor
13vehicle
suspended for 90 days to six months, as provided in
14paragraph (8) of subdivision (a) of Section 13352. The person’s
15privilege to operate a motor vehicle may be restricted for 90 days
16to six months to necessary travel to and from that person’s place
17of employment and, if driving a motor vehicle is necessary to
18perform the duties of the person’s employment, restricted to driving
19in that person’s scope of employment. This subdivision does not
20interfere with the court’s power to grant probation in a suitable
21case.
22(2) If a person is convicted of a violation of subdivision (a) and
23that violation proximately causes bodily injury to a person other
24than the driver, the person convicted shall be punished by
25imprisonment in a county jail for not less than 30 days nor more
26than six months or by a fine of not less than five hundred dollars
27($500)
nor more than one thousand dollars ($1,000), or by both
28that fine and imprisonment.
29(f) (1) If a person is convicted of a violation of subdivision (a)
30for an offense that occurred within five years of the date of a prior
31offense that resulted in a conviction of a violation of subdivision
32(a), that person shall be punished by imprisonment in a county jail
33for not less than four days nor more than six months, and by a fine
34of not less than five hundred dollars ($500) nor more than one
35thousand dollars ($1,000).
36(2) If the perpetration of the most recent offense within the
37five-year period described in paragraph (1) proximately causes
38bodily injury to a person other than the driver, a person convicted
39of that second violation shall be imprisoned in a county jail
for
40not less than 30 days nor more than six months and by a fine of
P5 1not less than five hundred dollars ($500) nor more than one
2thousand dollars ($1,000).
3(3) If the perpetration of the most recent offense within the
4five-year period described in paragraph (1) proximately causes
5serious bodily injury, as defined in paragraph (4) of subdivision
6(f) of Section 243 of the Penal Code, to a person other than the
7driver, a person convicted of that second violation shall be
8imprisoned in the state prison, or in a county jail for not less than
930 days nor more than one year, and by a fine of not less than five
10hundred dollars ($500) nor more than one thousand dollars
11($1,000).
12(4) The court shall order the privilege to operate a motor vehicle
13of a person convicted under paragraph
(1), (2), or (3) suspended
14for a period of six months, as provided in paragraph (9) of
15subdivision (a) of Section 13352. In lieu of the suspension, the
16person’s privilege to operate a motor vehicle may be restricted for
17six months to necessary travel to and from that person’s place of
18employment and, if driving a motor vehicle is necessary to perform
19the duties of the person’s employment, restricted to driving in that
20person’s scope of employment.
21(5) This subdivision does not interfere with the court’s power
22to grant probation in a suitable case.
23(g) If the court grants probation to a person subject to
24punishment under subdivision (f), in addition to subdivision (f)
25and any other terms and conditions imposed by the court, which
26may include a fine, the court shall impose as a
condition of
27probation that the person be confined in a county jail for not less
28than 48 hours nor more than six months. The court shall order the
29person’s privilege to operate a motor vehicle to be suspended for
30a period of six months, as provided in paragraph (9) of subdivision
31(a) of Section 13352 or restricted pursuant to subdivision (f).
32(h) (1) If a person is convicted of a violation of subdivision (a)
33and the vehicle used in the violation is registered to that person,
34the vehicle shall be impounded at the registered owner’s expense
35for 30 days.
36(A) The 30-day period shall be reduced by the number of days,
37if any, the vehicle was impounded pursuant to Section 23109.2.
38(B) If the court finds
that the vehicle to be impounded is the
39only means of transportation for other members of the defendant’s
40family and impounding the vehicle will result in an undue hardship
P6 1for the family, the court may decline to order the vehicle
2impounded.
3(2) If the impounded vehicle was found to be in violation of a
4mechanical requirement of this code, or the vehicle is inspected
5pursuant to Section 2806 and found in violation of this code, an
6officerbegin delete may,end deletebegin insert mayend insert issue a notice to correct pursuant to Section
740303.5, and correction of the violation as set forth in Sections
840610 and 40611 shall be made within 30 days of the date the
9vehicle was released from impound. Upon correction, the
violation
10issued pursuant to 40303.5 shall be dismissed pursuant to Section
1140522.
12(3) A vehicle seized and impounded pursuant to paragraph (1)
13shall be released to the legal owner of the vehicle, or the legal
14owner’s agent, on or before the 30th day of impoundment if all of
15the following conditions are met:
16(A) The legal owner is a motor vehicle dealer, bank, credit
17union, acceptance corporation, or other licensed financial institution
18legally operating in this state, or is another person, not the
19registered owner, holding a security interest in the vehicle.
20(B) The legal owner or the legal owner’s agent pays all towing
21and storage fees related to the impoundment of the vehicle. No
22lien sale processing fees shall be
charged to a legal owner who
23redeems the vehicle on or before the 15th day of impoundment.
24(C) The legal owner or the legal owner’s agent presents
25foreclosure documents or an affidavit of repossession for the
26vehicle.
27(i) A person who violates subdivision (b), (c), orbegin delete (d),end deletebegin insert (d) end insert shall
28upon conviction of that violation be punished by imprisonment in
29a county jail for not more than 90 days, by a fine of not more than
30five hundred dollars ($500), or by both that fine and imprisonment.
31(j) If a person’s privilege to operate a motor vehicle is restricted
32by
a court pursuant to this section, the court shall clearly mark the
33restriction and the dates of the restriction on that person’s driver’s
34license and promptly notify the Department of Motor Vehicles of
35the terms of the restriction in a manner prescribed by the
36department. The Department of Motor Vehicles shall place that
37restriction in the person’s records in the Department of Motor
38Vehicles and enter the restriction on a license subsequently issued
39by the Department of Motor Vehicles to that person during the
40period of the restriction.
P7 1(k) The court may order that a person convicted under this
2section, who is to be punished by imprisonment in a county jail,
3be imprisoned on days other than days of regular employment of
4the person, as determined by the court.
5(l) This
section shall be known and may be cited as the Louis
6Friend Memorial Act.
begin insertSection 23109.2 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
8read:end insert
(a) (1) Whenever a peace officer determines that a
10person was engaged in any of the activities set forth in paragraph
11(2), the peace officer may immediately arrest and take into custody
12that person and may cause the removal and seizure of the motor
13vehicle used in that offense in accordance with Chapter 10
14(commencing with Section 22650). A motor vehicle so seized may
15be impounded for not more than 30 days.
16(2) (A) A motor vehicle speed contest, as described in
17subdivision (a) of Section 23109.
18(B) Reckless driving on a highway, as described in subdivision
19(a) of Section 23103.
20(C) Reckless driving in an offstreet parking facility, as described
21in subdivision (b) of Section 23103.
22(D) Exhibition of speed on a highway, as described in
23subdivision (c) of Section 23109.
24(b) The registered and legal owner of a vehicle removed and
25seized under subdivision (a) or their agents shall be provided the
26opportunity for a storage hearing to determine the validity of the
27storage in accordance with Section 22852.
28(c) (1) Notwithstanding Chapter 10 (commencing with Section
2922650) or any other provision of law, an impounding agency shall
30release a motor vehicle to the registered owner or his or her agent
31prior to the conclusion of the impoundment period described in
32subdivision (a) under any of the following
circumstances:
33(A) If the vehicle is a stolen vehicle.
34(B) If the person alleged to have been engaged in the motor
35vehicle speed contest, as described in subdivision (a), was not
36authorized by the registered owner of the motor vehicle to operate
37the motor vehicle at the time of the commission of the offense.
38(C) If the registered owner of the vehicle was neither the driver
39nor a passenger of the vehicle at the time of the alleged violation
40pursuant to subdivision (a), or was unaware that the driver was
P8 1using the vehicle to engage in any of the activities described in
2subdivision (a).
3(D) If the legal owner or registered owner of the vehicle is a
4rental car agency.
5(E) If, prior to the
conclusion of the impoundment period, a
6citation or notice is dismissed under Section 40500, criminal
7charges are not filed by the district attorney because of a lack of
8evidence, or the charges are otherwise dismissed by the court.
9(2) A vehicle shall be released pursuant to this subdivision only
10if the registered owner or his or her agent presents a currently valid
11driver’s license to operate the vehicle and proof of current vehicle
12registration, or if ordered by a court.
13(3) If, pursuant to subparagraph (E) of paragraph (1) a motor
14vehicle is released prior to the conclusion of the impoundment
15period, neither the person charged with a violation of subdivision
16(a) of Section 23109 nor the registered owner of the motor vehicle
17is responsible for towing and storage charges nor shall the motor
18vehicle be sold to satisfy those charges.
19(d) A vehicle seized and removed under subdivision (a) shall
20be released to the legal owner of the vehicle, or the legal owner’s
21agent, on or before the 30th day of impoundment if all of the
22following conditions are met:
23(1) The legal owner is a motor vehicle dealer, bank, credit union,
24acceptance corporation, or other licensed financial institution
25legally operating in this state, or is another person, not the
26registered owner, holding a security interest in the vehicle.
27(2) The legal owner or the legal owner’s agent pays all towing
28and storage fees related to the impoundment of the vehicle. No
29lien sale processing fees shall be charged to a legal owner who
30redeems the vehicle on or before the 15th day of impoundment.
31(3) The legal owner or the legal owner’s
agent presents
32foreclosure documents or an affidavit of repossession for the
33vehicle.
34(e) (1) The registered owner or his or her agent is responsible
35for all towing and storage charges related to the impoundment,
36and any administrative charges authorized under Section 22850.5.
37(2) Notwithstanding paragraph (1), if the person convicted of
38engaging in the activities set forth in paragraph (2) of subdivision
39(a) was not authorized by the registered owner of the motor vehicle
40to operate the motor vehicle at the time of the commission of the
P9 1offense, the court shall order the convicted person to reimburse
2the registered owner for any towing and storage charges related
3to the impoundment, and any administrative charges authorized
4under Section 22850.5 incurred by the registered owner to obtain
5possession of the vehicle, unless the court finds that the person
6
convicted does not have the ability to pay all or part of those
7charges.
8(3) If the vehicle is a rental vehicle, the rental car agency may
9require the person to whom the vehicle was rented to pay all towing
10and storage charges related to the impoundment and any
11administrative charges authorized under Section 22850.5 incurred
12by the rental car agency in connection with obtaining possession
13of the vehicle.
14(4) The owner is not liable for any towing and storage charges
15related to the impoundment if acquittal or dismissal occurs.
16(5) The vehicle may not be sold prior to the defendant’s
17conviction.
18(6) The impounding agency is responsible for the actual costs
19incurred by the towing agency as a result of the impoundment
20should the registered owner be absolved
of liability for those
21charges pursuant to paragraph (3) of subdivision (c).
22Notwithstanding this provision, nothing shall prohibit impounding
23agencies from making prior payment arrangements to satisfy this
24requirement.
25(f) Any period when a vehicle is subjected to storage under this
26section shall be included as part of the period of impoundment
27ordered by the court underbegin insert subdivision (d) of Section 23103 orend insert
28 subdivision (h) of Section 23109.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
O
95