BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 510            Hearing Date:     4/14/2015
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          |Author:   |Hall                                                  |
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          |Version:  |2/26/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Christine Hochmuth                                    |
          |:         |                                                      |
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          SUBJECT:  Street racing:  impounded vehicles


            DIGEST:  This bill increases the penalty for a street racing  
          conviction to a mandatory 30-day impoundment at the owner's  
          expense. 

          ANALYSIS:
          
          Existing law:

          1.Defines speed contests as a motor vehicle race against another  
            vehicle, a clock, or other timing device.

          2.Sets the current penalty for conviction of street racing at  
            imprisonment in county jail for between 24 hours and 90 days  
            or a fine between $355 and $1,000, or both.  Violators are  
            required to perform 40 hours of community service.  The court  
            can order the suspension of driving privileges between 90 days  
            and 6 months.  These punishments increase for subsequent  
            offenses or in cases where bodily injury to another person has  
            occurred.

          3.States that if a person is convicted of a street racing  
            violation, and the vehicle used during the violation is  
            registered to the person, the vehicle may be impounded at the  
            registered owner's expense for between one and 30 days.

          This bill:
          







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          1.Mandates that when a person is convicted of street racing, and  
            the car used in the violation is registered to the convicted  
            offender, the vehicle will be impounded at the registered  
            owner's expense for 30 days.

          2.Prohibits a person from operating a vehicle that has been  
            impounded for street racing if the vehicle is inspected and  
            found to be in unsafe condition without first correcting the  
            violation.
          3.Creates penalties for people that are convicted of operating a  
            vehicle that has been impounded for street racing and that  
            still has illegal modifications.  This penalty would be county  
            jail time of no more than 90 days and/or a fine of no more  
            than $500.

          COMMENTS:

             1.   Purpose of the bill.  According to the author and the  
               sponsors, law enforcement has seen a steady rise in illegal  
               street racing over the recent months.  When a person is  
               convicted of a crime, they are rarely given back the tools  
               used to commit the crime.  However, when a person is  
               convicted of street racing, the tool (vehicle) used to  
               commit the crime is returned to them, sometimes within a  
               few days.  Most vehicles used in street racing have been  
               illegally modified to enhance performance for the purpose  
               of street racing.  These illegal modifications remain on/in  
               the vehicles when returned to the owner.  This bill seeks  
               to remedy this deficiency in current law by requiring a  
               longer impound and removal of illegal modifications prior  
               to the vehicle being registered as operable.

             2.   Street racing and illegal modifications.  The author and  
               sponsors contend that illegal street racing is a growing  
               danger to those behind the wheel, passengers, spectators,  
               and innocent passersby.  In addition to the inherent danger  
               of racing, there are reports of assaults and vehicle  
               vandalization in the vicinity of racing activities.   
               Illegal drug use, drunk driving, stolen vehicles, and  
               stolen weapons are also cited by law enforcement when  
               street racing events are broken up.

               From 2010 to 2014, the California Highway Patrol (CHP)  
               issued citations resulting in 12,586 convictions for  
               engaging in, aiding, or abetting exhibition of speed on a  








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               highway.  During the same time period, 3,069 more  
               convictions were handed out for engaging in, aiding, or  
               abetting speed contests in general. 

               Illegal modifications on cars can include radar jammers,  
               lowered frames, air and hydraulic suspension systems,  
               window tinting, missing bumpers, engine modifications,  
               multicolored headlights, and excessively noisy exhaust  
               systems and mufflers.  These modifications are sometimes  
               seen on cars cited for street racing.

             3.   Impound.  According to the U.S. Department of Justice  
               (DOJ), impounding and/or forfeiting vehicles used in street  
               racing is an effective deterrent due to the threat of loss  
               of valuable property and means to race.  DOJ states that  
               this response works best when the ordinance is widely  
               publicized to deter illegal racing and an impound fee is  
               assessed in order for the driver to reclaim the vehicle. 

               The cost to retrieve an impounded vehicle varies by locale.  
               As an example, in the city of Stockton, the approximate  
               total cost for a 30-day impound is $1,860.  This includes  
               $175 for the initial cost of towing, $1,500 for outside  
               storage (at a rate of $50 per day), and $100  
               lien-processing fee.  The owner of the vehicle is  
               responsible for the towing, storage, and release fees.  If  
               they are unable to pay, their vehicle will be sold to cover  
               the fees.  

             4.   Removal of modifications.  This bill creates provisions  
               that would make it a violation for a vehicle impounded for  
               street racing to be driven off the impound lot.  Presumably  
               one would need to at least drive their car to a shop in  
               order to have modifications removed.  This bill does not  
               make it clear how or when vehicles would be inspected upon  
               release from impound to determine if they can be deemed  
               operable.  

               The authors are working on amendments that would mandate  
               the registered owner of the vehicle to submit their car to  
               local law enforcement for inspection within 30 days of  
               release from the impound to ascertain that illegal  
               modifications have been removed.

             5.   Support for the bill.  The California State Sheriffs'  








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               Association states that a mandatory impoundment period  
               should be established given the inherent danger in street  
               racing.

             6.   Double referral.  The Rules Committee has referred this  
               bill to both this committee and the Public Safety  
               Committee.  Therefore, if the bill passes this committee,  
               it will be referred to the Public Safety Committee.
          
          RELATED LEGISLATION:
          
          SB 67 (Perata, Chapter 727, Statutes of 2007) reenacts  
          provisions that were allowed to sunset that provide for vehicle  
          impoundments when a person is arrested for reckless driving,  
          exhibition of speed, or a speed contest. 

          SB 1489 (Perata, Chapter 411, Statues of 2002) gave law  
          enforcement the authority to seize and impound a vehicle for no  
          more than 30 days when a person was arrested for reckless  
          driving, exhibition of speed, or a speed contest.  This bill  
          sunsets on January 1, 2007.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          Yes


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 8, 2015.)
          
            SUPPORT:  

          Los Angeles County Sheriff's Department (sponsor)
          California State Sheriffs' Association 

          OPPOSITION:

          None received.
          
          

                                      -- END --
          










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