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.
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