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 ----------------------------------------------------------------- |Author: |Hall | |----------+------------------------------------------------------| |Version: |2/26/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Christine Hochmuth | |: | | ----------------------------------------------------------------- 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: SB 510 (Hall) Page 2 of ? 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 SB 510 (Hall) Page 3 of ? 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' SB 510 (Hall) Page 4 of ? 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 -- SB 510 (Hall) Page 5 of ?