BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 510        Hearing Date:    April 28, 2015    
          
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          |Author:    |Hall                                                 |
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          |Version:   |April 16, 2015                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|MK                                                   |
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                    Subject:  Speed Contests:  Impounded Vehicles



          HISTORY
          
          Source:   Los Angeles County Sheriff's Department

          Prior Legislation:SB 67 (Perata) - Chapter 727, Stats. 2007
                         SB 1489 (Perata) - Chapter 411, Stats. 2002
                         AB 2288 (Aguiar) - Chapter 884, Stats. 1996
                         SB 833 (Bonta) - Chapter 922, Stats. 1995
                         AB 5 - Chapter 3, Stats. 1959


          Support:  The Association for Los Angeles Deputy Sheriffs;  
                    California Law Enforcement Association of Records  
                    Supervisors, Inc.; The Los Angeles Police Protective  
                    League; The Riverside Sheriffs Association
                    

          Opposition:None known
                                                
          PURPOSE
          
          The purpose of this bill is to mandate that a court order the  
          impoundment of a vehicle used in street racing and to clarify  
          that a vehicle must be repaired after it is released from  
          impound.







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          Existing law provides that any person who drives any vehicle  
          upon a highway in willful or wanton disregard for the safety of  
          persons or property is guilty of reckless driving.  A person who  
          drives any vehicle in any off-street parking facility in a  
          willful or wanton disregard for the safety of persons or  
          property is guilty of reckless driving.  (Vehicle Code § 23103.)

          Existing law provides that when a person is arrested for a speed  
          contest the officer may impound the vehicle for not more than 30  
          days.  The registered and legal owner of the vehicle shall be  
          provided with a hearing regarding the storage and the vehicle  
          shall be returned before the conclusion of the impoundment  
          period under the following circumstances:
            If the vehicle is a stolen vehicle;
            If the person alleged to have engaged in the speed contest  
             was not authorized by the registered owner to drive the  
             vehicle at the time of the offense;
            If the legal or registered owner is a rental agency;
            If the citation is dismissed and criminal charges are not  
             filed.
            To the legal owner if the legal owner pays the impoundment  
             fees and presents foreclosure documents.  (Vehicle Code §  
             23109.2.)

          Existing law provides that no person shall engage in any motor  
          vehicle speed contest which includes a motor vehicle race  
          against another vehicle, a clock, or other timing device.   
          Existing law also prohibits aiding or abetting in a seed  
          contest.  Existing law also prohibits the exhibition of speed in  
          any motor vehicle or the aiding and abetting of the exhibition  
          of speed.  The penalty for a speed contest or the exhibition of  
          speed is a misdemeanor punishable as a first offense by 24 hours  
          to 90 days in jail and/or a fine of $355-$1,000 and for a second  
          offense within five years 4 days to six months in jail and a  
          fine of $500-$1,000.  (Vehicle Code § 23109 (a).)

          Existing law 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.   
          (Vehicle Code §23109 (h).)

          This bill changes the "may" to a "shall" and thus provides that  








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          the vehicle shall be impounded.

          Existing law provides that a person shall not operate a vehicle  
          impounded on any public or road if the vehicle is inspected and  
          found in violation of the code without first correcting the  
          violation. (Vehicle Code § 23109(h)(2).)

          This bill also prohibitions operation of the vehicle if the  
          impounded vehicle was found to be in violation of a mechanical  
          requirement of this code without first correction of the  
          violation.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  








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          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS
          1.  Need for The Bill
          
          According to the author:

               Illegal street racing is a growing danger to those  
               behind the wheel, passengers, spectators and innocent  
               passers-by that may be injured or killed.  Reports of  
               innocent people being assaulted and vehicles being  
               vandalized for simply trying to drive around illegal  
               racing activities are on the rise.  Illegal drug use,  
               drunk driving, stolen vehicles and stolen weapons are  
               among the offenses that are cited by law enforcement  
               when street racing events are broken up.

               Many of the vehicles cited for street racing have  
               undergone thousands of dollars in dangerous and  
               illegal modifications.  These modifications include  
               radar jammers, lowered frames, air and hydraulic  








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               suspension systems, window tinting, missing bumpers,  
               engine modifications, multicolored headlights, and  
               excessively noisy exhaust systems and mufflers. 

               Currently, a vehicle used for illegal street racing  
               may be impounded at the expense of the owner form one  
               to 30 days upon conviction.  After this time, the  
               vehicle is returned to the owner with the illegal  
               modifications intact.  This allows the owner to  
               immediately begin using the vehicle for illegal street  
               racing activities; endangering themselves and innocent  
               passers-by.

               This bill seeks to remedy this deficiency in current  
               law by requiring a longer impound, and removal of  
               Illegal modifications for purposes of street racing.
               
          2.  Mandatory Impound

          Existing law provides that law enforcement may impound for 30  
          days upon arrest and a court may impound upon conviction of a  
          street contest violation.  This bill would provide that the  
          court shall impound a car upon a violation of street racing.

          Street racing has been an ongoing issue in some communities in  
          California.  The Los Angeles Sheriffs recently worked with the  
          CHP on an operation to stop street racers in South Los Angeles  
          County:

               The operation, centered near the intersection of  
               Broadway and Imperial Highway, Unincorporated South  
               Los Angeles, was spearheaded by personnel from Carson  
               Sheriff's Station.  The operation utilized law  
               enforcement personnel from Century, South Los Angeles,  
               Compton, and Lakewood Sheriff's Stations, officers  
               from the California Highway Patrol and LASD Aero  
               Bureau.  The operation included 44 arrests that ranged  
               from warrant arrests to drug related offenses.   
               Unlicensed drivers and those driving on a suspended  
               license were also part of the 209 citations issued, in  
               addition to the 54 vehicles that were towed. 
               Social media is used to promote the gathering of  
               vehicles to participate in illegal activities and  
               often draws upwards of 300 vehicles and more than 500  








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               spectators.  Street racing and cruising is not only a  
               public nuisance, it is highly dangerous.  Street  
               racing often results in traffic collisions, injuries  
               and fatalities.  (LA Sheriff Press Release dated April  
               20, 2015)

          3.  Double Impoundment?
          
          In addition to the court impounding the vehicle, the law  
          allows law enforcement to impound a vehicle up to 30 days  
          at the scene of the violation.  This bill would make the  
          court impoundment mandatory.  Should the bill be amended to  
          create an exception to the mandatory court impoundment for  
          those cars that have already been impounded under the  
          section allowing law enforcement to impound so that there  
          is not double impoundment of the same vehicle?

          4.  Family Necessity?
          
          Although it is unusual in cars used in street racing to be  
          the only car in a family, in other cases of impounding car  
          we have given the court to not impound the vehicle if the  
          court finds that it is the sole means of transportation for  
          other members of the family.  Should the bill be amended to  
          make it clear that the court has the discretion to not  
          impound the car if it finds that it is the sole means of  
          transportation for other family members?
          
          5. Correction Language

          This bill provides that a person shall not drive a vehicle  
          that is impounded until any mechanical or other issues have  
          been corrected.  By the time the person is convicted in  
          court and their car impounded, any fix-it tickets should  
          have been corrected since the time frame for correction is  
          usually 30 days (Vehicle Code § 40610)   Also the language  
          is unclear that the person must make the corrections after  
          the impound.  Should this language be clarified to state  
          that the vehicle shall be corrected, unless it has already  
          been corrected, and that correction shall be filed with the  
          court within 30 days?


                                      -- END -








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