BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 510|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 510
Author: Hall (D), et al.
Amended: 5/6/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Speed contests: impounded vehicles
SOURCE: Los Angeles County Sheriffs Department
DIGEST: This bill increases the penalty for a street racing
conviction to a mandatory 30-day impoundment at the owner's
expense and states that a vehicle must be repaired after it is
released from impound.
ANALYSIS:
Existing law:
1)Defines speed contests as a motor vehicle race against another
vehicle, a clock, or other timing device.
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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 six 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:
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, unless the court finds that such
an action will result in an undue hardship for the family
because the vehicle to be impounded is the only means of
transportation for other members of the family. The 30-day
period must be reduced accordingly if the car was immediately
impounded for street racing.
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. The only exception is to drive the vehicle to a
location to make repairs. The correction must be made within
30 days of the date of release from impoundment.
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
Purpose of the bill. According to the author and the source,
law enforcement has seen a steady rise in illegal street racing
over the recent months. When a person is convicted of a crime,
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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.
Street racing and illegal modifications. The author and source
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 issued
citations resulting in 12,586 convictions for engaging in,
aiding, or abetting exhibition of speed on a 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.
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
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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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/18/15)
Los Angeles County Sheriff's Department (source)
Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen
California Law Enforcement Association of Records Supervisors,
Inc.
California State Lodge, Fraternal Order of Police
California State Sheriffs' Association
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Santa Ana Police Officers Association
Sacramento County Deputy Sheriffs' Association
OPPOSITION: (Verified5/18/15)
None received
ARGUMENTS IN SUPPORT: Supporters state that this bill takes
further steps to ensure safer roads and driving conditions for
the public. They believe that highway racing is dangerous and
often times lethal. This bill will add additional punishment to
the crime and hopefully act as a deterrent.
Prepared by:Christine Hochmuth / T. & H. / (916) 651-4121
5/20/15 9:44:19
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