BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 510|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   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.









                                                                     SB 510 
                                                                    Page  2


          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,  







                                                                     SB 510  
                                                                    Page  3


          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  







                                                                     SB 510  
                                                                    Page  4


          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








                                                                     SB 510  
                                                                    Page  5



                                   ****  END  ****