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 ****