BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 510


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          Date of Hearing:  July 13, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          SB  
          510 (Hall) - As Amended July 7, 2015


          SENATE VOTE:  39-0


          SUBJECT:  Speed contests:  impounded vehicles


          SUMMARY:  Requires, rather than allows, a vehicle that is  
          determined to have been involved in a speed contest to be  
          impounded for 30 days, as specified.  Specifically, this bill: 


          1)Requires a vehicle to be impounded for 30 days if a person is  
            convicted of engaging in a motor vehicle speed contest, as  
            specified.  


          2)Authorizes the court to waive the 30-day impoundment  
            requirement if it is determined that the impoundment of the  
            vehicle will impose an undue hardship upon the registered  
            owner's family.  


          3)Requires a vehicle that is cited for equipment violations to  
            be repaired within 30 days of the date the vehicle is released  
            from impoundment, as specified. 









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          4)Makes technical conforming changes.  


          EXISTING LAW:  





          1)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.  Further specifies  
            that 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.



          2)Provides that when a person is arrested for a speed contest,  
            an officer may impound the vehicle for not more than 30 days.   
            Further specifies that the registered and legal owner of the  
            vehicle is required to be provided a hearing regarding the  
            storage of the vehicle and also requires the vehicle to be  
            returned before the conclusion of the impoundment period under  
            the certain circumstances.



          3)Prohibits a person from engaging in any motor vehicle speed  
            contest which includes a motor vehicle race against another  
            vehicle, a clock, or other timing device.  Further prohibits a  
            person from aiding or abetting in a seed contest.  Specifies  
            the penalty for a speed contest or the exhibition of speed is  
            a misdemeanor.



          4)Provides that if a person is convicted of a street racing  








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            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 up to 30 days.

          FISCAL EFFECT:  Unknown 


          COMMENTS:  The continued popularity of illegal street racing has  
          created a significant public safety issue throughout the state.   
          Operating illegally modified vehicles at high speeds, racers not  
          only place themselves and spectators in harm's way, but many  
          times, innocent motorist are severely or fatally injured when an  
          accident occurs.  For example, in February of this year, an  
          illegal street race in Chatsworth resulted in two spectators  
          being killed and one seriously injured when the driver of a Ford  
          Mustang lost control and swerved into the crowd.  In April of  
          this year, an illegal street race in San Bernardino resulted in  
          three innocent passengers in a Toyota Corolla being seriously  
          injured when the racer, who was fatally injured, crashed into  
          the vehicle after losing control.   Moreover, news reports from  
          the Bay Area have noted that illegal street racing has been  
          increasing in cities - with numerous incidents of illegal racing  
          occurring from Oakland down to San Jose.  Traffic data collected  
          by the California Highway Patrol (CHP) show that over a  
          four-year period, CHP has increasingly issued citations  
          resulting in 12,586 convictions for engaging in, aiding, or  
          abetting exhibition of speed on a highway.  



          While illegal street racing has become a known problem amongst  
          law enforcement officials, research has found that vehicle  
          impoundments are an effective public safety tool that has also  
          been proven to change driver behavior.  According to the U.S.  
          Department of Justice (DOJ), impounding and/or forfeiting  
          vehicles used in street racing has been found to be 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  








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          an impound fee is assessed in order for the driver to reclaim  
          the vehicle. 

          Additionally, a study by the National Highway Traffic Safety  
          Administration (NHTSA) that evaluated California's 30-day  
          impoundment requirement for motorists driving with a suspended  
          driver's license found that when drivers had their vehicles  
          impounded, "their subsequent traffic violations and crashes were  
          reduced substantially."  Furthermore, a DMV study also found  
          that the 30-day impoundment penalty resulted in an estimated 38%  
          reduction in subsequent crashes and up to a 23% in fewer  
          subsequent convictions when a driver's vehicle was impounded.  

          SB 510 aims to reduce the number of illegal street races by  
          requiring a mandatory 30-day vehicle impoundment if a court  
          convicts a driver of participating in an illegal street race.   
          Currently, law enforcement and courts can impound a vehicle  
          involved in illegal street racing; however, drivers have the  
          ability to retrieve their vehicle through a variety of methods.   
          Providing a clear, mandatory 30-day vehicle impoundment upon  
          conviction of illegal street racing will eliminate a person's  
          ability to retrieve their vehicle prior to its scheduled release  
          date and payment of penalties.  Additionally, SB 510 will  
          require the convicted driver to remove any illegal modifications  
          within 30 days of the vehicle's release if cited by a law  
          enforcement officer at the time the race occurred.  The author  
          notes that SB 510 will fix a deficiency in current law that  
          allows a person involved in illegal street racing to "gain  
          possession of the illegally modified vehicle in as short as a  
          day without requiring the removal of illegal modifications done  
          to the vehicle for purposes of street racing."   
          


          Suggested amendment:  While SB 510 addresses vehicles that  
          participate in illegal street racing, the 30-day impoundment  
          requirement should be extended to vehicles involved in illegal  
          reckless driving activities otherwise known as "sideshows."   
          Increasing in popularity, a "sideshow" involves participants  








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          setting up blockades on a highway with drivers engaging in  
          dangerous driving behavior including "spinning donuts" or the  
          "burning" of tires.  Currently law enforcement has the ability  
          to impound a vehicle engaging in this illegal activity, however,  
          similar to street racing, the owner of the vehicle has the  
          ability to retrieve the vehicle within days of the vehicle being  
          impounded.  The author has indicated that he intends to accept  
          this amendment at the committee hearing. 


           


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Los Angeles County Sheriff's Department (Sponsor) 


          California Association of Highway Patrolmen 


          California Law Enforcement Association of Records Supervisors 


          California State Lodge, Fraternal Order of Police 


          California State Sheriffs' Association 


          Long Beach Police Officers Association 










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          Los Angeles County District Attorney's Office 


          Los Angeles County Professional Peace Officers Association 


          Sacramento County Deputy Sheriffs' Association 


          Santa Ana Police Officers Association 


          The Association for Los Angeles Deputy Sheriffs


          The Los Angeles Police Protective League 


          The Riverside Sheriffs Association 




          Opposition


          None on file 




          Analysis Prepared by:Manny Leon / TRANS. / (916)  
          319-2093














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