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 15, 2015
SENATE VOTE: 39-0
SUBJECT: Speed contests and reckless driving: impounded
vehicles.
SUMMARY: Requires, rather than allows, a vehicle that is
determined to have been involved in a speed contest or engaged
in reckless driving 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 or
reckless driving, 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)Relative to speed contest convictions, requires a vehicle that
is cited for equipment violations to be repaired within 30
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days of the date the vehicle is released from impoundment, as
specified.
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.
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4)Provides 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 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
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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.
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.
SB 510 also imposes the 30-day vehicle impoundment requirement
on vehicles involved in illegal reckless driving activities
otherwise known as "sideshows." Increasing in popularity, a
"sideshow" involves participants 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
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vehicle within days of the vehicle being impounded.
The author notes that SB 510 will fix a deficiency in current
law that allows a person involved in illegal street racing or
sideshowing 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."
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
Los Angeles County District Attorney's Office
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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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